[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2016 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 29
Labor
________________________
Parts 1900 to Sec. 1910.999
Revised as of July 1, 2016
Containing a codification of documents of general
applicability and future effect
As of July 1, 2016
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 5
Finding Aids:
Table of CFR Titles and Chapters........................ 995
Alphabetical List of Agencies Appearing in the CFR...... 1015
List of CFR Sections Affected........................... 1025
[[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 1902.1 refers
to title 29, part 1902,
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
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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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
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PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
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the requirements of 1 CFR part 51 are met. Some of the elements on which
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
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(c) The incorporating document is drafted and submitted for
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CFR INDEXES AND TABULAR GUIDES
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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
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Oliver A. Potts,
Director,
Office of the Federal Register.
July 1, 2016.
[[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, parts 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, 2016.
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, Ann Worley was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum
Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 29--LABOR
(This book contains parts 1900 to Sec. 1910.999)
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SUBTITLE B--Regulations Relating to Labor (Continued)
Part
chapter xvii--Occupational Safety and Health Administration,
Department of Labor....................................... 1902
[[Page 3]]
Subtitle B--Regulations Relating to Labor (Continued)
[[Page 5]]
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR
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Part Page
1900-1901 [Reserved]
1902 State plans for the development and
enforcement of State standards.......... 7
1903 Inspections, citations and proposed
penalties............................... 30
1904 Recording and reporting occupational
injuries and illnesses.................. 48
1905 Rules of practice for variances,
limitations, variations, tolerances, and
exemptions under the Williams-Steiger
Occupational Safety and Health Act of
1970.................................... 76
1906
Administration witnesses and documents in private litigation [Reserved]
1908 Consultation agreements..................... 86
1910 Occupational safety and health standards.... 98
Subject Index for 29 CFR Part 1910--
Occupational Safety and Health Standards 948
[[Page 7]]
PARTS 1900 1901 [RESERVED]
PART 1902_STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE
STANDARDS--Table of Contents
Subpart A_General
Sec.
1902.1 Purpose and scope.
1902.2 General policies.
Subpart B_Criteria for State Plans
1902.3 Specific criteria.
1902.4 Indices of effectiveness.
1902.5 Intergovernmental Cooperation Act of 1968.
1902.6 Consultation with the National Institute for Occupational Safety
and Health.
1902.7 Injury and illness recording and reporting requirements.
1902.8 Variations and variances.
1902.9 Requirements for approval of State posters.
Subpart C_Procedures for Submission, Approval and Rejection of State
Plans
1902.10 Submission.
Procedure for Proposed or Possible Approval of Plan
1902.11 General notice.
1902.12 Opportunity for modifications and clarifications.
1902.13 Informal hearing.
1902.14 Formal hearing.
1902.15 Certification of the record of a hearing.
1902.16 Partial approval of State plans.
Procedure for Proposed or Possible Rejection of Plan
1902.17 The proceeding.
1902.18 Previous hearing or other opportunity for comment on plan.
1902.19 Notice of hearing.
Decisions
1902.20 Decision following informal proceeding.
1902.21 Tentative decision following formal proceeding.
1902.22 Final decision following formal proceeding.
1902.23 Publication of decisions.
Subpart D_Procedures for Determinations Under Section 18(e) of the Act
General
1902.30 Purpose and scope.
1902.31 Definitions.
1902.32 General policies.
Completion of Developmental Steps--Certification
1902.33 Developmental period.
1902.34 Certification of completion of developmental steps.
1902.35 Effect of certification.
Basis for 18(e) Determinations
1902.36 General provisions.
1902.37 Factors for determination.
Procedures for 18(e) Determination
1902.38 Evaluation of plan following certification.
1902.39 Completion of evaluation.
1902.40 Informal hearing.
1902.41 Decision.
1902.42 Effect of affirmative 18(e) determination.
1902.43 Affirmative 18(e) decision.
1902.44 Requirements applicable to State plans granted affirmative 18(e)
determinations.
1902.45 [Reserved]
1902.46 Negative 18(e) determination.
Procedure for Reconsideration and Revocation of an Affirmative 18(e)
Determination
1902.47 Reconsideration of an affirmative 18(e) determination.
1902.48 The proceeding.
1902.49 General notice.
1902.50 Informal hearing.
1902.51 Certification of the records of a hearing.
1902.52 Decision.
1902.53 Publication of decisions.
Authority: Secs. 8 and 18, 84 Stat. 1608 (29 U.S.C. 657, 667);
Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Effective Date Note 1: At 81 FR 43452, July 1, 2016, the authority
citation for part 1902 was revised, effective Aug. 1, 2016. For the
convenience of the user, the revised text is set forth as follows:
Authority: Secs. 8 and 18 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 657, 667); 28 U.S.C. 2461 note (Federal Civil
Penalties Inflation Adjustment Act of 1990), as amended by Section 701,
Pub. L. 114-74; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan.
25, 2012).
Effective Date Note 2: At 81 FR 29694, May 12, 2016, the authority
citation for part 1902 was revised, effective Jan. 1, 2017. For the
convenience of the user, the revised text is set forth as follows:
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Source: 36 FR 20751, Oct. 29, 1971, unless otherwise noted.
[[Page 8]]
Subpart A_General
Sec. 1902.1 Purpose and scope.
(a) This part applies the provisions of section 18 of the Williams-
Steiger Occupational Safety and Health Act of 1970 (hereinafter referred
to as the Act) relating to State plans for the development and
enforcement of State occupational safety and health standards. The
provisions of the part set forth the procedures by which the Assistant
Secretary for Occupational Safety and Health (hereinafter referred to as
the Assistant Secretary) under a delegation of authority from the
Secretary of Labor (Secretary's Order No. 12-71, 36 FR 8754, May 12,
1971) will approve or reject State plans submitted to the Secretary. In
the Act, Congress declared it to be its purpose and policy ``* * * to
assure so far as possible every working man and woman in the Nation safe
and healthful working conditions and to preserve our human resources''
by, among other actions and programs, ``* * * encouraging the State to
assume the fullest responsibility for the administration and enforcement
of their occupational safety and health laws. Section 18(a) of the Act
is read as preventing any State agency or court from asserting
jurisdiction under State law over any occupational safety or health
issue with respect to which a Federal standard has been issued under
section 6 of the Act. However, section 18(b) provides that any State
that desires to assume responsibility for the development and
enforcement therein of occupational safety and health standards relating
to issues covered by corresponding standards promulgated under section 6
of the Act shall submit a plan for doing so to the Assistant Secretary.
(b) Section 18(c) of the Act sets out certain criteria that a plan
which is submitted under section 18(b) of the Act must meet, either
initially or upon modification, if it is to be approved. Foremost among
these criteria is the requirement that the plan must provide for the
development of State standards and the enforcement of such standards
which are or will be at least as effective in providing safe and
healthful employment and places of employment as the standards
promulgated under section 6 of the Act which relate to the same issues.
(c)(1) If the Assistant Secretary approves a State plan submitted
under section 18(b), he may, but is not required to, exercise his
enforcement authority with respect to Federal standards corresponding to
standards approved under the plan until he determines, in accordance
with section 18(e) of the Act, on the basis of actual operations under
the plan, that the State is applying the criteria of section 18(c) of
the Act. The Assistant Secretary shall not make this determination (i)
for at least 3 years after initial approval of the plan, and (ii) in the
case of a developmental plan approved under Sec. 1902.2(b), until the
State has completed all the steps specified in its plan which are
designed to make it at least as effective as the Federal program and the
Assistant Secretary has had at least 1 year in which to evaluate the
program on the basis of actual operations. After the determination that
the State is applying the criteria of section 18(c) of the Act, the
Assistant Secretary's enforcement authority shall not apply with respect
to any occupational safety or health issue covered by the plan.
Notwithstanding plan approval and a determination under section 18(e)
that the section 18(c) criteria are being followed, the Assistant
Secretary shall make a continuing evaluation, as provided in section
18(f) of the Act, of the manner in which the State is carrying out the
plan.
(2) Federal enforcement authority which must be retained by the
Assistant Secretary until actual operations prove the State plan to be
at least as effective as the Federal program, will be exercised to the
degree necessary to assure occupational safety and health. Factors to be
considered in determining the level of Federal effort during this period
include:
(i) Whether the plan is developmental (i.e., approved under Sec.
1902.2(b)) or complete (i.e., approved under Sec. 1902.2 (a)).
(ii) Results of evaluations conducted by the Assistant Secretary.
(3) Whenever the Assistant Secretary determines, after giving notice
and affording the State an opportunity for a hearing, that in the
administration of the State plan there is a failure to
[[Page 9]]
comply substantially with any provision of the plan or any assurance
contained therein, he shall withdraw approval of such plan in whole or
in part, and upon notice the State shall cease operations under any
disapproved plan or part thereof, except that it will be permitted to
retain jurisdiction as to any case commenced before withdrawal of
approval whenever the issues involved do not relate to the reasons for
the withdrawal of the plan.
(4) A determination of approval of a State plan under section 18(e)
does not affect the authority and responsibility of the Assistant
Secretary to enforce Federal standards covering issues not included
under the State plan.
(d) The policy of the Act is to encourage the assumption by the
States of the fullest responsibility for the development and enforcement
of their own occupational safety and health standards. This assumption
of responsibility is considered to include State development and
enforcement of standards on as many occupational safety and health
issues as possible. To these ends, the Assistant Secretary intends to
cooperate with the States so that they can obtain approval of plans for
the development and enforcement of State standards which are or will be
at least as effective as the Federal standards and enforcement.
(e) After the Assistant Secretary has approved a plan, he may
approve one or more grants under section 23(g) of the Act to assist the
State in administering and enforcing its program for occupational safety
and health in accordance with appropriate instructions or procedures to
be promulgated by the Assistant Secretary.
[36 FR 20751, Oct. 29, 1971, as amended at 61 FR 9230, Mar. 7, 1996]
Sec. 1902.2 General policies.
(a) Policy. The Assistant Secretary will approve a State plan which
provides for an occupational safety and health program with respect to
covered issues that in his judgment meets or will meet the criteria set
forth in Sec. 1902.3. Included among these criteria is the requirement
that the State plan provide for the development and enforcement of
standards relating to issues covered by the plan which are or will be at
least as effective in providing safe and healthful employment and places
of employment as standards promulgated and enforced under section 6 of
the Act on the same issues. In determining whether a State plan
satisfies the requirement of effectiveness, the Assistant Secretary will
measure the plan against the indices of effectiveness set forth in Sec.
1902.4.
(b) Developmental plan. A State plan for an occupational safety and
health program may be approved although, upon submission it does not
fully meet the criteria set forth in Sec. 1902.3, if it includes
satisfactory assurances by the State that it will take the necessary
steps to bring the State program into conformity with these criteria
within the 3-year period immediately following the commencement of the
plan's operation. In such case, the State plan shall include the
specific actions it proposes to take and a time schedule for their
accomplishment not to exceed 3 years, at the end of which the State plan
will meet the criteria in Sec. 1902.3. A developmental plan shall
include the date or dates within which intermediate and final action
will be accomplished. If necessary program changes require legislative
action by a State, a copy of a bill or a draft of legislation that will
be or has been proposed for enactment shall be submitted, accompanied by
(1) a statement of the Governor's support of the legislation and (2) a
statement of legal opinion that the proposed legislation will meet the
requirements of the Act and this part in a manner consistent with the
State's constitution and laws. On the basis of the State's submission
the Assistant Secretary will approve the plan if he finds that there is
a reasonable expectation that the State plan will meet the criteria in
Sec. 1902.3 within the indicated 3-year period. In such case, the
Assistant Secretary shall not make a determination under section 18(e)
of the Act that a State is fully applying the criteria in Sec. 1902.3
until the State has completed all the developmental steps specified in
its plan which are designed to make it at least as effective as the
Federal program, and the Assistant Secretary has had at least 1 year to
evaluate the plan on the basis of actual operations. If at
[[Page 10]]
the end of 3 years from the date of commencement of the plan's
development, the State is found by the Assistant Secretary, after
affording the State notice and opportunity for a hearing, not to have
substantially completed the developmental steps of the plan, the
Assistant Secretary shall withdraw the approval of the plan.
(c) Scope of State plan. (1) A State plan may cover any occupational
safety and health issue with respect to which a Federal standard has
been promulgated under section 6 of the Act. An ``issue'' is considered
to be an industrial, occupational or hazard grouping which is at least
as comprehensive as a corresponding grouping contained in (i) one or
more sections in subpart B or R of part 1910 of this chapter, or (ii)
one or more of the remaining subparts of part 1910. However, for cause
shown the Assistant Secretary may approve a plan relating to other
industrial, occupational or hazard groupings if he determines that the
plan is administratively practicable and that such groupings would not
conflict with the purposes of the Act.
(2) Each State plan shall describe the occupational safety and
health issue or issues and the State standard or standards applicable to
each such issue or issues over which it desires to assume enforcement
responsibility in terms of the corresponding Federal industrial,
occupational or hazard groupings and set forth the reasons, supported
with appropriate data, for any variations the State proposes from the
coverage of Federal standards.
(3) The State plan shall apply to all employers and employees within
the affected industry, occupational or hazard grouping unless the
Assistant Secretary finds that the State has shown good cause why any
group or groups of employers or employees should be excluded. Any
employers or employees so excluded shall be covered by applicable
Federal standards and enforcement provisions in the Act.
Subpart B_Criteria for State Plans
Sec. 1902.3 Specific criteria.
(a) General. A State plan must meet the specific criteria set forth
in this section.
(b) Designation of State agency. (1) The State plan shall designate
a State agency or agencies as the agency or agencies responsible for
administering the plan throughout the State.
(2) The plan shall also describe the authority and responsibilities
vested in such agency or agencies. The plan shall contain assurances
that any other responsibilities of the designated agency shall not
detract significantly from the resources and priorities assigned to
administration of the plan.
(3) A State agency or agencies must be designated with overall
responsibility for administering the plan throughout the State. However,
political subdivisions of the State may have the responsibility and
authority for the development and enforcement of standards, provided
that the State agency or agencies are given adequate authority by
statute, regulation, or agreement, to insure that the commitments of the
State under the plan will be fulfilled.
(c) Standards. (1) The State plan shall include or provide for the
development or adoption of, and contain assurances that the State will
continue to develop or adopt, standards which are or will be at least as
effective as those promulgated under section 6 of the Act. Indices of
the effectiveness of standards and procedures for the development or
adoption of standards against which the Assistant Secretary will measure
the State plan in determining whether it is approvable are set forth in
Sec. 1902.4(b).
(2) The State plan shall not include standards for products
distributed or used in interstate commerce which are different from
Federal standards for such products unless such standards are required
by compelling local conditions and do not unduly burden interstate
commerce. This provision, reflecting section 18(c)(2) of the Act, is
interpreted as not being applicable to customized products or parts not
normally available on the open market, or to the optional parts or
additions to products which are ordinarily available with such optional
parts or additions. In situations where section 18(c)(2) is considered
applicable, and provision is made for the adoption of product standards,
the requirements of section 18(c)(2), as they relate to undue burden
[[Page 11]]
on interstate commerce, shall be treated as a condition subsequent in
light of the facts and circumstances which may be involved.
(d) Enforcement. (1) The State plan shall provide a program for the
enforcement of the State standards which is, or will be, at least as
effective as that provided in the Act, and provide assurances that the
State's enforcement program will continue to be at least as effective as
the Federal program. Indices of the effectiveness of a State's
enforcement plan against which the Assistant Secretary will measure the
State plan in determining whether it is approvable are set forth in
Sec. 1902.4(c).
(2) The State plan shall require employers to comply with all
applicable State occupational safety and health standards covered by the
plan and all applicable rules issued thereunder, and employees to comply
with all standards, rules, and orders applicable to their conduct.
(e) Right of entry and inspection. The State plan shall contain
adequate assurance that inspectors will have a right to enter and
inspect covered workplaces which is, or will be, at least as effective
as that provided in section 8 of the Act. Where such entry or inspection
is refused, the State agency or agencies shall have the authority,
through appropriate legal process, to compel such entry and inspection.
(f) Prohibition against advance notice. The State plan shall contain
a prohibition against advance notice of inspections. Any exceptions must
be expressly authorized by the head of the designated agency or agencies
or his representative and such exceptions may be no broader than those
authorized under the Act and the rules published in part 1903 of this
chapter relating to advance notice.
(g) Legal authority. The State plan shall contain satisfactory
assurances that the designated agency or agencies have, or will have,
the legal authority necessary for the enforcement of its standards.
(h) Personnel. The State plan shall provide assurance that the
designated agency or agencies have, or will have, a sufficient number of
adequately trained and qualified personnel necessary for the enforcement
of the standards. For this purpose qualified personnel means persons
employed on a merit basis, including all persons engaged in the
development of standards and the administration of the State plan.
Conformity with the Standards for a Merit System of Personnel
Administration, 45 CFR part 70, issued by the Secretary of Labor,
including any amendments thereto, and any standards prescribed by the
U.S. Civil Service Commission pursuant to section 208 of the
Intergovernmental Personnel Act of 1970 (Pub. L. 91-648; 84 Stat. 1915)
modifying or superseding such standards, will be deemed to meet this
requirement.
(i) Resources. The State plan shall contain satisfactory assurances
through the use of budget, organizational description, and any other
appropriate means that the State will devote adequate funds to the
administration and enforcement of the program. The Assistant Secretary
will make periodic evaluations of the adequacy of the State resources
devoted to the plan.
(j) Employer records and reports. The State plan shall provide
assurances that employers covered by the plan will maintain records and
make reports to the Assistant Secretary in the same manner and to the
same extent as if the plan were not in effect.
(k) State agency reports to the Assistant Secretary. The State plan
shall provide assurances that the designated agency or agencies shall
make such reasonable reports to the Assistant Secretary in such form and
containing such information as he may from time to time require. The
agency or agencies shall establish specific goals, consistent with the
goals of the Act, including measures of performance, output and results
which will determine the efficiency and effectiveness of the State
program, and shall make periodic reports to the Assistant Secretary on
the extent to which the State, in implementation of its plan, has
attained these goals. Reports will also include data and information on
the implementation of the specific inspection and voluntary compliance
activities included within the State plan. Further, these reports shall
contain such statistical information
[[Page 12]]
pertaining to work-related deaths, injuries, and illnesses in
employments and places of employment covered by the plan as the
Assistant Secretary may from time to time require.
(Approved by the Office of Management and Budget under control number
1218-0004)
[36 FR 20751, Oct. 29, 1971, as amended at 54 FR 24333, June 7, 1989; 80
FR 49901, Aug. 18, 2015]
Sec. 1902.4 Indices of effectiveness.
(a) General. In order to satisfy the requirements of effectiveness
under Sec. 1902.3 (c)(1) and (d)(1), the State plan shall:
(1) Establish the same standards, procedures, criteria and rules as
have been established by the Assistant Secretary under the Act, or;
(2) Establish alternative standards, procedures, criteria, and rules
which will be measured against each of the indices of effectiveness in
paragraphs (b) and (c) of this section to determine whether the
alternatives are at least as effective as the Federal program with
respect to the subject of each index. For each index the State must
demonstrate by the presentation of factual or other appropriate
information that its plan is or will be at least as effective as the
Federal program.
(b) Standards. (1) The indices for measurement of a State plan with
regard to standards follow in paragraph (b)(2) of this section. The
Assistant Secretary will determine whether the State plan satisfies the
requirements of effectiveness with regard to each index as provided in
paragraph (a) of this section.
(2) The Assistant Secretary will determine whether the State plan:
(i) Provides for State standards with respect to specific issues
which are or will be at least as effective as the standards promulgated
under section 6 of the Act relating to the same issues. In the case of
any State standards dealing with toxic materials or harmful physical
agents, they should adequately assure, to the extent feasible, that no
employee will suffer material impairment of health or functional
capacity even if such employee has regular exposure to the hazard dealt
with by such standard for the period of his working life, by such means
as, in the development and promulgation of standards, obtaining the best
available evidence through research, demonstrations, experiments, and
experience under this and other safety and health laws.
(ii) Provides an adequate method to assure that its standards will
continue to be at least as effective as Federal standards, including
Federal standards relating to issues covered by the plan, which become
effective subsequent to any approval of the plan.
(iii) Provides a procedure for the development and promulgation of
standards which allows for the consideration of pertinent factual
information and affords interested persons, including employees,
employers and the public, an opportunity to participate in such
processes, by such means as establishing procedures for consideration of
expert technical knowledge, and providing interested persons, including
employers, employees, recognized standards-producing organizations, and
the public an opportunity to submit information requesting the
development or promulgation of new standards or the modification or
revocation of existing standards and to participate in any hearings.
This index may also be satisfied by such means as the adoption of
Federal standards, in which case the procedures at the Federal level
before adoption of a standard under section 6 may be considered to meet
the conditions of this index.
(iv) Provides authority for the granting of variances from State
standards, upon application of an employer or employers which correspond
to variances authorized under the Act, and for consideration of the
views of interested parties, by such means as giving affected employees
notice of each application and an opportunity to request and participate
in hearings or other appropriate proceedings relating to applications
for variances.
(v) Provides for prompt and effective standards setting actions for
the protection of employees against new and unforseen hazards, by such
means as the authority to promulgate emergency temporary standards.
(vi) Provides that State standards contain appropriate provision for
the furnishing to employees of information
[[Page 13]]
regarding hazards in the workplace, including information about suitable
precautions, relevant symptoms, and emergency treatment in case of
exposure, by such means as labeling, posting, and, where appropriate,
medical examination at no cost to employees, with the results of such
examinations being furnished only to appropriate State officials and, if
the employee so requests, to his physician.
(vii) Provides that State standards, where appropriate, contain
specific provision for the protection of employees from exposure to
hazards, by such means as containing appropriate provision for use of
suitable protective equipment and for control or technological
procedures with respect to such hazards, including monitoring or
measuring such exposure.
(c) Enforcement. (1) The indices for measurement of a State plan
with regard to enforcement follow in paragraph (c)(2) of this section.
The Assistant Secretary will determine whether the State plan satisfies
the requirements of effectiveness with regard to each index as provided
in paragraph (a) of this section.
(2) The Assistant Secretary will determine whether the State plan:
(i) Provides for inspection of covered workplaces in the State,
including inspections in response to complaints, where there are
reasonable grounds to believe a hazard exists, in order to assure, so
far as possible, safe and healthful working conditions for covered
employees, by such means as providing for inspections under conditions
such as those provided in section 8 of the Act.
(ii) Provides an opportunity for employees and their
representatives, before, during, and after inspections, to bring
possible violations to the attention of the State agency with
enforcement responsibility in order to aid inspections, by such means as
affording a representative of the employer and a representative
authorized by employees an opportunity to accompany the State
representative during the physical inspection of the workplace, or where
there is no authorized representative, by providing for consultation by
the State representative with a reasonable number of employees.
(iii) Provides for the notification of employees, or their
representatives, when the State decides not to take compliance action as
a result of violations alleged by such employees or their
representatives and further provides for informal review of such
decisions, by such means as written notification of decisions not to
take compliance action and the reasons therefor, and procedures for
informal review of such decisions and written statements of the
disposition of such review.
(iv) Provides that employees be informed of their protections and
obligations under the Act, including the provisions of applicable
standards, by such means as the posting of notices or other appropriate
sources of information.
(v) Provides necessary and appropriate protection to an employee
against discharge or discrimination in terms and conditions of
employment because he has filed a complaint, testified, or otherwise
acted to exercise rights under the Act for himself or others, by such
means as providing for appropriate sanctions against the employer for
such actions and by providing for the withholding, upon request, of the
names of complainants from the employer.
(vi) Provides that employees have access to information on their
exposure to toxic materials or harmful physical agents and receive
prompt information when they have been or are being exposed to such
materials or agents in concentrations or at levels in excess of those
prescribed by the applicable safety and health standards, by such means
as the observation by employees of the monitoring or measuring of such
materials or agents, employee access to the records of such monitoring
or measuring, prompt notification by an employer to any employee who has
been or is being exposed to such agents or materials in excess of the
applicable standards, and information to such employee of corrective
action being taken.
(vii) Provides procedures for the prompt restraint or elimination of
any conditions or practices in covered places of employment which could
reasonably be expected to cause death or serious physical harm
immediately or
[[Page 14]]
before the imminence of such danger can be eliminated through the
enforcement procedures otherwise provided for in the plan, by such means
as immediately informing employees and employers of such hazards, taking
steps to obtain immediate abatement of the hazard by the employer, and
where appropriate, authority to initiate necessary legal proceedings to
require such abatement.
(viii) Provides adequate safeguards to protect trade secrets, by
such means as limiting access to such trade secrets to authorized State
officers or employees concerned with carrying out the plan and by
providing for the issuance of appropriate orders to protect the
confidentiality of trade secrets.
(ix) Provides that the State agency (or agencies) will have the
necessary legal authority for the enforcement of standards, by such
means as provisions for appropriate compulsory process to obtain
necessary evidence or testimony in connection with inspection and
enforcement proceedings.
(x) Provides for prompt notice to employers and employees when an
alleged violation of standards has occurred, including the proposed
abatement requirements, by such means as the issuance of a written
citation to the employer and posting of the citation at or near the site
of the violation; further provides for advising the employer of any
proposed sanctions, by such means as a notice to the employer by
certified mail within a reasonable time of any proposed sanctions.
(xi) Provides effective sanctions against employers who violate
State standards and orders, such as those prescribed in the Act.
(xii) Provides for an employer to have the right of review of
violations alleged by the State, abatement periods, and proposed
penalties and for employees or their representatives to have an
opportunity to participate in review proceedings, by such means as
providing for administrative or judicial review, with an opportunity for
a full hearing on the issues.
(xiii) Provides that the State will undertake programs to encourage
voluntary compliance by employers and employees by such means as
conducting training and consultation with employers and employees.
(d) State and local government employee programs. (1) Each approved
State plan must contain satisfactory assurances that the State will, to
the extent permitted by its law, establish and maintain an effective and
comprehensive occupational safety and health program applicable to all
employees of public agencies of the State and its political subdivisions
which program is as effective as the standards contained in an approved
plan.
(2) This criterion for approved State plans is interpreted to
require the following elements with regard to coverage, standards, and
enforcement:
(i) Coverage. The program must cover all public employees over which
the State has legislative authority under its constitution. The language
in section 18(c)(6) which only requires such coverage to the extent
permitted by the State's law specifically recognizes the situation where
local governments exclusively control their own employees, such as under
certain home rule charters.
(ii) Standards. The program must be as effective as the standards
contained in the approved plan applicable to private employers. Thus,
the same criteria and indices of standards effectiveness contained in
Sec. Sec. 1902.3(c) and 1902.4(a) and (b) would apply to the public
employee program. Where hazards are unique to public employment, all
appropriate indices of effectiveness, such as those dealing with
temporary emergency standards, development of standards, employee
information, variances, and protective equipment, would be applicable to
standards for such hazards.
(iii) Enforcement. Although section 18(c)(6) of the Act requires
State public employee programs to be as effective as standards contained
in the State plan, minimum enforcement elements are required to ensure
an effective and comprehensive public employee program as follows:
(A) Regular inspections of workplaces, including inspections in
response to valid employee complaints;
(B) A means for employees to bring possible violations to the
attention of inspectors;
[[Page 15]]
(C) Notification to employees, or their representatives, of
decisions that no violations are found as a result of complaints by such
employees or their representatives, and informal review of such
decisions;
(D) A means of informing employees of their protections and
obligations under the Act;
(E) Protection for employees against discharge of discrimination
because of the exercise of rights under the Act;
(F) Employee access to information on their exposure to toxic
materials or harmful physical agents and prompt notification to
employees when they have been or are being exposed to such materials or
agents at concentrations or levels above those specified by the
applicable standards;
(G) Procedures for the prompt restraint or elimination of imminent
danger situations;
(H) A means of promptly notifying employers and employees when an
alleged violation has occurred, including the proposed abatement
requirements;
(I) A means of establishing timetables for the correction of
violations;
(J) A program for encouraging voluntary compliance; and
(K) Such other additional enforcement provisions under State law as
may have been included in the State plan.
(3) In accordance with Sec. 1902.3(b)(3), the State agency or
agencies designated to administer the plan throughout the State must
retain overall responsibility for the entire plan. Political
subdivisions may have the responsibility and authority for the
development and enforcement of standards: Provided, that the designated
State agency or agencies have adequate authority by statute, regulation,
or agreement to insure that the commitments of the State under the plan
will be fulfilled.
(e) Additional indices. Upon his own motion or after consideration
of data, views and arguments received in any proceeding held under
subpart C of this part, the Assistant Secretary may prescribe additional
indices for any State plan which shall be in furtherance of the purpose
of this part, as expressed in Sec. 1902.1.
[36 FR 20751, Oct. 29, 1971, as amended at 80 FR 49901, Aug. 18, 2015]
Effective Date Note: At 81 FR 43452, July 1, 2016, Sec. 1902.4 was
amended by revising paragraph (c)(2)(xi), effective Aug. 1, 2016. For
the convenience of the user, the revised text is set forth as follows:
Sec. 1902.4 Indices of effectiveness.
* * * * *
(c) * * *
(2) * * *
(xi) Provides effective sanctions against employers who violate
State standards and orders, such as those set forth in the Act, and in
29 CFR 1903.15(d).
* * * * *
Sec. 1902.5 Intergovernmental Cooperation Act of 1968.
This part shall be construed in a manner consistent with the
Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4201-4233), and any
regulations pursuant thereto.
Sec. 1902.6 Consultation with the National Institute for Occupational
Safety and Health.
The Assistant Secretary will consult, as appropriate, with the
Director of the National Institute for Occupational Safety and Health
with regard to plans submitted by the States under this part.
Sec. 1902.7 Injury and illness recording and reporting requirements.
(a) Injury and illness recording and reporting requirements
promulgated by State-Plan States must be substantially identical to
those in 29 CFR part 1904 on recording and reporting occupational
injuries and illnesses. State-Plan States must promulgate recording and
reporting requirements that are the same as the Federal requirements for
determining which injuries and illnesses will be entered into the
records and how they are entered. All other injury and illness recording
and reporting requirements that are promulgated by State-Plan States may
be more stringent than, or supplemental to, the Federal requirements,
but, because of
[[Page 16]]
the unique nature of the national recordkeeping program, States must
consult with OSHA and obtain approval of such additional or more
stringent reporting and recording requirements to ensure that they will
not interfere with uniform reporting objectives. State-Plan States must
extend the scope of their regulation to State and local government
employers.
(b) A State may not grant a variance to the injury and illness
recording and reporting requirements for private sector employers. Such
variances may only be granted by Federal OSHA to assure nationally
consistent workplace injury and illness statistics. A State may only
grant a variance to the injury and illness recording and reporting
requirements for State or local government entities in that State after
obtaining approval from Federal OSHA.
(c) A State must recognize any variance issued by Federal OSHA.
(d) A State may, but is not required, to participate in the Annual
OSHA Injury/Illness Survey as authorized by 29 CFR 1904.41. A
participating State may either adopt requirements identical to Sec.
1904.41 in its recording and reporting regulation as an enforceable
State requirement, or may defer to the Federal regulation for
enforcement. Nothing in any State plan shall affect the duties of
employers to comply with Sec. 1904.41, when surveyed, as provided by
section 18(c)(7) of the Act.
[80 FR 49902, Aug. 18, 2015]
Effective Date Note: At 81 FR 29694, May 12, 2016, Sec. 1902.7 was
amended by revising paragraph (d), effective Jan. 1, 2017. For the
convenience of the user, the revised text is set forth as follows:
Sec. 1902.7 Injury and illness recording and reporting requirements.
* * * * *
(d) As provided in section 18(c)(7) of the Act, State Plan States
must adopt requirements identical to those in 29 CFR 1904.41 in their
recordkeeping and reporting regulations as enforceable State
requirements. The data collected by OSHA as authorized by Sec. 1904.41
will be made available to the State Plan States. Nothing in any State
plan shall affect the duties of employers to comply with Sec. 1904.41.
Sec. 1902.8 Variations and variances.
(a) The power of the Secretary of Labor under section 16 of the Act
to provide reasonable limitations and variations, tolerances, and
exemptions to and from any or all provisions of the Act as he may find
necessary and proper to avoid serious impairment of the national defense
is reserved.
(b) No action by a State under a plan shall be inconsistent with
action by the Secretary under this section of the Act.
(c) Where a State standard is identical to a Federal standard
addressed to the same hazard, an employer or group of employers seeking
a temporary or permanent variance from such standard, or portion
thereof, to be applicable to employment or places of employment in more
than one State, including at least one State with an approved plan, may
elect to apply to the Assistant Secretary for such variance under the
provisions of 29 CFR part 1905.
(d) Actions taken by the Assistant Secretary with respect to such
application for a variance, such as interim orders, with respect
thereto, the granting, denying, or issuing any modification or extension
thereof, will be deemed prospectively an authoritative interpretation of
the employer or employers' compliance obligations with regard to the
State standard, or portion thereof, identical to the Federal standard,
or portion thereof, affected by the action in the employment or places
of employment covered by the application.
(e) Nothing herein shall affect the option of an employer or
employers seeking a temporary or permanent variance with applicability
to employment or places of employment in more than one State to apply
for such variance either to the Assistant Secretary or the individual
State agencies involved. However, the filing with, as well as granting,
denial, modification, or revocation of a variance request or interim
order by, either authority (Federal or State) shall preclude any further
substantive consideration of such application on the same material facts
for the same employment or place of employment by the other authority.
[[Page 17]]
(f) Nothing herein shall affect either Federal or State authority
and obligations to cite for noncompliance with standards in employment
or places of employment where no interim order, variance, or
modification or extension thereof, granted under State or Federal law
applies, or to cite for noncompliance with such Federal or State
variance action.
[80 FR 49902, Aug. 18, 2015]
Sec. 1902.9 Requirements for approval of State posters.
(a)(1) In order to inform employees of their protections and
obligations under applicable State law, of the issues not covered by
State law, and of the continuing availability of Federal monitoring
under section 18(f) of the Act, States with approved plans shall develop
and require employers to post a State poster meeting the requirements
set out in paragraph (a)(5) of this section.
(2) Such poster shall be substituted for the Federal poster under
section 8(c)(1) of the Act and Sec. 1903.2 of this chapter where the
State attains operational status for the enforcement of State standards
as defined in Sec. 1954.3(b) of this chapter.
(3) Where a State has distributed its poster and has enabling
legislation as defined in Sec. 1954.3(b)(1) of this chapter but becomes
nonoperational under the provisions of Sec. 1954.3(f)(1) of this
chapter because of failure to be at least as effective as the Federal
program, the approved State poster may, at the discretion of the
Assistant Secretary, continue to be substituted for the Federal poster
in accordance with paragraph (a)(2) of this section.
(4) A State may, for good cause shown, request, under 29 CFR part
1953, approval of an alternative to a State poster for informing
employees of their protections and obligations under the State plans,
provided such alternative is consistent with the Act, Sec.
1902.4(c)(2)(iv) and applicable State law. In order to qualify as a
substitute for the Federal poster under this paragraph (a), such
alternative must be shown to be at least as effective as the Federal
poster requirements in informing employees of their protections and
obligations and address the items listed in paragraph (a)(5) of this
section.
(5) In developing the poster, the State shall address but not be
limited to the following items:
(i) Responsibilities of the State, employers and employees;
(ii) The right of employees or their representatives to request
workplace inspections;
(iii) The right of employees making such requests to remain
anonymous;
(iv) The right of employees to participate in inspections;
(v) Provisions for prompt notice to employers and employees when
alleged violations occur;
(vi) Protection for employees against discharge or discrimination
for the exercise of their rights under Federal and State law;
(vii) Sanctions;
(viii) A means of obtaining further information on State law and
standards and the address of the State agency;
(ix) The right to file complaints with the Occupational Safety and
Health Administration about State program administration;
(x) A list of the issues as defined in Sec. 1902.2(c) which will
not be covered by State plan;
(xi) The address of the Regional Office of the Occupational Safety
and Health Administration; and
(xii) Such additional employee protection provisions and obligations
under State law as may have been included in the approved State plan.
(b) Posting of the State poster shall be recognized as compliance
with the posting requirements in section 8(c)(1) of the Act and Sec.
1903.2 of this chapter, provided that the poster has been approved in
accordance with subpart B of part 1953 of this chapter. Continued
Federal recognition of the State poster is also subject to pertinent
findings of effectiveness with regard to the State program under 29 CFR
part 1954.
[80 FR 49902, Aug. 18, 2015]
[[Page 18]]
Subpart C_Procedures for Submission, Approval and Rejection of State
Plans
Sec. 1902.10 Submission.
(a) An authorized representative of the State agency or agencies
responsible for administering the plan shall submit one copy of the plan
to the appropriate Assistant Regional Director of the Occupational
Safety and Health Administration, U.S. Department of Labor. The State
plan shall include supporting papers conforming to the requirements
specified in the subpart B of this part, and the State occupational
safety and health standards to be included in the plan, including a copy
of any specific or enabling State laws and regulations relating to such
standards. If any of the representations concerning the requirements of
subpart B of this part are dependent upon any judicial or administrative
interpretations of the State standards or enforcement provisions, the
State shall furnish citations to any pertinent judicial decisions and
the text of any pertinent administrative decisions.
(b) Upon receipt of the State plan the Assistant Regional Director
shall make a preliminary examination of the plan. If his examination
reveals any defect in the plan, the Assistant Regional Director shall
offer assistance to the State agency and shall provide the agency an
opportunity to cure such defect. After his preliminary examination, and
after affording the State agency such opportunity to cure defects, the
Assistant Regional Director shall submit the plan to the Assistant
Secretary.
(c) Upon receipt of the plan from the Assistant Regional Director,
the Assistant Secretary shall examine the plan and supporting materials.
If the examination discloses no cause for rejecting the plan, the
Assistant Secretary shall follow the procedure prescribed in Sec.
1902.11. If the examination discloses cause for rejection of the plan,
the Assistant Secretary shall follow the procedure prescribed in Sec.
1902.17.
[36 FR 20751, Oct. 29, 1971, as amended at 80 FR 49903, Aug. 18, 2015]
Procedure for Proposed or Possible Approval of Plan
Sec. 1902.11 General notice.
(a) Upon receipt of a State plan submitted by an Assistant Regional
Director under Sec. 1902.10 whenever the Assistant Secretary proposes
to approve the plan, or to give notice that such approval is an issue
before him, he shall publish in the Federal Register a notice meeting
the requirements of the remaining paragraphs of this section. No later
than 5 days following the publication of the notice in the Federal
Register, the applying State agency shall publish, or cause to be
published, within the State reasonable notice containing the same
information.
(b) The notice shall indicate the submission of the plan and its
contents, and any proposals, subjects, or issues involved.
(c) The notice shall provide that the plan, or copies thereof, shall
be available for inspection and copying at the office of the Director,
Office of State Programs, Occupational Safety and Health Administration,
office of the Assistant Regional Director in whose region the State is
located, and an office of the State which shall be designated by the
State for this purpose.
(d) The notice shall afford interested persons an opportunity to
submit in writing, data, views, and arguments on the proposal, subjects,
or issues involved within 30 days after publication of the notice in the
Federal Register. Thereafter the written comments received or copies
thereof shall be available for public inspection and copying at the
office of the Director, Office of State Programs, Occupational Safety
and Health Administration, office of the Assistant Regional Director in
whose region the State is located, and an office of the State which
shall be designated by the State for this purpose.
(e) Upon his own initiative, the Assistant Secretary may give notice
of an informal or formal hearing affording an opportunity for oral
comments concerning the plan.
(f) In the event no notice of hearing is provided under paragraph
(e) of this
[[Page 19]]
section it shall be provided that any interested person may request an
informal hearing concerning the proposed plan, or any part thereof,
whenever particularized written objections thereto are filed within 30
days following publication of the notice in the Federal Register. If the
Assistant Secretary finds that substantial objections have been filed,
he shall afford a formal or informal hearing on the subjects and issues
involved under Sec. 1902.13 or Sec. 1902.14, or shall commence a
proceeding under Sec. 1902.17.
[36 FR 20751, Oct. 29, 1971, as amended at 80 FR 49903, Aug. 18, 2015]
Sec. 1902.12 Opportunity for modifications and clarifications.
The Assistant Secretary may afford the State an opportunity to
modify or clarify its plan on the basis of any comments received under
Sec. 1902.11 or Sec. 1902.13, before commencing a proceeding to reject
the plan. In this connection, the State may informally discuss any
issues raised by such comments with the staff of the Office of Federal
and State Operations. The Assistant Secretary may afford an additional
opportunity for public comment, particularly when such an opportunity
would not unduly delay final action on the plan and when the comments
could be expected to elicit new relevant matter.
[38 FR 12605, May 14, 1973]
Sec. 1902.13 Informal hearing.
Any informal hearing shall be legislative in type. The procedures
for informal hearings may take a variety of forms. The appropriateness
of any particular form will turn largely upon the proposals, subjects,
or issues involved. The rules of procedure for each hearing shall be
published with the notice thereof.
Sec. 1902.14 Formal hearing.
Any formal hearing provided for under Sec. 1902.11 (e) and (f)
shall be commenced upon the publication of reasonable notice in the
Federal Register and similar notice by the State. The hearing shall
conform with the requirements of 5 U.S.C. 556 and 557. The terms for
filing proposed findings and conclusions and exceptions to any tentative
decision, or objections to a tentative decision, shall be set forth in
the notice.
Sec. 1902.15 Certification of the record of a hearing.
Upon completion of any formal or informal hearing, the transcript
thereof, together with written submissions, exhibits filed during the
hearing, and any post-hearing presentations shall be certified by the
officer presiding at the hearing to the Assistant Secretary.
Sec. 1902.16 Partial approval of State plans.
(a) The Assistant Secretary may partially approve a plan under this
part whenever:
(1) The portion to be approved meets the requirements of this part;
(2) The plan covers more than one occupational safety and health
issue; and
(3) Portions of the plan to be approved are reasonably separable
from the remainder of the plan.
(b) Whenever the Assistant Secretary approves only a portion of a
State plan, he may give notice to the State of an opportunity to show
cause why a proceeding should not be commenced for disapproval of the
remainder of the plan under subpart C of this part before commencing
such a proceeding.
[80 FR 49903, Aug. 18, 2015]
Procedure for Proposed or Possible Rejection of Plan
Sec. 1902.17 The proceeding.
Whenever as a result of (a) an initial examination of a plan, or (b)
written or oral comments concerning a plan submitted in an informal
rulemaking proceeding concerning a proposed approval of a plan or any
subject or issue concerning the plan, the Assistant Secretary proposes
to reject a plan or rejection remains in issue for any reason, he shall
follow the procedures prescribed in the remaining sections of this
subpart.
Sec. 1902.18 Previous hearing or other opportunity for comment
on plan.
(a) Whenever an informal hearing has been held under Sec. Sec.
1902.11 and 1902.13,
[[Page 20]]
any evidence submitted in such a hearing shall be considered and may be
relied upon whenever it is found that no party will be prejudiced
thereby because
(1) Of a lack of an opportunity for cross-examination afforded in
the informal hearing on the issues involved, or
(2) The veracity and demeanor of witnesses are not important with
respect to the type of evidence involved (e.g., extensive technical or
statistical data), or
(3) For any other reason.
(b) Any written comments received in response to a notice issued
under Sec. 1902.11 shall be a part of the record of the proceeding.
(c) Whenever a formal hearing has been held under Sec. 1902.14 the
Assistant Secretary shall hold no additional hearing, and shall proceed
to issue a tentative decision under Sec. 1902.21.
Sec. 1902.19 Notice of hearing.
(a) Whenever the Assistant Secretary has issued no previous notice
concerning the plan, or only informal rule making proceedings have been
conducted concerning the plan, the Assistant Secretary shall publish in
the Federal Register an appropriate notice concerning the plan and
provide an opportunity for formal hearing and decision on the possible
rejection of the plan and on any subsidiary issues. The notice also
shall set forth such rules as may be necessary so as to assure
compliance with 5 U.S.C. 556 and 557 in the conduct of the proceeding.
The time for filing proposed findings and conclusions and exceptions to
any tentative decision shall be set forth in the notice.
(b) Not later than 5 days following the publication of the notice in
the Federal Register, required by paragraph (a) of this section, the
applying State agency shall publish, or cause to be published, within
the State reasonable notice containing the same information.
Decisions
Sec. 1902.20 Decision following informal proceeding.
(a) This section deals with a situation where the Assistant
Secretary has
(1) Afforded interested persons an opportunity to submit written
data, views, or arguments concerning a proposal, subject, or issue
concerning a plan; or
(2) Has in addition provided an informal hearing concerning a
proposal, subject, or issue concerning a plan.
(b)(1)(i) After consideration of all relevant information which has
been presented, if the Assistant Secretary approves a plan he shall
issue a decision to that effect.
(ii) In the event the plan is approved under Sec. 1902.2(b), the
decision shall state that the plan does not fully meet the criteria set
forth in Sec. 1902.3, and shall summarize the schedule and any other
measures for bringing the plan up to the level of such criteria.
(iii) The decision shall also reflect the Assistant Secretary's
intention as to continued Federal enforcement of Federal standards in
areas covered by the plan. Provisions for continued Federal enforcement
shall take into consideration:
(a) Whether the plan is approved under Sec. 1902.2(a) or Sec.
1902.2(b);
(b) The schedule for coming up to Federal standards in any Sec.
1902.2(b) plan; and
(c) Any other relevant matters.
(2) After consideration of all relevant information contained in any
written or oral comments received in any informal proceeding, if the
Assistant Secretary proposes to disapprove a plan, or the disposition of
a subject or issue permits the possible disapproval of a plan, he shall
publish a notice to that effect, and commence a proceeding meeting the
requirements of Sec. 1902.19.
Sec. 1902.21 Tentative decision following formal proceeding.
(a) On the basis of the whole record of any hearing held under Sec.
1902.14 or Sec. 1902.19, the Assistant Secretary shall issue a
tentative decision either approving or disapproving the plan. The
tentative decision shall include a
[[Page 21]]
statement of the findings and conclusions and reasons or bases therefor
on all material issues of fact, law, or discretion which have been
presented. The tentative decision shall be published in the Federal
Register.
(b) The State agency and other interested persons participating in
the hearing may waive the tentative decision. In such event the
Assistant Secretary shall issue a final decision under Sec. 1902.22.
Sec. 1902.22 Final decision following formal proceeding.
(a) Except when interested persons participating in the hearing have
waived the tentative decision under Sec. 1902.21(b) interested persons
participating in the hearing shall have an opportunity to file
exceptions to a tentative decision and objections to such exceptions
within periods of time to be specified in the tentative decision. An
original and four copies of any exception or objections shall be filed.
(b)(1) Thereafter the Assistant Secretary shall issue a final
decision ruling upon each exception and objection filed. The final
decision shall be published in the Federal Register.
(2) Any final decision approving a plan shall contain the provisions
prescribed in Sec. 1902.20(b)(1)(iii) concerning Federal enforcement in
areas covered by the plan.
Sec. 1902.23 Publication of decisions.
All decisions approving or disapproving a plan shall be published in
the Federal Register.
Subpart D_Procedures for Determinations Under section 18(e) of the Act
Source: 40 FR 54782, Nov. 26, 1975, unless otherwise noted.
General
Sec. 1902.30 Purpose and scope.
This subpart contains procedures and criteria under which the
Assistant Secretary of Labor for Occupational Safety and Health
(hereinafter referred to as the Assistant Secretary) under a delegation
of authority from the Secretary of Labor (Secretary's Order 12-71, 36 FR
8754) will make his determination on whether to grant final approval to
State plans in accordance with the provisions of section 18(e) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 667) (hereinafter
referred to as the Act).
Sec. 1902.31 Definitions.
As used in this subpart, unless the context clearly indicates
otherwise:
Act means the Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.)
Affirmative 18(e) determination means an affirmative determination
under section 18(e) of the Act that the State plan or any modification
thereof, is in actual operation meeting the criteria and indices of
section 18(c) of the Act and subpart B of this part so as to warrant the
withdrawal of the application of discretionary Federal enforcement and
standards authority from issues covered by the plan, or by any
modification thereof.
Assistant Regional Director means the Assistant Regional Director
for Occupational Safety and Health for the region in which a State is
located.
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health.
Commencement of a case under section 18(e) of the Act means, for the
purpose of retaining Federal jurisdiction despite an affirmative 18(e)
determination, the issuance of a citation, and in the case of an
imminent danger, the initiation of enforcement proceedings under section
13 of the Act.
Commencement of plan operations means the beginning of operations
under a plan following the approval of the plan by the Assistant
Secretary and in no case may be later than the effective date of the
initial funding grant provided under section 23(g) of the Act.
Development step includes, but is not limited to, those items listed
in the published developmental schedule, or any revisions thereof, for
each plan. A developmental step also includes those items specified in
the plan as approved under section 18(c) of the Act for completion by
the State, as well as those items which under the approval decision were
subject to evaluations and
[[Page 22]]
changes deemed necessary as a result thereof to make the State program
at least as effective as the Federal program within the 3 years
developmental period. (See 29 CFR 1953.4(a)).
Initial approval means approval of a State plan, or any modification
thereof, under section 18(c) of the Act and subpart C of this part.
Person means any individual, partnership, association, corporation,
business trust, legal representative, organized group of individuals, or
any agency, authority or instrumentality of the United States or of a
State.
Separable portion of a plan for purposes of an 18(e) determination
generally means more than one industrial, occupational or hazard
grouping as defined in Sec. 1902.2(c)(1) which is administratively
practicable and reasonably separable from the remainder of the plan.
(See 29 CFR 1952.6(a).)
[40 FR 54782, Nov. 26, 1975, as amended at 67 FR 60128, Sept. 25, 2002;
80 FR 49903, Aug. 18, 2015]
Sec. 1902.32 General policies.
(a) Sections 18 (e) and (f) of the Act provide for the continuing
evaluation and monitoring of State plans approved under section 18(c) of
the Act. The Assistant Secretary's decision whether to grant an
affirmative 18(e) determination will be based, in part, on the results
of these evaluations. Section 18(e) provides that a period of not less
than 3 years shall have passed before the Assistant Secretary may make a
determination that the State program in actual operations is applying
the criteria of section 18(c) of the Act. In the case of a developmental
plan, Sec. 1902.2(b) of this part requires that the Assistant Secretary
must have at least one year in which to evaluate the plan's actual
operations following the completion of all developmental steps specified
in the plan. Thus, to be considered for an 18(e) determination, at least
three years shall have passed following commencement of operations after
the initial approval of a State's occupational safety and health plan by
the Assistant Secretary. In the case of a developmental plan, at least
one year shall have passed following the completion of all developmental
steps, but, in any event, at least three years must have passed
following initial approval of the plan before discretionary Federal
enforcement authority and standards may be withdrawn from issues covered
by an approved plan.
(b) In making an 18(e) determination, the Assistant Secretary will
determine if actual operations under a State's plan, or under a
separable portion of the plan, indicate that the State is applying the
criteria of section 18(c) of the Act and the indices of effectiveness of
subpart B of this part in a manner which renders operations under the
plan ``at least as effective as'' operations under the Federal program
in providing safe and healthful employment and places of employment
within the State. In making this determination, the Assistant Secretary
may consider such information which he deems appropriate for an informed
decision.
(c) If the Assistant Secretary makes an affirmative 18(e)
determination, the Federal enforcement provisions of sections 5(a) (2),
8 (except for the purposes of continuing evaluations under section 18(f)
of the Act), 9, 10, 13 and 17 and standards promulgated under section 6
of the Act shall not apply with respect to those occupational safety and
health issues covered under the plan which have been given an
affirmative 18(e) determination. However, the Assistant Secretary may
retain jurisdiction over proceedings commenced under sections 9, 10 and
13 of the Act before the date of his determination. In addition, the
Assistant Secretary shall retain his jurisdiction under the anti-
discrimination provisions of section 11(c) of the Act.
(d) If the Assistant Secretary determines that a State plan, or any
portion thereof, has not met the criteria for an 18(e) determination, he
shall retain his authority under the enforcement provisions of sections
5(a) (2), 8, 9, 10, 13, and 17 and his standards authority under section
6 of the Act in the issues found ineligible for an 18(e) determination.
In addition, his decision may result in the commencement of proceedings
for withdrawal of approval of the plan, or any separable portion
thereof, under 29 CFR part 1955.
(e) Once a State's plan, or any modification thereof, has been given
an affirmative 18(e) determination, the
[[Page 23]]
State is required to maintain a program which will meet the requirements
of section 18 (c) and will continue to be ``at least as effective as''
the Federal program operations in the issues covered by the
determination. As the Federal program changes and thereby becomes more
effective, the State is correspondingly required to adjust its program
at a level which would provide a program for workplace safety and health
which would be ``at least as effective as'' the improvements in the
Federal program. A failure to comply with this requirement may result in
the revocation of the affirmative 18(e) determination and the resumption
of Federal enforcement and standards authority and/or in the
commencement of proceedings for the withdrawal of approval of the plan,
or any portion thereof, pursuant to 29 CFR part 1955.
(f) The Assistant Secretary may reconsider and, if necessary,
rescind or revoke all or a separable portion of an affirmative 18(e)
determination and reinstate concurrent Federal enforcement authority if
he finds that a State does not maintain its commitment to provide a
program for employee safety and health protection meeting the
requirements of section 18(c) of the Act. This authority is designed to
be used in instances where operations under a State program are found to
be less effective than under the Federal program because of unusual
circumstances which are temporary in nature. The Assistant Secretary may
also use this procedure to reinstate Federal enforcement authority in
conjunction with plan withdrawal proceedings in order to ensure that
there is no serious gap in his commitment to assure safe and healthful
working conditions so far as possible for every employee.
Completion of Developmental Steps--Certification
Sec. 1902.33 Developmental period.
Upon the commencement of plan operations after the initial approval
of a State's plan by the Assistant Secretary, a State has three years in
which to complete all of the developmental steps specified in the plan
as approved. Section 1953.4 of this chapter sets forth the procedures
for the submission and consideration of developmental changes by OSHA.
Generally, whenever a State completes a developmental step, it must
submit the resulting plan change as a supplement to its plan to OSHA for
approval. OSHA's approval of such changes is then published in the
Federal Register.
[80 FR 49904, Aug. 18, 2015]
Sec. 1902.34 Certification of completion of developmental steps.
(a) Upon the completion of all of the developmental steps in a
State's plan, which is to be accomplished not later than three years
following commencement of plan operations after approval of the plan by
the Assistant Secretary under section 18(c), the Assistant Regional
Director shall certify, as provided in paragraph (b) of this section,
that all developmental steps in the plan have been met and that the
State's program is to be evaluated on the basis of its eligibility for
an 18(e) determination after at least one year of evaluations of the
plan.
(b) Upon determining that a State has completed all of its
developmental steps, the Assistant Regional Director shall prepare a
certification which he shall promptly forward to the Assistant
Secretary. The certification shall include, but shall not be limited to,
the following;
(1) A list of all developmental steps or revisions thereof, plan
amendments or changes which result in the completion of the steps or
revisions thereof, and the dates the Assistant Secretary's or the
Assistant Regional Director's approval of each change was published in
the Federal Register;
(2) Substantive changes, if any, in the State program which were
approved by the Assistant Secretary and their dates of publication in
the Federal Register;
(3) Documentation that the legal basis for the applicable State
merit system has been approved by the U.S. Civil Service Commission and
that the actual operations of the State merit system has been found
acceptable by the Occupational Safety and Health Administration with the
advice of the U.S. Civil Service Commission; and
(4) A description of the issues which are covered by the State plan.
Where
[[Page 24]]
applicable, the certification shall include a description of those
separable portions of the plan which have been certified for 18(e)
evaluation purposes as well as those portions of the plan which were not
certified by the Assistant Regional Director.
(c) After a review of the certification and the State's plan, if the
Assistant Secretary finds that the State has completed all the
developmental steps specified in the plan, he shall publish the
certification in the Federal Register.
[40 FR 54782, Nov. 26, 1975, as amended at 80 FR 49904, Aug. 18, 2015]
Sec. 1902.35 Effect of certification.
Publication of the certification acknowledging the completion of all
of the developmental steps in a State's plan will automatically initiate
the evaluation of a State's plan for the purposes of an 18(e)
determination. Evaluation for the purposes of an 18(e) determination
will continue for at least one year after the publication of the
certification in the Federal Register. Federal enforcement authority
under sections 5(a)(2), 8, 9, 10, 11(c), 13, and 17 of the Act and
Federal standards authority under section 6 of the Act will not be
relinquished during the evaluation period. Evaluation conducted for
18(e) determination purposes will be based on the criteria set forth in
Sec. Sec. 1902.37 and 1902.38.
Basis for 18(e) Determinations
Sec. 1902.36 General provisions.
(a) In making his evaluation of the actual operations of a State's
plan for the purposes of an 18(e) determination, the Assistant Secretary
shall consider all relevant data which will aid him in making an
effective determination. In his evaluation he shall consider whether the
requirements of section 18(c) of the Act and the criteria for State
plans outlined in subpart B of this part as well as those in Sec.
1902.37 are being applied in actual operations for a reasonable period
of time in a manner which warrants the termination of concurrent Federal
enforcement authority and standards in issues covered under the plan.
(b) The Assistant Secretary's evaluation for an 18(e) determination
will be addressed to consideration of whether the criteria and indices
in Sec. 1902.37(a) are being applied by the State in such a manner as
to render its program in operation at least as effective as operations
under the Federal program. In considering the question of such
application, the Assistant Secretary shall also consider the factors
provided under Sec. 1902.37(b). The Assistant Secretary's evaluation
may include such other information on the application of the criteria
and indices in Sec. 1902.37 such as information developed from comments
received from the public and the results of any hearings which may have
been held under Sec. 1902.40 concerning the proposed 18(e)
determination.
Sec. 1902.37 Factors for determination.
(a) The Assistant Secretary shall determine if the State has applied
and implemented all the specific criteria and indices of effectiveness
of Sec. Sec. 1902.3 and 1902.4 of this part.
(b) In determining whether a State has applied the criteria and
indices of effectiveness in paragraph (a) of this section in actual
operations, the Assistant Secretary will, among other things related to
the application of the criteria and indices, consider whether:
(1) The State has a sufficient number of adequately trained and
competent personnel to discharge its responsibilities under the plan.
(2) The State has adhered to the procedures which it has adopted and
which have been approved either under the State plan or in State plan
changes or under any other procedures for approval authorized by the
Assistant Secretary.
(3) The State has timely adopted all Federal standards, and
amendments thereto, for issues covered under the plan or has timely
developed and promulgated standards which are at least as effective as
the comparable Federal standards and amendments thereto.
(4) If the State has adopted Federal standards, the State's
interpretation and application of such standards have been consistent
with the applicable Federal interpretation and application. Where the
State has developed and promulgated its own standards, such
[[Page 25]]
standards have been interpreted and applied in a manner which is at
least as effective as the interpretation and application of comparable
Federal standards. This requirement acknowledges that State standards
may have been approved by the Assistant Regional Director, but
emphasizes the requirement that the standards are to be at least as
effective as the comparable Federal standards in actual operations.
(5) If any State standard, whether it is an adopted Federal standard
or a standard developed by a State, has been subject to administrative
or judicial challenge, the State has taken the necessary administrative,
judicial or legislative action to correct any deficiencies in its
program resulting from such challenge.
(6) In granting permanent variances from a standard the State has
assured that the employer provides conditions of employment which are as
safe and healthful as those which would prevail if he complied with the
standard.
(7) In granting temporary variances from a standard, the State has
ensured that the recipient of the variance has come into compliance with
the standard as early as possible.
(8) The State inspection program is being implemented in a manner
which allows a sufficient allocation of resources to be directed toward
target industries and target health hazards as designated by the State
while providing adequate attention to all other workplaces covered under
the plan, or any modification thereof.
(9) The State exercises the authority through appropriate means, to
enforce its right of entry and inspection wherever such right of entry
or inspection is refused.
(10) Inspections of workplaces are conducted by State inspectors in
a competent manner, following approved enforcement procedures. This
includes a requirement that the inspectors obtain adequate information
to support any citations which may be issued.
(11) The State issues citations, proposed penalties and notices for
failure to abate in a timely manner.
(12) The State proposes penalties in a manner at least as effective
as under the Federal program, including the proposing of penalties for
first instance violations and the consideration of factors comparable to
those required to be considered under the Federal program.
(13) The State ensures the abatement of hazards for which a citation
has been issued, including the issuance of notices of failure to abate
and appropriate penalties.
(14) Wherever appropriate, the State agency has sought
administrative and judicial review of adverse adjudications. This factor
also addresses whether the State has taken the appropriate and necessary
administrative, legislative or judicial action to correct any
deficiencies in its enforcement program resulting from an adverse
administrative or judicial determination.
(15) Insofar as it is available, analysis of the annual occupational
safety and health survey by the Bureau of Labor Statistics, as well as
of other available Federal and State measurements of program impact on
worker safety and health, which analysis also takes into consideration
various local factors, indicates that trends in worker safety and health
injury and illness rates under the State program compare favorably to
those under the Federal program.
[40 FR 54782, Nov. 26, 1975; 40 FR 58143, Dec. 15, 1975]
Procedures for 18(e) Determination
Sec. 1902.38 Evaluation of plan following certification.
(a) Following the publication in the Federal Register under Sec.
1902.34 of the certification acknowledging the completion of all
developmental steps specified in the plan, or any portion thereof, the
Assistant Secretary will evaluate and monitor the actual operations
under the State plan for at least 1 year before determining whether the
State is eligible for an 18(e) determination. The evaluation will assess
the actual operation of the State's fully implemented program in
accordance with the criteria in Sec. 1902.37 and take into account any
information available to the Assistant Secretary affecting the State's
program.
(b) The Assistant Regional Director shall prepare a semi-annual
report of his evaluation of the actual operations under the State plan
or any portion
[[Page 26]]
thereof in narrative form. The Assistant Regional Director's evaluation
report will be transmitted to the Assistant Secretary who will then
transmit the report to the State. The State shall be afforded an
opportunity to respond to each evaluation report.
[40 FR 54782, Nov. 26, 1975, as amended at 42 FR 58746, Nov. 11, 1977]
Sec. 1902.39 Completion of evaluation.
(a) After evaluating the actual operations of the State plan, or any
portion thereof, for at least 1 year following publication of the
certification in the Federal Register under Sec. 1902.34, the Assistant
Secretary shall notify the State whenever he determines that the State
will be eligible for an 18(e) determination. In addition, a State may
request an 18(e) determination following the evaluation period noted
above. In no case shall this determination of eligibility be later than
2 years following the publication of the certification of the completion
of developmental steps in the Federal Register under Sec. 1902.34. In
the case of a plan which was not developmental, the determination of
eligibility shall not be sooner than 3 years following the date of
commencement of operations under the plan.
(b) After it has been determined that a State will be eligible for
an 18(e) determination, the Assistant Regional Director shall prepare a
final report of his evaluation of the actual operations under a State's
plan or portion thereof which may be subject to the 18(e) determination.
The Assistant Regional Director's report shall be transmitted to the
Assistant Secretary. The Assistant Secretary shall transmit such report
to the State and the State shall have an opportunity to respond to the
report.
(c) Whenever it has been determined that a State's plan, or
separable portion thereof, is eligible for an 18(e) determination, the
Assistant Secretary shall publish a notice in the Federal Register. The
notice shall meet the requirements of the remaining paragraphs of this
section. No later than 10 days following the publication of the notice
in the Federal Register, the affected State agency shall publish, or
cause to be published, within the State, reasonable notice containing
the same information.
(d) The notice shall indicate that the plan, or any separable
portion thereof, is in issue before the Assistant Secretary for a
determination as to whether the criteria in section 18(c) of the Act are
being applied in actual operation, and indicate the particular
substantive issues, if any, for consideration in making such
determination. Where a portion of a plan is in issue for such a
determination, the notice shall specify such portions of the plan as
well as those portions of the plan which are not in issue for the
determination.
(e) The notice shall afford interested persons an opportunity to
submit in writing, data, views, and arguments on the proposed 18(e)
determination, and the affected State an opportunity to respond to such
submissions.
(f) The notice shall also state that any interested person or the
affected State may request an informal hearing concerning the proposed
18(e) determination whenever particularized written objections thereto
are filed within 35 days following publication of the notice in the
Federal Register.
(g) If the Assistant Secretary finds that substantial objections are
filed which relate to the proposed 18(e) determination, the Assistant
Secretary shall, and in any other case may, publish a notice of informal
hearing in the Federal Register not later than 30 days after the last
day for filing written views or comments. The notice shall include:
(1) A statement of the time, place and nature of the proceeding;
(2) A specification of the substantial issues which have been raised
and on which an informal hearing has been requested;
(3) 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;
(4) The designation of a presiding officer to conduct the hearing;
and
(5) Any other appropriate provisions with regard to the proceeding.
(h) Not later than 10 days following the publication of the notice
in the
[[Page 27]]
Federal Register, required by paragraph (g) of this section, the
affected agency shall publish, or cause to be published, within the
State reasonable notice containing the same information.
Effective Date Note: At 43 FR 11196, Mar. 17, 1978, Sec. 1902.39(a)
was suspended indefinitely, effective Jan. 20, 1978.
Sec. 1902.40 Informal hearing.
(a) Any hearing conducted under this section shall be legislative in
type. However, fairness may require an opportunity for cross-examination
on pertinent issues. The presiding officer is empowered to permit cross-
examination under such circumstances. The essential intent is to provide
an opportunity for participation and comment by interested persons which
can be carried out expeditiously and without rigid procedures which
might unduly impede or protract the 18(e) determination process.
(b) Although the hearing shall be informal and legislative in type,
this section is intended to provide more than the bare essentials of
informal proceedings 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 pertinent 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.
(c) The officer presiding at a hearing shall have all the power
necessary or appropriate to conduct a fair and full hearing, including
the powers:
(1) To regulate the course of the proceedings;
(2) To dispose of procedural requests, objections, and comparable
matters;
(3) To confine the presentation to the issues specified in the
notice of hearing, or, where appropriate, to matters pertinent to the
issue before the Assistant Secretary;
(4) To regulate the conduct of those present at the hearing by
appropriate means;
(5) To take official notice of material facts not appearing in the
evidence in the record, as long as the parties are afforded an
opportunity to show evidence to the contrary;
(6) In his discretion, to keep the record open for a reasonable and
specified time to receive additional written recommendations with
supporting reasons and any additional data, views, and arguments from
any person who has participated in the oral proceeding.
(d) Upon the completion of the oral presentations, the transcripts
thereof, together with written submissions on the proceedings, 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. 1902.41 Decision.
(a) Within a reasonable time generally within 120 days after the
expiration of the period provided for the submission of written data,
views, and arguments on the issues on which no hearing is held, or
within a reasonable time, generally not to exceed 120 days after the
certification of the record of a hearing, the Assistant Secretary shall
publish his decision in the Federal Register. His decision shall state
whether or not an affirmative 18(e) determination has been made for the
State plan or any separable portion thereof, or whether he intends to
withdraw approval of the plan or any portion thereof pursuant to part
1955 of this chapter. The action of the Assistant Secretary shall be
taken after consideration of all information, including his evaluations
of the actual operations of the plan, and information presented in
written submissions and in any hearings held under this subpart.
(b) Any decision under this section shall incorporate a concise
statement of its grounds and purpose and shall respond to any
substantial issues which may have been raised in written submissions or
at the hearing.
(c) All decisions concerning the Assistant Secretary's determination
under section 18(e) of the Act shall be published in the Federal
Register.
[40 FR 54782, Nov. 26, 1975, as amended at 80 FR 49904, Aug. 18, 2015]
[[Page 28]]
Sec. 1902.42 Effect of affirmative 18(e) determination.
(a) In making an affirmative 18(e) determination, the Assistant
Secretary determines that a State has applied the provisions of its
plan, or any modification thereof, in accordance with the criteria of
section 18(c) of the Act and that the State has applied the provisions
of this part in a manner which renders the actual operations of the
State program ``at least as effective as'' operations under the Federal
program.
(b) In the case of an affirmative 18(e) determination of a separable
portion(s) of a plan, the Assistant Secretary determines that the State
has applied the separable portion(s) of the plan in accordance with the
criteria of section 18(c) of the Act in a manner comparable to Federal
operations covering such portions and that the criteria of this part are
being applied in a manner which renders the actual operations of such
separable portion(s) of the State program ``at least as effective as''
operations of such portions under the Federal program.
(c) Upon making an affirmative 18(e) determination, the standards
promulgated under section 6 of the Act and the enforcement provisions of
section 5(a)(2), 8 (except for the purpose of continuing evaluations
under section 18(f) of the Act), 9, 10, 13 and 17 of the Act shall not
apply with respect to those occupational safety and health issues
covered under the plan for which an affirmative 18(e) determination has
been granted. The Assistant Secretary shall retain his authority under
the above sections for those issues covered in the plan which have not
been granted an affirmative 18(e) determination.
(d) The Assistant Secretary will retain jurisdiction under the
citation and contest provisions of sections 9 and 10 of the Act and the
imminent-danger provisions of section 13 where such proceedings have
been commenced prior to the date of his determination.
Sec. 1902.43 Affirmative 18(e) decision.
(a) In publishing his affirmative 18(e) decision in the Federal
Register the Assistant Secretary's notice shall include, but shall not
be limited to the following:
(1) Those issues under the plan over which the Assistant Secretary
is withdrawing his standards and enforcement authority;
(2) A statement that the Assistant Secretary retains his authority
under section 11(c) of the Act with regard to complaints alleging
discrimination against employees because of the exercise of any right
afforded to the employee by the Act;
(3) An amendment to the appropriate section of part 1952 of this
chapter;
(4) A statement that the Assistant Secretary is not precluded from
revoking his determination and reinstating his standards and enforcement
authority under Sec. 1902.47 et seq., if his continuing evaluations
under section 18(f) of the Act show that the State has substantially
failed to maintain a program which is at least as effective as
operations under the Federal program, or if the State does not submit
program change supplements to its plan to the Assistant Secretary as
required by 29 CFR part 1953.
[40 FR 54782, Nov. 26, 1975, as amended at 80 FR 49904, Aug. 18, 2015]
Sec. 1902.44 Requirements applicable to State plans granted
affirmative 18(e) determinations.
(a) A State whose plan, or modification thereof, has been granted an
affirmative 18(e) determination will be required to maintain a program
within the scope of such determination which will be ``at least as
effective as'' operations under the Federal program in providing
employee safety and health protection at covered workplaces within the
comparable scope of the Federal program. This requirement includes
submitting all required reports to the Assistant Secretary, as well as
submitting supplements to the Assistant Secretary for his approval
whenever there is a change in the State's program, whenever the results
of evaluations conducted under section 18(f) show that some portion of a
State plan has an adverse impact on the operations of the State plan or
whenever the Assistant Secretary determines that any alteration in the
Federal program could have an adverse impact on the ``at least as
effective as'' status of the
[[Page 29]]
State program. See part 1953 of this chapter.
(b) A substantial failure to comply with the requirements of this
section may result in the revocation of the affirmative 18(e)
determination and the resumption of Federal enforcement authority, and
may also result in proceedings for the withdrawal of approval of the
plan or any portion thereof pursuant to part 1955 of this chapter.
Sec. 1902.45 [Reserved]
Sec. 1902.46 Negative 18(e) determination.
(a) This section sets out the procedures which shall be followed
whenever the Assistant Secretary determines that a State's plan, or any
separate portion thereof, has not met the criteria for an affirmative
18(e) determination.
(b) If the Assistant Secretary determines that a State plan, or a
separable portion thereof, has not met the criteria of section 18(c) of
the Act and that actual operations under the plan, or portion thereof,
have not met the criteria for an affirmative determination set forth in
Sec. 1902.37, he shall retain his standards authority under section 6
of the Act and his enforcement authority under sections 5(a)(2), 8, 9,
10, 13, and 17 of the Act for those issues covered under the plan or
such portions of the plan which were subject to his negative
determination.
(c) A decision under this section may result in the commencement of
proceedings for withdrawal of approval of the plan or any separable
portion thereof pursuant to part 1955 of this chapter.
(d) Where the Assistant Secretary determines that operations under a
State plan or any separable portion thereof have not met the criteria
for an affirmative 18(e) determination, but are not of such a nature as
to warrant the initiation of withdrawal proceedings, the Assistant
Secretary may, at his discretion, afford the State a reasonable time to
meet the criteria for an affirmative 18(e) determination after which
time he may initiate proceedings for withdrawal of plan approval. This
discretionary authority will be applied in the following manner:
(1) Upon determining that a State shall be subject to a final 18(e)
determination, the Assistant Secretary shall notify the agency
designated by the State to administer its program, within the State of
his decision that the State's program, or a separable portion thereof,
shall be subject to a final 18(e) determination. The Assistant Secretary
shall give the State a reasonable time, generally not less than 1 year,
in which to meet the criteria for an affirmative 18(e) determination.
(2) The Assistant Secretary shall also publish a notice in the
Federal Register outlining his reasons for not making an affirmative
18(e) determination at the time. The notice will also set forth the
reasonable time the State was granted to meet the criteria for an
affirmative 18(e) determination and set forth such conditions as the
Assistant Secretary deems proper for the continuation of the State's
plan or such portions subject to this action.
(3) The State shall be afforded an opportunity to agree to the
conditions of the Assistant Secretary's decision.
(4) Upon the expiration of the time granted to a State to meet the
criteria for an affirmative 18(e) determination under paragraph (d)(2)
of this section, the Assistant Secretary may initiate proceedings to
determine whether a State shall be granted an affirmative 18(e)
determination. The procedures outlined in this subpart shall be
applicable to any proceedings initiated under this paragraph.
Procedure for Reconsideration and Revocation of an Affirmative 18(e)
Determination
Sec. 1902.47 Reconsideration of an affirmative 18(e) determination.
(a) The Assistant Secretary may at any time reconsider on his own
initiative or on petition of an interested person his decision granting
an affirmative 18(e) determination.
(b) Such reconsideration shall be based on results of his continuing
evaluation of a State plan after it has been granted an affirmative
18(e) determination.
[[Page 30]]
Sec. 1902.48 The proceeding.
Whenever, as a result of his reconsideration, the Assistant
Secretary proposes to revoke his affirmative 18(e) determination, he
shall follow the procedures in the remaining sections of this subpart.
Sec. 1902.49 General notice.
(a) Whenever the Assistant Secretary proposes to revoke an
affirmative 18(e) determination, he shall publish a notice in the
Federal Register meeting the requirements of the remaining paragraphs of
this section. No later than 10 days following the publication of the
notice in the Federal Register, the affected State agency shall publish,
or cause to be published, reasonable notice within the State containing
the same information.
(b) The notice shall indicate the reasons for the proposed action.
(c) The notice shall afford interested persons including the
affected State, an opportunity to submit in writing, data, views, and
arguments on the proposal within 35 days after publication of the notice
in the Federal Register. The notice shall also provide that any
interested person may request an informal hearing concerning the
proposed revocation whenever particularized written objections thereto
are filed within 35 days following publication of the notice in the
Federal Register. If the Assistant Secretary finds that substantial
objections have been filed, he shall afford an informal hearing on the
proposed revocation under Sec. 1902.50.
(d) The Assistant Secretary may, upon his own initiative, give
notice of an informal hearing affording an opportunity for oral comments
concerning the proposed revocation.
Sec. 1902.50 Informal hearing.
Any informal hearing shall be legislative in type. The rules of
procedure for each hearing shall be those contained in Sec. 1902.40 and
will be published with the notice thereof.
Sec. 1902.51 Certification of the records of a hearing.
Upon completion of an informal hearing, the transcript thereof,
together with written submissions, exhibits filed during the hearing,
and any post-hearing presentations shall be certified by the officer
presiding at the hearing to the Assistant Secretary.
Sec. 1902.52 Decision.
(a) After consideration of all relevant information which has been
presented, the Assistant Secretary shall issue a decision on the
continuation or revocation of the affirmative 18(e) determination.
(b) The decision revoking the determination shall also reflect the
Assistant Secretary's determination that concurrent Federal enforcement
and standards authority will be reinstated within the State for a
reasonable time until he has withdrawn his approval of the plan, or any
separable portion thereof, pursuant to part 1955 of this chapter or he
has determined that the State has met the criteria for an 18(e)
determination pursuant to the applicable procedures of this subpart.
Sec. 1902.53 Publication of decisions.
All decisions on the reconsideration of an affirmative 18(e)
determination shall be published in the Federal Register.
PART 1903_INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--
Table of Contents
Sec.
1903.1 Purpose and scope.
1903.2 Posting of notice; availability of the Act, regulations and
applicable standards.
1903.3 Authority for inspection.
1903.4 Objection to inspection.
1903.5 Entry not a waiver.
1903.6 Advance notice of inspections.
1903.7 Conduct of inspections.
1903.8 Representatives of employers and employees.
1903.9 Trade secrets.
1903.10 Consultation with employees.
1903.11 Complaints by employees.
1903.12 Inspection not warranted; informal review.
1903.13 Imminent danger.
1903.14 Citations; notices of de minimis violations; policy regarding
employee rescue activities.
1903.14a Petitions for modification of abatement date.
1903.15 Proposed penalties.
1903.16 Posting of citations.
1903.17 Employer and employee contests before the Review Commission.
[[Page 31]]
1903.18 Failure to correct a violation for which a citation has been
issued.
1903.19 Abatement verification.
1903.20 Informal conferences.
1903.21 State administration.
1903.22 Definitions.
Authority: Secs. 8 and 9 (29 U.S.C. 657, 658); 5 U.S.C. 553;
Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Effective Date Note: At 81 FR 43452, July 1, 2016, the authority
citation for part 1903 was revised, effective Aug. 1, 2016. For the
convenience of the user, the revised text is set forth as follows:
Authority: Secs. 8 and 9 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note (Federal
Civil Penalties Inflation Adjustment Act of 1990), as amended by Section
701, Pub. L. 114-74; Secretary of Labor's Order No. 1-2012 (77 FR 3912,
Jan. 25, 2012).
Source: 36 FR 17850, Sept. 4, 1971, unless otherwise noted.
Sec. 1903.1 Purpose and scope.
The Williams-Steiger Occupational Safety and Health Act of 1970 (84
Stat. 1590 et seq., 29 U.S.C. 651 et seq.) requires, in part, that every
employer covered under the Act furnish to his employees employment and a
place of employment which are free from recognized hazards that are
causing or are likely to cause death or serious physical harm to his
employees. The Act also requires that employers comply with occupational
safety and health standards promulgated under the Act, and that
employees comply with standards, rules, regulations and orders issued
under the Act which are applicable to their own actions and conduct. The
Act authorizes the Department of Labor to conduct inspections, and to
issue citations and proposed penalties for alleged violations. The Act,
under section 20(b), also authorizes the Secretary of Health, Education,
and Welfare to conduct inspections and to question employers and
employees in connection with research and other related activities. The
Act contains provisions for adjudication of violations, periods
prescribed for the abatement of violations, and proposed penalties by
the Occupational Safety and Health Review Commission, if contested by an
employer or by an employee or authorized representative of employees,
and for judicial review. The purpose of this part 1903 is to prescribe
rules and to set forth general policies for enforcement of the
inspection, citation, and proposed penalty provisions of the Act. In
situations where this part 1903 sets forth general enforcement policies
rather than substantive or procedural rules, such policies may be
modified in specific circumstances where the Secretary or his designee
determines that an alternative course of action would better serve the
objectives of the Act.
Sec. 1903.2 Posting of notice; availability of the Act, regulations
and applicable standards.
(a)(1) Each employer shall post and keep posted a notice or notices,
to be furnished by the Occupational Safety and Health Administration,
U.S. Department of Labor, informing employees of the protections and
obligations provided for in the Act, and that for assistance and
information, including copies of the Act and of specific safety and
health standards, employees should contact the employer or the nearest
office of the Department of Labor. Such notice or notices shall be
posted by the employer in each establishment in a conspicuous place or
places where notices to employees are customarily posted. Each employer
shall take steps to insure that such notices are not altered, defaced,
or covered by other material.
(2) Where a State has an approved poster informing employees of
their protections and obligations as defined in Sec. 1902.9 of this
chapter, such poster, when posted by employers covered by the State
plan, shall constitute compliance with the posting requirements of
section 8(c)(1) of the Act. Employers whose operations are not within
the issues covered by the State plan must comply with paragraph (a)(1)
of this section.
(3) Reproductions or facsimiles of such Federal or State posters
shall constitute compliance with the posting requirements of section
8(c)(1) of the Act where such reproductions or facsimiles are at least
8\1/2\ inches by 14 inches, and the printing size is at least 10 pt.
Whenever the size of the poster increases, the size of the print shall
also increase accordingly. The caption or heading on the poster shall be
in
[[Page 32]]
large type, generally not less than 36 pt.
(b) Establishment means a single physical location where business is
conducted or where services or industrial operations are performed. (For
example: A factory, mill, store, hotel, restaurant, movie theatre, farm,
ranch, bank, sales office, warehouse, or central administrative office.)
Where distinctly separate activities are performed at a single physical
location (such as contract construction activities from the same
physical location as a lumber yard), each activity shall be treated as a
separate physical establishment, and a separate notice or notices shall
be posted in each such establishment, to the extent that such notices
have been furnished by the Occupational Safety and Health
Administration, U.S. Department of Labor. Where employers are engaged in
activities which are physically dispersed, such as agriculture,
construction, transportation, communications, and electric, gas and
sanitary services, the notice or notices required by this section shall
be posted at the location to which employees report each day. Where
employees do not usually work at, or report to, a single establishment,
such as longshoremen, traveling salesmen, technicians, engineers, etc.,
such notice or notices shall be posted at the location from which the
employees operate to carry out their activities. In all cases, such
notice or notices shall be posted in accordance with the requirements of
paragraph (a) of this section.
(c) Copies of the Act, all regulations published in this chapter and
all applicable standards will be available at all Area Offices of the
Occupational Safety and Health Administration, U.S. Department of Labor.
If an employer has obtained copies of these materials, he shall make
them available upon request to any employee or his authorized
representative for review in the establishment where the employee is
employed on the same day the request is made or at the earliest time
mutually convenient to the employee or his authorized representative and
the employer.
(d) Any employer failing to comply with the provisions of this
section shall be subject to citation and penalty in accordance with the
provisions of section 17 of the Act.
[36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974; 80
FR 49904, Aug. 18, 2015]
Effective Date Note: At 81 FR 43452, July 1, 2016, Sec. 1903.2 was
amended by revising paragraph (d), effective Aug. 1, 2016. For the
convenience of the user, the revised text is set forth as follows:
Sec. 1903.2 Posting of notice; availability of the Act, regulations
and applicable standards.
* * * * *
(d) Any employer failing to comply with the provisions of this
section shall be subject to citation and penalty in accordance with the
provisions of Sec. 1903.15(d).
Sec. 1903.3 Authority for inspection.
(a) Compliance Safety and Health Officers of the Department of Labor
are authorized to enter without delay and at reasonable times any
factory, plant, establishment, construction site, or other area,
workplace or environment where work is performed by an employee of an
employer; to inspect and investigate during regular working hours and at
other reasonable times, and within reasonable limits and in a reasonable
manner, any such place of employment, and all pertinent conditions,
structures, machines, apparatus, devices, equipment and materials
therein; to question privately any employer, owner, operator, agent or
employee; and to review records required by the Act and regulations
published in this chapter, and other records which are directly related
to the purpose of the inspection. Representatives of the Secretary of
Health, Education, and Welfare are authorized to make inspections and to
question employers and employees in order to carry out the functions of
the Secretary of Health, Education, and Welfare under the Act.
Inspections conducted by Department of Labor Compliance Safety and
Health Officers and representatives of the Secretary of Health,
Education, and Welfare under section 8 of the Act and pursuant to this
part 1903 shall not affect the authority of any State to conduct
[[Page 33]]
inspections in accordance with agreements and plans under section 18 of
the Act.
(b) Prior to inspecting areas containing information which is
classified by an agency of the United States Government in the interest
of national security, Compliance Safety and Health Officers shall have
obtained the appropriate security clearance.
Sec. 1903.4 Objection to inspection.
(a) Upon a refusal to permit the Compliance Safety and Health
Officer, in exercise of his official duties, to enter without delay and
at reasonable times any place of employment or any place therein, to
inspect, to review records, or to question any employer, owner,
operator, agent, or employee, in accordance with Sec. 1903.3 or to
permit a representative of employees to accompany the Compliance Safety
and Health Officer during the physical inspection of any workplace in
accordance with Sec. 1903.8, the Safety and Health Officer shall
terminate the inspection or confine the inspection to other areas,
conditions, structures, machines, apparatus, devices, equipment,
materials, records, or interviews concerning which no objection is
raised. The Compliance Safety and Health Officer shall endeavor to
ascertain the reason for such refusal, and shall immediately report the
refusal and the reason therefor to the Area Director. The Area Director
shall consult with the Regional Solicitor, who shall take appropriate
action, including compulsory process, if necessary.
(b) Compulsory process shall be sought in advance of an attempted
inspection or investigation if, in the judgment of the Area Director and
the Regional Solicitor, circumstances exist which make such
preinspection process desirable or necessary. Some examples of
circumstances in which it may be desirable or necessary to seek
compulsory process in advance of an attempt to inspect or investigate
include (but are not limited to):
(1) When the employer's past practice either implicitly or
explicitly puts the Secretary on notice that a warrantless inspection
will not be allowed;
(2) When an inspection is scheduled far from the local office and
procuring a warrant prior to leaving to conduct the inspection would
avoid, in case of refusal of entry, the expenditure of significant time
and resources to return to the office, obtain a warrant and return to
the worksite;
(3) When an inspection includes the use of special equipment or when
the presence of an expert or experts is needed in order to properly
conduct the inspection, and procuring a warrant prior to an attempt to
inspect would alleviate the difficulties or costs encountered in
coordinating the availability of such equipment or expert.
(c) With the approval of the Regional Administrator and the Regional
Solicitor, compulsory process may also be obtained by the Area Director
or his designee.
(d) For purposes of this section, the term compulsory process shall
mean the institution of any appropriate action, including ex parte
application for an inspection warrant or its equivalent. Ex parte
inspection warrants shall be the preferred form of compulsory process in
all circumstances where compulsory process is relied upon to seek entry
to a workplace under this section.
[45 FR 65923, Oct. 3, 1980]
Sec. 1903.5 Entry not a waiver.
Any permission to enter, inspect, review records, or question any
person, shal not imply or be conditioned upon a waiver of any cause of
action, citation, or penalty under the Act. Compliance Safety and Health
Officers are not authorized to grant any such waiver.
Sec. 1903.6 Advance notice of inspections.
(a) Advance notice of inspections may not be given, except in the
following situations:
(1) In cases of apparent imminent danger, to enable the employer to
abate the danger as quickly as possible;
(2) In circumstances where the inspection can most effectively be
conducted after regular business hours or where special preparations are
necessary for an inspection;
(3) Where necessary to assure the presence of representatives of the
employer and employees or the appropriate personnel needed to aid in the
inspection; and
[[Page 34]]
(4) In other circumstances where the Area Director determines that
the giving of advance notice would enhance the probability of an
effective and thorough inspection.
(b) In the situations described in paragraph (a) of this section,
advance notice of inspections may be given only if authorized by the
Area Director, except that in cases of apparent imminent danger, advance
notice may be given by the Compliance Safety and Health Officer without
such authorization if the Area Director is not immediately available.
When advance notice is given, it shall be the employer's responsibility
promptly to notify the authorized representative of employees of the
inspection, if the identity of such representative is known to the
employer. (See Sec. 1903.8(b) as to situations where there is no
authorized representative of employees.) Upon the request of the
employer, the Compliance Safety and Health Officer will inform the
authorized representative of employees of the inspection, provided that
the employer furnishes the Compliance Safety and Health Officer with the
identity of such representative and with such other information as is
necessary to enable him promptly to inform such representative of the
inspection. An employer who fails to comply with his obligation under
this paragraph promptly to inform the authorized representative of
employees of the inspection or to furnish such information as is
necessary to enable the Compliance Safety and Health Officer promptly to
inform such representative of the inspection, may be subject to citation
and penalty under section 17(c) of the Act. Advance notice in any of the
situations described in paragraph (a) of this section shall not be given
more than 24 hours before the inspection is scheduled to be conducted,
except in apparent imminent danger situations and in other unusual
circumstances.
(c) The Act provides in section 17(f) that any person who gives
advance notice of any inspection to be conducted under the Act, without
authority from the Secretary or his designees, shall, upon conviction,
be punished by fine of not more than $1,000 or by imprisonment for not
more than 6 months, or by both.
Effective Date Note: At 81 FR 43452, July 1, 2016, Sec. 1903.6 was
amended by revising paragraph (b), effective Aug. 1, 2016. For the
convenience of the user, the revised text is set forth as follows:
Sec. 1903.6 Advance notice of inspections.
* * * * *
(b) In the situations described in paragraph (a) of this section,
advance notice of inspections may be given only if authorized by the
Area Director, except that in cases of apparent imminent danger, advance
notice may be given by the Compliance Safety and Health Officer without
such authorization if the Area Director is not immediately available.
When advance notice is given, it shall be the employer's responsibility
promptly to notify the authorized representative of employees of the
inspection, if the identity of such representative is known to the
employer. (See Sec. 1903.8(b) as to situations where there is no
authorized representative of employees.) Upon the request of the
employer, the Compliance Safety and Health Officer will inform the
authorized representative of employees of the inspection, provided that
the employer furnishes the Compliance Safety and Health Officer with the
identity of such representative and with such other information as is
necessary to enable him promptly to inform such representative of the
inspection. An employer who fails to comply with his obligation under
this paragraph promptly to inform the authorized representative of
employees of the inspection or to furnish such information as is
necessary to enable the Compliance Safety and Health Officer promptly to
inform such representative of the inspection, may be subject to citation
and penalty in accordance with Sec. 1903.15(d)(4). Advance notice in
any of the situations described in paragraph (a) of this section shall
not be given more than 24 hours before the inspection is scheduled to be
conducted, except in apparent imminent danger situations and in other
unusual circumstances.
* * * * *
Sec. 1903.7 Conduct of inspections.
(a) Subject to the provisions of Sec. 1903.3, inspections shall
take place at such times and in such places of employment as the Area
Director or the Compliance Safety and Health Officer may direct. At the
beginning of an inspection, Compliance Safety and Health Officers shall
present their credentials to the owner, operator, or
[[Page 35]]
agent in charge at the establishment; explain the nature and purpose of
the inspection; and indicate generally the scope of the inspection and
the records specified in Sec. 1903.3 which they wish to review.
However, such designation of records shall not preclude access to
additional records specified in Sec. 1903.3.
(b) Compliance Safety and Health Officers shall have authority to
take environmental samples and to take or obtain photographs related to
the purpose of the inspection, employ other reasonable investigative
techniques, and question privately any employer, owner, operator, agent
or employee of an establishment. (See Sec. 1903.9 on trade secrets.) As
used herein, the term employ other reasonable investigative techniques
includes, but is not limited to, the use of devices to measure employee
exposures and the attachment of personal sampling equipment such as
dosimeters, pumps, badges and other similar devices to employees in
order to monitor their exposures.
(c) In taking photographs and samples, Compliance Safety and Health
Officers shall take reasonable precautions to insure that such actions
with flash, spark-producing, or other equipment would not be hazardous.
Compliance Safety and Health Officers shall comply with all employer
safety and health rules and practices at the establishment being
inspected, and they shall wear and use appropriate protective clothing
and equipment.
(d) The conduct of inspections shall be such as to preclude
unreasonable disruption of the operations of the employer's
establishment.
(e) At the conclusion of an inspection, the Compliance Safety and
Health Officer shall confer with the employer or his representative and
informally advise him of any apparent safety or health violations
disclosed by the inspection. During such conference, the employer shall
be afforded an opportunity to bring to the attention of the Compliance
Safety and Health Officer any pertinent information regarding conditions
in the workplace.
(f) Inspections shall be conducted in accordance with the
requirements of this part.
[36 FR 17850, Sept. 14, 1971, as amended at 47 FR 6533, Feb. 12, 1982;
47 FR 55481, Dec. 10, 1982]
Sec. 1903.8 Representatives of employers and employees.
(a) Compliance Safety and Health Officers shall be in charge of
inspections and questioning of persons. A representative of the employer
and a representative authorized by his employees shall be given an
opportunity to accompany the Compliance Safety and Health Officer during
the physical inspection of any workplace for the purpose of aiding such
inspection. A Compliance Safety and Health Officer may permit additional
employer representatives and additional representatives authorized by
employees to accompany him where he determines that such additional
representatives will further aid the inspection. A different employer
and employee representative may accompany the Compliance Safety and
Health Officer during each different phase of an inspection if this will
not interfere with the conduct of the inspection.
(b) Compliance Safety and Health Officers shall have authority to
resolve all disputes as to who is the representative authorized by the
employer and employees for the purpose of this section. If there is no
authorized representative of employees, or if the Compliance Safety and
Health Officer is unable to determine with reasonable certainty who is
such representative, he shall consult with a reasonable number of
employees concerning matters of safety and health in the workplace.
(c) The representative(s) authorized by employees shall be an
employee(s) of the employer. However, if in the judgment of the
Compliance Safety and Health Officer, good cause has been shown why
accompaniment by a third party who is not an employee of the employer
(such as an industrial hygienist or a safety engineer) is reasonably
necessary to the conduct of an effective and thorough physical
inspection of the workplace, such third party may
[[Page 36]]
accompany the Compliance Safety and Health Officer during the
inspection.
(d) Compliance Safety and Health Officers are authorized to deny the
right of accompaniment under this section to any person whose conduct
interferes with a fair and orderly inspection. The right of
accompaniment in areas containing trade secrets shall be subject to the
provisions of Sec. 1903.9(d). With regard to information classified by
an agency of the U.S. Government in the interest of national security,
only persons authorized to have access to such information may accompany
a Compliance Safety and Health Officer in areas containing such
information.
Sec. 1903.9 Trade secrets.
(a) Section 15 of the Act provides: ``All information reported to or
otherwise obtained by the Secretary or his representative in connection
with any inspection or proceeding under this Act which contains or which
might reveal a trade secret referred to in section 1905 of title 18 of
the United States Code shall be considered confidential for the purpose
of that section, except that such information may be disclosed to other
officers or employees concerned with carrying out this Act or when
relevant in any proceeding under this Act. In any such proceeding the
Secretary, the Commission, or the court shall issue such orders as may
be appropriate to protect the confidentiality of trade secrets.''
Section 15 of the Act is considered a statute within the meaning of
section 552(b)(3) of title 5 of the United States Code, which exempts
from the disclosure requirements matters that are ``specifically
exempted from disclosure by statute.''
(b) Section 1905 of title 18 of the United States Code provides:
``Whoever, being an officer or employee of the United States or of any
department or agency thereof, publishes, divulges, discloses, or makes
known in any manner or to any extent not authorized by law any
information coming to him in the course of his employment or official
duties or by reason of any examination or investigation made by, or
return, report or record made to or filed with, such department or
agency or officer or employee thereof, which information concerns or
relates to the trade secrets, processes, operations, style of work, or
apparatus, or to the identity, confidential statistical data, amount or
source of any income, profits, losses, or expenditures of any person,
firm, partnership, corporation, or association; or permits any income
return or copy thereof or any book containing any abstract or
particulars thereof to be seen or examined by any person except as
provided by law; shall be fined not more than $1,000, or imprisoned not
more than 1 year, or both; and shall be removed from office or
employment.''
(c) At the commencement of an inspection, the employer may identify
areas in the establishment which contain or which might reveal a trade
secret. If the Compliance Safety and Health Officer has no clear reason
to question such identification, information obtained in such areas,
including all negatives and prints of photographs, and environmental
samples, shall be labeled ``confidential--trade secret'' and shall not
be disclosed except in accordance with the provisions of section 15 of
the Act.
(d) Upon the request of an employer, any authorized representative
of employees under Sec. 1903.8 in an area containing trade secrets
shall be an employee in that area or an employee authorized by the
employer to enter that area. Where there is no such representative or
employee, the Compliance Safety and Health Officer shall consult with a
reasonable number of employees who work in that area concerning matters
of safety and health.
Sec. 1903.10 Consultation with employees.
Compliance Safety and Health Officers may consult with employees
concerning matters of occupational safety and health to the extent they
deem necessary for the conduct of an effective and thorough inspection.
During the course of an inspection, any employee shall be afforded an
opportunity to bring any violation of the Act which he has reason to
believe exists in the workplace to the attention of the Compliance
Safety and Health Officer.
Sec. 1903.11 Complaints by employees.
(a) Any employee or representative of employees who believe that a
violation of the Act exists in any workplace
[[Page 37]]
where such employee is employed may request an inspection of such
workplace by giving notice of the alleged violation to the Area Director
or to a Compliance Safety and Health Officer. Any such notice shall be
reduced to writing, shall set forth with reasonable particularity the
grounds for the notice, and shall be signed by the employee or
representative of employees. A copy shall be provided the employer or
his agent by the Area Director or Compliance Safety and Health Officer
no later than at the time of inspection, except that, upon the request
of the person giving such notice, his name and the names of individual
employees referred to therein shall not appear in such copy or on any
record published, released, or made available by the Department of
Labor.
(b) If upon receipt of such notification the Area Director
determines that the complaint meets the requirements set forth in
paragraph (a) of this section, and that there are reasonable grounds to
believe that the alleged violation exists, he shall cause an inspection
to be made as soon as practicable, to determine if such alleged
violation exists. Inspections under this section shall not be limited to
matters referred to in the complaint.
(c) Prior to or during any inspection of a workplace, any employee
or representative of employees employed in such workplace may notify the
Compliance Safety and Health Officer, in writing, of any violation of
the Act which they have reason to believe exists in such workplace. Any
such notice shall comply with the requirements of paragraph (a) of this
section.
(d) Section 11(c)(1) of the Act provides: ``No person shall
discharge or in any manner discriminate against any employee because
such employee has filed any complaint or instituted or caused to be
instituted any proceeding under or related to this Act or has testified
or is about to testify in any such proceeding or because of the exercise
by such employee on behalf of himself or others of any right afforded by
this Act.''
(Approved by the Office of Management and Budget under control number
1218-0064)
[36 FR 17850, Sept. 4, 1973, as amended at 54 FR 24333, June 7, 1989]
Sec. 1903.12 Inspection not warranted; informal review.
(a) If the Area Director determines that an inspection is not
warranted because there are no reasonable grounds to believe that a
violation or danger exists with respect to a complaint under Sec.
1903.11, he shall notify the complaining party in writing of such
determination. The complaining party may obtain review of such
determination by submitting a written statement of position with the
Assistant Regional Director and, at the same time, providing the
employer with a copy of such statement by certified mail. The employer
may submit an opposing written statement of position with the Assistant
Regional Director and, at the same time, provide the complaining party
with a copy of such statement by certified mail. Upon the request of the
complaining party or the employer, the Assistant Regional Director, at
his discretion, may hold an informal conference in which the complaining
party and the employer may orally present their views. After considering
all written and oral views presented, the Assistant Regional Director
shall affirm, modify, or reverse the determination of the Area Director
and furnish the complaining party and the employer and written
notification of this decision and the reasons therefor. The decision of
the Assistant Regional Director shall be final and not subject to
further review.
(b) If the Area Director determines that an inspection is not
warranted because the requirements of Sec. 1903.11(a) have not been
met, he shall notify the complaining party in writing of such
determination. Such determination shall be without prejudice to the
filing of a new complaint meeting the requirements of Sec. 1903.11(a).
Sec. 1903.13 Imminent danger.
Whenever and as soon as a Compliance Safety and Health Officer
concludes on the basis of an inspection that conditions or practices
exist in any place of employment which could reasonably be expected to
cause death or serious physical harm immediately or before the imminence
of such danger can be eliminated through the enforcement procedures
otherwise provided by
[[Page 38]]
the Act, he shall inform the affected employees and employers of the
danger and that he is recommending a civil action to restrain such
conditions or practices and for other appropriate relief in accordance
with the provisions of section 13(a) of the Act. Appropriate citations
and notices of proposed penalties may be issued with respect to an
imminent danger even though, after being informed of such danger by the
Compliance Safety and Health Officer, the employer immediately
eliminates the imminence of the danger and initiates steps to abate such
danger.
Sec. 1903.14 Citations; notices of de minimis violations; policy regarding employee rescue activities.
(a) The Area Director shall review the inspection report of the
Compliance Safety and Health Officer. If, on the basis of the report the
Area Director believes that the employer has violated a requirement of
section 5 of the Act, of any standard, rule or order promulgated
pursuant to section 6 of the Act, or of any substantive rule published
in this chapter, he shall, if appropriate, consult with the Regional
Solicitor, and he shall issue to the employer either a citation or a
notice of de minimis violations which have no direct or immediate
relationship to safety or health. An appropriate citation or notice of
de minimis violations shall be issued even though after being informed
of an alleged violation by the Compliance Safety and Health Officer, the
employer immediately abates, or initiates steps to abate, such alleged
violation. Any citation or notice of de minimis violations shall be
issued with reasonable promptness after termination of the inspection.
No citation may be issued under this section after the expiration of 6
months following the occurrence of any alleged violation.
(b) Any citation shall describe with particularity the nature of the
alleged violation, including a reference to the provision(s) of the Act,
standard, rule, regulation, or order alleged to have been violated. Any
citation shall also fix a reasonable time or times for the abatement of
the alleged violation.
(c) If a citation or notice of de minimis violations is issued for a
violation alleged in a request for inspection under Sec. 1903.11(a) or
a notification of violation under Sec. 1903.11(c), a copy of the
citation or notice of de minimis violations shall also be sent to the
employee or representative of employees who made such request or
notification.
(d) After an inspection, if the Area Director determines that a
citation is not warranted with respect to a danger or violation alleged
to exist in a request for inspection under Sec. 1903.11(a) or a
notification of violation under Sec. 1903.11(c), the informal review
procedures prescribed in Sec. 1903.12(a) shall be applicable. After
considering all views presented, the Assistant Regional Director shall
affirm the determination of the Area Director, order a reinspection, or
issue a citation if he believes that the inspection disclosed a
violation. The Assistant Regional Director shall furnish the complaining
party and the employer with written notification of his determination
and the reasons therefor. The determination of the Assistant Regional
Director shall be final and not subject to review.
(e) Every citation shall state that the issuance of a citation does
not constitute a finding that a violation of the Act has occurred unless
there is a failure to contest as provided for in the Act or, if
contested, unless the citation is affirmed by the Review Commission.
(f) No citation may be issued to an employer because of a rescue
activity undertaken by an employee of that employer with respect to an
individual in imminent danger unless:
(1)(i) Such employee is designated or assigned by the employer to
have responsibility to perform or assist in rescue operations, and
(ii) The employer fails to provide protection of the safety and
health of such employee, including failing to provide appropriate
training and rescue equipment; or
(2)(i) Such employee is directed by the employer to perform rescue
activities in the course of carrying out the employee's job duties, and
(ii) The employer fails to provide protection of the safety and
health of such employee, including failing to provide appropriate
training and rescue equipment; or
[[Page 39]]
(3)(i) Such employee is employed in a workplace that requires the
employee to carry out duties that are directly related to a workplace
operation where the likelihood of life-threatening accidents is
foreseeable, such as a workplace operation where employees are located
in confined spaces or trenches, handle hazardous waste, respond to
emergency situations, perform excavations, or perform construction over
water; and
(ii) Such employee has not been designated or assigned to perform or
assist in rescue operations and voluntarily elects to rescue such an
individual; and
(iii) The employer has failed to instruct employees not designated
or assigned to perform or assist in rescue operations of the
arrangements for rescue, not to attempt rescue, and of the hazards of
attempting rescue without adequate training or equipment.
(4) For purposes of this policy, the term ``imminent danger'' means
the existence of any condition or practice that could reasonably be
expected to cause death or serious physical harm before such condition
or practice can be abated.
[36 FR 17850, Sept. 4, 1971, as amended at 59 FR 66613, Dec. 27, 1994]
Sec. 1903.14a Petitions for modification of abatement date.
(a) An employer may file a petition for modification of abatement
date when he has made a good faith effort to comply with the abatement
requirements of a citation, but such abatement has not been completed
because of factors beyond his reasonable control.
(b) A petition for modification of abatement date shall be in
writing and shall include the following information:
(1) All steps taken by the employer, and the dates of such action,
in an effort to achieve compliance during the prescribed abatement
period.
(2) The specific additional abatement time necessary in order to
achieve compliance.
(3) The reasons such additional time is necessary, including the
unavailability of professional or technical personnel or of materials
and equipment, or because necessary construction or alteration of
facilities cannot be completed by the original abatement date.
(4) All available interim steps being taken to safeguard the
employees against the cited hazard during the abatement period.
(5) A certification that a copy of the petition has been posted and,
if appropriate, served on the authorized representative of affected
employees, in accordance with paragraph (c)(1) of this section and a
certification of the date upon which such posting and service was made.
(c) A petition for modification of abatement date shall be filed
with the Area Director of the United States Department of Labor who
issued the citation no later than the close of the next working day
following the date on which abatement was originally required. A later-
filed petition shall be accompanied by the employer's statement of
exceptional circumstances explaining the delay.
(1) A copy of such petition shall be posted in a conspicuous place
where all affected employees will have notice thereof or near such
location where the violation occurred. The petition shall remain posted
for a period of ten (10) working days. Where affected employees are
represented by an authorized representative, said representative shall
be served with a copy of such petition.
(2) Affected employees or their representatives may file an
objection in writing to such petition with the aforesaid Area Director.
Failure to file such objection within ten (10) working days of the date
of posting of such petition or of service upon an authorized
representative shall constitute a waiver of any further right to object
to said petition.
(3) The Secretary or his duly authorized agent shall have the
authority to approve any petition for modification of abatement date
filed pursuant to paragraphs (b) and (c) of this section. Such
uncontested petitions shall become final orders pursuant to sections 10
(a) and (c) of the Act.
(4) The Secretary or his authorized representative shall not
exercise his approval power until the expiration of fifteen (15) working
days from the date
[[Page 40]]
the petition was posted or served pursuant to paragraphs (c) (1) and (2)
of this section by the employer.
(d) Where any petition is objected to by the Secretary or affected
employees, the petition, citation, and any objections shall be forwarded
to the Commission within three (3) working days after the expiration of
the fifteen (15) day period set out in paragraph (c)(4) of this section.
[40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, 1975]
Sec. 1903.15 Proposed penalties.
(a) After, or concurrent with, the issuance of a citation, and
within a reasonable time after the termination of the inspection, the
Area Director shall notify the employer by certified mail or by personal
service by the Compliance Safety and Health Officer of the proposed
penalty under section 17 of the Act, or that no penalty is being
proposed. Any notice of proposed penalty shall state that the proposed
penalty shall be deemed to be the final order of the Review Commission
and not subject to review by any court or agency unless, within 15
working days from the date of receipt of such notice, the employer
notifies the Area Director in writing that he intends to contest the
citation or the notification of proposed penalty before the Review
Commission.
(b) The Area Director shall determine the amount of any proposed
penalty, giving due consideration to the appropriateness of the penalty
with respect to the size of the business of the employer being charged,
the gravity of the violation, the good faith of the employer, and the
history of previous violations, in accordance with the provisions of
section 17 of the Act.
(c) Appropriate penalties may be proposed with respect to an alleged
violation even though after being informed of such alleged violation by
the Compliance Safety and Health Officer, the employer immediately
abates, or initiates steps to abate, such alleged violation. Penalties
shall not be proposed for de minimis violations which have no direct or
immediate relationship to safety or health.
Effective Date Note: At 81 FR 43453, July 1, 2016, Sec. 1903.15 was
amended by revising paragraphs (a) and (b) and adding paragraph (d),
effective Aug. 1, 2016. For the convenience of the user, the added and
revised text is set forth as follows:
Sec. 1903.15 Proposed penalties.
(a) After, or concurrent with, the issuance of a citation, and
within a reasonable time after the termination of the inspection, the
Area Director shall notify the employer by certified mail or by personal
service by the Compliance Safety and Health Officer of the proposed
penalty in accordance with paragraph (d) of this section, or that no
penalty is being proposed. Any notice of proposed penalty shall state
that the proposed penalty shall be deemed to be the final order of the
Review Commission and not subject to review by any court or agency
unless, within 15 working days from the date of receipt of such notice,
the employer notifies the Area Director in writing that he intends to
contest the citation or the notification of proposed penalty before the
Review Commission.
(b) The Area Director shall determine the amount of any proposed
penalty, giving due consideration to the appropriateness of the penalty
with respect to the size of the business of the employer being charged,
the gravity of the violation, the good faith of the employer, and the
history of previous violations, in accordance with the provisions of
section 17 of the Act and paragraph (d) of this section.
* * * * *
(d) Adjusted civil monetary penalties. The adjusted civil penalties
for penalties proposed on or after August 1, 2016 are as follows:
(1) Willful violation. The penalty per willful violation under
section 17(a) of the Act, 29 U.S.C. 666(a), shall not be less than
$8,908 and shall not exceed $124,709.
(2) Repeated violation. The penalty per repeated violation under
section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $124,709.
(3) Serious violation. The penalty for a serious violation under
section 17(b) of the Act, 29 U.S.C. 666(b), shall not exceed $12,471.
(4) Other-than-serious violation. The penalty for an other-than-
serious violation under section 17(c) of the Act, 29 U.S.C. 666(c),
shall not exceed $12,471.
(5) Failure to correct violation. The penalty for a failure to
correct a violation under section 17(d) of the Act, 29 U.S.C. 666(d),
shall not exceed $12,471 per day.
(6) Posting requirement violation. The penalty for a posting
requirement violation under section 17(i) of the Act, 29 U.S.C. 666(i),
shall not exceed $12,471.
[[Page 41]]
Sec. 1903.16 Posting of citations.
(a) Upon receipt of any citation under the Act, the employer shall
immediately post such citation, or a copy thereof, unedited, at or near
each place an alleged violation referred to in the citation occurred,
except as provided below. Where, because of the nature of the employer's
operations, it is not practicable to post the citation at or near each
place of alleged violation, such citation shall be posted, unedited, in
a prominent place where it will be readily observable by all affected
employees. For example, where employers are engaged in activities which
are physically dispersed (see Sec. 1903.2(b)), the citation may be
posted at the location to which employees report each day. Where
employees do not primarily work at or report to a single location (see
Sec. 1903.2(b)), the citation may be posted at the location from which
the employees operate to carry out their activities. The employer shall
take steps to ensure that the citation is not altered, defaced, or
covered by other material. Notices of de minimis violations need not be
posted.
(b) Each citation, or a copy thereof, shall remain posted until the
violation has been abated, or for 3 working days, whichever is later.
The filing by the employer of a notice of intention to contest under
Sec. 1903.17 shall not affect his posting responsibility under this
section unless and until the Review Commission issues a final order
vacating the citation.
(c) An employer to whom a citation has been issued may post a notice
in the same location where such citation is posted indicating that the
citation is being contested before the Review Commission, and such
notice may explain the reasons for such contest. The employer may also
indicate that specified steps have been taken to abate the violation.
(d) Any employer failing to comply with the provisions of paragraphs
(a) and (b) of this section shall be subject to citation and penalty in
accordance with the provisions of section 17 of the Act.
Effective Date Note: At 81 FR 43453, July 1, 2016, Sec. 1903.16 was
amended by revising paragraph (d), effective Aug. 1, 2016. For the
convenience of the user, the revised text is set forth as follows:
Sec. 1903.16 Posting of citations.
* * * * *
(d) Any employer failing to comply with the provisions of paragraphs
(a) and (b) of this section shall be subject to citation and penalty in
accordance with Sec. 1903.15(d).
Sec. 1903.17 Employer and employee contests before the Review
Commission.
(a) Any employer to whom a citation or notice of proposed penalty
has been issued may, under section 10(a) of the Act, notify the Area
Director in writing that he intends to contest such citation or proposed
penalty before the Review Commission. Such notice of intention to
contest shall be postmarked within 15 working days of the receipt by the
employer of the notice of proposed penalty. Every notice of intention to
contest shall specify whether it is directed to the citation or to the
proposed penalty, or both. The Area Director shall immediately transmit
such notice to the Review Commission in accordance with the rules of
procedure prescribed by the Commission.
(b) Any employee or representative of employees of an employer to
whom a citation has been issued may, under section 10(c) of the Act,
file a written notice with the Area Director alleging that the period of
time fixed in the citation for the abatement of the violation is
unreasonable. Such notice shall be postmarked within 15 working days of
the receipt by the employer of the notice of proposed penalty or notice
that no penalty is being proposed. The Area Director shall immediately
transmit such notice to the Review Commission in accordance with the
rules of procedure prescribed by the Commission.
Sec. 1903.18 Failure to correct a violation for which a citation
has been issued.
(a) If an inspection discloses that an employer has failed to
correct an alleged violation for which a citation has been issued within
the period permitted for its correction, the Area Director shall, if
appropriate, consult with the Regional Solicitor, and he
[[Page 42]]
shall notify the employer by certified mail or by personal service by
the Compliance Safety and Health Officer of such failure and of the
additional penalty proposed under section 17(d) of the Act by reason of
such failure. The period for the correction of a violation for which a
citation has been issued shall not begin to run until the entry of a
final order of the Review Commission in the case of any review
proceedings initiated by the employer in good faith and not solely for
delay or avoidance of penalties.
(b) Any employer receiving a notification of failure to correct a
violation and of proposed additional penalty may, under section 10(b) of
the Act, notify the Area Director in writing that he intends to contest
such notification or proposed additional penalty before the Review
Commission. Such notice of intention to contest shall be postmarked
within 15 working days of the receipt by the employer of the
notification of failure to correct a violation and of proposed
additional penalty. The Area Director shall immediately transmit such
notice to the Review Commission in accordance with the rules of
procedure prescribed by the Commission.
(c) Each notification of failure to correct a violation and of
proposed additional penalty shall state that it shall be deemed to be
the final order of the Review Commission and not subject to review by
any court or agency unless, within 15 working days from the date of
receipt of such notification, the employer notifies the Area Director in
writing that he intends to contest the notification or the proposed
additional penalty before the Review Commission.
Effective Date Note: At 81 FR 43453, July 1, 2016, Sec. 1903.18 was
amended by revising paragraph (a), effective Aug. 1, 2016. For the
convenience of the user, the revised text is set forth as follows:
Sec. 1903.18 Failure to correct a violation for which a citation has
been issued.
(a) If an inspection discloses that an employer has failed to
correct an alleged violation for which a citation has been issued within
the period permitted for its correction, the Area Director shall, if
appropriate, consult with the Regional Solicitor, and he shall notify
the employer by certified mail or by personal service by the Compliance
Safety and Health Officer of such failure and of the additional penalty
proposed under Sec. 1903.15(d)(5) by reason of such failure. The period
for the correction of a violation for which a citation has been issued
shall not begin to run until the entry of a final order of the Review
Commission in the case of any review proceedings initiated by the
employer in good faith and not solely for delay or avoidance of
penalties.
* * * * *
Sec. 1903.19 Abatement verification.
Purpose. OSHA's inspections are intended to result in the abatement
of violations of the Occupational Safety and Health Act of 1970 (the OSH
Act). This section sets forth the procedures OSHA will use to ensure
abatement. These procedures are tailored to the nature of the violation
and the employer's abatement actions.
(a) Scope and application. This section applies to employers who
receive a citation for a violation of the Occupational Safety and Health
Act.
(b) Definitions--(1) Abatement means action by an employer to comply
with a cited standard or regulation or to eliminate a recognized hazard
identified by OSHA during an inspection.
(2) Abatement date means:
(i) For an uncontested citation item, the later of:
(A) The date in the citation for abatement of the violation;
(B) The date approved by OSHA or established in litigation as a
result of a petition for modification of the abatement date (PMA); or
(C) The date established in a citation by an informal settlement
agreement.
(ii) For a contested citation item for which the Occupational Safety
and Health Review Commission (OSHRC) has issued a final order affirming
the violation, the later of:
(A) The date identified in the final order for abatement; or
(B) The date computed by adding the period allowed in the citation
for abatement to the final order date;
(C) The date established by a formal settlement agreement.
(3) Affected employees means those employees who are exposed to the
hazard(s) identified as violation(s) in a citation.
(4) Final order date means:
[[Page 43]]
(i) For an uncontested citation item, the fifteenth working day
after the employer's receipt of the citation;
(ii) For a contested citation item:
(A) The thirtieth day after the date on which a decision or order of
a commission administrative law judge has been docketed with the
commission, unless a member of the commission has directed review; or
(B) Where review has been directed, the thirtieth day after the date
on which the Commission issues its decision or order disposing of all or
pertinent part of a case; or
(C) The date on which a federal appeals court issues a decision
affirming the violation in a case in which a final order of OSHRC has
been stayed.
(5) Movable equipment means a hand-held or non-hand-held machine or
device, powered or unpowered, that is used to do work and is moved
within or between worksites.
(c) Abatement certification. (1) Within 10 calendar days after the
abatement date, the employer must certify to OSHA (the Agency) that each
cited violation has been abated, except as provided in paragraph (c)(2)
of this section.
(2) The employer is not required to certify abatement if the OSHA
Compliance Officer, during the on-site portion of the inspection:
(i) Observes, within 24 hours after a violation is identified, that
abatement has occurred; and
(ii) Notes in the citation that abatement has occurred.
(3) The employer's certification that abatement is complete must
include, for each cited violation, in addition to the information
required by paragraph (h) of this section, the date and method of
abatement and a statement that affected employees and their
representatives have been informed of the abatement.
Note to paragraph (c): Appendix A contains a sample Abatement
Certification Letter.
(d) Abatement documentation. (1) The employer must submit to the
Agency, along with the information on abatement certification required
by paragraph (c)(3) of this section, documents demonstrating that
abatement is complete for each willful or repeat violation and for any
serious violation for which the Agency indicates in the citation that
such abatement documentation is required.
(2) Documents demonstrating that abatement is complete may include,
but are not limited to, evidence of the purchase or repair of equipment,
photographic or video evidence of abatement, or other written records.
(e) Abatement plans. (1) The Agency may require an employer to
submit an abatement plan for each cited violation (except an other-than-
serious violation) when the time permitted for abatement is more than 90
calendar days. If an abatement plan is required, the citation must so
indicate.
(2) The employer must submit an abatement plan for each cited
violation within 25 calendar days from the final order date when the
citation indicates that such a plan is required. The abatement plan must
identify the violation and the steps to be taken to achieve abatement,
including a schedule for completing abatement and, where necessary, how
employees will be protected from exposure to the violative condition in
the interim until abatement is complete.
Note to paragraph (e): Appendix B contains a Sample Abatement Plan
form.
(f) Progress reports. (1) An employer who is required to submit an
abatement plan may also be required to submit periodic progress reports
for each cited violation. The citation must indicate:
(i) That periodic progress reports are required and the citation
items for which they are required;
(ii) The date on which an initial progress report must be submitted,
which may be no sooner than 30 calendar days after submission of an
abatement plan;
(iii) Whether additional progress reports are required; and
(iv) The date(s) on which additional progress reports must be
submitted.
(2) For each violation, the progress report must identify, in a
single sentence if possible, the action taken to achieve abatement and
the date the action was taken.
Note to paragraph (f): Appendix B contains a Sample Progress Report
form.
[[Page 44]]
(g) Employee notification. (1) The employer must inform affected
employees and their representative(s) about abatement activities covered
by this section by posting a copy of each document submitted to the
Agency or a summary of the document near the place where the violation
occurred.
(2) Where such posting does not effectively inform employees and
their representatives about abatement activities (for example, for
employers who have mobile work operations), the employer must:
(i) Post each document or a summary of the document in a location
where it will be readily observable by affected employees and their
representatives; or
(ii) Take other steps to communicate fully to affected employees and
their representatives about abatement activities.
(3) The employer must inform employees and their representatives of
their right to examine and copy all abatement documents submitted to the
Agency.
(i) An employee or an employee representative must submit a request
to examine and copy abatement documents within 3 working days of
receiving notice that the documents have been submitted.
(ii) The employer must comply with an employee's or employee
representative's request to examine and copy abatement documents within
5 working days of receiving the request.
(4) The employer must ensure that notice to employees and employee
representatives is provided at the same time or before the information
is provided to the Agency and that abatement documents are:
(i) Not altered, defaced, or covered by other material; and
(ii) Remain posted for three working days after submission to the
Agency.
(h) Transmitting abatement documents. (1) The employer must include,
in each submission required by this section, the following information:
(i) The employer's name and address;
(ii) The inspection number to which the submission relates;
(iii) The citation and item numbers to which the submission relates;
(iv) A statement that the information submitted is accurate; and
(v) The signature of the employer or the employer's authorized
representative.
(2) The date of postmark is the date of submission for mailed
documents. For documents transmitted by other means, the date the Agency
receives the document is the date of submission.
(i) Movable equipment. (1) For serious, repeat, and willful
violations involving movable equipment, the employer must attach a
warning tag or a copy of the citation to the operating controls or to
the cited component of equipment that is moved within the worksite or
between worksites.
Note to paragraph (i)(1): Attaching a copy of the citation to the
equipment is deemed by OSHA to meet the tagging requirement of paragraph
(i)(1) of this section as well as the posting requirement of 29 CFR
1903.16.
(2) The employer must use a warning tag that properly warns
employees about the nature of the violation involving the equipment and
identifies the location of the citation issued.
Note to paragraph (i)(2): Non-Mandatory Appendix C contains a sample
tag that employers may use to meet this requirement.
(3) If the violation has not already been abated, a warning tag or
copy of the citation must be attached to the equipment:
(i) For hand-held equipment, immediately after the employer receives
the citation; or
(ii) For non-hand-held equipment, prior to moving the equipment
within or between worksites.
(4) For the construction industry, a tag that is designed and used
in accordance with 29 CFR 1926.20(b)(3) and 29 CFR 1926.200(h) is deemed
by OSHA to meet the requirements of this section when the information
required by paragraph (i)(2) is included on the tag.
(5) The employer must assure that the tag or copy of the citation
attached to movable equipment is not altered, defaced, or covered by
other material.
(6) The employer must assure that the tag or copy of the citation
attached to movable equipment remains attached until:
(i) The violation has been abated and all abatement verification
documents
[[Page 45]]
required by this regulation have been submitted to the Agency;
(ii) The cited equipment has been permanently removed from service
or is no longer within the employer's control; or
(iii) The Commission issues a final order vacating the citation.
Appendices to Sec. 1903.19--Abatement Verification
Note: Appendices A through C provide information and nonmandatory
guidelines to assist employers and employees in complying with the
appropriate requirements of this section.
Appendix A to Section 1903.19--Sample Abatement-Certification Letter
(Nonmandatory)
(Name), Area Director
U. S. Department of Labor--OSHA
Address of the Area Office (on the citation)
[Company's Name]
[Company's Address]
The hazard referenced in Inspection Number [insert 9-digit ] for
violation identified as:
Citation [insert ] and item [insert ] was corrected on [insert date]
by:
________________________________________________________________________
Citation [insert ] and item [insert ] was corrected on [insert date]
by:
________________________________________________________________________
Citation [insert ] and item [insert ] was corrected on [insert date]
by:
________________________________________________________________________
Citation [insert ] and item [insert ] was corrected on [insert date]
by:
________________________________________________________________________
Citation [insert ] and item [insert ] was corrected on [insert date]
by:
________________________________________________________________________
Citation [insert ] and item [insert ] was corrected on [insert date]
by:
________________________________________________________________________
Citation [insert ] and item [insert ] was corrected on insert date by:
________________________________________________________________________
Citation [insert ] and item [insert ] was corrected on [insert date]
by:
________________________________________________________________________
I attest that the information contained in this document is accurate.
________________________________________________________________________
Signature
________________________________________________________________________
Typed or Printed Name
Appendix B to Section 1903.19--Sample Abatement Plan or Progress Report
(Nonmandatory)
(Name), Area Director
U. S. Department of Labor--OSHA
Address of Area Office (on the citation)
[Company's Name]
[Company's Address]
Check one:
Abatement Plan [ ]
Progress Report [ ]
Inspection Number_______________________________________________________
Page ---- of --------
Citation Number(s)*_____________________________________________________
Item Number(s)*_________________________________________________________
Proposed Completion
Completion Date (for
Action Date (for progress
abatement reports
plans only) only)
1............................................. ........... ...........
........... ...........
........... ...........
2............................................. ........... ...........
........... ...........
........... ...........
3............................................. ........... ...........
........... ...........
........... ...........
4............................................. ........... ...........
........... ...........
........... ...........
5............................................. ........... ...........
........... ...........
........... ...........
6............................................. ........... ...........
........... ...........
........... ...........
7............................................. ........... ...........
........... ...........
Date required for final abatement:______________________________________
I attest that the information contained in this document is accurate.
________________________________________________________________________
Signature
________________________________________________________________________
Typed or Printed Name
Name of primary point of contact for questions: [optional]
Telephone number:_______________________________________________________
*Abatement plans or progress reports for more than one citation item
may be combined in a single abatement plan or progress report if the
abatement actions, proposed completion dates, and actual completion
dates (for progress reports only) are the same for each of the citation
items.
[[Page 46]]
Appendix C to Section 1903.19--Sample Warning Tag (Nonmandatory)
[GRAPHIC] [TIFF OMITTED] TC27OC91.000
[62 FR 15337, Mar. 31, 1997]
Sec. 1903.20 Informal conferences.
At the request of an affected employer, employee, or representative
of employees, the Assistant Regional Director may hold an informal
conference for the purpose of discussing any issues raised by an
inspection, citation, notice of proposed penalty, or notice of intention
to contest. The settlement of any issue at such conference
[[Page 47]]
shall be subject to the rules of procedure prescribed by the Review
Commission. If the conference is requested by the employer, an affected
employee or his representative shall be afforded an opportunity to
participate, at the discretion of the Assistant Regional Director. If
the conference is requested by an employee or representative of
employees, the employer shall be afforded an opportunity to participate,
at the discretion of the Assistant Regional Director. Any party may be
represented by counsel at such conference. No such conference or request
for such conference shall operate as a stay of any 15-working-day period
for filing a notice of intention to contest as prescribed in Sec.
1903.17.
[36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]
Sec. 1903.21 State administration.
Nothing in this part 1903 shall preempt the authority of any State
to conduct inspections, to initiate enforcement proceedings or otherwise
to implement the applicable provisions of State law with respect to
State occupational safety and health standards in accordance with
agreements and plans under section 18 of the Act and parts 1901 and 1902
of this chapter.
[36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]
Sec. 1903.22 Definitions.
(a) Act means the Williams-Steiger Occupational Safety and Health
Act of 1970. (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.)
(b) The definitions and interpretations contained in section 3 of
the Act shall be applicable to such terms when used in this part 1903.
(c) Working days means Mondays through Fridays but shall not include
Saturdays, Sundays, or Federal holidays. In computing 15 working days,
the day of receipt of any notice shall not be included, and the last day
of the 15 working days shall be included.
(d) Compliance Safety and Health Officer means a person authorized
by the Occupational Safety and Health Administration, U.S. Department of
Labor, to conduct inspections.
(e) Area Director means the employee or officer regularly or
temporarily in charge of an Area Office of the Occupational Safety and
Health Administration, U.S. Department of Labor, or any other person or
persons who are authorized to act for such employee or officer. The
latter authorizations may include general delegations of the authority
of an Area Director under this part to a Compliance Safety and Health
Officer or delegations to such an officer for more limited purposes,
such as the exercise of the Area Director's duties under Sec.
1903.14(a). The term also includes any employee or officer exercising
supervisory responsibilities over an Area Director. A supervisory
employee or officer is considered to exercise concurrent authority with
the Area Director.
(f) Assistant Regional Director means the employee or officer
regularly or temporarily in charge of a Region of the Occupational
Safety and Health Administration, U.S. Department of Labor, or any other
person or persons who are specifically designated to act for such
employee or officer in his absence. The term also includes any employee
or officer in the Occupational Safety and Health Administration
exercising supervisory responsibilities over the Assistant Regional
Director. Such supervisory employee or officer is considered to exercise
concurrent authority with the Assistant Regional Director. No delegation
of authority under this paragraph shall adversely affect the procedures
for independent informal review of investigative determinations
prescribed under Sec. 1903.12 of this part.
(g) Inspection means any inspection of an employer's factory, plant,
establishment, construction site, or other area, workplace or
environment where work is performed by an employee of an employer, and
includes any inspection conducted pursuant to a complaint filed under
Sec. 1903.11 (a) and (c), any reinspection, followup inspection,
accident investigation or other inspection conducted under section 8(a)
of the Act.
[36 FR 17850, Sept. 4, 1971, as amended at 38 FR 22624, Aug. 23, 1973.
Redesignated at 62 FR 15337, Mar. 31, 1997]
[[Page 48]]
PART 1904_RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES
--Table of Contents
Subpart A_Purpose
Sec.
1904.0 Purpose.
Subpart B_Scope
1904.1 Partial exemption for employers with 10 or fewer employees.
1904.2 Partial exemption for establishments in certain industries.
1904.3 Keeping records for more than one agency.
Non-mandatory Appendix A to Subpart B of Part 1904--Partially Exempt
Industries.
Subpart C_Recordkeeping Forms and Recording Criteria
1904.4 Recording criteria.
1904.5 Determination of work-relatedness.
1904.6 Determination of new cases.
1904.7 General recording criteria.
1904.8 Recording criteria for needlestick and sharps injuries.
1904.9 Recording criteria for cases involving medical removal under OSHA
standards.
1904.10 Recording criteria for cases involving occupational hearing
loss.
1904.11 Recording criteria for work-related tuberculosis cases.
1904.13-1904.28 [Reserved]
1904.29 Forms.
Subpart D_Other OSHA Injury and Illness Recordkeeping Requirements
1904.30 Multiple business establishments.
1904.31 Covered employees.
1904.32 Annual summary.
1904.33 Retention and updating.
1904.34 Change in business ownership.
1904.35 Employee involvement.
1904.36 Prohibition against discrimination.
1904.37 State recordkeeping regulations.
1904.38 Variances from the recordkeeping rule.
Subpart E_Reporting Fatality, Injury and Illness Information to the
Government
1904.39 Reporting fatalities, hospitalizations, amputations, and losses
of an eye as a result of work-related incidents to OSHA.
1904.40 Providing records to government representatives.
1904.41 Annual OSHA Injury and Illness Survey of Ten or More Employers.
1904.42 Requests from the Bureau of Labor Statistics for data.
Appendix A to Subpart E to Part 1904--Designated Industries for Sec.
1904.41(a)(2) Annual Electronic Submission of OSHA Form 300A
Summary of Work-Related Injuries and Illnesses by
Establishments With 20 or More Employees but Fewer Than 250
Employees in Designated Industries
Subpart F_Transition From the Former Rule
1904.43 Summary and posting of year 2000 data.
1904.44 Retention and updating of old forms.
1904.45 OMB control numbers under the Paperwork Reduction Act.
Subpart G_Definitions
1904.46 Definitions.
Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Source: 66 FR 6122, Jan. 19, 2001, unless otherwise noted.
Subpart A_Purpose
Sec. 1904.0 Purpose.
The purpose of this rule (Part 1904) is to require employers to
record and report work-related fatalities, injuries and illnesses.
Note to Sec. 1904.0: Recording or reporting a work-related injury,
illness, or fatality does not mean that the employer or employee was at
fault, that an OSHA rule has been violated, or that the employee is
eligible for workers' compensation or other benefits.
Subpart B_Scope
Note to subpart B: All employers covered by the Occupational Safety
and Health Act (OSH Act) are covered by these part 1904 regulations.
However, most employers do not have to keep OSHA injury and illness
records unless OSHA or the Bureau of Labor Statistics (BLS) informs them
in writing that they must keep records. For example, employers with 10
or fewer employees and business establishments in certain industry
classifications are partially exempt from keeping OSHA injury and
illness records.
Sec. 1904.1 Partial exemption for employers with 10 or fewer
employees.
(a) Basic requirement. (1) If your company had ten (10) or fewer
employees at all times during the last calendar year, you do not need to
keep OSHA injury and illness records unless OSHA or the BLS informs you
in writing that you
[[Page 49]]
must keep records under Sec. 1904.41 or Sec. 1904.42. However, as
required by Sec. 1904.39, all employers covered by the OSH Act must
report to OSHA any workplace incident that results in a fatality or the
hospitalization of three or more employees.
(2) If your company had more than ten (10) employees at any time
during the last calendar year, you must keep OSHA injury and illness
records unless your establishment is classified as a partially exempt
industry under Sec. 1904.2.
(b) Implementation--(1) Is the partial exemption for size based on
the size of my entire company or on the size of an individual business
establishment? The partial exemption for size is based on the number of
employees in the entire company.
(2) How do I determine the size of my company to find out if I
qualify for the partial exemption for size? To determine if you are
exempt because of size, you need to determine your company's peak
employment during the last calendar year. If you had no more than 10
employees at any time in the last calendar year, your company qualifies
for the partial exemption for size.
Sec. 1904.2 Partial exemption for establishments in certain
industries.
(a) Basic requirement. (1) If your business establishment is
classified in a specific industry group listed in appendix A to this
subpart, you do not need to keep OSHA injury and illness records unless
the government asks you to keep the records under Sec. 1904.41 or Sec.
1904.42. However, all employers must report to OSHA any workplace
incident that results in an employee's fatality, in-patient
hospitalization, amputation, or loss of an eye (see Sec. 1904.39).
(2) If one or more of your company's establishments are classified
in a non-exempt industry, you must keep OSHA injury and illness records
for all of such establishments unless your company is partially exempted
because of size under Sec. 1904.1.
(b) Implementation--(1) Is the partial industry classification
exemption based on the industry classification of my entire company or
on the classification of individual business establishments operated by
my company? The partial industry classification exemption applies to
individual business establishments. If a company has several business
establishments engaged in different classes of business activities, some
of the company's establishments may be required to keep records, while
others may be partially exempt.
(2) How do I determine the correct NAICS code for my company or for
individual establishments? You can determine your NAICS code by using
one of three methods, or you may contact your nearest OSHA office or
State agency for help in determining your NAICS code:
(i) You can use the search feature at the U.S. Census Bureau NAICS
main Web page: http://www.census.gov/eos/www/naics/. In the search box
for the most recent NAICS, enter a keyword that describes your kind of
business. A list of primary business activities containing that keyword
and the corresponding NAICS codes will appear. Choose the one that most
closely corresponds to your primary business activity, or refine your
search to obtain other choices.
(ii) Rather than searching through a list of primary business
activities, you may also view the most recent complete NAICS structure
with codes and titles by clicking on the link for the most recent NAICS
on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/
eos/www/naics/. Then click on the two-digit Sector code to see all the
NAICS codes under that Sector. Then choose the six-digit code of your
interest to see the corresponding definition, as well as cross-
references and index items, when available.
(iii) If you know your old SIC code, you can also find the
appropriate 2002 NAICS code by using the detailed conversion
(concordance) between the 1987 SIC and 2002 NAICS available in Excel
format for download at the ``Concordances'' link at the U.S. Census
Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/.
[66 FR 6122, Jan. 19, 2001, as amended at 79 FR 56186, Sept. 18, 2014]
[[Page 50]]
Sec. 1904.3 Keeping records for more than one agency.
If you create records to comply with another government agency's
injury and illness recordkeeping requirements, OSHA will consider those
records as meeting OSHA's part 1904 recordkeeping requirements if OSHA
accepts the other agency's records under a memorandum of understanding
with that agency, or if the other agency's records contain the same
information as this part 1904 requires you to record. You may contact
your nearest OSHA office or State agency for help in determining whether
your records meet OSHA's requirements.
Sec. Non-Mandatory Appendix A to Subpart B of Part 1904--Partially
Exempt Industries
Employers are not required to keep OSHA injury and illness records
for any establishment classified in the following North American
Industry Classification System (NAICS) codes, unless they are asked in
writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a
state agency operating under the authority of OSHA or the BLS. All
employers, including those partially exempted by reason of company size
or industry classification, must report to OSHA any employee's fatality,
in-patient hospitalization, amputation, or loss of an eye (see Sec.
1904.39).
------------------------------------------------------------------------
NAICS Code Industry
------------------------------------------------------------------------
4412........................... Other Motor Vehicle Dealers.
4431........................... Electronics and Appliance Stores.
4461........................... Health and Personal Care Stores.
4471........................... Gasoline Stations.
4481........................... Clothing Stores.
4482........................... Shoe Stores.
4483........................... Jewelry, Luggage, and Leather Goods
Stores.
4511........................... Sporting Goods, Hobby, and Musical
Instrument Stores.
4512........................... Book, Periodical, and Music Stores.
4531........................... Florists.
4532........................... Office Supplies, Stationery, and Gift
Stores.
4812........................... Nonscheduled Air Transportation.
4861........................... Pipeline Transportation of Crude Oil.
4862........................... Pipeline Transportation of Natural Gas.
4869........................... Other Pipeline Transportation.
4879........................... Scenic and Sightseeing Transportation,
Other.
4885........................... Freight Transportation Arrangement.
5111........................... Newspaper, Periodical, Book, and
Directory Publishers.
5112........................... Software Publishers.
5121........................... Motion Picture and Video Industries.
5122........................... Sound Recording Industries.
5151........................... Radio and Television Broadcasting.
5172........................... Wireless Telecommunications Carriers
(except Satellite).
5173........................... Telecommunications Resellers.
5179........................... Other Telecommunications.
5181........................... Internet Service Providers and Web
Search Portals.
5182........................... Data Processing, Hosting, and Related
Services.
5191........................... Other Information Services.
5211........................... Monetary Authorities--Central Bank.
5221........................... Depository Credit Intermediation.
5222........................... Nondepository Credit Intermediation.
5223........................... Activities Related to Credit
Intermediation.
5231........................... Securities and Commodity Contracts
Intermediation and Brokerage.
5232........................... Securities and Commodity Exchanges.
5239........................... Other Financial Investment Activities.
5241........................... Insurance Carriers.
5242........................... Agencies, Brokerages, and Other
Insurance Related Activities.
5251........................... Insurance and Employee Benefit Funds.
5259........................... Other Investment Pools and Funds.
5312........................... Offices of Real Estate Agents and
Brokers.
5331........................... Lessors of Nonfinancial Intangible
Assets (except Copyrighted Works).
5411........................... Legal Services.
5412........................... Accounting, Tax Preparation,
Bookkeeping, and Payroll Services.
5413........................... Architectural, Engineering, and Related
Services.
5414........................... Specialized Design Services.
5415........................... Computer Systems Design and Related
Services.
5416........................... Management, Scientific, and Technical
Consulting Services.
5417........................... Scientific Research and Development
Services.
5418........................... Advertising and Related Services.
5511........................... Management of Companies and
Enterprises.
5611........................... Office Administrative Services.
5614........................... Business Support Services.
5615........................... Travel Arrangement and Reservation
Services.
5616........................... Investigation and Security Services.
6111........................... Elementary and Secondary Schools.
6112........................... Junior Colleges.
6113........................... Colleges, Universities, and
Professional Schools.
6114........................... Business Schools and Computer and
Management Training.
6115........................... Technical and Trade Schools.
6116........................... Other Schools and Instruction.
6117........................... Educational Support Services.
6211........................... Offices of Physicians.
6212........................... Offices of Dentists.
6213........................... Offices of Other Health Practitioners.
6214........................... Outpatient Care Centers.
6215........................... Medical and Diagnostic Laboratories.
6244........................... Child Day Care Services.
7114........................... Agents and Managers for Artists,
Athletes, Entertainers, and Other
Public Figures.
7115........................... Independent Artists, Writers, and
Performers.
7213........................... Rooming and Boarding Houses.
7221........................... Full-Service Restaurants.
7222........................... Limited-Service Eating Places.
7224........................... Drinking Places (Alcoholic Beverages).
8112........................... Electronic and Precision Equipment
Repair and Maintenance.
8114........................... Personal and Household Goods Repair and
Maintenance.
8121........................... Personal Care Services.
8122........................... Death Care Services.
8131........................... Religious Organizations.
8132........................... Grantmaking and Giving Services.
8133........................... Social Advocacy Organizations.
8134........................... Civic and Social Organizations.
8139........................... Business, Professional, Labor,
Political, and Similar Organizations.
------------------------------------------------------------------------
[79 FR 56186, Sept. 18, 2014]
[[Page 51]]
Subpart C_Recordkeeping Forms and Recording Criteria
Note to subpart C: This subpart describes the work-related injuries
and illnesses that an employer must enter into the OSHA records and
explains the OSHA forms that employers must use to record work-related
fatalities, injuries, and illnesses.
Sec. 1904.4 Recording criteria.
(a) Basic requirement. Each employer required by this part to keep
records of fatalities, injuries, and illnesses must record each
fatality, injury and illness that:
(1) Is work-related; and
(2) Is a new case; and
(3) Meets one or more of the general recording criteria of Sec.
1904.7 or the application to specific cases of Sec. Sec. 1904.8 through
1904.12.
(b) Implementation--(1) What sections of this rule describe
recording criteria for recording work-related injuries and illnesses?
The table below indicates which sections of the rule address each topic.
(i) Determination of work-relatedness. See Sec. 1904.5.
(ii) Determination of a new case. See Sec. 1904.6.
(iii) General recording criteria. See Sec. 1904.7.
(iv) Additional criteria. (Needlestick and sharps injury cases,
tuberculosis cases, hearing loss cases, medical removal cases, and
musculoskeletal disorder cases). See Sec. Sec. 1904.8 through 1904.12.
(2) How do I decide whether a particular injury or illness is
recordable? The decision tree for recording work-related injuries and
illnesses below shows the steps involved in making this determination.
[[Page 52]]
[GRAPHIC] [TIFF OMITTED] TR19JA01.098
Sec. 1904.5 Determination of work-relatedness.
(a) Basic requirement. You must consider an injury or illness to be
work-related if an event or exposure in the work environment either
caused or contributed to the resulting condition or significantly
aggravated a pre-existing injury or illness. Work-relatedness is
presumed for injuries and illnesses resulting from events or exposures
occurring in the work environment, unless an exception in Sec.
1904.5(b)(2) specifically applies.
(b) Implementation. (1) What is the ``work environment''? OSHA
defines the work environment as ``the establishment and other locations
where one or more employees are working or are present as a condition of
their employment. The work environment includes not only physical
locations, but also the equipment or materials used by the employee
during the course of his or her work.''
(2) Are there situations where an injury or illness occurs in the
work environment and is not considered work-related? Yes, an injury or
illness occurring in the work environment that falls under one of the
following exceptions is not work-related, and therefore is not
recordable.
[[Page 53]]
------------------------------------------------------------------------
You are not required to record injuries and
1904.5(b)(2) illnesses if . . .
------------------------------------------------------------------------
(i).................. At the time of the injury or illness, the
employee was present in the work environment as
a member of the general public rather than as an
employee.
(ii)................. The injury or illness involves signs or symptoms
that surface at work but result solely from a
non-work-related event or exposure that occurs
outside the work environment.
(iii)................ The injury or illness results solely from
voluntary participation in a wellness program or
in a medical, fitness, or recreational activity
such as blood donation, physical examination,
flu shot, exercise class, racquetball, or
baseball.
(iv)................. The injury or illness is solely the result of an
employee eating, drinking, or preparing food or
drink for personal consumption (whether bought
on the employer's premises or brought in). For
example, if the employee is injured by choking
on a sandwich while in the employer's
establishment, the case would not be considered
work-related.
Note: If the employee is made ill by ingesting
food contaminated by workplace contaminants
(such as lead), or gets food poisoning from food
supplied by the employer, the case would be
considered work-related.
(v).................. The injury or illness is solely the result of an
employee doing personal tasks (unrelated to
their employment) at the establishment outside
of the employee's assigned working hours.
(vi)................. The injury or illness is solely the result of
personal grooming, self medication for a non-
work-related condition, or is intentionally self-
inflicted.
(vii)................ The injury or illness is caused by a motor
vehicle accident and occurs on a company parking
lot or company access road while the employee is
commuting to or from work.
(viii)............... The illness is the common cold or flu (Note:
contagious diseases such as tuberculosis,
brucellosis, hepatitis A, or plague are
considered work-related if the employee is
infected at work).
(ix)................. The illness is a mental illness. Mental illness
will not be considered work-related unless the
employee voluntarily provides the employer with
an opinion from a physician or other licensed
health care professional with appropriate
training and experience (psychiatrist,
psychologist, psychiatric nurse practitioner,
etc.) stating that the employee has a mental
illness that is work-related.
------------------------------------------------------------------------
(3) How do I handle a case if it is not obvious whether the
precipitating event or exposure occurred in the work environment or
occurred away from work? In these situations, you must evaluate the
employee's work duties and environment to decide whether or not one or
more events or exposures in the work environment either caused or
contributed to the resulting condition or significantly aggravated a
pre-existing condition.
(4) How do I know if an event or exposure in the work environment
``significantly aggravated'' a preexisting injury or illness? A
preexisting injury or illness has been significantly aggravated, for
purposes of OSHA injury and illness recordkeeping, when an event or
exposure in the work environment results in any of the following:
(i) Death, provided that the preexisting injury or illness would
likely not have resulted in death but for the occupational event or
exposure.
(ii) Loss of consciousness, provided that the preexisting injury or
illness would likely not have resulted in loss of consciousness but for
the occupational event or exposure.
(iii) One or more days away from work, or days of restricted work,
or days of job transfer that otherwise would not have occurred but for
the occupational event or exposure.
(iv) Medical treatment in a case where no medical treatment was
needed for the injury or illness before the workplace event or exposure,
or a change in medical treatment was necessitated by the workplace event
or exposure.
(5) Which injuries and illnesses are considered pre-existing
conditions? An injury or illness is a preexisting condition if it
resulted solely from a non-work-related event or exposure that occured
outside the work environment.
(6) How do I decide whether an injury or illness is work-related if
the employee is on travel status at the time the injury or illness
occurs? Injuries and illnesses that occur while an employee is on travel
status are work-related if, at the time of the injury or illness, the
employee was engaged in work activities ``in the interest of the
employer.'' Examples of such activities include travel to and from
customer contacts, conducting job tasks, and entertaining or being
entertained to transact, discuss, or promote business (work-related
entertainment includes only entertainment activities being engaged in at
the direction of the employer).
Injuries or illnesses that occur when the employee is on travel
status do not have to be recorded if they meet one of the exceptions
listed below.
[[Page 54]]
----------------------------------------------------------------------------------------------------------------
You may use the following to
1904.5 (b)(6) If the employee has . . . determine if an injury or
illness is work-related
----------------------------------------------------------------------------------------------------------------
(i)..................... checked into a hotel or motel for one or more days.. When a traveling employee checks
into a hotel, motel, or into an
other temporary residence, he
or she establishes a ``home
away from home.'' You must
evaluate the employee's
activities after he or she
checks into the hotel, motel,
or other temporary residence
for their work-relatedness in
the same manner as you evaluate
the activities of a non-
traveling employee. When the
employee checks into the
temporary residence, he or she
is considered to have left the
work environment. When the
employee begins work each day,
he or she re-enters the work
environment. If the employee
has established a ``home away
from home'' and is reporting to
a fixed worksite each day, you
also do not consider injuries
or illnesses work-related if
they occur while the employee
is commuting between the
temporary residence and the job
location.
(ii).................... taken a detour for personal reasons................. Injuries or illnesses are not
considered work-related if they
occur while the employee is on
a personal detour from a
reasonably direct route of
travel (e.g., has taken a side
trip for personal reasons).
----------------------------------------------------------------------------------------------------------------
(7) How do I decide if a case is work-related when the employee is
working at home? Injuries and illnesses that occur while an employee is
working at home, including work in a home office, will be considered
work-related if the injury or illness occurs while the employee is
performing work for pay or compensation in the home, and the injury or
illness is directly related to the performance of work rather than to
the general home environment or setting. For example, if an employee
drops a box of work documents and injures his or her foot, the case is
considered work-related. If an employee's fingernail is punctured by a
needle from a sewing machine used to perform garment work at home,
becomes infected and requires medical treatment, the injury is
considered work-related. If an employee is injured because he or she
trips on the family dog while rushing to answer a work phone call, the
case is not considered work-related. If an employee working at home is
electrocuted because of faulty home wiring, the injury is not considered
work-related.
Sec. 1904.6 Determination of new cases.
(a) Basic requirement. You must consider an injury or illness to be
a ``new case'' if:
(1) The employee has not previously experienced a recorded injury or
illness of the same type that affects the same part of the body, or
(2) The employee previously experienced a recorded injury or illness
of the same type that affected the same part of the body but had
recovered completely (all signs and symptoms had disappeared) from the
previous injury or illness and an event or exposure in the work
environment caused the signs or symptoms to reappear.
(b) Implementation--(1) When an employee experiences the signs or
symptoms of a chronic work-related illness, do I need to consider each
recurrence of signs or symptoms to be a new case? No, for occupational
illnesses where the signs or symptoms may recur or continue in the
absence of an exposure in the workplace, the case must only be recorded
once. Examples may include occupational cancer, asbestosis, byssinosis
and silicosis.
(2) When an employee experiences the signs or symptoms of an injury
or illness as a result of an event or exposure in the workplace, such as
an episode of occupational asthma, must I treat the episode as a new
case? Yes, because the episode or recurrence was caused by an event or
exposure in the workplace, the incident must be treated as a new case.
(3) May I rely on a physician or other licensed health care
professional to determine whether a case is a new case or a recurrence
of an old case? You are not required to seek the advice of a physician
or other licensed health care professional. However, if you do seek such
advice, you must follow the physician or other licensed health care
professional's recommendation about whether the case is a new case or a
recurrence. If you receive recommendations from two or more physicians
or other
[[Page 55]]
licensed health care professionals, you must make a decision as to which
recommendation is the most authoritative (best documented, best
reasoned, or most authoritative), and record the case based upon that
recommendation.
Sec. 1904.7 General recording criteria.
(a) Basic requirement. You must consider an injury or illness to
meet the general recording criteria, and therefore to be recordable, if
it results in any of the following: death, days away from work,
restricted work or transfer to another job, medical treatment beyond
first aid, or loss of consciousness. You must also consider a case to
meet the general recording criteria if it involves a significant injury
or illness diagnosed by a physician or other licensed health care
professional, even if it does not result in death, days away from work,
restricted work or job transfer, medical treatment beyond first aid, or
loss of consciousness.
(b) Implementation--(1) How do I decide if a case meets one or more
of the general recording criteria? A work-related injury or illness must
be recorded if it results in one or more of the following:
(i) Death. See Sec. 1904.7(b)(2).
(ii) Days away from work. See Sec. 1904.7(b)(3).
(iii) Restricted work or transfer to another job. See Sec.
1904.7(b)(4).
(iv) Medical treatment beyond first aid. See Sec. 1904.7(b)(5).
(v) Loss of consciousness. See Sec. 1904.7(b)(6).
(vi) A significant injury or illness diagnosed by a physician or
other licensed health care professional. See Sec. 1904.7(b)(7).
(2) How do I record a work-related injury or illness that results in
the employee's death? You must record an injury or illness that results
in death by entering a check mark on the OSHA 300 Log in the space for
cases resulting in death. You must also report any work-related fatality
to OSHA within eight (8) hours, as required by Sec. 1904.39.
(3) How do I record a work-related injury or illness that results in
days away from work? When an injury or illness involves one or more days
away from work, you must record the injury or illness on the OSHA 300
Log with a check mark in the space for cases involving days away and an
entry of the number of calendar days away from work in the number of
days column. If the employee is out for an extended period of time, you
must enter an estimate of the days that the employee will be away, and
update the day count when the actual number of days is known.
(i) Do I count the day on which the injury occurred or the illness
began? No, you begin counting days away on the day after the injury
occurred or the illness began.
(ii) How do I record an injury or illness when a physician or other
licensed health care professional recommends that the worker stay at
home but the employee comes to work anyway? You must record these
injuries and illnesses on the OSHA 300 Log using the check box for cases
with days away from work and enter the number of calendar days away
recommended by the physician or other licensed health care professional.
If a physician or other licensed health care professional recommends
days away, you should encourage your employee to follow that
recommendation. However, the days away must be recorded whether the
injured or ill employee follows the physician or licensed health care
professional's recommendation or not. If you receive recommendations
from two or more physicians or other licensed health care professionals,
you may make a decision as to which recommendation is the most
authoritative, and record the case based upon that recommendation.
(iii) How do I handle a case when a physician or other licensed
health care professional recommends that the worker return to work but
the employee stays at home anyway? In this situation, you must end the
count of days away from work on the date the physician or other licensed
health care professional recommends that the employee return to work.
(iv) How do I count weekends, holidays, or other days the employee
would not have worked anyway? You must count the number of calendar days
the employee was unable to work as a result of the injury or illness,
regardless of whether or not the employee was scheduled to work on those
day(s). Weekend days, holidays, vacation days
[[Page 56]]
or other days off are included in the total number of days recorded if
the employee would not have been able to work on those days because of a
work-related injury or illness.
(v) How do I record a case in which a worker is injured or becomes
ill on a Friday and reports to work on a Monday, and was not scheduled
to work on the weekend? You need to record this case only if you receive
information from a physician or other licensed health care professional
indicating that the employee should not have worked, or should have
performed only restricted work, during the weekend. If so, you must
record the injury or illness as a case with days away from work or
restricted work, and enter the day counts, as appropriate.
(vi) How do I record a case in which a worker is injured or becomes
ill on the day before scheduled time off such as a holiday, a planned
vacation, or a temporary plant closing? You need to record a case of
this type only if you receive information from a physician or other
licensed health care professional indicating that the employee should
not have worked, or should have performed only restricted work, during
the scheduled time off. If so, you must record the injury or illness as
a case with days away from work or restricted work, and enter the day
counts, as appropriate.
(vii) Is there a limit to the number of days away from work I must
count? Yes, you may ``cap'' the total days away at 180 calendar days.
You are not required to keep track of the number of calendar days away
from work if the injury or illness resulted in more than 180 calendar
days away from work and/or days of job transfer or restriction. In such
a case, entering 180 in the total days away column will be considered
adequate.
(viii) May I stop counting days if an employee who is away from work
because of an injury or illness retires or leaves my company? Yes, if
the employee leaves your company for some reason unrelated to the injury
or illness, such as retirement, a plant closing, or to take another job,
you may stop counting days away from work or days of restriction/job
transfer. If the employee leaves your company because of the injury or
illness, you must estimate the total number of days away or days of
restriction/job transfer and enter the day count on the 300 Log.
(ix) If a case occurs in one year but results in days away during
the next calendar year, do I record the case in both years? No, you only
record the injury or illness once. You must enter the number of calendar
days away for the injury or illness on the OSHA 300 Log for the year in
which the injury or illness occurred. If the employee is still away from
work because of the injury or illness when you prepare the annual
summary, estimate the total number of calendar days you expect the
employee to be away from work, use this number to calculate the total
for the annual summary, and then update the initial log entry later when
the day count is known or reaches the 180-day cap.
(4) How do I record a work-related injury or illness that results in
restricted work or job transfer? When an injury or illness involves
restricted work or job transfer but does not involve death or days away
from work, you must record the injury or illness on the OSHA 300 Log by
placing a check mark in the space for job transfer or restriction and an
entry of the number of restricted or transferred days in the restricted
workdays column.
(i) How do I decide if the injury or illness resulted in restricted
work? Restricted work occurs when, as the result of a work-related
injury or illness:
(A) You keep the employee from performing one or more of the routine
functions of his or her job, or from working the full workday that he or
she would otherwise have been scheduled to work; or
(B) A physician or other licensed health care professional
recommends that the employee not perform one or more of the routine
functions of his or her job, or not work the full workday that he or she
would otherwise have been scheduled to work.
(ii) What is meant by ``routine functions''? For recordkeeping
purposes, an employee's routine functions are those work activities the
employee regularly performs at least once per week.
(iii) Do I have to record restricted work or job transfer if it
applies only to the day
[[Page 57]]
on which the injury occurred or the illness began? No, you do not have
to record restricted work or job transfers if you, or the physician or
other licensed health care professional, impose the restriction or
transfer only for the day on which the injury occurred or the illness
began.
(iv) If you or a physician or other licensed health care
professional recommends a work restriction, is the injury or illness
automatically recordable as a ``restricted work'' case? No, a
recommended work restriction is recordable only if it affects one or
more of the employee's routine job functions. To determine whether this
is the case, you must evaluate the restriction in light of the routine
functions of the injured or ill employee's job. If the restriction from
you or the physician or other licensed health care professional keeps
the employee from performing one or more of his or her routine job
functions, or from working the full workday the injured or ill employee
would otherwise have worked, the employee's work has been restricted and
you must record the case.
(v) How do I record a case where the worker works only for a partial
work shift because of a work-related injury or illness? A partial day of
work is recorded as a day of job transfer or restriction for
recordkeeping purposes, except for the day on which the injury occurred
or the illness began.
(vi) If the injured or ill worker produces fewer goods or services
than he or she would have produced prior to the injury or illness but
otherwise performs all of the routine functions of his or her work, is
the case considered a restricted work case? No, the case is considered
restricted work only if the worker does not perform all of the routine
functions of his or her job or does not work the full shift that he or
she would otherwise have worked.
(vii) How do I handle vague restrictions from a physician or other
licensed health care professional, such as that the employee engage only
in ``light duty'' or ``take it easy for a week''? If you are not clear
about the physician or other licensed health care professional's
recommendation, you may ask that person whether the employee can do all
of his or her routine job functions and work all of his or her normally
assigned work shift. If the answer to both of these questions is
``Yes,'' then the case does not involve a work restriction and does not
have to be recorded as such. If the answer to one or both of these
questions is ``No,'' the case involves restricted work and must be
recorded as a restricted work case. If you are unable to obtain this
additional information from the physician or other licensed health care
professional who recommended the restriction, record the injury or
illness as a case involving restricted work.
(viii) What do I do if a physician or other licensed health care
professional recommends a job restriction meeting OSHA's definition, but
the employee does all of his or her routine job functions anyway? You
must record the injury or illness on the OSHA 300 Log as a restricted
work case. If a physician or other licensed health care professional
recommends a job restriction, you should ensure that the employee
complies with that restriction. If you receive recommendations from two
or more physicians or other licensed health care professionals, you may
make a decision as to which recommendation is the most authoritative,
and record the case based upon that recommendation.
(ix) How do I decide if an injury or illness involved a transfer to
another job? If you assign an injured or ill employee to a job other
than his or her regular job for part of the day, the case involves
transfer to another job. Note: This does not include the day on which
the injury or illness occurred.
(x) Are transfers to another job recorded in the same way as
restricted work cases? Yes, both job transfer and restricted work cases
are recorded in the same box on the OSHA 300 Log. For example, if you
assign, or a physician or other licensed health care professional
recommends that you assign, an injured or ill worker to his or her
routine job duties for part of the day and to another job for the rest
of the day, the injury or illness involves a job transfer. You must
record an injury or illness that involves a job transfer by placing a
check in the box for job transfer.
(xi) How do I count days of job transfer or restriction? You count
days of job
[[Page 58]]
transfer or restriction in the same way you count days away from work,
using Sec. 1904.7(b)(3)(i) to (viii), above. The only difference is
that, if you permanently assign the injured or ill employee to a job
that has been modified or permanently changed in a manner that
eliminates the routine functions the employee was restricted from
performing, you may stop the day count when the modification or change
is made permanent. You must count at least one day of restricted work or
job transfer for such cases.
(5) How do I record an injury or illness that involves medical
treatment beyond first aid? If a work-related injury or illness results
in medical treatment beyond first aid, you must record it on the OSHA
300 Log. If the injury or illness did not involve death, one or more
days away from work, one or more days of restricted work, or one or more
days of job transfer, you enter a check mark in the box for cases where
the employee received medical treatment but remained at work and was not
transferred or restricted.
(i) What is the definition of medical treatment? ``Medical
treatment'' means the management and care of a patient to combat disease
or disorder. For the purposes of part 1904, medical treatment does not
include:
(A) Visits to a physician or other licensed health care professional
solely for observation or counseling;
(B) The conduct of diagnostic procedures, such as x-rays and blood
tests, including the administration of prescription medications used
solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
(C) ``First aid'' as defined in paragraph (b)(5)(ii) of this
section.
(ii) What is ``first aid''? For the purposes of part 1904, ``first
aid'' means the following:
(A) Using a non-prescription medication at nonprescription strength
(for medications available in both prescription and non-prescription
form, a recommendation by a physician or other licensed health care
professional to use a non-prescription medication at prescription
strength is considered medical treatment for recordkeeping purposes);
(B) Administering tetanus immunizations (other immunizations, such
as Hepatitis B vaccine or rabies vaccine, are considered medical
treatment);
(C) Cleaning, flushing or soaking wounds on the surface of the skin;
(D) Using wound coverings such as bandages, Band-Aids \TM\, gauze
pads, etc.; or using butterfly bandages or Steri-Strips \TM\ (other
wound closing devices such as sutures, staples, etc., are considered
medical treatment);
(E) Using hot or cold therapy;
(F) Using any non-rigid means of support, such as elastic bandages,
wraps, non-rigid back belts, etc. (devices with rigid stays or other
systems designed to immobilize parts of the body are considered medical
treatment for recordkeeping purposes);
(G) Using temporary immobilization devices while transporting an
accident victim (e.g., splints, slings, neck collars, back boards,
etc.).
(H) Drilling of a fingernail or toenail to relieve pressure, or
draining fluid from a blister;
(I) Using eye patches;
(J) Removing foreign bodies from the eye using only irrigation or a
cotton swab;
(K) Removing splinters or foreign material from areas other than the
eye by irrigation, tweezers, cotton swabs or other simple means;
(L) Using finger guards;
(M) Using massages (physical therapy or chiropractic treatment are
considered medical treatment for recordkeeping purposes); or
(N) Drinking fluids for relief of heat stress.
(iii) Are any other procedures included in first aid? No, this is a
complete list of all treatments considered first aid for part 1904
purposes.
(iv) Does the professional status of the person providing the
treatment have any effect on what is considered first aid or medical
treatment? No, OSHA considers the treatments listed in Sec.
1904.7(b)(5)(ii) of this part to be first aid regardless of the
professional status of the person providing the treatment. Even when
these treatments are provided by a physician or other licensed health
care professional, they are considered first
[[Page 59]]
aid for the purposes of part 1904. Similarly, OSHA considers treatment
beyond first aid to be medical treatment even when it is provided by
someone other than a physician or other licensed health care
professional.
(v) What if a physician or other licensed health care professional
recommends medical treatment but the employee does not follow the
recommendation? If a physician or other licensed health care
professional recommends medical treatment, you should encourage the
injured or ill employee to follow that recommendation. However, you must
record the case even if the injured or ill employee does not follow the
physician or other licensed health care professional's recommendation.
(6) Is every work-related injury or illness case involving a loss of
consciousness recordable? Yes, you must record a work-related injury or
illness if the worker becomes unconscious, regardless of the length of
time the employee remains unconscious.
(7) What is a ``significant'' diagnosed injury or illness that is
recordable under the general criteria even if it does not result in
death, days away from work, restricted work or job transfer, medical
treatment beyond first aid, or loss of consciousness? Work-related cases
involving cancer, chronic irreversible disease, a fractured or cracked
bone, or a punctured eardrum must always be recorded under the general
criteria at the time of diagnosis by a physician or other licensed
health care professional.
Note to Sec. 1904.7: OSHA believes that most significant injuries
and illnesses will result in one of the criteria listed in Sec.
1904.7(a): death, days away from work, restricted work or job transfer,
medical treatment beyond first aid, or loss of consciousness. However,
there are some significant injuries, such as a punctured eardrum or a
fractured toe or rib, for which neither medical treatment nor work
restrictions may be recommended. In addition, there are some significant
progressive diseases, such as byssinosis, silicosis, and some types of
cancer, for which medical treatment or work restrictions may not be
recommended at the time of diagnosis but are likely to be recommended as
the disease progresses. OSHA believes that cancer, chronic irreversible
diseases, fractured or cracked bones, and punctured eardrums are
generally considered significant injuries and illnesses, and must be
recorded at the initial diagnosis even if medical treatment or work
restrictions are not recommended, or are postponed, in a particular
case.
Sec. 1904.8 Recording criteria for needlestick and sharps injuries.
(a) Basic requirement. You must record all work-related needlestick
injuries and cuts from sharp objects that are contaminated with another
person's blood or other potentially infectious material (as defined by
29 CFR 1910.1030). You must enter the case on the OSHA 300 Log as an
injury. To protect the employee's privacy, you may not enter the
employee's name on the OSHA 300 Log (see the requirements for privacy
cases in paragraphs 1904.29(b)(6) through 1904.29(b)(9)).
(b) Implementation--(1) What does ``other potentially infectious
material'' mean? The term ``other potentially infectious materials'' is
defined in the OSHA Bloodborne Pathogens standard at Sec. 1910.1030(b).
These materials include:
(i) Human bodily fluids, tissues and organs, and
(ii) Other materials infected with the HIV or hepatitis B (HBV)
virus such as laboratory cultures or tissues from experimental animals.
(2) Does this mean that I must record all cuts, lacerations,
punctures, and scratches? No, you need to record cuts, lacerations,
punctures, and scratches only if they are work-related and involve
contamination with another person's blood or other potentially
infectious material. If the cut, laceration, or scratch involves a clean
object, or a contaminant other than blood or other potentially
infectious material, you need to record the case only if it meets one or
more of the recording criteria in Sec. 1904.7.
(3) If I record an injury and the employee is later diagnosed with
an infectious bloodborne disease, do I need to update the OSHA 300 Log?
Yes, you must update the classification of the case on the OSHA 300 Log
if the case results in death, days away from work, restricted work, or
job transfer. You must also update the description to identify the
infectious disease and change the classification of the case from an
injury to an illness.
[[Page 60]]
(4) What if one of my employees is splashed or exposed to blood or
other potentially infectious material without being cut or scratched? Do
I need to record this incident? You need to record such an incident on
the OSHA 300 Log as an illness if:
(i) It results in the diagnosis of a bloodborne illness, such as
HIV, hepatitis B, or hepatitis C; or
(ii) It meets one or more of the recording criteria in Sec. 1904.7.
Sec. 1904.9 Recording criteria for cases involving medical removal
under OSHA standards.
(a) Basic requirement. If an employee is medically removed under the
medical surveillance requirements of an OSHA standard, you must record
the case on the OSHA 300 Log.
(b) Implementation--(1) How do I classify medical removal cases on
the OSHA 300 Log? You must enter each medical removal case on the OSHA
300 Log as either a case involving days away from work or a case
involving restricted work activity, depending on how you decide to
comply with the medical removal requirement. If the medical removal is
the result of a chemical exposure, you must enter the case on the OSHA
300 Log by checking the ``poisoning'' column.
(2) Do all of OSHA's standards have medical removal provisions? No,
some OSHA standards, such as the standards covering bloodborne pathogens
and noise, do not have medical removal provisions. Many OSHA standards
that cover specific chemical substances have medical removal provisions.
These standards include, but are not limited to, lead, cadmium,
methylene chloride, formaldehyde, and benzene.
(3) Do I have to record a case where I voluntarily removed the
employee from exposure before the medical removal criteria in an OSHA
standard are met? No, if the case involves voluntary medical removal
before the medical removal levels required by an OSHA standard, you do
not need to record the case on the OSHA 300 Log.
Sec. 1904.10 Recording criteria for cases involving occupational
hearing loss.
(a) Basic requirement. If an employee's hearing test (audiogram)
reveals that the employee has experienced a work-related Standard
Threshold Shift (STS) in hearing in one or both ears, and the employee's
total hearing level is 25 decibels (dB) or more above audiometric zero
(averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you
must record the case on the OSHA 300 Log.
(b) Implementation--(1) What is a Standard Threshold Shift? A
Standard Threshold Shift, or STS, is defined in the occupational noise
exposure standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing
threshold, relative to the baseline audiogram for that employee, of an
average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz)
in one or both ears.
(2) How do I evaluate the current audiogram to determine whether an
employee has an STS and a 25-dB hearing level?--(i) STS. If the employee
has never previously experienced a recordable hearing loss, you must
compare the employee's current audiogram with that employee's baseline
audiogram. If the employee has previously experienced a recordable
hearing loss, you must compare the employee's current audiogram with the
employee's revised baseline audiogram (the audiogram reflecting the
employee's previous recordable hearing loss case).
(ii) 25-dB loss. Audiometric test results reflect the employee's
overall hearing ability in comparison to audiometric zero. Therefore,
using the employee's current audiogram, you must use the average hearing
level at 2000, 3000, and 4000 Hz to determine whether or not the
employee's total hearing level is 25 dB or more.
(3) May I adjust the current audiogram to reflect the effects of
aging on hearing? Yes. When you are determining whether an STS has
occurred, you may age adjust the employee's current audiogram results by
using Tables F-1 or F-2, as appropriate, in appendix F of 29 CFR
1910.95. You may not use an age adjustment when determining whether the
employee's total hearing level is 25 dB or more above audiometric zero.
(4) Do I have to record the hearing loss if I am going to retest the
employee's hearing? No, if you retest the employee's hearing within 30
days of the first test, and the retest does not confirm
[[Page 61]]
the recordable STS, you are not required to record the hearing loss case
on the OSHA 300 Log. If the retest confirms the recordable STS, you must
record the hearing loss illness within seven (7) calendar days of the
retest. If subsequent audiometric testing performed under the testing
requirements of the Sec. 1910.95 noise standard indicates that an STS
is not persistent, you may erase or line-out the recorded entry.
(5) Are there any special rules for determining whether a hearing
loss case is work-related? No. You must use the rules in Sec. 1904.5 to
determine if the hearing loss is work-related. If an event or exposure
in the work environment either caused or contributed to the hearing
loss, or significantly aggravated a pre-existing hearing loss, you must
consider the case to be work related.
(6) If a physician or other licensed health care professional
determines the hearing loss is not work-related, do I still need to
record the case?If a physician or other licensed health care
professional determines that the hearing loss is not work-related or has
not been significantly aggravated by occupational noise exposure, you
are not required to consider the case work-related or to record the case
on the OSHA 300 Log.
(7) How do I complete the 300 Log for a hearing loss case? When you
enter a recordable hearing loss case on the OSHA 300 Log, you must check
the 300 Log column for hearing loss.
(Note: Sec. 1904.10(b)(7) is effective beginning January 1, 2004.)
[67 FR 44047, July 1, 2002, as amended at 67 FR 77170, Dec. 17, 2002]
Sec. 1904.11 Recording criteria for work-related tuberculosis cases.
(a) Basic requirement. If any of your employees has been
occupationally exposed to anyone with a known case of active
tuberculosis (TB), and that employee subsequently develops a
tuberculosis infection, as evidenced by a positive skin test or
diagnosis by a physician or other licensed health care professional, you
must record the case on the OSHA 300 Log by checking the ``respiratory
condition'' column.
(b) Implementation--(1) Do I have to record, on the Log, a positive
TB skin test result obtained at a pre-employment physical? No, you do
not have to record it because the employee was not occupationally
exposed to a known case of active tuberculosis in your workplace.
(2) May I line-out or erase a recorded TB case if I obtain evidence
that the case was not caused by occupational exposure? Yes, you may
line-out or erase the case from the Log under the following
circumstances:
(i) The worker is living in a household with a person who has been
diagnosed with active TB;
(ii) The Public Health Department has identified the worker as a
contact of an individual with a case of active TB unrelated to the
workplace; or
(iii) A medical investigation shows that the employee's infection
was caused by exposure to TB away from work, or proves that the case was
not related to the workplace TB exposure.
Sec. Sec. 1904.13-1904.28 [Reserved]
Sec. 1904.29 Forms.
(a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms,
or equivalent forms, for recordable injuries and illnesses. The OSHA 300
form is called the Log of Work-Related Injuries and Illnesses, the 300-A
is the Summary of Work-Related Injuries and Illnesses, and the OSHA 301
form is called the Injury and Illness Incident Report.
(b) Implementation--(1) What do I need to do to complete the OSHA
300 Log? You must enter information about your business at the top of
the OSHA 300 Log, enter a one or two line description for each
recordable injury or illness, and summarize this information on the OSHA
300-A at the end of the year.
(2) What do I need to do to complete the OSHA 301 Incident Report?
You must complete an OSHA 301 Incident Report form, or an equivalent
form, for each recordable injury or illness entered on the OSHA 300 Log.
(3) How quickly must each injury or illness be recorded? You must
enter each recordable injury or illness on the OSHA 300 Log and 301
Incident Report within seven (7) calendar days of receiving information
that a recordable injury or illness has occurred.
(4) What is an equivalent form? An equivalent form is one that has
the
[[Page 62]]
same information, is as readable and understandable, and is completed
using the same instructions as the OSHA form it replaces. Many employers
use an insurance form instead of the OSHA 301 Incident Report, or
supplement an insurance form by adding any additional information
required by OSHA.
(5) May I keep my records on a computer? Yes, if the computer can
produce equivalent forms when they are needed, as described under
Sec. Sec. 1904.35 and 1904.40, you may keep your records using the
computer system.
(6) Are there situations where I do not put the employee's name on
the forms for privacy reasons? Yes, if you have a ``privacy concern
case,'' you may not enter the employee's name on the OSHA 300 Log.
Instead, enter ``privacy case'' in the space normally used for the
employee's name. This will protect the privacy of the injured or ill
employee when another employee, a former employee, or an authorized
employee representative is provided access to the OSHA 300 Log under
Sec. 1904.35(b)(2). You must keep a separate, confidential list of the
case numbers and employee names for your privacy concern cases so you
can update the cases and provide the information to the government if
asked to do so.
(7) How do I determine if an injury or illness is a privacy concern
case? You must consider the following injuries or illnesses to be
privacy concern cases:
(i) An injury or illness to an intimate body part or the
reproductive system;
(ii) An injury or illness resulting from a sexual assault;
(iii) Mental illnesses;
(iv) HIV infection, hepatitis, or tuberculosis;
(v) Needlestick injuries and cuts from sharp objects that are
contaminated with another person's blood or other potentially infectious
material (see Sec. 1904.8 for definitions); and
(vi) Other illnesses, if the employee voluntarily requests that his
or her name not be entered on the log.
(8) May I classify any other types of injuries and illnesses as
privacy concern cases? No, this is a complete list of all injuries and
illnesses considered privacy concern cases for part 1904 purposes.
(9) If I have removed the employee's name, but still believe that
the employee may be identified from the information on the forms, is
there anything else that I can do to further protect the employee's
privacy? Yes, if you have a reasonable basis to believe that information
describing the privacy concern case may be personally identifiable even
though the employee's name has been omitted, you may use discretion in
describing the injury or illness on both the OSHA 300 and 301 forms. You
must enter enough information to identify the cause of the incident and
the general severity of the injury or illness, but you do not need to
include details of an intimate or private nature. For example, a sexual
assault case could be described as ``injury from assault,'' or an injury
to a reproductive organ could be described as ``lower abdominal
injury.''
(10) What must I do to protect employee privacy if I wish to provide
access to the OSHA Forms 300 and 301 to persons other than government
representatives, employees, former employees or authorized
representatives? If you decide to voluntarily disclose the Forms to
persons other than government representatives, employees, former
employees or authorized representatives (as required by Sec. Sec.
1904.35 and 1904.40), you must remove or hide the employees' names and
other personally identifying information, except for the following
cases. You may disclose the Forms with personally identifying
information only:
(i) to an auditor or consultant hired by the employer to evaluate
the safety and health program;
(ii) to the extent necessary for processing a claim for workers'
compensation or other insurance benefits; or
(iii) to a public health authority or law enforcement agency for
uses and disclosures for which consent, an authorization, or opportunity
to agree or object is not required under Department of Health and Human
Services Standards for Privacy of Individually Identifiable Health
Information, 45 CFR 164.512.
[66 FR 6122, Jan. 19, 2001, as amended at 66 FR 52034, Oct. 12, 2001; 67
FR 77170, Dec. 17, 2002; 68 FR 38607, June 30, 2003]
[[Page 63]]
Subpart D_Other OSHA Injury and Illness Recordkeeping Requirements
Sec. 1904.30 Multiple business establishments.
(a) Basic requirement. You must keep a separate OSHA 300 Log for
each establishment that is expected to be in operation for one year or
longer.
(b) Implementation--(1) Do I need to keep OSHA injury and illness
records for short-term establishments (i.e., establishments that will
exist for less than a year)? Yes, however, you do not have to keep a
separate OSHA 300 Log for each such establishment. You may keep one OSHA
300 Log that covers all of your short-term establishments. You may also
include the short-term establishments' recordable injuries and illnesses
on an OSHA 300 Log that covers short-term establishments for individual
company divisions or geographic regions.
(2) May I keep the records for all of my establishments at my
headquarters location or at some other central location? Yes, you may
keep the records for an establishment at your headquarters or other
central location if you can:
(i) Transmit information about the injuries and illnesses from the
establishment to the central location within seven (7) calendar days of
receiving information that a recordable injury or illness has occurred;
and
(ii) Produce and send the records from the central location to the
establishment within the time frames required by Sec. Sec. 1904.35 and
1904.40 when you are required to provide records to a government
representative, employees, former employees or employee representatives.
(3) Some of my employees work at several different locations or do
not work at any of my establishments at all. How do I record cases for
these employees? You must link each of your employees with one of your
establishments, for recordkeeping purposes. You must record the injury
and illness on the OSHA 300 Log of the injured or ill employee's
establishment, or on an OSHA 300 Log that covers that employee's short-
term establishment.
(4) How do I record an injury or illness when an employee of one of
my establishments is injured or becomes ill while visiting or working at
another of my establishments, or while working away from any of my
establishments? If the injury or illness occurs at one of your
establishments, you must record the injury or illness on the OSHA 300
Log of the establishment at which the injury or illness occurred. If the
employee is injured or becomes ill and is not at one of your
establishments, you must record the case on the OSHA 300 Log at the
establishment at which the employee normally works.
Sec. 1904.31 Covered employees.
(a) Basic requirement. You must record on the OSHA 300 Log the
recordable injuries and illnesses of all employees on your payroll,
whether they are labor, executive, hourly, salary, part-time, seasonal,
or migrant workers. You also must record the recordable injuries and
illnesses that occur to employees who are not on your payroll if you
supervise these employees on a day-to-day basis. If your business is
organized as a sole proprietorship or partnership, the owner or partners
are not considered employees for recordkeeping purposes.
(b) Implementation--(1) If a self-employed person is injured or
becomes ill while doing work at my business, do I need to record the
injury or illness? No, self-employed individuals are not covered by the
OSH Act or this regulation.
(2) If I obtain employees from a temporary help service, employee
leasing service, or personnel supply service, do I have to record an
injury or illness occurring to one of those employees? You must record
these injuries and illnesses if you supervise these employees on a day-
to-day basis.
(3) If an employee in my establishment is a contractor's employee,
must I record an injury or illness occurring to that employee? If the
contractor's employee is under the day-to-day supervision of the
contractor, the contractor is responsible for recording the injury or
illness. If you supervise the contractor employee's work on a day-to-day
basis, you must record the injury or illness.
(4) Must the personnel supply service, temporary help service,
employee leasing service, or contractor also record the injuries or
illnesses occurring to temporary,
[[Page 64]]
leased or contract employees that I supervise on a day-to-day basis? No,
you and the temporary help service, employee leasing service, personnel
supply service, or contractor should coordinate your efforts to make
sure that each injury and illness is recorded only once: either on your
OSHA 300 Log (if you provide day-to-day supervision) or on the other
employer's OSHA 300 Log (if that company provides day-to-day
supervision).
Sec. 1904.32 Annual summary.
(a) Basic requirement. At the end of each calendar year, you must:
(1) Review the OSHA 300 Log to verify that the entries are complete
and accurate, and correct any deficiencies identified;
(2) Create an annual summary of injuries and illnesses recorded on
the OSHA 300 Log;
(3) Certify the summary; and
(4) Post the annual summary.
(b) Implementation--(1) How extensively do I have to review the OSHA
300 Log entries at the end of the year? You must review the entries as
extensively as necessary to make sure that they are complete and
correct.
(2) How do I complete the annual summary? You must:
(i) Total the columns on the OSHA 300 Log (if you had no recordable
cases, enter zeros for each column total); and
(ii) Enter the calendar year covered, the company's name,
establishment name, establishment address, annual average number of
employees covered by the OSHA 300 Log, and the total hours worked by all
employees covered by the OSHA 300 Log.
(iii) If you are using an equivalent form other than the OSHA 300-A
summary form, as permitted under Sec. 1904.6(b)(4), the summary you use
must also include the employee access and employer penalty statements
found on the OSHA 300-A Summary form.
(3) How do I certify the annual summary? A company executive must
certify that he or she has examined the OSHA 300 Log and that he or she
reasonably believes, based on his or her knowledge of the process by
which the information was recorded, that the annual summary is correct
and complete.
(4) Who is considered a company executive? The company executive who
certifies the log must be one of the following persons:
(i) An owner of the company (only if the company is a sole
proprietorship or partnership);
(ii) An officer of the corporation;
(iii) The highest ranking company official working at the
establishment; or
(iv) The immediate supervisor of the highest ranking company
official working at the establishment.
(5) How do I post the annual summary? You must post a copy of the
annual summary in each establishment in a conspicuous place or places
where notices to employees are customarily posted. You must ensure that
the posted annual summary is not altered, defaced or covered by other
material.
(6) When do I have to post the annual summary? You must post the
summary no later than February 1 of the year following the year covered
by the records and keep the posting in place until April 30.
Sec. 1904.33 Retention and updating.
(a) Basic requirement. You must save the OSHA 300 Log, the privacy
case list (if one exists), the annual summary, and the OSHA 301 Incident
Report forms for five (5) years following the end of the calendar year
that these records cover.
(b) Implementation--(1) Do I have to update the OSHA 300 Log during
the five-year storage period? Yes, during the storage period, you must
update your stored OSHA 300 Logs to include newly discovered recordable
injuries or illnesses and to show any changes that have occurred in the
classification of previously recorded injuries and illnesses. If the
description or outcome of a case changes, you must remove or line out
the original entry and enter the new information.
(2) Do I have to update the annual summary? No, you are not required
to update the annual summary, but you may do so if you wish.
(3) Do I have to update the OSHA 301 Incident Reports? No, you are
not required to update the OSHA 301 Incident Reports, but you may do so
if you wish.
[[Page 65]]
Sec. 1904.34 Change in business ownership.
If your business changes ownership, you are responsible for
recording and reporting work-related injuries and illnesses only for
that period of the year during which you owned the establishment. You
must transfer the part 1904 records to the new owner. The new owner must
save all records of the establishment kept by the prior owner, as
required by Sec. 1904.33 of this Part, but need not update or correct
the records of the prior owner.
Sec. 1904.35 Employee involvement.
(a) Basic requirement. Your employees and their representatives must
be involved in the recordkeeping system in several ways.
(1) You must inform each employee of how he or she is to report an
injury or illness to you.
(2) You must provide limited access to your injury and illness
records for your employees and their representatives.
(b) Implementation--(1) What must I do to make sure that employees
report work-related injuries and illnesses to me? (i) You must set up a
way for employees to report work-related injuries and illnesses
promptly; and
(ii) You must tell each employee how to report work-related injuries
and illnesses to you.
(2) Do I have to give my employees and their representatives access
to the OSHA injury and illness records? Yes, your employees, former
employees, their personal representatives, and their authorized employee
representatives have the right to access the OSHA injury and illness
records, with some limitations, as discussed below.
(i) Who is an authorized employee representative? An authorized
employee representative is an authorized collective bargaining agent of
employees.
(ii) Who is a ``personal representative'' of an employee or former
employee? A personal representative is:
(A) Any person that the employee or former employee designates as
such, in writing; or
(B) The legal representative of a deceased or legally incapacitated
employee or former employee.
(iii) If an employee or representative asks for access to the OSHA
300 Log, when do I have to provide it? When an employee, former
employee, personal representative, or authorized employee representative
asks for copies of your current or stored OSHA 300 Log(s) for an
establishment the employee or former employee has worked in, you must
give the requester a copy of the relevant OSHA 300 Log(s) by the end of
the next business day.
(iv) May I remove the names of the employees or any other
information from the OSHA 300 Log before I give copies to an employee,
former employee, or employee representative? No, you must leave the
names on the 300 Log. However, to protect the privacy of injured and ill
employees, you may not record the employee's name on the OSHA 300 Log
for certain ``privacy concern cases,'' as specified in paragraphs
1904.29(b)(6) through 1904.29(b)(9).
(v) If an employee or representative asks for access to the OSHA 301
Incident Report, when do I have to provide it? (A) When an employee,
former employee, or personal representative asks for a copy of the OSHA
301 Incident Report describing an injury or illness to that employee or
former employee, you must give the requester a copy of the OSHA 301
Incident Report containing that information by the end of the next
business day.
(B) When an authorized employee representative asks for a copies of
the OSHA 301 Incident Reports for an establishment where the agent
represents employees under a collective bargaining agreement, you must
give copies of those forms to the authorized employee representative
within 7 calendar days. You are only required to give the authorized
employee representative information from the OSHA 301 Incident Report
section titled ``Tell us about the case.'' You must remove all other
information from the copy of the OSHA 301 Incident Report or the
equivalent substitute form that you give to the authorized employee
representative.
(vi) May I charge for the copies? No, you may not charge for these
copies the first time they are provided. However, if one of the
designated persons
[[Page 66]]
asks for additional copies, you may assess a reasonable charge for
retrieving and copying the records.
Effective Date Note 1.: At 81 FR 29691, May 12, 2016, Sec. 1904.35
was revised, effective Aug. 10, 2016. For the convenience of the user,
the revised text is set forth as follows:
Sec. 1904.35 Employee involvement.
(a) Basic requirement. Your employees and their representatives must
be involved in the recordkeeping system in several ways.
(1) You must inform each employee of how he or she is to report a
work-related injury or illness to you.
(2) You must provide employees with the information described in
paragraph (b)(1)(iii) of this section.
(3) You must provide access to your injury and illness records for
your employees and their representatives as described in paragraph
(b)(2) of this section.
(b) Implementation--(1) What must I do to make sure that employees
report work-related injuries and illnesses to me? (i) You must establish
a reasonable procedure for employees to report work-related injuries and
illnesses promptly and accurately. A procedure is not reasonable if it
would deter or discourage a reasonable employee from accurately
reporting a workplace injury or illness;
(ii) You must inform each employee of your procedure for reporting
work-related injuries and illnesses;
(iii) You must inform each employee that:
(A) Employees have the right to report work-related injuries and
illnesses; and
(B) Employers are prohibited from discharging or in any manner
discriminating against employees for reporting work-related injuries or
illnesses; and
(iv) You must not discharge or in any manner discriminate against
any employee for reporting a work-related injury or illness.
(2) [Reserved]
Effective Date Note 2.: At 81 FR 31854, May 20, 2016, the revision
of Sec. 1904.35 published at 81 FR 29691, May 12, 2016 was corrected by
adding paragraph (b)(2), effective Aug. 10, 2016. For the convenience of
the user, the added text is set forth as follows:
Sec. 1904.35 Employee involvement.
* * * * *
(b) * * *
(2) Do I have to give my employees and their representatives access
to the OSHA injury and illness records? Yes, your employees, former
employees, their personal representatives, and their authorized employee
representatives have the right to access the OSHA injury and illness
records, with some limitations, as discussed below.
(i) Who is an authorized employee representative? An authorized
employee representative is an authorized collective bargaining agent of
employees.
(ii) Who is a ``personal representative'' of an employee or former
employee? A personal representative is:
(A) Any person that the employee or former employee designates as
such, in writing; or
(B) The legal representative of a deceased or legally incapacitated
employee or former employee.
(iii) If an employee or representative asks for access to the OSHA
300 Log, when do I have to provide it? When an employee, former
employee, personal representative, or authorized employee representative
asks for copies of your current or stored OSHA 300 Log(s) for an
establishment the employee or former employee has worked in, you must
give the requester a copy of the relevant OSHA 300 Log(s) by the end of
the next business day.
(iv) May I remove the names of the employees or any other
information from the OSHA 300 Log before I give copies to an employee,
former employee, or employee representative? No, you must leave the
names on the 300 Log. However, to protect the privacy of injured and ill
employees, you may not record the employee's name on the OSHA 300 Log
for certain ``privacy concern cases,'' as specified in Sec.
1904.29(b)(6) through (9).
(v) If an employee or representative asks for access to the OSHA 301
Incident Report, when do I have to provide it? (A) When an employee,
former employee, or personal representative asks for a copy of the OSHA
301 Incident Report describing an injury or illness to that employee or
former employee, you must give the requester a copy of the OSHA 301
Incident Report containing that information by the end of the next
business day.
(B) When an authorized employee representative asks for copies of
the OSHA 301 Incident Reports for an establishment where the agent
represents employees under a collective bargaining agreement, you must
give copies of those forms to the authorized employee representative
within 7 calendar days. You are only required to give the authorized
employee representative information from the OSHA 301 Incident Report
section titled ``Tell us about the case.'' You must remove all other
information from the copy of the OSHA 301 Incident Report or the
equivalent substitute form that you give to the authorized employee
representative.
(vi) May I charge for the copies? No, you may not charge for these
copies the first time they are provided. However, if one of the
designated persons asks for additional copies, you may assess a
reasonable charge for retrieving and copying the records.
[[Page 67]]
Sec. 1904.36 Prohibition against discrimination.
Section 11(c) of the Act prohibits you from discriminating against
an employee for reporting a work-related fatality, injury or illness.
That provision of the Act also protects the employee who files a safety
and health complaint, asks for access to the part 1904 records, or
otherwise exercises any rights afforded by the OSH Act.
Effective Date Note: At 81 FR 29692, May 12, 2016, Sec. 1904.36 was
revised, effective Aug. 10, 2016. For the convenience of the user, the
revised text is set forth as follows:
Sec. 1904.36 Prohibition against discrimination.
In addition to Sec. 1904.35, section 11(c) of the OSH Act also
prohibits you from discriminating against an employee for reporting a
work-related fatality, injury, or illness. That provision of the Act
also protects the employee who files a safety and health complaint, asks
for access to the part 1904 records, or otherwise exercises any rights
afforded by the OSH Act.
Sec. 1904.37 State recordkeeping regulations.
(a) Basic requirement. Some States operate their own OSHA programs,
under the authority of a State plan as approved by OSHA. States
operating OSHA-approved State plans must have occupational injury and
illness recording and reporting requirements that are substantially
identical to the requirements in this part (see 29 CFR 1902.3(j), 29 CFR
1902.7, and 29 CFR 1956.10(i)).
(b) Implementation. (1) State-Plan States must have the same
requirements as Federal OSHA for determining which injuries and
illnesses are recordable and how they are recorded.
(2) For other part 1904 provisions (for example, industry
exemptions, reporting of fatalities and hospitalizations, record
retention, or employee involvement), State-Plan State requirements may
be more stringent than or supplemental to the Federal requirements, but
because of the unique nature of the national recordkeeping program,
States must consult with and obtain approval of any such requirements.
(3) Although State and local government employees are not covered
Federally, all State-Plan States must provide coverage, and must develop
injury and illness statistics, for these workers. State Plan recording
and reporting requirements for State and local government entities may
differ from those for the private sector but must meet the requirements
of paragraphs 1904.37(b)(1) and (b)(2).
(4) A State-Plan State may not issue a variance to a private sector
employer and must recognize all variances issued by Federal OSHA.
(5) A State Plan State may only grant an injury and illness
recording and reporting variance to a State or local government employer
within the State after obtaining approval to grant the variance from
Federal OSHA.
[66 FR 6122, Jan. 19, 2001, as amended at 80 FR 49904, Aug. 18, 2015]
Sec. 1904.38 Variances from the recordkeeping rule.
(a) Basic requirement. If you wish to keep records in a different
manner from the manner prescribed by the part 1904 regulations, you may
submit a variance petition to the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, Washington, DC
20210. You can obtain a variance only if you can show that your
alternative recordkeeping system:
(1) Collects the same information as this part requires;
(2) Meets the purposes of the Act; and
(3) Does not interfere with the administration of the Act.
(b) Implementation--(1) What do I need to include in my variance
petition? You must include the following items in your petition:
(i) Your name and address;
(ii) A list of the State(s) where the variance would be used;
(iii) The address(es) of the business establishment(s) involved;
(iv) A description of why you are seeking a variance;
(v) A description of the different recordkeeping procedures you
propose to use;
(vi) A description of how your proposed procedures will collect the
same information as would be collected by this part and achieve the
purpose of the Act; and
[[Page 68]]
(vii) A statement that you have informed your employees of the
petition by giving them or their authorized representative a copy of the
petition and by posting a statement summarizing the petition in the same
way as notices are posted under Sec. 1903.2(a).
(2) How will the Assistant Secretary handle my variance petition?
The Assistant Secretary will take the following steps to process your
variance petition.
(i) The Assistant Secretary will offer your employees and their
authorized representatives an opportunity to submit written data, views,
and arguments about your variance petition.
(ii) The Assistant Secretary may allow the public to comment on your
variance petition by publishing the petition in the Federal Register. If
the petition is published, the notice will establish a public comment
period and may include a schedule for a public meeting on the petition.
(iii) After reviewing your variance petition and any comments from
your employees and the public, the Assistant Secretary will decide
whether or not your proposed recordkeeping procedures will meet the
purposes of the Act, will not otherwise interfere with the Act, and will
provide the same information as the part 1904 regulations provide. If
your procedures meet these criteria, the Assistant Secretary may grant
the variance subject to such conditions as he or she finds appropriate.
(iv) If the Assistant Secretary grants your variance petition, OSHA
will publish a notice in the Federal Register to announce the variance.
The notice will include the practices the variance allows you to use,
any conditions that apply, and the reasons for allowing the variance.
(3) If I apply for a variance, may I use my proposed recordkeeping
procedures while the Assistant Secretary is processing the variance
petition? No, alternative recordkeeping practices are only allowed after
the variance is approved. You must comply with the part 1904 regulations
while the Assistant Secretary is reviewing your variance petition.
(4) If I have already been cited by OSHA for not following the part
1904 regulations, will my variance petition have any effect on the
citation and penalty? No, in addition, the Assistant Secretary may elect
not to review your variance petition if it includes an element for which
you have been cited and the citation is still under review by a court,
an Administrative Law Judge (ALJ), or the OSH Review Commission.
(5) If I receive a variance, may the Assistant Secretary revoke the
variance at a later date? Yes, the Assistant Secretary may revoke your
variance if he or she has good cause. The procedures revoking a variance
will follow the same process as OSHA uses for reviewing variance
petitions, as outlined in paragraph 1904.38(b)(2). Except in cases of
willfulness or where necessary for public safety, the Assistant
Secretary will:
(i) Notify you in writing of the facts or conduct that may warrant
revocation of your variance; and
(ii) Provide you, your employees, and authorized employee
representatives with an opportunity to participate in the revocation
procedures.
Subpart E_Reporting Fatality, Injury and Illness Information to the
Government
Authority: 29 U.S.C. 657, 673, 5 U.S.C. 553, and Secretary of
Labor's Order 1-2012 (77 FR 3912, Jan. 25, 2012).
Effective Date Note: At 81 FR 29692, May 12, 2016, the authority
citation for subpart E of part 1904 was added, effective Aug. 10, 2016.
Sec. 1904.39 Reporting fatalities, hospitalizations, amputations,
and losses of an eye as a result of work-related incidents to OSHA.
(a) Basic requirement. (1) Within eight (8) hours after the death of
any employee as a result of a work-related incident, you must report the
fatality to the Occupational Safety and Health Administration (OSHA),
U.S. Department of Labor.
(2) Within twenty-four (24) hours after the in-patient
hospitalization of one or more employees or an employee's amputation or
an employee's loss of an eye, as a result of a work-related incident,
you must report the in-patient hospitalization, amputation, or loss of
an eye to OSHA.
(3) You must report the fatality, in-patient hospitalization,
amputation, or
[[Page 69]]
loss of an eye using one of the following methods:
(i) By telephone or in person to the OSHA Area Office that is
nearest to the site of the incident.
(ii) By telephone to the OSHA toll-free central telephone number, 1-
800-321-OSHA (1-800-321-6742).
(iii) By electronic submission using the reporting application
located on OSHA's public Web site at www.osha.gov.
(b) Implementation--(1) If the Area Office is closed, may I report
the fatality, in-patient hospitalization, amputation, or loss of an eye
by leaving a message on OSHA's answering machine, faxing the Area
Office, or sending an email? No, if the Area Office is closed, you must
report the fatality, in-patient hospitalization, amputation, or loss of
an eye using either the 800 number or the reporting application located
on OSHA's public Web site at www.osha.gov.
(2) What information do I need to give to OSHA about the in-patient
hospitalization, amputation, or loss of an eye? You must give OSHA the
following information for each fatality, in-patient hospitalization,
amputation, or loss of an eye:
(i) The establishment name;
(ii) The location of the work-related incident;
(iii) The time of the work-related incident;
(iv) The type of reportable event (i.e., fatality, in-patient
hospitalization, amputation, or loss of an eye);
(v) The number of employees who suffered a fatality, in-patient
hospitalization, amputation, or loss of an eye;
(vi) The names of the employees who suffered a fatality, in-patient
hospitalization, amputation, or loss of an eye;
(vii) Your contact person and his or her phone number; and
(viii) A brief description of the work-related incident.
(3) Do I have to report the fatality, in-patient hospitalization,
amputation, or loss of an eye if it resulted from a motor vehicle
accident on a public street or highway? If the motor vehicle accident
occurred in a construction work zone, you must report the fatality, in-
patient hospitalization, amputation, or loss of an eye. If the motor
vehicle accident occurred on a public street or highway, but not in a
construction work zone, you do not have to report the fatality, in-
patient hospitalization, amputation, or loss of an eye to OSHA. However,
the fatality, in-patient hospitalization, amputation, or loss of an eye
must be recorded on your OSHA injury and illness records, if you are
required to keep such records.
(4) Do I have to report the fatality, in-patient hospitalization,
amputation, or loss of an eye if it occurred on a commercial or public
transportation system? No, you do not have to report the fatality, in-
patient hospitalization, amputation, or loss of an eye to OSHA if it
occurred on a commercial or public transportation system (e.g.,
airplane, train, subway, or bus). However, the fatality, in-patient
hospitalization, amputation, or loss of an eye must be recorded on your
OSHA injury and illness records, if you are required to keep such
records.
(5) Do I have to report a work-related fatality or in-patient
hospitalization caused by a heart attack? Yes, your local OSHA Area
Office director will decide whether to investigate the event, depending
on the circumstances of the heart attack.
(6) What if the fatality, in-patient hospitalization, amputation, or
loss of an eye does not occur during or right after the work-related
incident? You must only report a fatality to OSHA if the fatality occurs
within thirty (30) days of the work-related incident. For an in-patient
hospitalization, amputation, or loss of an eye, you must only report the
event to OSHA if it occurs within twenty-four (24) hours of the work-
related incident. However, the fatality, in-patient hospitalization,
amputation, or loss of an eye must be recorded on your OSHA injury and
illness records, if you are required to keep such records.
(7) What if I don't learn about a reportable fatality, in-patient
hospitalization, amputation, or loss of an eye right away? If you do not
learn about a reportable fatality, in-patient hospitalization,
amputation, or loss of an eye at the time it takes place, you must make
the report to OSHA within the following
[[Page 70]]
time period after the fatality, in-patient hospitalization, amputation,
or loss of an eye is reported to you or to any of your agent(s): Eight
(8) hours for a fatality, and twenty-four (24) hours for an in-patient
hospitalization, an amputation, or a loss of an eye.
(8) What if I don't learn right away that the reportable fatality,
in-patient hospitalization, amputation, or loss of an eye was the result
of a work-related incident? If you do not learn right away that the
reportable fatality, in-patient hospitalization, amputation, or loss of
an eye was the result of a work-related incident, you must make the
report to OSHA within the following time period after you or any of your
agent(s) learn that the reportable fatality, in-patient hospitalization,
amputation, or loss of an eye was the result of a work-related incident:
Eight (8) hours for a fatality, and twenty-four (24) hours for an in-
patient hospitalization, an amputation, or a loss of an eye.
(9) How does OSHA define ``in-patient hospitalization''? OSHA
defines in-patient hospitalization as a formal admission to the in-
patient service of a hospital or clinic for care or treatment.
(10) Do I have to report an in-patient hospitalization that involves
only observation or diagnostic testing? No, you do not have to report an
in-patient hospitalization that involves only observation or diagnostic
testing. You must only report to OSHA each in-patient hospitalization
that involves care or treatment.
(11) How does OSHA define ``amputation''? An amputation is the
traumatic loss of a limb or other external body part. Amputations
include a part, such as a limb or appendage, that has been severed, cut
off, amputated (either completely or partially); fingertip amputations
with or without bone loss; medical amputations resulting from
irreparable damage; amputations of body parts that have since been
reattached. Amputations do not include avulsions, enucleations,
deglovings, scalpings, severed ears, or broken or chipped teeth.
[79 FR 56187, Sept. 18, 2014]
Sec. 1904.40 Providing records to government representatives.
(a) Basic requirement. When an authorized government representative
asks for the records you keep under part 1904, you must provide copies
of the records within four (4) business hours.
(b) Implementation--(1) What government representatives have the
right to get copies of my part 1904 records? The government
representatives authorized to receive the records are:
(i) A representative of the Secretary of Labor conducting an
inspection or investigation under the Act;
(ii) A representative of the Secretary of Health and Human Services
(including the National Institute for Occupational Safety and Health--
NIOSH) conducting an investigation under section 20(b) of the Act, or
(iii) A representative of a State agency responsible for
administering a State plan approved under section 18 of the Act.
(2) Do I have to produce the records within four (4) hours if my
records are kept at a location in a different time zone? OSHA will
consider your response to be timely if you give the records to the
government representative within four (4) business hours of the request.
If you maintain the records at a location in a different time zone, you
may use the business hours of the establishment at which the records are
located when calculating the deadline.
Sec. 1904.41 Annual OSHA injury and illness survey of ten or more
employers.
(a) Basic requirement. If you receive OSHA's annual survey form, you
must fill it out and send it to OSHA or OSHA's designee, as stated on
the survey form. You must report the following information for the year
described on the form:
(1) the number of workers you employed;
(2) the number of hours worked by your employees; and
(3) the requested information from the records that you keep under
part 1904.
(b) Implementation--(1) Does every employer have to send data to
OSHA? No,
[[Page 71]]
each year, OSHA sends injury and illness survey forms to employers in
certain industries. In any year, some employers will receive an OSHA
survey form and others will not. You do not have to send injury and
illness data to OSHA unless you receive a survey form.
(2) How quickly do I need to respond to an OSHA survey form? You
must send the survey reports to OSHA, or OSHA's designee, by mail or
other means described in the survey form, within 30 calendar days, or by
the date stated in the survey form, whichever is later.
(3) Do I have to respond to an OSHA survey form if I am normally
exempt from keeping OSHA injury and illness records? Yes, even if you
are exempt from keeping injury and illness records under Sec. 1904.1 to
Sec. 1904.3, OSHA may inform you in writing that it will be collecting
injury and illness information from you in the following year. If you
receive such a letter, you must keep the injury and illness records
required by Sec. 1904.5 to Sec. 1904.15 and make a survey report for
the year covered by the survey.
(4) Do I have to answer the OSHA survey form if I am located in a
State-Plan State? Yes, all employers who receive survey forms must
respond to the survey, even those in State-Plan States.
(5) Does this section affect OSHA's authority to inspect my
workplace? No, nothing in this section affects OSHA's statutory
authority to investigate conditions related to occupational safety and
health.
Effective Date Note: At 81 FR 29692, May 12, 2016, Sec. 1904.41 was
revised, effective Jan. 1, 2017. For the convenience of the user, the
revised text is set forth as follows:
Sec. 1904.41 Electronic submission of injury and illness records to
OSHA.
(a) Basic requirements--(1) Annual electronic submission of part
1904 records by establishments with 250 or more employees. If your
establishment had 250 or more employees at any time during the previous
calendar year, and this part requires your establishment to keep
records, then you must electronically submit information from the three
recordkeeping forms that you keep under this part (OSHA Form 300A
Summary of Work-Related Injuries and Illnesses, OSHA Form 300 Log of
Work-Related Injuries and Illnesses, and OSHA Form 301 Injury and
Illness Incident Report) to OSHA or OSHA's designee. You must submit the
information once a year, no later than the date listed in paragraph (c)
of this section of the year after the calendar year covered by the
forms.
(2) Annual electronic submission of OSHA Form 300A Summary of Work-
Related Injuries and Illnesses by establishments with 20 or more
employees but fewer than 250 employees in designated industries. If your
establishment had 20 or more employees but fewer than 250 employees at
any time during the previous calendar year, and your establishment is
classified in an industry listed in appendix A to subpart E of this
part, then you must electronically submit information from OSHA Form
300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's
designee. You must submit the information once a year, no later than the
date listed in paragraph (c) of this section of the year after the
calendar year covered by the form.
(3) Electronic submission of part 1904 records upon notification.
Upon notification, you must electronically submit the requested
information from your part 1904 records to OSHA or OSHA's designee.
(b) Implementation--(1) Does every employer have to routinely submit
information from the injury and illness records to OSHA? No, only two
categories of employers must routinely submit information from their
injury and illness records. First, if your establishment had 250 or more
employees at any time during the previous calendar year, and this part
requires your establishment to keep records, then you must submit the
required Form 300A, 300, and 301 information to OSHA once a year.
Second, if your establishment had 20 or more employees but fewer than
250 employees at any time during the previous calendar year, and your
establishment is classified in an industry listed in appendix A to
subpart E of this part, then you must submit the required Form 300A
information to OSHA once a year. Employers in these two categories must
submit the required information by the date listed in paragraph (c) of
this section of the year after the calendar year covered by the form or
forms (for example, 2017 for the 2016 forms). If you are not in either
of these two categories, then you must submit information from the
injury and illness records to OSHA only if OSHA notifies you to do so
for an individual data collection.
(2) If I have to submit information under paragraph (a)(1) of this
section, do I have to submit all of the information from the
recordkeeping form? No, you are required to submit all of the
information from the form except the following:
(i) Log of Work-Related Injuries and Illnesses (OSHA Form 300):
Employee name (column B).
(ii) Injury and Illness Incident Report (OSHA Form 301): Employee
name (field 1), employee address (field 2), name of physician
[[Page 72]]
or other health care professional (field 6), facility name and address
if treatment was given away from the worksite (field 7).
(3) Do part-time, seasonal, or temporary workers count as employees
in the criteria for number of employees in paragraph (a) of this
section? Yes, each individual employed in the establishment at any time
during the calendar year counts as one employee, including full-time,
part-time, seasonal, and temporary workers.
(4) How will OSHA notify me that I must submit information from the
injury and illness records as part of an individual data collection
under paragraph (a)(3) of this section? OSHA will notify you by mail if
you will have to submit information as part of an individual data
collection under paragraph (a)(3). OSHA will also announce individual
data collections through publication in the Federal Register and the
OSHA newsletter, and announcements on the OSHA Web site. If you are an
employer who must routinely submit the information, then OSHA will not
notify you about your routine submittal.
(5) How often do I have to submit the information from the injury
and illness records? If you are required to submit information under
paragraph (a)(1) or (2) of this section, then you must submit the
information once a year, by the date listed in paragraph (c) of this
section of the year after the calendar year covered by the form or
forms. If you are submitting information because OSHA notified you to
submit information as part of an individual data collection under
paragraph (a)(3) of this section, then you must submit the information
as often as specified in the notification.
(6) How do I submit the information? You must submit the information
electronically. OSHA will provide a secure Web site for the electronic
submission of information. For individual data collections under
paragraph (a)(3) of this section, OSHA will include the Web site's
location in the notification for the data collection.
(7) Do I have to submit information if my establishment is partially
exempt from keeping OSHA injury and illness records? If you are
partially exempt from keeping injury and illness records under
Sec. Sec. 1904.1 and/or 1904.2, then you do not have to routinely
submit part 1904 information under paragraphs (a)(1) and (2) of this
section. You will have to submit information under paragraph (a)(3) of
this section if OSHA informs you in writing that it will collect injury
and illness information from you. If you receive such a notification,
then you must keep the injury and illness records required by this part
and submit information as directed.
(8) Do I have to submit information if I am located in a State Plan
State? Yes, the requirements apply to employers located in State Plan
States.
(9) May an enterprise or corporate office electronically submit part
1904 records for its establishment(s)? Yes, if your enterprise or
corporate office had ownership of or control over one or more
establishments required to submit information under paragraph (a)(1) or
(2) of this section, then the enterprise or corporate office may collect
and electronically submit the information for the establishment(s).
(c) Reporting dates. (1) In 2017 and 2018, establishments required
to submit under paragraph (a)(1) or (2) of this section must submit the
required information according to the table in this paragraph (c)(1):
------------------------------------------------------------------------
Establishments
submitting under Establishments
paragraph (a)(1) submitting under
of this section paragraph (a)(2)
Submission year must submit the of this section Submission
required must submit the deadline
information from required
this form/these information from
forms: this form:
------------------------------------------------------------------------
2017............. 300A............ 300A............ July 1, 2017.
2018............. 300A, 300, 301.. 300A............ July 1, 2018.
------------------------------------------------------------------------
(2) Beginning in 2019, establishments that are required to submit
under paragraph (a)(1) or (2) of this section will have to submit all of
the required information by March 2 of the year after the calendar year
covered by the form or forms (for example, by March 2, 2019, for the
forms covering 2018).
Sec. 1904.42 Requests from the Bureau of Labor Statistics for data.
(a) Basic requirement. If you receive a Survey of Occupational
Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS),
or a BLS designee, you must promptly complete the form and return it
following the instructions contained on the survey form.
(b) Implementation--(1) Does every employer have to send data to the
BLS? No, each year, the BLS sends injury and illness survey forms to
randomly selected employers and uses the information to create the
Nation's occupational injury and illness statistics. In any year, some
employers will receive a BLS survey form and others will not.
[[Page 73]]
You do not have to send injury and illness data to the BLS unless you
receive a survey form.
(2) If I get a survey form from the BLS, what do I have to do? If
you receive a Survey of Occupational Injuries and Illnesses Form from
the Bureau of Labor Statistics (BLS), or a BLS designee, you must
promptly complete the form and return it, following the instructions
contained on the survey form.
(3) Do I have to respond to a BLS survey form if I am normally
exempt from keeping OSHA injury and illness records? Yes, even if you
are exempt from keeping injury and illness records under Sec. 1904.1 to
Sec. 1904.3, the BLS may inform you in writing that it will be
collecting injury and illness information from you in the coming year.
If you receive such a letter, you must keep the injury and illness
records required by Sec. 1904.5 to Sec. 1904.15 and make a survey
report for the year covered by the survey.
(4) Do I have to answer the BLS survey form if I am located in a
State-Plan State? Yes, all employers who receive a survey form must
respond to the survey, even those in State-Plan States.
Sec. Appendix A to Subpart E of Part 1904--Designated Industries for
Sec. 1904.41(a)(2) Annual Electronic Submission of OSHA Form 300A
Summary of Work-Related Injuries and Illnesses by Establishments With 20
or More Employees but Fewer Than 250 Employees in Designated Industries
----------------------------------------------------------------------------------------------------------------
NAICS Industry
----------------------------------------------------------------------------------------------------------------
11.................................................. Agriculture, forestry, fishing and hunting.
22.................................................. Utilities.
23.................................................. Construction.
31-33............................................... Manufacturing.
42.................................................. Wholesale trade.
4413................................................ Automotive parts, accessories, and tire stores.
4421................................................ Furniture stores.
4422................................................ Home furnishings stores.
4441................................................ Building material and supplies dealers.
4442................................................ Lawn and garden equipment and supplies stores.
4451................................................ Grocery stores.
4452................................................ Specialty food stores.
4521................................................ Department stores.
4529................................................ Other general merchandise stores.
4533................................................ Used merchandise stores.
4542................................................ Vending machine operators.
4543................................................ Direct selling establishments.
4811................................................ Scheduled air transportation.
4841................................................ General freight trucking.
4842................................................ Specialized freight trucking.
4851................................................ Urban transit systems.
4852................................................ Interurban and rural bus transportation.
4853................................................ Taxi and limousine service.
4854................................................ School and employee bus transportation.
4855................................................ Charter bus industry.
4859................................................ Other transit and ground passenger transportation.
4871................................................ Scenic and sightseeing transportation, land.
4881................................................ Support activities for air transportation.
4882................................................ Support activities for rail transportation.
4883................................................ Support activities for water transportation.
4884................................................ Support activities for road transportation.
4889................................................ Other support activities for transportation.
4911................................................ Postal service.
4921................................................ Couriers and express delivery services.
4922................................................ Local messengers and local delivery.
4931................................................ Warehousing and storage.
5152................................................ Cable and other subscription programming.
5311................................................ Lessors of real estate.
5321................................................ Automotive equipment rental and leasing.
5322................................................ Consumer goods rental.
5323................................................ General rental centers.
5617................................................ Services to buildings and dwellings.
5621................................................ Waste collection.
5622................................................ Waste treatment and disposal.
5629................................................ Remediation and other waste management services.
[[Page 74]]
6219................................................ Other ambulatory health care services.
6221................................................ General medical and surgical hospitals.
6222................................................ Psychiatric and substance abuse hospitals.
6223................................................ Specialty (except psychiatric and substance abuse)
hospitals.
6231................................................ Nursing care facilities.
6232................................................ Residential mental retardation, mental health and
substance abuse facilities.
6233................................................ Community care facilities for the elderly.
6239................................................ Other residential care facilities.
6242................................................ Community food and housing, and emergency and other relief
services.
6243................................................ Vocational rehabilitation services.
7111................................................ Performing arts companies.
7112................................................ Spectator sports.
7121................................................ Museums, historical sites, and similar institutions.
7131................................................ Amusement parks and arcades.
7132................................................ Gambling industries.
7211................................................ Traveler accommodation.
7212................................................ RV (recreational vehicle) parks and recreational camps.
7213................................................ Rooming and boarding houses.
7223................................................ Special food services.
8113................................................ Commercial and industrial machinery and equipment (except
automotive and electronic) repair and maintenance.
8123................................................ Dry-cleaning and laundry services.
----------------------------------------------------------------------------------------------------------------
Effective Date Note: At 81 FR 29693, May 12, 2016, appendix A to
subpart E of part 1904 was added, effective Jan. 1, 2017.
Subpart F_Transition From the Former Rule
Sec. 1904.43 Summary and posting of the 2001 data.
(a) Basic requirement. If you were required to keep OSHA 200 Logs in
2001, you must post a 2000 annual summary from the OSHA 200 Log of
occupational injuries and illnesses for each establishment.
(b) Implementation--(1) What do I have to include in the summary?
(i) You must include a copy of the totals from the 2001 OSHA 200 Log and
the following information from that form:
(A) The calendar year covered;
(B) Your company name;
(C) The name and address of the establishment; and
(D) The certification signature, title and date.
(ii) If no injuries or illnesses occurred at your establishment in
2001, you must enter zeros on the totals line and post the 2001 summary.
(2) When am I required to summarize and post the 2001 information?
(i) You must complete the summary by February 1, 2002; and
(ii) You must post a copy of the summary in each establishment in a
conspicuous place or places where notices to employees are customarily
posted. You must ensure that the summary is not altered, defaced or
covered by other material.
(3) You must post the 2001 summary from February 1, 2002 to March 1,
2002.
Sec. 1904.44 Retention and updating of old forms.
You must save your copies of the OSHA 200 and 101 forms for five
years following the year to which they relate and continue to provide
access to the data as though these forms were the OSHA 300 and 301
forms. You are not required to update your old 200 and 101 forms.
Sec. 1904.45 OMB control numbers under the Paperwork Reduction Act
The following sections each 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.
------------------------------------------------------------------------
1904.4-35................................................... 1218-0176
1904.39-41.................................................. 1218-0176
1904.42..................................................... 1220-0045
1904.43-44.................................................. 1218-0176
------------------------------------------------------------------------
[[Page 75]]
Subpart G_Definitions
Sec. 1904.46 Definitions.
The Act. The Act means the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.). The definitions contained in section 3 of
the Act (29 U.S.C. 652) and related interpretations apply to such terms
when used in this part 1904.
Establishment. An establishment is a single physical location where
business is conducted or where services or industrial operations are
performed. For activities where employees do not work at a single
physical location, such as construction; transportation; communications,
electric, gas and sanitary services; and similar operations, the
establishment is represented by main or branch offices, terminals,
stations, etc. that either supervise such activities or are the base
from which personnel carry out these activities.
(1) Can one business location include two or more establishments?
Normally, one business location has only one establishment. Under
limited conditions, the employer may consider two or more separate
businesses that share a single location to be separate establishments.
An employer may divide one location into two or more establishments only
when:
(i) Each of the establishments represents a distinctly separate
business;
(ii) Each business is engaged in a different economic activity;
(iii) No one industry description in the Standard Industrial
Classification Manual (1987) applies to the joint activities of the
establishments; and
(iv) Separate reports are routinely prepared for each establishment
on the number of employees, their wages and salaries, sales or receipts,
and other business information. For example, if an employer operates a
construction company at the same location as a lumber yard, the employer
may consider each business to be a separate establishment.
(2) Can an establishment include more than one physical location?
Yes, but only under certain conditions. An employer may combine two or
more physical locations into a single establishment only when:
(i) The employer operates the locations as a single business
operation under common management;
(ii) The locations are all located in close proximity to each other;
and
(iii) The employer keeps one set of business records for the
locations, such as records on the number of employees, their wages and
salaries, sales or receipts, and other kinds of business information.
For example, one manufacturing establishment might include the main
plant, a warehouse a few blocks away, and an administrative services
building across the street.
(3) If an employee telecommutes from home, is his or her home
considered a separate establishment? No, for employees who telecommute
from home, the employee's home is not a business establishment and a
separate 300 Log is not required. Employees who telecommute must be
linked to one of your establishments under Sec. 1904.30(b)(3).
Injury or illness. An injury or illness is an abnormal condition or
disorder. Injuries include cases such as, but not limited to, a cut,
fracture, sprain, or amputation. Illnesses include both acute and
chronic illnesses, such as, but not limited to, a skin disease,
respiratory disorder, or poisoning. (Note: Injuries and illnesses are
recordable only if they are new, work-related cases that meet one or
more of the part 1904 recording criteria.)
Physician or Other Licensed Health Care Professional. A physician or
other licensed health care professional is an individual whose legally
permitted scope of practice (i.e., license, registration, or
certification) allows him or her to independently perform, or be
delegated the responsibility to perform, the activities described by
this regulation.
You. ``You'' means an employer as defined in section 3 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 652).
[[Page 76]]
PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS,
TOLERANCES, AND EXEMPTIONS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL
SAFETY AND HEALTH ACT OF 1970--Table of Contents
Subpart A_General
Sec.
1905.1 Purpose and scope.
1905.2 Definitions.
1905.3 Petitions for amendments to this part.
1905.4 Amendments to this part.
1905.5 Effect of variances.
1905.6 Public notice of a granted variance, limitation, variation,
tolerance, or exemption.
1905.7 Form of documents; subscription; copies.
Subpart B_Applications for Variances, Limitations, Variations,
Tolerances, Exemptions and Other Relief
1905.10 Variances and other relief under section 6(b)(6)(A).
1905.11 Variances and other relief under section 6(d).
1905.12 Limitations, variations, tolerances, or exemptions under section
16.
1905.13 Modification, revocation, and renewal of rules or orders.
1905.14 Action on applications.
1905.15 Requests for hearings on applications.
1905.16 Consolidation of proceedings.
Subpart C_Hearings
1905.20 Notice of hearing.
1905.21 Manner of service.
1905.22 Hearing examiners; powers and duties.
1905.23 Prehearing conferences.
1905.24 Consent findings and rules or orders.
1905.25 Discovery.
1905.26 Hearings.
1905.27 Decisions of hearing examiners.
1905.28 Exceptions.
1905.29 Transmission of record.
1905.30 Decision of the Assistant Secretary.
Subpart D_Summary Decisions
1905.40 Motion for summary decision.
1905.41 Summary decision.
Subpart E_Effect of Initial Decisions
1905.50 Effect of appeal of a hearing examiner's decision.
1905.51 Finality for purposes of judicial review.
Authority: Secs. 6, 8, 16, Occupational Safety and Health Act of
1970 (29 U.S.C. 655, 657, 665), Secretary of Labor's Order No. 12-71 (36
FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable.
Source: 36 FR 12290, June 30, 1971, unless otherwise noted.
Subpart A_General
Sec. 1905.1 Purpose and scope.
(a) This part contains rules of practice for administrative
proceedings
(1) To grant variances and other relief under sections 6(b)(6)(A)
and 6(d) of the Williams-Steiger Occupational Safety and Health Act of
1970, and
(2) To provide limitations, variations, tolerances, and exemptions
under section 16 of the Act.
(b) These rules shall be construed to secure a prompt and just
conclusion of proceedings subject thereto.
(c) The rules of practice in this part do not apply to the granting
of variances under section 6(b)(6)(C). Whenever appropriate, the
procedure for granting such a variance shall be published in the Federal
Register.
Sec. 1905.2 Definitions.
As used in this part, unless the context clearly requires
otherwise--
(a) Act means the Williams-Steiger Occupational Safety and Health
Act of 1970.
(b) Secretary means the Secretary of Labor.
(c) Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health.
(d) Person means an individual, partnership, association,
corporation, business trust, legal representative, and organized group
of individuals, or an agency, authority, or instrumentality of the
United States or of a State.
(e) Party means a person admitted to participate in a hearing
conducted in accordance with subpart C of this part. An applicant for
relief and any affected employee shall be entitled to be named parties.
The Department of Labor, represented by the Office of the Solicitor,
shall be deemed to be a party without the necessity of being named.
(f) Affected employee means an employee who would be affected by the
[[Page 77]]
grant or denial of a variance, limitation, variation, tolerance, or
exemption, or any one of his authorized representatives, such as his
collective bargaining agent.
Sec. 1905.3 Petitions for amendments to this part.
Any person may at any time petition the Assistant Secretary in
writing to revise, amend, or revoke any provisions of this part. The
petition should set forth either the terms or the substance of the rule
desired, with a concise statement of the reasons therefor and the
effects thereof.
Sec. 1905.4 Amendments to this part.
The Assistant Secretary may at any time revise, amend, or revoke any
provisions of this part, on his own motion or upon the written petition
of any person.
Sec. 1905.5 Effect of variances.
All variances granted pursuant to this part shall have only future
effect. In his discretion, the Assistant Secretary may decline to
entertain an application for a variance on a subject or issue concerning
which a citation has been issued to the employer involved and a
proceeding on the citation or a related issue concerning a proposed
penalty or period of abatement is pending before the Occupational Safety
and Health Review Commission or appropriate State review authority until
the completion of such proceeding.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]
Sec. 1905.6 Public notice of a granted variance, limitation,
variation, tolerance, or exemption.
Every final action granting a variance, limitation, variation,
tolerance, or exemption under this part shall be published in the
Federal Register. Every such final action shall specify the alternative
to the standard involved which the particular variance permits.
Sec. 1905.7 Form of documents; subscription; copies.
(a) No particular form is prescribed for applications and other
papers which may be filed in proceedings under this part. However, any
applications and other papers shall be clearly legible. An original and
six copies of any application or other papers shall be filed. The
original shall be typewritten. Clear carbon copies, or printed or
processed copies are acceptable copies.
(b) Each application or other paper which is filed in proceedings
under this part shall be subscribed by the person filing the same or by
his attorney or other authorized representative.
Subpart B_Applications for Variances, Limitations, Variations,
Tolerances, Exemptions and Other Relief
Sec. 1905.10 Variances and other relief under section 6(b)(6)(A).
(a) Application for variance. Any employer, or class of employers,
desiring a variance from a standard, or portion thereof, authorized by
section 6(b)(6)(A) of the Act may file a written application containing
the information specified in paragraph (b) of this section with the
Assistant Secretary for Occupational Safety and Health, U.S. Department
of Labor, Washington, DC 20210.
(b) Contents. An application filed pursuant to paragraph (a) of this
section shall include:
(1) The name and address of the applicant;
(2) The address of the place or places of employment involved;
(3) A specification of the standard or portion thereof from which
the applicant seeks a variance;
(4) A representation by the applicant, supported by representations
from qualified persons having first-hand knowledge of the facts
represented, that he is unable to comply with the standard or portion
thereof by its effective date and a detailed statement of the reasons
therefor;
(5) A statement of the steps the applicant has taken and will take,
with specific dates where appropriate, to protect employees against the
hazard covered by the standard;
(6) A statement of when the applicant expects to be able to comply
with the standard and of what steps he has taken and will take, with
specific dates
[[Page 78]]
where appropriate, to come into compliance with the standard;
(7) A statement of the facts the applicant would show to establish
that
(i) The applicant is unable to comply with a standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into compliance
with the standard or because necessary construction or alteration of
facilities cannot be completed by the effective date;
(ii) He is taking all available steps to safeguard his employees
against the hazards covered by the standard; and
(iii) He has an effective program for coming into compliance with
the standard as quickly as practicable;
(8) Any request for a hearing, as provided in this part;
(9) A statement that the applicant has informed his affected
employees of the application by giving a copy thereof to their
authorized representative, posting a statement, giving a summary of the
application and specifying where a copy may be examined, at the place or
places where notices to employees are normally posted, and by other
appropriate means; and
(10) A description of how affected employees have been informed of
the application and of their right to petition the Assistant Secretary
for a hearing.
(11) Where the requested variance would be applicable to employment
or places of employment in more than one State, including at least one
State with a State plan approved under section 18 of the Act, and
involves a standard, or portion thereof, identical to a State standard
effective under such plan:
(i) A side-by-side comparison of the Federal standard, or portion
thereof, involved with the State standard, or portion thereof, identical
in substance and requirements;
(ii) A certification that the employer or employers have not filed
for such variance on the same material facts for the same employment or
place of employment with any State authority having jurisdiction under
an approval plan over any employment or place of employment covered in
the application; and
(iii) A statement as to whether, with an identification of, any
citations for violations of the State standard, or portion thereof,
involved have been issued to the employer or employers by any of the
State authorities enforcing the standard under a plan, and are pending.
(c) Interim order--(1) Application. An application may also be made
for an interim order to be effective until a decision is rendered on the
application for the variance filed previously or concurrently. An
application for an interim order may include statements of fact and
arguments as to why the order should be granted. The Assistant Secretary
may rule ex parte upon the application.
(2) Notice of denial of application. If an application filed
pursuant to paragraph (c)(1) of this section is denied, the applicant
shall be given prompt notice of the denial, which shall include, or be
accompanied by, a brief statement of the grounds therefor.
(3) Notice of the grant of an interim order. If an interim order is
granted, a copy of the order shall be served upon the applicant for the
order and other parties and the terms of the order shall be published in
the Federal Register. It shall be a condition of the order that the
affected employer shall give notice thereof to affected employees by the
same means to be used to inform them of an application for a variance.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]
Sec. 1905.11 Variances and other relief under section 6(d).
(a) Application for variance. Any employer, or class of employers,
desiring a variance authorized by section 6(d) of the Act may file a
written application containing the information specified in paragraph
(b) of this section, with the Assistant Secretary for Occupational
Safety and Health, U.S. Department of Labor, Washington, DC 20210.
(b) Contents. An application filed pursuant to paragraph (a) of this
section shall include:
(1) The name and address of the applicant;
(2) The address of the place or places of employment involved;
[[Page 79]]
(3) A description of the conditions, practices, means, methods,
operations, or processes used or proposed to be used by the applicant:
(4) A statement showing how the conditions, practices, means,
methods, operations, or processes used or proposed to be used would
provide employment and places of employment to employees which are as
safe and healthful as those required by the standard from which a
variance is sought:
(5) A certification that the applicant has informed his employees of
the application by
(i) Giving a copy thereof to their authorized representative;
(ii) Posting a statement giving a summary of the application and
specifying where a copy may be examined, at the place or places where
notices to employees are normally posted (or in lieu of such summary,
the posting of the application itself); and
(iii) By other appropriate means;
(6) Any request for a hearing, as provided in this part; and
(7) A description of how employees have been informed of the
application and of their right to petition the Assistant Secretary for a
hearing.
(8) Where the requested variance would be applicable to employment
or places of employment in more than one State, including at least one
State with a State plan approved under section 18 of the Act, and
involves a standard, or portion thereof, identical to a State standard
effective under such plan:
(i) A side-by-side comparison of the Federal standard, or portion
thereof, involved with the State standard, or portion thereof, identical
in substance and requirements;
(ii) A certification that the employer or employers have not filed
for such variance on the same material facts for the same employment or
place of employment with any State authority having jurisdiction under
an approved plan over any employment or place of employment covered in
the application; and
(iii) A statement as to whether, with an identification of, any
citations for violations of the State standard, or portion thereof,
involved have been issued to the employer or employers by any of the
State authorities enforcing the standard under a plan, and are pending.
(c) Interim order--(1) Application. An application may also be made
for an interim order to be effective until a decision is rendered on the
application for the variance filed previously or concurrently. An
application for an interim order may include statements of fact and
arguments as to why the order should be granted. The Assistant Secretary
may rule ex parte upon the application.
(2) Notice of denial of application. If an application filed
pursuant to paragraph (c)(1) of this section is denied, the applicant
shall be given prompt notice of the denial, which shall include, or be
accompanied by; a brief statement of the grounds therefor.
(3) Notice of the grant of an interim order. If an interim order is
granted, a copy of the order shall be served upon the applicant for the
order and other parties, and the terms of the order shall be published
in the Federal Register. It shall be a condition of the order that the
affected employer shall give notice thereof to affected employees by the
same means to be used to inform them of an application for a variance.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]
Sec. 1905.12 Limitations, variations, tolerances, or exemptions
under section 16.
(a) Application. Any person, or class of persons, desiring a
limitation, variation, tolerance, or exemption authorized by section 16
of the Act may file an application containing the information specified
in paragraph (b) of this section, with the Assistant Secretary for
Occupational Safety and Health, U.S. Department of Labor, Washington, DC
20210.
(b) Contents. An application filed pursuant to paragraph (a) of this
section shall include:
(1) The name and address of the applicant;
(2) The address of the place or places of employment involved;
(3) A specification of the provision of the Act to or from which the
applicant
[[Page 80]]
seeks a limitation, variation, tolerance, or exemption;
(4) A representation showing that the limitation, variation,
tolerance, or exemption sought is necessary and proper to avoid serious
impairment of the national defense;
(5) Any request for a hearing, as provided in this part; and
(6) A description of how employees have been informed of the
application and of their right to petition the Assistant Secretary for a
hearing.
(c) Interim order--(1) Application. An application may also be made
for an interim order to be effective until a decision is rendered on the
application for the limitation, variation, tolerance, or exemption filed
previously or concurrently. An application for an interim order may
include statements of fact and arguments as to why the order should be
granted. The Assistant Secretary may rule ex parte upon the application.
(2) Notice of denial of application. If an application filed
pursuant to paragraph (c)(1) of this section is denied, the applicant
shall be given prompt notice of the denial, which shall include, or be
accompanied, by a brief statement of the grounds therefor.
(3) Notice of the grant of an interim order. If an interim order is
granted, a copy of the order shall be served upon the applicant for the
order and other parties, and the terms of the order shall be published
in the Federal Register. It shall be a condition of the order that the
affected employer shall give notice thereof to affected employees by the
same means to be used to inform them of an application for a variance.
Sec. 1905.13 Modification, revocation, and renewal of rules or orders.
(a) Modification or revocation. (1) An affected employer or an
affected employee may apply in writing to the Assistant Secretary of
Labor for Occupational Safety and Health for a modification or
revocation of a rule or order issued under section 6(b) (6) (A), 6(d),
or 16 of the Act. The application shall contain:
(i) The name and address of the applicant;
(ii) A description of the relief which is sought;
(iii) A statement setting forth with particularity the grounds for
relief;
(iv) If the applicant is an employer, a certification that the
applicant has informed his affected employees of the application by:
(a) Giving a copy thereof to their authorized representative;
(b) Posting at the place or places where notices to employees are
normally posted, a statement giving a summary of the application and
specifying where a copy of the full application may be examined (or, in
lieu of the summary, posting the application itself); and
(c) Other appropriate means.
(v) If the applicant is an affected employee, a certification that a
copy of the application has been furnished to the employer; and
(vi) Any request for a hearing, as provided in this part.
(2) The Assistant Secretary may on his own motion proceed to modify
or revoke a rule or order issued under section 6(b) (6) (A), 6(d), or 16
of the Act. In such event, the Assistant Secretary shall cause to be
published in the Federal Register a notice of his intention, affording
interested persons an opportunity to submit written data, views, or
arguments regarding the proposal and informing the affected employer and
employees of their right to request a hearing, and shall take such other
action as may be appropriate to give actual notice to affected
employees. Any request for a hearing shall include a short and plain
statement of:
(i) How the proposed modification or revocation would affect the
requesting party; and
(ii) What the requesting party would seek to show on the subjects or
issues involved.
(b) Renewal. Any final rule or order issued under section 6(b) (6)
(A) or 16 of the Act may be renewed or extended as permitted by the
applicable section and in the manner prescribed for its issuance.
(c) Multi-state variances. Where a Federal variance has been granted
with multi-state applicability, including applicability in a State
operating under a State plan approved under section 18 of
[[Page 81]]
the Act, from a standard, or portion thereof, identical to a State
standard, or portion thereof, without filing the information required in
Sec. 1905.10(b)(11) or Sec. 1905.11(b)(8) of this chapter, such
variance shall likewise be deemed an authoritative interpretation of the
employer(s)' compliance obligations with regard to the State standard,
or portion thereof, upon filing the information required under Sec.
1905.10(b)(11) or Sec. 1905.11(b)(8) of this chapter, provided no
objections of substance are found to be interposed by the State
authority under Sec. 1905.14 of this chapter.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]
Sec. 1905.14 Action on applications.
(a) Defective applications. (1) If an application filed pursuant to
Sec. 1905.10(a), Sec. 1905.11(a), Sec. 1905.12(a), or Sec. 1905.13
does not conform to the applicable section, the Assistant Secretary may
deny the application.
(2) Prompt notice of the denial of an application shall be given to
the applicant.
(3) A notice of denial shall include, or be accompanied by, a brief
statement of the grounds for the denial.
(4) A denial of an application pursuant to this paragraph shall be
without prejudice to the filing of another application.
(b) Adequate applications. (1) If an application has not been denied
pursuant to paragraph (a) of this section, the Assistant Secretary shall
cause to be published in the Federal Register a notice of the filing of
the application.
(2) A notice of the filing of an application shall include:
(i) The terms, or an accurate summary, of the application;
(ii) A reference to the section of the Act under which the
application has been filed;
(iii) An invitation to interested persons to submit within a stated
period of time written data, views, or arguments regarding the
application; and
(iv) Information to affected employers, employees, and appropriate
State authority having jurisdiction over employment or places of
employment covered in the application of any right to request a hearing
on the application.
(3) Where the requested variance, or any proposed modification or
extension thereof, involves a Federal standard, or any portion thereof,
identical to a State standard, or any portion thereof, as provided in
Sec. Sec. 1905.10(b)(11) and 1905.11(b)(8) of this chapter, the
Assistant Secretary will promptly furnish a copy of the application to
the appropriate State authority and provide an opportunity for comment,
including the opportunity to participate as a party, on the application
by such authority, which shall be taken into consideration in
determining the merits of the proposed action.
(4) A copy of each final decision of the Assistant Secretary with
respect to an application filed under Sec. 1905.10, Sec. 1905.11, or
Sec. 1905.13 shall be furnished, within 10 days of issuance, the State
authorities having jurisdiction over the employment or place of
employment covered in the application.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]
Sec. 1905.15 Requests for hearings on applications.
(a) Request for hearing. Within the time allowed by a notice of the
filing of an application, any affected employer, employee, or
appropriate State agency having jurisdiction over employment or places
of employment covered in an application may file with the Assistant
Secretary, in quadruplicate, a request for a hearing on the application.
(b) Contents of a request for a hearing. A request for a hearing
filed pursuant to paragraph (a) of this section shall include:
(1) A concise statement of facts showing how the employer or
employee would be affected by the relief applied for;
(2) A specification of any statement or representation in the
application which is denied, and a concise summary of the evidence that
would be adduced in support of each denial; and
(3) Any views or arguments on any issue of fact or law presented.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25450, June 16, 1975]
[[Page 82]]
Sec. 1905.16 Consolidation of proceedings.
The Assistant Secretary on his own motion or that of any party may
consolidate or contemporaneously consider two or more proceedings which
involve the same or closely related issues.
Subpart C_Hearings
Sec. 1905.20 Notice of hearing.
(a) Service. Upon request for a hearing as provided in this part, or
upon his own initiative, the Assistant Secretary shall serve, or cause
to be served, a reasonable notice of hearing.
(b) Contents. A notice of hearing served under paragraph (a) of this
section shall include:
(1) The time, place, and nature of the hearing;
(2) The legal authority under which the hearing is to be held;
(3) A specification of issues of fact and law; and
(4) A designation of a hearing examiner appointed under 5 U.S.C.
3105 to preside over the hearing.
(c) Referral to hearing examiner. A copy of a notice of hearing
served pursuant to paragraph (a) of this section shall be referred to
the hearing examiner designated therein, together with the original
application and any written request for a hearing thereon filed pursuant
to this part.
Sec. 1905.21 Manner of service.
Service of any document upon any party may be made by personal
delivery of, or by mailing, a copy of the document to the last known
address of the party. The person serving the document shall certify to
the manner and the date of the service.
Sec. 1905.22 Hearing examiners; powers and duties.
(a) Powers. A hearing examiner designated to preside over a hearing
shall have all powers necessary or appropriate to conduct a fair, full,
and impartial hearing, including the following:
(1) To administer oaths and affirmations;
(2) To rule upon offers of proof and receive relevant evidence;
(3) To provide for discovery and to determine its scope;
(4) To regulate the course of the hearing and the conduct of the
parties and their counsel therein;
(5) To consider and rule upon procedural requests;
(6) To hold conferences for the settlement or simplification of the
issues by consent of the parties;
(7) To make, or to cause to be made, an inspection of the employment
or place of employment involved.
(8) To make decisions in accordance with the Act, this part, and the
Administrative Procedure Act (5 U.S.C. Ch. 5); and
(9) To take any other appropriate action authorized by the Act, this
part, or the Administrative Procedure Act.
(b) Private consultation. Except to the extent required for the
disposition of ex parte matters, a hearing examiner may not consult a
person or a party on any fact at issue, unless upon notice and
opportunity for all parties to participate.
(c) Disqualification. (1) When a hearing examiner deems himself
disqualified to preside over a particular hearing, he shall withdraw
therefrom by notice on the record directed to the Chief Hearing
Examiner.
(2) Any party who deems a hearing examiner for any reason to be
disqualified to preside, or to continue to preside, over a particular
hearing, may file with the Chief Hearing Examiner of the Department of
Labor a motion to disqualify and remove the 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.
(d) Contumacious conduct; failure or refusal to appear or obey the
rulings of a presiding hearing examiner. (1) Contumacious conduct at any
hearing before the hearing examiner shall be grounds for exclusion from
the hearing.
(2) If a witness or a party refuses to answer a question after being
directed to do so, or refuses to obey an order to provide or permit
discovery, the hearing examiner may make such orders with regard to the
refusal as are just and appropriate, including an order denying the
application of an applicant
[[Page 83]]
or regulating the contents of the record of the hearing.
(e) Referral to Federal Rules of Civil Procedure. On any procedural
question not regulated by this part, the Act, or the Administrative
Procedure Act, a hearing examiner shall be guided to the extent
practicable by any pertinent provisions of the Federal Rules of Civil
Procedure.
Sec. 1905.23 Prehearing conferences.
(a) Convening a conference. Upon his own motion or the motion of a
party, 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 documents 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 parties and of expert witnesses; and
(5) Such other matters as may tend to expedite the disposition of
the proceeding, and to assure a just conclusion thereof.
(b) Record of conference. The hearing examiner shall make an order
which recites the action taken at the conference, the amendments allowed
to any documents which have been filed, and the agreements made between
the parties as to any of the matters considered, and which limits the
issues for hearing to those not disposed of by admissions or agreements;
and such order when entered controls the subsequent course of the
hearing, unless modified at the hearing, to prevent manifest injustice.
Sec. 1905.24 Consent findings and rules or orders.
(a) General. At any time before the reception of evidence in any
hearing, or during any hearing a reasonable opportunity may be afforded
to permit negotiation by the parties of an agreement containing consent
findings and a rule or order disposing of the whole or any part of the
proceeding. The allowance of such opportunity and the duration thereof
shall be in the discretion of the presiding 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 which will result in a just disposition of the issues
involved.
(b) Contents. Any agreement containing consent findings and rule or
order disposing of a proceeding shall also provide:
(1) That the rule or order shall have the same force and effect as
if made after a full hearing;
(2) That the entire record on which any rule or order may be based
shall consist solely of the application and the agreement;
(3) A waiver of any further procedural steps before the hearing
examiner and the Assistant Secretary; and
(4) A waiver of any right to challenge or contest the validity of
the findings and of the rule or order made 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 presiding hearing examiner
for his consideration; or
(2) Inform the presiding hearing examiner that agreement cannot be
reached.
(d) Disposition. In the event an agreement containing consent
findings and rule or order is submitted within the time allowed
therefor, the presiding hearing examiner may accept such agreement by
issuing his decision based upon the agreed findings.
Sec. 1905.25 Discovery.
(a) Depositions. (1) For reasons of unavailability or for other good
cause shown, the testimony of any witness may be taken by deposition.
Depositions may be taken orally or upon written interrogatories before
any person designated by the presiding hearing examiner and having power
to administer oaths.
(2) Application. Any party desiring to take the deposition of a
witness may make application in writing to the presiding hearing
examiner, setting forth:
(i) The reasons why such deposition should be taken;
(ii) The time when, the place where, and the name and post office
address of
[[Page 84]]
the person before whom the deposition is to be taken;
(iii) The name and address of each witness; and
(iv) The subject matter concerning which each witness is expected to
testify.
(3) Notice. Such notice as the presiding hearings examiner may order
shall be given by the party taking the deposition to every other party.
(4) Taking and receiving in evidence. Each witness testifying upon
deposition shall be sworn, and the parties not calling him shall have
the right to cross-examine him. 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
before whom the deposition is taken. Thereafter, the officer shall seal
the deposition, with two copies thereof, in an envelope and mail the
same by registered mail to the presiding 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,
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.
(b) Other discovery. Whenever appropriate to a just disposition of
any issue in a hearing, the presiding hearing examiner may allow
discovery by any other appropriate procedure, such as by written
interrogatories upon a party, production of documents by a party, or by
entry for inspection of the employment or place of employment involved.
Sec. 1905.26 Hearings.
(a) Order of proceeding. Except as may be ordered otherwise by the
presiding hearing examiner, the party applicant for relief shall proceed
first at a hearing.
(b) Burden of proof. The party applicant shall have the burden of
proof.
(c) Evidence--(1) Admissibility. A party shall be entitled to
present his case or defense by oral or documentary evidence, to submit
rebuttal evidence, and to conduct such cross-examination as may be
required for a full and true disclosure of the facts. Any oral or
documentary evidence may be received, but a presiding hearing examiner
shall exclude evidence which is irrelevant, immaterial, or unduly
repetitious.
(2) Testimony of witnesses. The testimony of a witness shall be upon
oath or affirmation administered by the presiding hearing examiner.
(3) 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 to the failure to limit such scope, he shall state
briefly the grounds for such objection. Rulings on all objections shall
appear in the record. Only objections made before the presiding hearing
examiner may be relied upon subsequently in a proceeding.
(4) Exceptions. Formal exception to an adverse ruling is not
required.
(d) 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 or concerning which the
Department of Labor 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 presiding hearing examiner's decision, of
the matters so noticed, and shall be given adequate opportunity to show
the contrary.
(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 with the reporter.
Sec. 1905.27 Decisions of hearing examiners.
(a) Proposed findings of fact, conclusions, and rules or orders.
Within 10 days after receipt of notice that the transcript of the
testimony has been filed or such additional time as the presiding
hearing examiner may allow, each party may file with the hearing
[[Page 85]]
examiner proposed findings of fact, conclusions of law, and rule or
order, together with a supporting brief expressing the reasons for such
proposals. Such proposals and brief shall be served on all other
parties, and shall refer to all portions of the record and to all
authorities relied upon in support of each proposal.
(b) Decision of the hearing examiner. Within a reasonable time after
the time allowed for the filing of proposed findings of fact,
conclusions of law, and rule or order, the presiding hearing examiner
shall make and serve upon each party his decision, which shall become
final upon the 20th day after service thereof, unless exceptions are
filed thereto, as provided in Sec. 1905.28. The decision of the hearing
examiner shall include (1) a statement of findings and conclusions, with
reasons and bases therefor, upon each material issue of fact, law, or
discretion presented on the record, and (2) the appropriate rule, order,
relief, or denial thereof. The decision of the hearing examiner shall be
based upon a consideration of the whole record and shall state all facts
officially noticed and relied upon. It shall be made on the basis of a
preponderance of reliable and probative evidence.
Sec. 1905.28 Exceptions.
Within 20 days after service of a decision of a presiding hearing
examiner, any party may file with the hearing examiner written
exceptions thereto with supporting reasons. Such exceptions shall refer
to the specific findings of fact, conclusions of law, or terms of the
rule or order excepted to, the specific pages of transcript relevant to
the suggestions, and shall suggest corrected findings of fact,
conclusions of law, or terms of the rule or order. Upon receipt of any
exceptions, the hearing examiner shall fix a time for filing any
objections to the exceptions and any supporting reasons.
Sec. 1905.29 Transmission of record.
If exceptions are filed, the hearing examiner shall transmit the
record of the proceeding to the Assistant Secretary for review. The
record shall include: The application, any request for hearing thereon,
motions and requests filed in written form, rulings thereon, the
transcript of the testimony taken at the hearing, together with the
exhibits admitted in evidence, any documents or papers filed in
connection with prehearing conferences, such proposed findings of fact,
conclusions of law, rules or orders, and supporting reasons, as may have
been filed, 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. 1905.30 Decision of the Assistant Secretary.
If exceptions to a decision of a hearing examiner are taken pursuant
to Sec. 1905.28, the Assistant Secretary shall upon consideration
thereof, together with the record references and authorities cited in
support thereof, and any objections to exceptions and supporting
reasons, make his decision. The decision may affirm, modify, or set
aside, in whole or part, the findings, conclusions, and the rule or
order contained in the decision of the presiding hearing examiner, and
shall include a statement of reasons or bases for the actions taken on
each exception presented.
Subpart D_Summary Decisions
Sec. 1905.40 Motion for summary decision.
(a) Any party may, at least 20 days before the date fixed for any
hearing under subpart C of this part, move with or without supporting
affidavits for a summary decision in his favor on all or any part of the
proceeding. Any other party may, within 10 days after service of the
motion, serve opposing affidavits or countermove for summary decision.
The presiding hearing examiner may, in his discretion, set the matter
for argument and call for the submission of briefs.
(b) The filing of any documents under paragraph (a) of this section
shall be with the hearing examiner, and copies of any such documents
shall be served in accordance with Sec. 1905.21.
(c) The hearing examiner may grant such motion if the pleadings,
affidavits, material obtained by discovery or
[[Page 86]]
otherwise obtained, or matters officially noticed show that there is no
genuine issue as to any material fact and that a party is entitled to
summary decision. The hearing examiner may deny such motion whenever the
moving party denies access to information by means of discovery to a
party opposing the motion.
(d) Affidavits shall set forth such facts as would be admissible in
evidence in a proceeding subject to 5 U.S.C. 556 and 557 and shall show
affirmatively that the affiant is competent to testify to the matters
stated therein. When a motion for summary decision is made and supported
as provided in this section, a party opposing the motion may not rest
upon the mere allegations or denials of his pleading; his response must
set forth specific facts showing that there is a genuine issue of fact
for the hearing.
(e) Should it appear from the affidavits of a party opposing the
motion that he cannot for reasons stated present by affidavit facts
essential to justify his opposition, the hearing examiner may deny the
motion for summary decision or may order a continuance to permit
affidavits to be obtained or discovery to be had or may make such other
order as is just.
(f) The denial of all or any part of a motion for summary decision
by the hearing examiner shall not be subject to interlocutory appeal to
the Assistant Secretary unless the hearing examiner certifies in writing
(1) that the ruling involves an important question of law or policy as
to which there is substantial ground for difference of opinion, and (2)
that an immediate appeal from the ruling may materially advance the
ultimate termination of the proceeding. The allowance of such an
interlocutory appeal shall not stay the proceeding before the hearing
examiner unless the Assistant Secretary shall so order.
Sec. 1905.41 Summary decision.
(a) No genuine issue of material fact. (1) Where no genuine issue of
a material fact is found to have been raised, the hearing examiner may
issue an initial decision to become final 20 days after service thereof,
unless, within such period of time any party has filed written
exceptions to the decision. If any timely exception is filed, the
hearing examiner shall fix a time for filing any objections to the
exception and any supporting reasons. Thereafter, the Assistant
Secretary, after consideration of the exceptions and any supporting
briefs filed therewith and of any objections to the exceptions and any
supporting reasons, may issue a final decision.
(2) An initial decision and a final decision made under this
paragraph shall include a statement of:
(i) Findings and conclusions, and the reasons or bases therefor, on
all issues presented; and
(ii) The terms and conditions of the rule or order made.
(3) A copy of an initial decision and a final decision under this
paragraph shall be served on each party.
(b) Hearings on issues of fact. Where a genuine material question of
fact is raised, the hearing examiner shall, and in any other case he
may, set the case for an evidentiary hearing in accordance with subpart
C of this part.
Subpart E_Effect of Initial Decisions
Sec. 1905.50 Effect of appeal of a hearing examiner's decision.
A hearing examiner's decision under this part shall not be operative
pending a decision on appeal by the Assistant Secretary.
Sec. 1905.51 Finality for purposes of judicial review.
Only a decision by the Assistant Secretary shall be deemed final
agency action for purposes of judicial review. A decision by a hearing
examiner which becomes final for lack of appeal is not deemed final
agency action for purposes of 5 U.S.C. 704.
PART 1906_ADMINISTRATION WITNESSES AND DOCUMENTS IN PRIVATE LITIGATION
[RESERVED]
PART 1908_CONSULTATION AGREEMENTS--Table of Contents
Sec.
1908.1 Purpose and scope.
[[Page 87]]
1908.2 Definitions.
1908.3 Eligibility and funding.
1908.4 Offsite consultation.
1908.5 Requests and scheduling for onsite consultation.
1908.6 Conduct of a visit.
1908.7 Relationship to enforcement.
1908.8 Consultant specifications.
1908.9 Monitoring and evaluation.
1908.10 Cooperative Agreements.
1908.11 Exclusions.
Authority: Secs. 7(c), 8, 21(d), Occupational Safety and Health Act
of 1970 (29 U.S.C. 656, 657, 670) and Secretary of Labor's Order No. 6-
96 (62 FR 111, January 2, 1997).
Source: 49 FR 25094, June 19, 1984, unless otherwise noted.
Sec. 1908.1 Purpose and scope.
(a) This part contains requirements for Cooperative Agreements
between states and the Federal Occupational Safety and Health
Administration (OSHA) under sections 21(c) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.) and section 21(d), the
Occupational Safety and Health Administration Compliance Assistance
Authorization Act of 1998 (which amends the Occupational Safety and
Health Act,) under which OSHA will utilize state personnel to provide
consultative services to employers. Priority in scheduling such
consultation visits must be assigned to requests received from small
businesses which are in higher hazard industries or have the most
hazardous conditions at issue in the request. Consultation programs
operated under the authority of a state plan approved under section 18
of the Act (and funded under section 23(g), rather than under a
Cooperative Agreement) which provide consultative services to private
sector employers, must be ``at least as effective as'' the section 21(d)
Cooperative Agreement programs established by this part. The service
will be made available at no cost to employers to assist them in
establishing effective occupational safety and health programs for
providing employment and places of employment which are safe and
healthful. The overall goal is to prevent the occurrence of injuries and
illnesses which may result from exposure to hazardous workplace
conditions and from hazardous work practices. The principal assistance
will be provided at the employer's worksite, but off-site assistance may
also be provided by telephone and correspondence and at locations other
than the employer's worksite, such as the consultation project offices.
At the worksite, the consultant will, within the scope of the employer's
request, evaluate the employer's program for providing employment and a
place of employment which is safe and healthful, as well as identify
specific hazards in the workplace, and will provide appropriate advice
and assistance in establishing or improving the employer's safety and
health program and in correcting any hazardous conditions identified.
(b) Assistance may include education and training of the employer,
the employer's supervisors, and the employer's other employees as needed
to make the employer self-sufficient in ensuring safe and healthful work
and working conditions. Although onsite consultation will be conducted
independent of any OSHA enforcement activity, and the discovery of
hazards will not mandate citation or penalties, the employer remains
under a statutory obligation to protect employees, and in certain
instances will be required to take necessary protective action. Employer
correction of hazards identified by the consultant during a
comprehensive workplace survey, and implementation of certain core
elements of an effective safety and health program and commitment to the
completion of others may serve as the basis for employer exemption from
certain OSHA enforcement activities. States entering into Agreements
under this part will receive ninety percent Federal reimbursement for
allowable costs, and will provide consultation to employers requesting
the service, subject to scheduling priorities, available resources, and
any other limitations established by the Assistant Secretary as part of
the Cooperative Agreement.
(c) States operating approved Plans under section 18 of the Act
shall, in accord with section 18(b), establish enforcement policies
applicable to the safety and health issues covered by the
[[Page 88]]
State Plan which are at least as effective as the enforcement policies
established by this part, including a recognition and exemption program.
[49 FR 25094, June 19, 1984, as amended at 65 FR 64290, Oct. 26, 2000]
Sec. 1908.2 Definitions.
As used in this part:
Act means the Federal Occupational Safety and Health Act of 1970.
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health.
Compliance Officer means a Federal compliance safety and health
officer.
Consultant means an employee under a Cooperative Agreement pursuant
to this part who provides consultation.
Consultation means all activities related to the provision of
consultative assistance under this part, including offsite consultation
and onsite consultation.
Cooperative Agreement means the legal instrument which enables the
States to collaborate with OSHA to provide consultation in accord with
this part.
Designee means the State official designated by the Governor to be
responsible for entering into a Cooperative Agreement in accord with
this part.
Education means planned and organized activity by a consultant to
impart information to employers and employees to enable them to
establish and maintain employment and a place of employment which is
safe and healthful.
Employee means an employee of an employer who is employed in the
business of that employer which affects interstate commerce.
Employee representative, as used in the OSHA consultation program
under this part, means the authorized representative of employees at a
site where there is a recognized labor organization representing
employees.
Employer means a person engaged in a business who has employees, but
does not include the United States (not including the United States
Postal Service,) or any state or political subdivision of a state.
Hazard correction means the elimination or control of a workplace
hazard in accord with the requirements of applicable Federal or State
statutes, regulations or standards.
Imminent danger means any conditions or practices in a place of
employment which are such that a danger exists which could reasonably be
expected to cause death or serious physical harm immediately or before
the imminence of such danger can be eliminated through the procedures
set forth in Sec. 1908.6(e)(4), (f) (2) and (3), and (g).
List of Hazards means a list of all serious hazards that are
identified by the consultant and the correction due dates agreed upon by
the employer and the consultant. Serious hazards include hazards
addressed under section 5(a)(1) of the OSH Act and recordkeeping
requirements classified as serious. The List of Hazards will accompany
the consultant's written report but is separate from the written report
to the employer.
Offsite consultation means the provision of consultative assistance
on occupational safety and health issues away from an employer's
worksite by such means as telephone and correspondence, and at locations
other than the employer's worksite, such as the consultation project
offices. It may, under limited conditions specified by the Assistant
Secretary, include training and education.
Onsite consultation means the provision of consultative assistance
on an employer's occupational safety and health program and on specific
workplace hazards through a visit to an employer's worksite. It includes
a written report to the employer on the findings and recommendations
resulting from the visit. It may include training and education needed
to address hazards, or potential hazards, at the worksite.
OSHA means the Federal Occupational Safety and Health Administration
or the State agency responsible under a Plan approved under section 18
of the Act for the enforcement of occupational safety and health
standards in that State.
Other-than-serious hazard means any condition or practice which
would be classified as an other-than-serious violation of applicable
federal or state statutes, regulations or standards,
[[Page 89]]
based on criteria contained in the current OSHA field instructions or
approved State Plan counterpart.
Programmed inspection means OSHA worksite inspections which are
scheduled based upon objective or neutral criteria. These inspections do
not include imminent danger, fatality/catastrophe, and formal
complaints.
Programmed inspection schedule means OSHA inspections scheduled in
accordance with criteria contained in the current OSHA field
instructions or approved State Plan counterpart.
RA means the Regional Administrator for Occupational Safety and
Health of the Region in which the State concerned is located.
Recognition and exemption program means an achievement recognition
program of the OSHA consultation services which recognizes small
employers who operate, at a particular worksite, an exemplary program
that results in the immediate and long term prevention of job related
injuries and illnesses.
Serious hazard means any condition or practice which would be
classified as a serious violation of applicable federal or state
statutes, regulations or standards, based on criteria contained in the
current OSHA field instructions or approved State Plan counterpart,
except that the element of employer knowledge shall not be considered.
State includes a State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Trust Territory of the Pacific Islands.
Training means the planned and organized activity of a consultant to
impart skills, techniques and methodologies to employers and their
employees to assist them in establishing and maintaining employment and
a place of employment which is safe and healthful.
[49 FR 25094, June 19, 1984, as amended at 65 FR 64290, Oct. 26, 2000]
Sec. 1908.3 Eligibility and funding.
(a) State eligibility. Any state may enter into an agreement with
the Assistant Secretary to perform consultation for private sector
employers; except that a state having a plan approved under section 18
of the Act is eligible to participate in the program only if that Plan
does not include provisions for federally funded consultation to private
sector employers as a part of its plan.
(b) Reimbursement. (1) The Assistant Secretary will reimburse 90
percent of the costs incurred under a Cooperative Agreement entered into
pursuant to this part. Approved training of State staff operating under
a Cooperative Agreement and specified out-of-State travel by such staff
will be fully reimbursed.
(2) Reimbursement to States under this part is limited to costs
incurred in providing consultation to private sector employers only.
(i) In all States with Plans approved under section 18 of the Act,
consultation provided to State and local governments, as well as the
remaining range of voluntary compliance activities referred to in 29 CFR
1902.4(c)(2)(xiii), will not be affected by the provisions of this part.
Federal reimbursement for these activities will be made in accordance
with the provisions of section 23(g) of the Act.
(ii) In States without Plans approved under section 18, no Federal
reimbursement for consultation provided to State and local governments
will be allowed, although this activity may be conducted independently
by a State with 100 percent State funding.
[49 FR 25094, June 19, 1984, as amended at 65 FR 64291, Oct. 26, 2000]
Sec. 1908.4 Offsite consultation.
The State may provide consultative services to employers on
occupational safety and health issues by telephone and correspondence,
and at locations other than the employer's worksite, such as the
consultation project offices. It may, under limited conditions specified
by the Assistant Secretary, include training and education.
Sec. 1908.5 Requests and scheduling for onsite consultation.
(a) Encouraging requests--(1) State responsibility. The State shall
be responsible for encouraging employers to request consultative
assistance and shall publicize the availability of its consultative
service and the scope of the
[[Page 90]]
service which will be provided. The Assistant Secretary will also engage
in activities to publicize and promote the program.
(2) Promotional methods. To inform employers of the availability of
its consultative service and to encourage requests, the State may use
methods such as the following:
(i) Paid newspaper advertisements;
(ii) Newspaper, magazine, and trade publication articles;
(iii) Special direct mailings or telephone solicitations to
establishments based on workers' compensation data or other appropriate
listings;
(iv) In-person visits to workplaces to explain the availability of
the service, and participation at employer conferences and seminars;
(v) Solicitation of support from State business and labor
organizations and leaders, and public officials;
(vi) Solicitation of publicizing by employers and employees who have
received consultative services;
(vii) Preparation and dissemination of publications, descriptive
materials, and other appropriate items on consultative services;
(viii) Free public service announcements on radio and television.
(3) Scope of service. In its publicity for the program, in response
to any inquiry, and before an employer's request for a consultative
visit may be accepted, the state shall clearly explain that the service
is provided at no cost to an employer with federal and state funds for
the purpose of assisting the employer in establishing and maintaining
effective programs for providing safe and healthful places of employment
for employees, in accord with the requirements of the applicable state
or federal laws and regulations. The state shall explain that while
utilizing this service, an employer remains under a statutory obligation
to provide safe and healthful work and working conditions for employees.
In addition, while the identification of hazards by a consultant will
not mandate the issuance of citations or penalties, the employer is
required to take necessary action to eliminate employee exposure to a
hazard which in the judgment of the consultant represents an imminent
danger to employees, and to take action to correct within a reasonable
time any serious hazards that are identified. The state shall emphasize,
however, that the discovery of such a hazard will not initiate any
enforcement activity, and that referral will not take place, unless the
employer fails to eliminate the identified hazard within the established
time frame. The state shall also explain the requirements for
participation in the recognition and exemption program as set forth in
Sec. 1908.7(b)(4), and shall ensure that the employer understands his
or her obligation to post the List of Hazards accompanying the
consultant's written report.
(b) Employer requests. (1) An onsite consultative visit will be
provided only at the request of the employer, and shall not result from
the enforcement of any right of entry under state law.
(2) When making a request, an employer in a small, high hazard
establishment shall generally be encouraged to include within the scope
of such request all working conditions at the worksite and the
employer's entire safety and health program. However, a more limited
scope may be encouraged in larger and less hazardous establishments.
Moreover, any employer may specify a more limited scope for the visit by
indicating working conditions, hazards, or situations on which onsite
consultation will be focused. When such limited requests are at issue,
the consultant will limit review and provide assistance only with
respect to those working conditions, hazards, or situations specified;
except that if the consultant observes, in the course of the onsite
visit, hazards which are outside the scope of the request, the
consultant must treat such hazards as though they were within the scope
of the request.
(3) Employers may request onsite consultation to assist in the
abatement of hazards cited during an OSHA enforcement inspection.
However, an onsite consultative visit may not take place after an
inspection until the conditions set forth in Sec. 1908.7(b)(3) have
been met.
(c) Scheduling priority. Priority shall be assigned to requests from
businesses with the most hazardous operations, with primary attention to
smaller businesses. Preference shall be given to
[[Page 91]]
the smaller businesses which are in higher hazard industries or which
have the most hazardous conditions at issue in the request.
[49 FR 25094, June 19, 1984, as amended at 65 FR 64291, Oct. 26, 2000]
Sec. 1908.6 Conduct of a visit.
(a) Preparation. (1) An onsite consultative visit shall be made only
after appropriate preparation by the consultant. Prior to the visit, the
consultant shall become familiar with as many factors concerning the
establishment's operation as possible. The consultant shall review all
applicable codes and standards. In addition, the consultant shall assure
that all necessary technical and personal protective equipment is
available and functioning properly.
(2) At the time of any promotional visit conducted by a consultant
to encourage the use of the onsite consultative services, a consultation
may be performed without delay if the employer so requests and the
consultant is otherwise prepared to conduct such consultation.
(b) Structured format. An initial onsite consultative visit will
consist of an opening conference, an examination of those aspects of the
employer's safety and health program which relate to the scope of the
visit, a walkthrough of the workplace, and a closing conference. An
initial visit may include training and education for employers and
employees, if the need for such training and education is revealed by
the walkthrough of the workplace and the examination of the employer's
safety and health program, and if the employer so requests. The visit
shall be followed by a written report to the employer. Additional visits
may be conducted at the employer's request to provide needed education
and training, assistance with the employer's safety and health program,
technical assistance in the correction of hazards, or as necessary to
verify the correction of serious hazards identified during previous
visits. A compliance inspection may in some cases be the basis for a
visit limited to education and training, assistance with the employer's
safety and health program, or technical assistance in the correction of
hazards.
(c) Employee participation. (1) The consultant shall retain the
right to confer with individual employees during the course of the visit
in order to identify and judge the nature and extent of particular
hazards within the scope of the employer's request, and to evaluate the
employer's safety and health program. The consultant shall explain the
necessity for this contact to the employer during the opening
conference, and an employer must agree to permit such contact before a
visit can proceed.
(2)(i) In addition, an employee representative of affected employees
must be afforded an opportunity to accompany the consultant and the
employer's representative during the physical inspection of the
workplace. The consultant may permit additional employees (such as
representatives of a joint safety and health committee, if one exists at
the worksite) to participate in the walkaround, where the consultant
determines that such additional representatives will further aid the
visit.
(ii) If there is no employee representative, or if the consultant is
unable with reasonable certainty to determine who is such a
representative, or if the employee representative declines the offer to
participate, the consultant must confer with a reasonable number of
employees concerning matters of occupational safety and health.
(iii) The consultant is authorized to deny the right to accompany
under this section to any person whose conduct interferes with the
orderly conduct of the visit.
(d) Opening and closing conferences. (1) The consultant will
encourage a joint opening conference with employer and employee
representatives. If there is an objection to a joint conference, the
consultant will conduct separate conferences with employer and employee
representatives. The consultant must inform affected employees, with
whom he confers, of the purpose of the consultation visit.
(2) In addition to the requirements of paragraph (c) of this
section, the consultant will, in the opening conference, explain to the
employer the relationship between onsite consultation and OSHA
enforcement activity, explain the obligation to protect employees in
[[Page 92]]
the event that certain hazardous conditions are identified, and
emphasize the employer's obligation to post the List of Hazards
accompanying the consultant's written report as described in paragraph
(e)(8) of this section.
(3) At the conclusion of the consultation visit, the consultant will
conduct a closing conference with employer and employee representatives,
jointly or separately. The consultant will describe hazards identified
during the visit and other pertinent issues related to employee safety
and health.
(e) Onsite activity. (1) Activity during the onsite consultative
visit will focus primarily on those areas, conditions, or hazards
regarding which the employer has requested assistance. An employer may
expand or reduce the scope of the request at any time during the onsite
visit. The consultant shall, if prepared and if scheduling priorities
permit, expand the scope of the visit at the time of the request. If the
employer's request for expansion necessitates further preparation by the
consultant or the expertise of another consultant, or if other employer
requests may merit higher priority, the consultant shall refer the
request to the consultation manager for scheduling. In all cases in
which the scope of the visit is reduced, the consultant remains
obligated to work with the employer to ensure correction of those
serious hazards which are identified during the visit.
(2) The consultant shall advise the employer as to the employer's
obligations and responsibilities under applicable Federal or State law
and implementing regulations.
(3) Within the scope of the employer's request, consultants shall
review the employer's safety and health program and provide advice on
modifications or additions to make such programs more effective.
(4) Consultants shall identify and provide advice on correction of
those hazards included in the employer's request and any other safety or
health hazards observed in the workplace during the course of the onsite
consultative visit. This advice shall include basic information
indicating the possibility of a solution and describing the general form
of the solution. The consultant shall conduct sampling and testing, with
subsequent analyses. as may be necessary to confirm the existence of
safety and health hazards.
(5) Advice and technical assistance on the correction of identified
safety and health hazards may be provided to employers during and after
the onsite consultative visit. Descriptive materials may be provided on
approaches, means, techniques, and other appropriate items commonly
utilized for the elimination or control of such hazards. The consultants
shall also advise the employers of additional sources of assistance, if
known.
(6) When a hazard is identified in the workplace, the consultant
shall indicate to the employer the consultant's best judgment as to
whether the situation would be classified as a ``serious'' or ``other-
than-serious'' hazard.
(7) At the time the consultant determines that a serious hazard
exists, the consultant will assist the employer to develop a specific
plan to correct the hazard, affording the employer a reasonable period
of time to complete the necessary action. The state must provide, upon
request from the employer within 15 working days of receipt of the
consultant's report, a prompt opportunity for an informal discussion
with the consultation manager regarding the period of time established
for the correction of a hazard or any other substantive finding of the
consultant.
(8) As a condition for receiving the consultation service, the
employer must agree to post the List of Hazards accompanying the
consultant's written report, and to notify affected employees when
hazards are corrected. When received, the List of Hazards must be
posted, unedited, in a prominent place where it is readily observable by
all affected employees for 3 working days, or until the hazards are
corrected, whichever is later. A copy of the List of Hazards must be
made available to the employee representative who participates in the
visit. In addition, the employer must agree to make information on the
corrective actions proposed by the consultant, as well as other-than-
serious hazards identified, available at the
[[Page 93]]
worksite for review by affected employees or the employee
representative. OSHA will not schedule a compliance inspection in
response to a complaint based upon a posted List of Hazards unless the
employer fails to meet his obligations under paragraph (f) of this
section, or fails to provide interim protection for exposed employees.
(f) Employer obligations. (1) An employer must take immediate action
to eliminate employee exposure to a hazard which, in the judgment of the
consultant, presents an imminent danger to employees. If the employer
fails to take the necessary action, the consultant must immediately
notify the affected employees and the appropriate OSHA enforcement
authority and provide the relevant information.
(2) An employer must also take the necessary action in accordance
with the plan developed under paragraph (e)(7) of this section to
eliminate or control employee exposure to any identified serious hazard,
and meet the posting requirements of paragraph (e)(8) of this section.
In order to demonstrate that the necessary action is being taken, an
employer may be required to submit periodic reports, permit a follow-up
visit, or take similar action that achieves the same end.
(3) An employer may request, and the consultation manager may grant,
an extension of the time frame established for correction of a serious
hazard when the employer demonstrates having made a good faith effort to
correct the hazard within the established time frame; shows evidence
that correction has not been completed because of factors beyond the
employer's reasonable control; and shows evidence that the employer is
taking all available interim steps to safeguard the employees against
the hazard during the correction period.
(4) If the employer fails to take the action necessary to correct a
serious hazard within the established time frame or any extensions
thereof, the consultation manager shall immediately notify the
appropriate OSHA enforcement authority and provide the relevant
information. The OSHA enforcement authority will make a determination,
based on a review of the facts, whether enforcement activity is
warranted.
(5) After correction of all serious hazards, the employer shall
notify the consultation manager by written confirmation of the
correction of the hazards, unless correction of the serious hazards is
verified by direct observation by the consultant.
(g) Written report. (1) A written report shall be prepared for each
visit which results in substantive findings or recommendations, and
shall be sent to the employer. The timing and format of the report shall
be approved by the Assistant Secretary. The report shall restate the
employer's request and describe the working conditions examined by the
consultant; shall, within the scope of the request, evaluate the
employer's program for ensuring safe and healthful employment and
provide recommendations for making such programs effective; shall
identify specific hazards and describe their nature, including reference
to applicable standards or codes; shall identify the seriousness of the
hazards; and, to the extent possible, shall include suggested means or
approaches to their correction. Additional sources of assistance shall
also be indicated, if known, including the possible need to procure
specific engineering consultation, medical advice and assistance, and
other appropriate items. The report shall also include reference to the
completion dates for the situations described in Sec. 1908.6(f) (1) and
(2).
(2) Because the consultant's written report contains information
considered confidential, and because disclosure of such reports would
adversely affect the operation of the OSHA consultation program, the
state shall not disclose the consultant's written report except to the
employer for whom it was prepared and as provided for in Sec.
1908.7(a)(3). The state may also disclose information contained in the
consultant's written report to the extent required by 29 CFR 1910.1020
or other applicable OSHA standards or regulations.
(h) Confidentiality. (1) The consultant shall preserve the
confidentiality of information obtained as the result of a consultative
visit which contains or
[[Page 94]]
might reveal a trade secret of the employer.
(2) Disclosure of consultation program information which identifies
employers who have requested the services of a consultant would
adversely affect the operation of the OSHA consultation program as well
as breach the confidentiality of commercial information not customarily
disclosed by the employer. Accordingly, the state shall keep such
information confidential. The state shall provide consultation program
information requested by OSHA, including information which identifies
employers who have requested consultation services. OSHA may use such
information to administer the consultation program and to evaluate state
and federal performance under that program, but shall, to the maximum
extent permitted by law, treat information which identifies specific
employers as exempt from public disclosure.
(Approved by the Office of Management and Budget under control number
1218-0110)
[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989; 65
FR 64291, Oct. 26, 2000]
Sec. 1908.7 Relationship to enforcement.
(a) Independence. (1) Consultative activity by a State shall be
conducted independently of any OSHA enforcement activity.
(2) The consultative activity shall have its own identifiable
managerial staff. In States with Plans approved under section 18 of the
Act, this staff will be separate from the managing of compliance
inspections and scheduling.
(3) The identity of employers requesting onsite consultation, as
well as the file of the consultant's visit, shall not be provided to
OSHA for use in any compliance activity, except as provided for in Sec.
1908.6(f)(1) (failure to eliminate imminent danger,) Sec. 1908.6(f)(4)
(failure to eliminate serious hazards,) paragraph (b)(1) of this section
(inspection deferral) and paragraph (b)(4) of this section (recognition
and exemption program).
(b) Effect upon scheduling. (1) An onsite consultative visit already
in progress will have priority over OSHA compliance inspections except
as provided in paragraph (b)(2) of this section. The consultant and the
employer shall notify the compliance officer of the visit in progress
and request delay of the inspection until after the visit is completed.
An onsite consultative visit shall be considered ``in progress'' in
relation to the working conditions, hazards, or situations covered by
the visit from the beginning of the opening conference through the end
of the correction due dates and any extensions thereof. OSHA may, in
exercising its authority to schedule compliance inspections, assign a
lower priority to worksites where consultation visits are scheduled.
(2) The consultant shall terminate an onsite consultative visit
already in progress where one of the following kinds of OSHA compliance
inspections is about to take place:
(i) Imminent danger investigations;
(ii) Fatality/catastrophe investigations;
(iii) Complaint investigations;
(iv) Other critical inspections as determined by the Assistant
Secretary.
(3) An onsite consultation visit may not take place while an OSHA
enforcement inspection is in progress at the establishment. An
enforcement inspection shall be deemed ``in progress'' from the time a
compliance officer initially seeks entry to the workplace to the end of
the closing conference. An enforcement inspection will also be
considered ``in progress'' in cases where entry is refused, until such
times as: the inspection is conducted; the RA determines that a warrant
to require entry to the workplace will not be sought; or the RA
determines that allowing a consultative visit to proceed is in the best
interest of employee safety and health. An onsite consultative visit
shall not take place subsequent to an OSHA enforcement inspection until
a determination has been made that no citation will be issued, or if a
citation is issued, onsite consultation shall only take place with
regard to those citation items which have become final orders.
(4) The recognition and exemption program operated by the OSHA
consultation projects provide incentives and support to smaller, high-
hazard
[[Page 95]]
employers to work with their employees to develop, implement, and
continuously improve the effectiveness of their workplace safety and
health management system.
(i) Programmed Inspection Schedule. (A) When an employer requests
participation in a recognition and exemption program, and undergoes a
consultative visit covering all conditions and operations in the place
of employment related to occupational safety and health; corrects all
hazards that were identified during the course of the consultative visit
within established time frames; has began to implement all the elements
of an effective safety and health program; and agrees to request a
consultative visit if major changes in working conditions or work
processes occur which may introduce new hazards, OSHA's Programmed
Inspections at that particular site may be deferred while the employer
is working to achieve recognition and exemption status.
(B) Employers who meet all the requirements for recognition and
exemption will have the names of their establishments removed from
OSHA's Programmed Inspection Schedule for a period of not less than one
year. The exemption period will extend from the date of issuance by the
Regional Office of the certificate of recognition.
(ii) Inspections. OSHA will continue to make inspections in the
following categories at sites that achieved recognition status and have
been granted exemption from OSHA's Programmed Inspection Schedule; and
at sites granted inspection deferrals as provided for under paragraph
(b)(4)(i)(A) of this section:
(A) Imminent danger.
(B) Fatality/Catastrophe.
(C) Formal Complaints.
(5) When an employer requests consideration for participation in the
recognition and exemption program under paragraph (b)(4) of this
section, the provisions of Sec. 1908.6(e)(7), (e)(8), (f)(3), and
(f)(5) shall apply to other-than-serious hazards as well as serious
hazards.
(c) Effect upon enforcement. (1) The advice of the consultant and
the consultant's written report will not be binding on a compliance
officer in a subsequent enforcement inspection. In a subsequent
inspection, a compliance officer is not precluded from finding hazardous
conditions, or violations of standards, rules or regulations, for which
citations would be issued and penalties proposed.
(2) The hazard identification and correction assistance given by a
State consultant, or the failure of a consultant to point out a specific
hazard, or other possible errors or omissions by the consultant, shall
not be binding upon a compliance officer and need not affect the regular
conduct of a compliance inspection or preclude the finding of alleged
violations and the issuance of citations, or constitute a defense to any
enforcement action.
(3) In the event of a subsequent inspection, the employer is not
required to inform the compliance officer of the prior visit. The
employer is not required to provide a copy of the state consultant's
written report to the compliance officer, except to the extent that
disclosure of information contained in the report is required by 29 CFR
1910.1020 or other applicable OSHA standard or regulation. If, during a
subsequent enforcement investigation, OSHA independently determines
there is reason to believe that the employer: failed to correct serious
hazards identified during the course of a consultation visit; created
the same hazard again; or made false statements to the state or OSHA in
connection with participation in the consultation program, OSHA may
exercise its authority to obtain the consultation report.
(4) If, however, the employer chooses to provide a copy of the
consultant's report to a compliance officer, it may be used as a factor
in determining the extent to which an inspection is required and as a
factor in determining proposed penalties. When, during the course of a
compliance inspection, an OSHA compliance officer identifies the
existence of serious hazards previously identified as a result of a
consultative visit, the Area Director shall have authority to assess
minimum penalties if the employer is in good faith complying with the
recommendations of a
[[Page 96]]
consultant after such consultative visit.
(Approved by the Office of Management and Budget under control number
1218-0110)
[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989; 65
FR 64292, Oct. 26, 2000]
Sec. 1908.8 Consultant specifications.
(a) Number. (1) The number of consultant positions which will be
funded under a Cooperative Agreement pursuant to this part for the
purpose of providing consultation to private sector employers will be
determined by the Assistant Secretary on the basis of program
performance, demand for services, industrial mix, resources available,
and the recommendation of the RA, and may be adjusted periodically.
(2) States shall make efforts to utilize consultants with the safety
and health expertise necessary to properly meet the demand for
consultation by the various industries within a State. The RA will
determine and negotiate a reasonable balance with the State on an annual
basis.
(b) Qualifications. (1) All consultants utilized under Cooperative
Agreements pursuant to this part shall be employees of the State,
qualified under State requirements for employment in occupational safety
and health. They must demonstrate adequate education and experience to
satisfy the RA before assignment to work under an Agreement, and
annually thereafter, that they meet the requirements set out in Sec.
1908.8(b)(2), and that they have the ability to perform satisfactorily
pursuant to the Cooperative Agreement. Persons who have the potential
but do not yet demonstrate adequate education and experience to satisfy
the RA that they have the ability to perform consultant duties
independently may, with RA approval, be trained under a Cooperative
Agreement to perform consultant duties. Such persons may not, however,
perform consultant duties independently until it has been determined by
the RA that they meet the requirements and have the ability indicated.
All consultants shall be selected in accordance with the provisions of
Executive Order 11246 of September 24, 1965, as amended, entitled
``Equal Employment Opportunity.''
(2) Minimum requirements of consultants shall include the following:
(i) The ability to identify hazards; the ability to assess employee
exposure and risk; knowledge of OSHA standards; knowledge of hazard
correction techniques and practices; knowledge of workplace safety and
health program requirements; and the ability to effectively communicate,
both orally and in writing.
(ii) Consultants shall meet any additional degree and/or experience
requirements as may be established by the Assistant Secretary.
(c) Training. As necessary, the Assistant Secretary will specify
immediate and continuing training requirements for consultants. Expenses
for training which is required by the Assistant Secretary or approved by
the RA will be reimbursed in full.
Sec. 1908.9 Monitoring and evaluation.
(a) Assistant Secretary responsibility. A State's performance under
a Cooperative Agreement will be regularly monitored and evaluated by the
Assistant Secretary as part of a systematic Federal plan for this
activity. The Assistant Secretary may require changes as a result of
these evaluations to foster conformance with consultation policy. If the
State policies or practices which require change are such that the
State's assurance of correction of serious hazards and of the
effectiveness of employers' safety and health programs is in doubt, the
Assistant Secretary may, pending the completion of the changes, suspend
recognition of a State's consultative visits as a basis for exemption
from compliance inspection as permitted under Sec. 1908.7(b)(4).
(b) Consultant performance--(1) State activity. The State shall
establish and maintain an organized consultant performance monitoring
system under the Cooperative Agreement:
(i) Operation of the system shall conform to all requirements
established by the Assistant Secretary. The system shall be approved by
the Assistant Secretary before it is placed in operation.
(ii) A performance evaluation of each State consultant performing
consultation services for employers shall be prepared annually. All
aspects of a consultant's performance shall be reviewed
[[Page 97]]
at that time. Recommendation for remedial action shall be made and acted
upon. The annual evaluation report shall be a confidential State
personnel record and may be timed to coincide with regular personnel
evaluations.
(iii) Performance of individual consultants shall be measured in
terms of their ability to identify hazards in the workplaces which they
have visited; their ability to determine employee exposure and risk, and
in particular their performance under Sec. 1908.6 (e) and (f); their
knowledge and application of applicable Federal or State statutes,
regulations or standards; their knowledge and application of appropriate
hazard correction techniques and approaches; their knowledge and
application of the requirements of an effective workplace safety and
health program; and their ability to communicate effectively their
findings and recommendations and the reasons for them to employers, and
relevant information, skills and techniques to employers and employees.
(iv) Accompanied visits to observe consultants during onsite
consultative visits shall be conducted periodically in accord with a
plan established in each annual Cooperative Agreement. The State may
also conduct unaccompanied visits to workplaces which received onsite
consultation, for the purpose of evaluating consultants. A written
report of each visit shall be provided to the consultant. These visits
shall be conducted only with the expressed permission of the employer
who requests the onsite consultative visit.
(v) The State will report quarterly to the RA on system operations,
including copies of accompanied visit reports completed that quarter.
(2) Federal activity. State consultant performance monitoring as set
out in Sec. 1908.9(b)(1) shall not preclude Federal monitoring activity
by methods determined to be appropriate by the Assistant Secretary.
(c) State reporting. For Federal monitoring and evaluation purposes,
the State shall compile and submit such factual and statistical data in
the format and at the frequency required by the Assistant Secretary. The
State shall prepare and submit to the RA any narrative reports,
including copies of written reports to employers as may be required by
the Assistant Secretary.
(Approved by the Office of Management and Budget under control number
1218-0110)
[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989]
Sec. 1908.10 Cooperative Agreements.
(a) Who may make Agreements. The Assistant Secretary may make a
Cooperative Agreement under this part with the Governor of a State or
with any State agency designated for that purpose by the Governor.
(b) Negotiations. (1) Procedures for negotiations may be obtained
through the RA who will negotiate for the Assistant Secretary and make
final recommendations on each Agreement to the Assistant Secretary.
(2) States with Plans approved under section 18 of the Act may
initiate negotiations in anticipation of the withdrawal from the Plan of
Federally funded onsite consultation services to private sector
employers.
(3) Renegotiation of existing Agreements funded under this part
shall be initiated within 30 days of the effective date of these
revisions.
(c) Contents of Cooperative Agreement. (1) Any Agreement and
subsequent modifications shall be in writing and signed by both parties.
(2) Each Agreement shall provide that the State will conform its
operations under the Agreement to:
(i) The requirements contained in this part 1908;
(ii) All related formal directives subsequently issued by the
Assistant Secretary implementing this regulation.
(3) Each Agreement shall contain such other explicit written
commitments in conformance with the provisions of this part as may be
required by the Assistant Secretary. Each Agreement shall also include a
budget of the State's anticipated expenditures under the Agreement, in
the detail and format required by the Assistant Secretary.
(d) Location of sample Cooperative Agreement. A sample Agreement is
available for inspection at all Regional Offices of the Occupational
Safety and Health Administration of the U.S. Department of Labor.
[[Page 98]]
(e) Action upon requests. The State will be notified within a
reasonable period of time of any decision concerning its request for a
Cooperative Agreement. If a request is denied, the State will be
informed in writing of the reasons supporting the decision. If a
Cooperative Agreement is negotiated, the initial finding will specify
the period for the Agreement. Additional funds may be added at a later
time provided the activity is satisfactorily carried out and
appropriations are available. The State may also be required to amend
the Agreement for continued support.
(f) Termination. Either party may terminate a Cooperative Agreement
under this part upon 30 days' written notice to the other party.
(Approved by the Office of Management and Budget under control number
1218-0110)
[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989]
Sec. 1908.11 Exclusions.
A Cooperative Agreement under this part will not restrict in any
manner the authority and responsibility of the Assistant Secretary under
sections 8, 9, 10, 13, and 17 of the Act, or any corresponding State
authority.
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents
Subpart A_General
Sec.
1910.1 Purpose and scope.
1910.2 Definitions.
1910.3 Petitions for the issuance, amendment, or repeal of a standard.
1910.4 Amendments to this part.
1910.5 Applicability of standards.
1910.6 Incorporation by reference.
1910.7 Definition and requirements for a nationally recognized testing
laboratory.
1910.8 OMB control numbers under the Paperwork Reduction Act.
1910.9 Compliance duties owed to each employee.
Subpart B_Adoption and Extension of Established Federal Standards
1910.11 Scope and purpose.
1910.12 Construction work.
1910.15 Shipyard employment.
1910.16 Longshoring and marine terminals.
1910.17 Effective dates.
1910.18 Changes in established Federal standards.
1910.19 Special provisions for air contaminants.
Subpart C [Reserved]
Subpart D_Walking-Working Surfaces
1910.21 Definitions.
1910.22 General requirements.
1910.23 Guarding floor and wall openings and holes.
1910.24 Fixed industrial stairs.
1910.25 Portable wood ladders.
1910.26 Portable metal ladders.
1910.27 Fixed ladders.
1910.28 Safety requirements for scaffolding.
1910.29 Manually propelled mobile ladder stands and scaffolds (towers).
1910.30 Other working surfaces.
Subpart E_Exit Routes and Emergency Planning
1910.33 Table of contents.
1910.34 Coverage and definitions.
1910.35 Compliance with alternate exit-route codes.
1910.36 Design and construction requirements for exit routes.
1910.37 Maintenance, safeguards, and operational features for exit
routes.
1910.38 Emergency action plans.
1910.39 Fire prevention plans.
Appendix to Subpart E of Part 1910--Exit Routes, Emergency Action Plans,
and Fire Prevention Plans
Subpart F_Powered Platforms, Manlifts, and Vehicle-Mounted Work
Platforms
1910.66 Powered platforms for building maintenance.
1910.67 Vehicle-mounted elevating and rotating work platforms.
1910.68 Manlifts.
Subpart G_Occupational Health and Environmental Control
1910.94 Ventilation.
1910.95 Occupational noise exposure.
1910.97 Nonionizing radiation.
1910.98 Effective dates.
Subpart H_Hazardous Materials
1910.101 Compressed gases (general requirements).
1910.102 Acetylene.
1910.103 Hydrogen.
1910.104 Oxygen.
1910.105 Nitrous oxide.
1910.106 Flammable liquids.
1910.107 Spray finishing using flammable and combustible materials.
[[Page 99]]
1910.108 [Reserved]
1910.109 Explosives and blasting agents.
1910.110 Storage and handling of liquified petroleum gases.
1910.111 Storage and handling of anhydrous ammonia.
1910.112-1910.113 [Reserved]
1910.119 Process safety management of highly hazardous chemicals.
1910.120 Hazardous waste operations and emergency response.
1910.121 [Reserved]
Dipping and Coating Operations
1910.122 Table of contents.
1910.123 Dipping and coating operations: Coverage and definitions.
1910.124 General requirements for dipping and coating operations.
1910.125 Additional requirements for dipping and coating operations that
use flammable liquids or liquids with flashpoints greater than
199.4 [deg]F (93 [deg]C).
1910.126 Additional requirements for special dipping and coating
operations.
Subpart I_Personal Protective Equipment
1910.132 General requirements.
1910.133 Eye and face protection.
1910.134 Respiratory protection.
1910.135 Head protection.
1910.136 Foot protection.
1910.137 Electrical protective equipment.
1910.138 Hand protection.
Appendix A to Subpart I of Part 1910--References for Further Information
(Non-mandatory)
Appendix B to Subpart I of Part 1910--Nonmandatory Compliance Guidelines
for Hazard Assessment and Personal Protective Equipment
Selection
Subpart J_General Environmental Controls
1910.141 Sanitation.
1910.142 Temporary labor camps.
1910.143 Nonwater carriage disposal systems. [Reserved]
1910.144 Safety color code for marking physical hazards.
1910.145 Specifications for accident prevention signs and tags.
1910.146 Permit-required confined spaces.
1910.147 The control of hazardous energy (lockout/tagout).
Subpart K_Medical and First Aid
1910.151 Medical services and first aid.
1910.152 [Reserved]
Subpart L_Fire Protection
1910.155 Scope, application and definitions applicable to this subpart.
1910.156 Fire brigades.
Portable Fire Suppression Equipment
1910.157 Portable fire extinguishers.
1910.158 Standpipe and hose systems.
Fixed Fire Suppression Equipment
1910.159 Automatic sprinkler systems.
1910.160 Fixed extinguishing systems, general.
1910.161 Fixed extinguishing systems, dry chemical.
1910.162 Fixed extinguishing systems, gaseous agent.
1910.163 Fixed extinguishing systems, water spray and foam.
Other Fire Protection Systems
1910.164 Fire detection systems.
1910.165 Employee alarm systems.
Appendices to Subpart L of Part 1910--Note
Appendix A to Subpart L of Part 1910--Fire Protection
Appendix B to Subpart L of Part 1910--National Consensus Standards
Appendix C to Subpart L of Part 1910--Fire Protection References For
Further Information
Appendix D to Subpart L of Part 1910--Availability of Publications
Incorporated by Reference in Section 1910.156 Fire Brigades
Appendix E to Subpart L of Part 1910--Test Methods for Protective
Clothing
Subpart M_Compressed Gas and Compressed Air Equipment
1910.166-1910.168 [Reserved]
1910.169 Air receivers.
Subpart N_Materials Handling and Storage
1910.176 Handling materials--general.
1910.177 Servicing multi-piece and single piece rim wheels.
1910.178 Powered industrial trucks.
1910.179 Overhead and gantry cranes.
1910.180 Crawler locomotive and truck cranes.
1910.181 Derricks.
1910.183 Helicopters.
1910.184 Slings.
Subpart O_Machinery and Machine Guarding
1910.211 Definitions.
1910.212 General requirements for all machines.
1910.213 Woodworking machinery requirements.
1910.214 Cooperage machinery. [Reserved]
1910.215 Abrasive wheel machinery.
1910.216 Mills and calenders in the rubber and plastics industries.
[[Page 100]]
1910.217 Mechanical power presses.
1910.218 Forging machines.
1910.219 Mechanical power-transmission apparatus.
Subpart P_Hand and Portable Powered Tools and Other Hand-Held Equipment
1910.241 Definitions.
1910.242 Hand and portable powered tools and equipment, general.
1910.243 Guarding of portable powered tools.
1910.244 Other portable tools and equipment.
Subpart Q_Welding, Cutting and Brazing
1910.251 Definitions.
1910.252 General requirements.
1910.253 Oxygen-fuel gas welding and cutting.
1910.254 Arc welding and cutting.
1910.255 Resistance welding.
Subpart R_Special Industries
1910.261 Pulp, paper, and paperboard mills.
1910.262 Textiles.
1910.263 Bakery equipment.
1910.264 Laundry machinery and operations.
1910.265 Sawmills.
1910.266 Logging operations.
1910.268 Telecommunications.
1910.269 Electric power generation, transmission, and distribution.
1910.272 Grain handling facilities.
Subpart S_Electrical
General
1910.301 Introduction.
Design Safety Standards for Electrical Systems
1910.302 Electric utilization systems.
1910.303 General.
1910.304 Wiring design and protection.
1910.305 Wiring methods, components, and equipment for general use.
1910.306 Specific purpose equipment and installations.
1910.307 Hazardous (classified) locations.
1910.308 Special systems.
1910.309-1910.330 [Reserved]
Safety-Related Work Practices
1910.331 Scope.
1910.332 Training.
1910.333 Selection and use of work practices.
1910.334 Use of equipment.
1910.335 Safeguards for personnel protection.
1910.336-1910.360 [Reserved]
Safety-Related Maintenance Requirements
1910.361-1910.380 [Reserved]
Safety Requirements for Special Equipment
1910.381-1910.398 [Reserved]
Definitions
1910.399 Definitions applicable to this subpart.
Appendix A to Subpart S of Part 1910--Reference Documents
Appendix B to Subpart S of Part 1910--Explanatory Data [Reserved]
Appendix C to Subpart S of Part 1910--Tables, Notes, and Charts
[Reserved]
Subpart T_Commercial Diving Operations
General
1910.401 Scope and application.
1910.402 Definitions.
Personnel Requirements
1910.410 Qualifications of dive team.
General Operations Procedures
1910.420 Safe practices manual.
1910.421 Pre-dive procedures.
1910.422 Procedures during dive.
1910.423 Post-dive procedures.
Specific Operations Procedures
1910.424 SCUBA diving.
1910.425 Surface-supplied air diving.
1910.426 Mixed-gas diving.
1910.427 Liveboating.
Equipment Procedures and Requirements
1910.430 Equipment.
Recordkeeping
1910.440 Recordkeeping requirements.
Appendix A to Subpart T of Part 1910--Examples of Conditions Which May
Restrict or Limit Exposure to Hyperbaric Conditions
Appendix B to Subpart T of Part 1910--Guidelines for Scientific Diving
Appendix C to Subpart T of Part 1910--Alternative Conditions Under Sec.
1910.401(a)(3) for Recreational Diving Instructors and Diving
Guides (Mandatory)
Subparts U Y [Reserved]
1910.901-1910.999 [Reserved]
Source: 39 FR 23502, June 27, 1974, unless otherwise noted.
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 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
[[Page 101]]
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable.
Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR
1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a,
5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); Pub. L. 11-8 and
111-317; and OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July
15, 1993).
Subpart A_General
Sec. 1910.1 Purpose and scope.
(a) Section 6(a) of the Williams-Steiger Occupational Safety and
Health Act of 1970 (84 Stat. 1593) provides that ``without regard to
chapter 5 of title 5, United States Code, or to the other subsections of
this section, the Secretary shall, as soon as practicable during the
period beginning with the effective date of this Act and ending 2 years
after such date, by rule promulgate as an occupational safety or health
standard any national concensus standard, and any established Federal
standard, unless he determines that the promulgation of such a standard
would not result in improved safety or health for specifically
designated employees.'' The legislative purpose of this provision is to
establish, as rapidly as possible and without regard to the rule-making
provisions of the Administrative Procedure Act, standards with which
industries are generally familiar, and on whose adoption interested and
affected persons have already had an opportunity to express their views.
Such standards are either (1) national concensus standards on whose
adoption affected persons have reached substantial agreement, or (2)
Federal standards already established by Federal statutes or
regulations.
(b) This part carries out the directive to the Secretary of Labor
under section 6(a) of the Act. It contains occupational safety and
health standards which have been found to be national consensus
standards or established Federal standards.
Sec. 1910.2 Definitions.
As used in this part, unless the context clearly requires otherwise:
(a) Act means the Williams-Steiger Occupational Safety and Health
Act of 1970 (84 Stat. 1590).
(b) Assistant Secretary of Labor means the Assistant Secretary of
Labor for Occupational Safety and Health;
(c) Employer means a person engaged in a business affecting commerce
who has employees, but does not include the United States or any State
or political subdivision of a State;
(d) Employee means an employee of an employer who is employed in a
business of his employer which affects commerce;
(e) Commerce means trade, traffic, commerce, transportation, or
communication among the several States, or between a State and any place
outside thereof, or within the District of Columbia, or a possession of
the United States (other than the Trust Territory of the Pacific
Islands), or between points in the same State but through a point
outside thereof;
(f) Standard means a 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;
(g) National consensus standard means any standard or modification
thereof which (1) has been adopted and promulgated by a nationally
recognized standards-producing organization under procedures whereby it
can be determined by the Secretary of Labor or by the Assistant
Secretary of Labor that persons interested and affected by the scope or
provisions of the standard have reached substantial agreement on its
adoption, (2) was formulated in a manner which afforded an opportunity
for diverse views to be considered, and (3) has been designated as such
a standard by the Secretary or the Assistant Secretary, after
consultation with other appropriate Federal agencies; and
(h) Established Federal standard means any operative standard
established by any agency of the United States and in effect on April
28, 1971, or contained in any Act of Congress in force on the date of
enactment of the Williams-Steiger Occupational Safety and Health Act.
[[Page 102]]
Sec. 1910.3 Petitions for the issuance, amendment, or repeal
of a standard.
(a) Any interested person may petition in writing the Assistant
Secretary of Labor to promulgate, modify, or revoke a standard. The
petition should set forth the terms or the substance of the rule
desired, the effects thereof if promulgated, and the reasons therefor.
(b)(1) The relevant legislative history of the Act indicates
congressional recognition of the American National Standards Institute
and the National Fire Protection Association as the major sources of
national consensus standards. National consensus standards adopted on
May 29, 1971, pursuant to section 6(a) of the Act are from those two
sources. However, any organization which deems itself a producer of
national consensus standards, within the meaning of section 3(9) of the
Act, is invited to submit in writing to the Assistant Secretary of Labor
at any time prior to February 1, 1973, all relevant information which
may enable the Assistant Secretary to determine whether any of its
standards satisfy the requirements of the definition of ``national
consensus standard'' in section 3(9) of the Act.
(2) Within a reasonable time after the receipt of a submission
pursuant to paragraph (b)(1) of this section, the Assistant Secretary of
Labor shall publish or cause to be published in the Federal Register a
notice of such submission, and shall afford interested persons a
reasonable opportunity to present written data, views, or arguments with
regard to the question whether any standards of the organization making
the submission are national consensus standards.
Sec. 1910.4 Amendments to this part.
(a) The Assistant Secretary of Labor shall have all of the authority
of the Secretary of Labor under sections 3(9) and 6(a) of the Act.
(b) The Assistant Secretary of Labor may at any time before April
28, 1973, on his own motion or upon the written petition of any person,
by rule promulgate as a standard any national consensus standard and any
established Federal standard, pursuant to and in accordance with section
6(a) of the Act, and, in addition, may modify or revoke any standard in
this part 1910. In the event of conflict among any such standards, the
Assistant Secretary of Labor shall take the action necessary to
eliminate the conflict, including the revocation or modification of a
standard in this part, so as to assure the greatest protection of the
safety or health of the affected employees.
Sec. 1910.5 Applicability of standards.
(a) Except as provided in paragraph (b) of this section, the
standards contained in this part shall apply with respect to employments
performed in a workplace in a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam,
Trust Territory of the Pacific Islands, Wake Island, Outer Continental
Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston
Island, and the Canal Zone.
(b) None of the standards in this part shall apply to working
conditions of employees with respect to which Federal agencies other
than the Department of Labor, or State agencies acting under section 274
of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise
statutory authority to prescribe or enforce standards or regulations
affecting occupational safety or health.
(c)(1) If a particular standard is specifically applicable to a
condition, practice, means, method, operation, or process, it shall
prevail over any different general standard which might otherwise be
applicable to the same condition, practice, means, method, operation, or
process. For example, Sec. 1915.23(c)(3) of this title prescribes
personal protective equipment for certain ship repairmen working in
specified areas. Such a standard shall apply, and shall not be deemed
modified nor superseded by any different general standard whose
provisions might otherwise be applicable, to the ship repairmen working
in the areas specified in Sec. 1915.23(c)(3).
(2) On the other hand, any standard shall apply according to its
terms to any employment and place of employment in any industry, even
though particular standards are also prescribed
[[Page 103]]
for the industry, as in subpart B or subpart R of this part, to the
extent that none of such particular standards applies. To illustrate,
the general standard regarding noise exposure in Sec. 1910.95 applies
to employments and places of employment in pulp, paper, and paperboard
mills covered by Sec. 1910.261.
(d) In the event a standard protects on its face a class of persons
larger than employees, the standard shall be applicable under this part
only to employees and their employment and places of employment.
(e) [Reserved]
(f) An employer who is in compliance with any standard in this part
shall be deemed to be in compliance with the requirement of section
5(a)(1) of the Act, but only to the extent of the condition, practice,
means, method, operation, or process covered by the standard.
[39 FR 23502, June 27, 1974, as amended at 58 FR 35308, June 30, 1993]
Sec. 1910.6 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) 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).
(3) The materials listed in paragraphs (b) through (w) of this
section are incorporated by reference in the corresponding sections
noted as they exist on the date of the approval, and a notice of any
change in these materials will be published in the Federal Register.
These incorporations by reference were approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(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 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). They are also 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.
(b) The following material is available for purchase from the
American Conference of Governmental Industrial Hygienists (ACGIH), 1014
Broadway, Cincinnati OH 45202:
(1) ``Industrial Ventilation: A Manual of Recommended Practice''
(22nd ed., 1995), incorporation by reference (IBR) approved for Sec.
1910.124(b)(4)(iii).
(2) Threshold Limit Values and Biological Exposure Indices for 1986-
87 (1986), IBR approved for Sec. 1910.120, PEL definition.
(c) The following material is available for purchase from the
American Society of Agricultural Engineers (ASAE), 2950 Niles Road, Post
Office Box 229, St. Joseph, MI 49085:
(1) ASAE Emblem for Identifying Slow Moving Vehicles, ASAE S276.2
(1968), IBR approved for Sec. 1910.145(d)(10).
(2) [Reserved]
(d) The following material is available for purchase from the
Agriculture Ammonia Institute-Rubber Manufacturers (AAI-RMA)
Association, 1400 K St. NW, Washington DC 20005:
(1) AAI-RMA Specifications for Anhydrous Ammonia Hose, IBR approved
for Sec. 1910.111(b)(8)(i).
(2) [Reserved]
[[Page 104]]
(e) 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)-(2) [Reserved]
(3) ANSI A11.1-65 (R 70) Practice for Industrial Lighting, IBR
approved for Sec. Sec. 1910.219(c)(5)(iii); 1910.261 (a)(3)(i),
(c)(10), and (k)(21); and 1910.265(c)(2).
(4) ANSI A11.1-65 Practice for Industrial Lighting, IBR approved for
Sec. Sec. 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
(5) [Reserved]
(6) ANSI A13.1-56 Scheme for the Identification of Piping Systems,
IBR approved for Sec. Sec. 1910.253(d)(4)(ii); 1910.261(a)(3)(iii);
1910.262(c)(7).
(7) ANSI A14.1-68 Safety Code for Portable Wood Ladders,
Supplemented by ANSI A14.1a-77, IBR approved for Sec. 1910.261
(a)(3)(iv) and (c)(3)(i).
(8) ANSI A14.2-56 Safety Code for Portable Metal Ladders,
Supplemented by ANSI A14.2a-77, IBR approved for Sec. 1910.261
(a)(3)(v) and (c)(3)(i).
(9) ANSI A14.3-56 Safety Code for Fixed Ladders, IBR approved for
Sec. Sec. 1910.68(b) (4) and (12); 1910.179(c)(2); and 1910.261
(a)(3)(vi) and (c)(3)(i).
(10) ANSI A17.1-65 Safety Code for Elevators, Dumbwaiters and Moving
Walks, Including Supplements, A17.1a (1967); A17.1b (1968); A17.1c
(1969); A17.1d (1970), IBR approved for Sec. 1910.261 (a)(3)(vii),
(g)(11)(i), and (l)(4).
(11) ANSI A17.2-60 Practice for the Inspection of Elevators,
Including Supplements, A17.2a (1965), A17.2b (1967), IBR approved for
Sec. 1910.261(a)(3)(viii).
(12) ANSI A90.1-69 Safety Standard for Manlifts, IBR approved for
Sec. 1910.68(b)(3).
(13) ANSI A92.2-69 Standard for Vehicle Mounted Elevating and
Rotating Work Platforms, IBR approved for Sec. 1910.67 (b)(1), (2),
(c)(3), and (4) and 1910.268(s)(1)(v).
(14) ANSI A120.1-70 Safety Code for Powered Platforms for Exterior
Building Maintenance, IBR approved for Sec. 1910.66 app. D (b) through
(d).
(15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of
Abrasive Wheels, IBR approved for Sec. Sec. 1910.215(b)(12) and
1910.218(j).
(16) ANSI B15.1-53 (R 58) Safety Code for Mechanical Power
Transmission Apparatus, IBR approved for Sec. Sec. 1910.68(b)(4) and
1910.261 (a)(3)(ix), (b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv),
(k)(12), and (l)(3).
(17) ANSI B20.1-57 Safety Code for Conveyors, Cableways, and Related
Equipment, IBR approved for Sec. Sec. 1910.218(j)(3); 1910.261
(a)(3)(x), (b)(1), (c)(15)(iv), (f)(4), and (j)(2); 1910.265(c)(18)(i).
(18) ANSI B30.2-43 (R 52) Safety Code for Cranes, Derricks, and
Hoists, IBR approved for Sec. 1910.261 (a)(3)(xi), (c)(2)(vi), and
(c)(8) (i) and (iv).
(19) ANSI B30.2.0-67 Safety Code for Overhead and Gantry Cranes, IBR
approved for Sec. Sec. 1910.179(b)(2); 1910.261 (a)(3)(xii), (c)(2)(v),
and (c)(8) (i) and (iv).
(20) ANSI B30.5-68 Safety Code for Crawler, Locomotive, and Truck
Cranes, IBR approved for Sec. Sec. 1910.180(b)(2) and
1910.261(a)(3)(xiii).
(21) ANSI B30.6-69 Safety Code for Derricks, IBR approved for
Sec. Sec. 1910.181(b)(2) and 1910.268(j)(4)(iv) (E) and (H).
(22) ANSI B31.1-55 Code for Pressure Piping, IBR approved for Sec.
1910.261(g)(18)(iii).
(23) ANSI B31.1-67, IBR approved for Sec. 1910.253(d)(1)(i)(A)
(24) ANSI B31.1a-63 Addenda to ANSI B31.1 (1955), IBR approved for
Sec. 1910.261(g)(18)(iii).
(25) ANSI B31.1-67 and Addenda B31.1 (1969) Code for Pressure
Piping, IBR approved for Sec. Sec. 1910.103(b)(1)(iii)(b);
1910.104(b)(5)(ii); 1910.218 (d)(4) and (e)(1)(iv); and 1910.261
(a)(3)(xiv) and (g)(18)(iii).
(26) ANSI B31.2-68 Fuel Gas Piping, IBR approved for Sec.
1910.261(g)(18)(iii).
(27) ANSI B31.3-66 Petroleum Refinery Piping, IBR approved for Sec.
1910.103(b)(3)(v)(b).
(28) ANSI B31.5-66 Addenda B31.5a (1968) Refrigeration Piping, IB
approved for Sec. Sec. 1910.103(b)(3)(v)(b) and 1910.111(b)(7)(iii).
(29) ANSI B56.1-69 Safety Standard for Powered Industrial Trucks,
IBR approved for Sec. Sec. 1910.178(a) (2) and (3) and 1910.261
(a)(3)(xv), (b)(6), (m)(2), and (m)(5)(iii).
[[Page 105]]
(30) ANSI B57.1-65 Compressed Gas Cylinder Valve Outlet and Inlet
Connections, IBR approved for Sec. 1910.253(b)(1)(iii).
(31) [Reserved]
(32) ANSI B175.1-1991, Safety Requirements for Gasoline-Powered
Chain Saws 1910.266(e)(2)(i).
(33) [Reserved]
(34) ANSI C33.2-56 Safety Standard for Transformer-Type Arc Welding
Machines, IBR approved for Sec. 1910.254(b)(1).
(35) [Reserved]
(36) ANSI H23.1-70 Seamless Copper Water Tube Specification, IBR
approved for Sec. 1910.110(b) (8)(ii) and (13)(ii)(b)(1).
(37) ANSI H38.7-69 Specification for Aluminum Alloy Seamless Pipe
and Seamless Extruded Tube, IBR approved for Sec. 1910.110(b)(8)(i).
(38) ANSI J6.4-71 Standard Specification for Rubber Insulating
Blankets, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(v).
(39) ANSI J6.6-71 Standard Specification for Rubber Insulating
Gloves, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(iv).
(40) ANSI K13.1-67 Identification of Gas Mask Canisters, IBR
approved for Sec. 1910.261 (a)(3)(xvi) and (h)(2)(iii).
(41) ANSI K61.1-60 Safety Requirements for the Storage and Handling
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
(42) ANSI K61.1-66 Safety Requirements for the Storage and Handling
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
(43) ANSI O1.1-54 (R 61) Safety Code for Woodworking Machinery, IBR
approved for Sec. 1910.261 (a)(3)(xvii), (e)(7), and (i)(2).
(44) ANSI S1.4-71 (R 76) Specification for Sound Level Meters, IBR
approved for Sec. 1910.95 appendixes D and I.
(45) ANSI S1.11-71 (R 76) Specification for Octave, Half-Octave and
Third-Octave Band Filter Sets, IBR approved for Sec. 1910.95 appendix
D.
(46) ANSI S3.6-69 Specifications for Audiometers, IBR approved for
Sec. 1910.95(h)(2) and (5)(ii) and appendix D.
(47) ANSI Z4.1-68 Requirements for Sanitation in Places of
Employment, IBR approved for Sec. 1910.261 (a)(3)(xviii) and
(g)(15)(vi).
(48) [Reserved]
(49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open
Surface Tanks, IBR approved for 1910.261(a)(3)(xix), (g)(18)(v), and
(h)(2)(i).
(50) ANSI Z9.1-71 Practices for Ventilation and Operation of Open-
Surface Tanks, IBR approved for Sec. 1910.124(b)(4)(iv).
(51) ANSI Z9.2-60 Fundamentals Governing the Design and Operation of
Local Exhaust Systems, IBR approved for Sec. Sec. 1910.94(a)(4)(i)
introductory text, (a)(6) introductory text, (b)(3)(ix), (b)(4)(i) and
(ii), (c)(3)(i) introductory text, (c)(5)(iii)(b), and (c)(7)(iv)(a);
1910.261(a)(3)(xx), (g)(1)(i) and (iii), and (h)(2)(ii).
(52) ANSI Z9.2-79 Fundamentals Governing the Design and Operation of
Local Exhaust Systems, IBR approved for Sec. 1910.124(b)(4)(i).
(53) ANSI Z12.12-68 Standard for the Prevention of Sulfur Fires and
Explosions, IBR approved for Sec. 1910.261 (a)(3)(xxi), (d)(1)(i),
(f)(2)(iv), and (g)(1)(i).
(54) ANSI Z12.20-62 (R 69) Code for the Prevention of Dust
Explosions in Woodworking and Wood Flour Manufacturing Plants, IBR
approved for Sec. 1910.265(c)(20)(i).
(55) ANSI Z21.30-64 Requirements for Gas Appliances and Gas Piping
Installations, IBR approved for Sec. 1910.265(c)(15).
(56) ANSI Z24.22-57 Method of Measurement of Real-Ear Attenuation of
Ear Protectors at Threshold, IBR approved for Sec.
1910.261(a)(3)(xxii).
(57) ANSI Z33.1-61 Installation of Blower and Exhaust Systems for
Dust, Stock, and Vapor Removal or Conveying, IBR approved for Sec. Sec.
1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii) and (f)(5); and
1910.265(c)(20)(i).
(58) ANSI Z33.1-66 Installation of Blower and Exhaust Systems for
Dust, Stock, and Vapor Removal or Conveying, IBR approved for Sec.
1910.94(a)(2)(ii).
(59) ANSI Z35.1-1968, Specifications for Accident Prevention Signs;
IBR approved for Sec. 1910.261(c). Copies available for purchase from
the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112;
telephone: 1-877-413-5184; Web site: www.global.ihs.com.
[[Page 106]]
(60) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1910.136(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.
(61) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1910.136(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.
(62)-(63) [Reserved]
(64) ANSI Z49.1-67 Safety in Welding and Cutting, IBR approved for
Sec. 1910.252(c)(1)(iv) (A) and (B).
(65) USAS Z53.1-1967 (also referred to as ANSI Z53.1-1967), Safety
Color Code for Marking Physical Hazards, ANSI approved October 9, 1967;
IBR approved for Sec. 1910.97(a) and 1910.145(d). Copies available for
purchase from the IHS Standards Store, 15 Inverness Way East, Englewood,
CO 80112; telephone: 1-877-413-5184; Web site: www.global.ihs.com.
(66) ANSI Z535.1-2006 (R2011), Safety Colors, reaffirmed July 19,
2011; IBR approved for Sec. Sec. 1910.97(a) and 1910.145(d). Copies
available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web
site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: 877-699-9277; Web site: www.techstreet.com.
(67) ANSI Z535.2-2011, Environmental and Facility Safety Signs,
published September 15, 2011; IBR approved for Sec. 1910.261(c). Copies
available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web
site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: 877-699-9277; Web site: www.techstreet.com.
(68) ANSI Z54.1-63 Safety Standard for Non-Medical X-Ray and Sealed
Gamma Ray Sources, IBR approved for Sec. 1910.252(d) (1)(vii) and
(2)(ii).
(69) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye
and Face Protection Devices, Approved April 13, 2010; IBR approved for
Sec. 1910.133(b). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: http://techstreet.com.
(70) ANSI Z87.1-2003, Occupational and Educational Eye and Face
Personal Protection Devices Approved June 19, 2003; IBR approved for
Sec. Sec. 1910.133(b). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: http://techstreet.com.
(71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, Reaffirmation approved January 4,
1999; IBR approved for Sec. 1910.133(b). Copies are available for
purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036;
[[Page 107]]
telephone: (212) 642-4980; Web site: http://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: http://techstreet.com.
(72) ANSI Z88.2-1969, Practices for Respiratory Protection; IBR
approved for Sec. Sec. 1910.94(c)(6)(iii)(a), 1910.134(c); and
1910.261(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2)(iii),
(h)(2)(iv), and (i)(4).
(73) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1910.135(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.
(74) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1910.135(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.
(75) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective Headwear
for Industrial Workers--Requirements; IBR approved for Sec.
1910.135(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.
(76) ANSI Z41.1-1967 Men's Safety Toe Footwear; IBR approved for
Sec. 1910.261(i)(4).
(77) ANSI Z87.1-1968 Practice of Occupational and Educational Eye
and Face Protection; IBR approved for Sec. 1910.261(a)(3)(xxv),
(d)(1)(ii), (f)(5), (g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4).
(78) ANSI Z89.1-1969 Safety Requirements for Industrial Head
Protection; IBR approved for Sec. 1910.261(a)(3)(xxvii), (b)(2),
(g)(15)(v), and (i)(4).
(79) ANSI Z89.2-1971 Safety Requirements for Industrial Protective
Helmets for Electrical Workers, Class B; IBR approved for Sec.
1910.268(i)(1).
(f) The following material is available for purchase from the
American Petroleum Institute (API), 1220 L Street NW, Washington DC
20005:
(1) [Reserved]
(2) API 12B (May 1958) Specification for Bolted Production Tanks,
11th Ed., With Supplement No. 1, Mar. 1962, IBR approved for Sec.
1910.106(b)(1)(i)(a)(3).
(3) API 12D (Aug. 1957) Specification for Large Welded Production
Tanks, 7th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
(4) API 12F (Mar. 1961) Specification for Small Welded Production
Tanks, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
(5) API 620, Fourth Ed. (1970) Including appendix R, Recommended
Rules for Design and Construction of Large Welded Low Pressure Storage
Tanks, IBR approved for Sec. Sec. 1910.103(c)(1)(i)(a);
1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1) (ii) and (iii).
(6) API 650 (1966) Welded Steel Tanks for Oil Storage, 3rd Ed., IBR
approved for Sec. 1910.106(b)(1)(iii)(a)(2).
(7) API 1104 (1968) Standard for Welding Pipelines and Related
Facilities, IBR approved for Sec. 1910.252(d)(1)(v).
(8) API 2000 (1968) Venting Atmospheric and Low Pressure Storage
Tanks, IBR approved for Sec. 1910.106(b)(2)(iv)(b)(1).
(9) API 2201 (1963) Welding or Hot Tapping on Equipment Containing
Flammables, IBR approved for Sec. 1910.252(d)(1)(vi).
(g) The following material is available for purchase from the
American Society of Mechanical Engineers (ASME), United Engineering
Center, 345 East 47th Street, New York, NY 10017:
(1) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1949, 1950,
1952, 1956, 1959, and 1962 Ed., IBR approved for Sec. Sec. 1910.110
(b)(10)(iii) (Table H-26), (d)(2) (Table H-31); (e)(3)(i) (Table H-32),
(h)(2) (Table H-34); and 1910.111(b)(2)(vi);
[[Page 108]]
(2) ASME Code for Pressure Vessels, 1968 Ed., IBR approved for
Sec. Sec. 1910.106(i)(3)(i); 1910.110(g)(2)(iii)(b)(2); and
1910.217(b)(12);
(3) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1968, IBR
approved for Sec. Sec. 1910.103; 1910.104(b)(4)(ii); 1910.106
(b)(1)(iv)(b)(2) and (i)(3)(ii); 1910.107; 1910.110(b)(11) (i)(b) and
(iii)(a)(1); 1910.111(b)(2) (i), (ii), and (iv); and 1910.169(a)(2) (i)
and (ii);
(4) ASME Boiler and Pressure Vessel Code, Sec. VIII, Paragraph UG-
84, 1968, IBR approved for Sec. 1910.104 (b)(4)(ii) and (b)(5)(iii);
(5) ASME Boiler and Pressure Vessel Code, Sec. VIII, Unfired
Pressure Vessels, Including Addenda (1969), IBR approved for Sec. Sec.
1910.261; 1910.262; 1910.263(i)(24)(ii);
(6) Code for Unfired Pressure Vessels for Petroleum Liquids and
Gases of the API and the ASME, 1951 Ed., IBR approved for Sec.
1910.110(b)(3)(iii); and
(7) ASME B56.6-1992 (with addenda), Safety Standard for Rough
Terrain Forklift Trucks, IBR approved for Sec. 1910.266(f)(4).
(h) Copies of the standards listed below in this paragraph (h) 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; Email: seviceastm.org; Web site: http://
www.astm.org. Copies of historical standards or standards that ASTM does
not have may be purchased from Information Handling Services, Global
Engineering Documents, 15 Inverness Way East, Englewood, CO 80112;
Telephone: 1-800-854-7179; Email: [email protected]; Web sites: http://
global.ihs.com or http://www.store.ihs.com.
(1) ASTM A 47-68, Malleable Iron Castings, IBR approved for Sec.
1910.111.
(2) ASTM A 53-69, Welded and Seamless Steel Pipe, IBR approved for
Sec. Sec. 1910.110 and 1910.111.
(3) ASTM A 126-66, Gray Iron Casting for Valves, Flanges and Pipe
Fitting, IBR approved for Sec. 1910.111.
(4) ASTM A 391-65 (ANSI G61.1-1968), Alloy Steel Chain, IBR approved
for Sec. 1910.184.
(5) ASTM A 395-68, Ductile Iron for Use at Elevated Temperatures,
IBR approved for Sec. 1910.111.
(6) ASTM B 88-66A, Seamless Copper Water Tube, IBR approved for
Sec. 1910.252.
(7) ASTM B 88-69, Seamless Copper Water Tube, IBR approved for Sec.
1910.110.
(8) ASTM B 117-64, Salt Spray (Fog) Test, IBR approved for Sec.
1910.268.
(9) ASTM B 210-68, Aluminum-Alloy Drawn Seamless Tubes, IBR approved
for Sec. 1910.110.
(10) ASTM B 241-69, Standard Specifications for Aluminum-Alloy
Seamless Pipe and Seamless Extruded Tube, IBR approved for Sec.
1910.110.
(11) ASTM D 5-65, Test for Penetration by Bituminous Materials, IBR
approved for Sec. 1910.106.
(12) ASTM D 56-70, Test for Flash Point by Tag Closed Tester, IBR
approved for Sec. 1910.106.
(13) ASTM D 56-05, Standard Test Method for Flash Point by Tag
Closed Cup Tester, Approved May 1, 2005, IBR approved for Appendix B to
Sec. 1910.1200.
(14) ASTM D 86-62, Test for Distillation of Petroleum Products, IBR
approved for Sec. Sec. 1910.106 and 1910.119.
(15) ASTM D 86-07a, Standard Test Method for Distillation of
Petroleum Products at Atmospheric Pressure, Approved April 1, 2007, IBR
approved for Appendix B to Sec. 1910.1200.
(16) ASTM D 88-56, Test for Saybolt Viscosity, IBR approved for
Sec. 1910.106.
(17) ASTM D 93-71, Test for Flash Point by Pensky Martens, IBR
approved for Sec. 1910.106.
(18) ASTM D 93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, Approved Oct. 15, 2008, IBR approved for
Appendix B to Sec. 1910.1200.
(19) ASTM D 240-02 (Reapproved 2007), Standard Test Method for Heat
of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, Approved
May 1, 2007, IBR approved for Appendix B to Sec. 1910.1200.
(20) ASTM D 323-68, Standard Test Method of Test for Vapor Pressure
of Petroleum Products (Reid Method), IBR approved for Sec. 1910.106.
(21) ASTM D 445-65, Test for Viscosity of Transparent and Opaque
Liquids, IBR approved for Sec. 1910.106.
(22) ASTM D 1078-05, Standard Test Method for Distillation Range of
Volatile Organic Liquids, Approved May 15, 2005, IBR approved for
Appendix B to Sec. 1910.1200.
[[Page 109]]
(23) ASTM D 1692-68, Test for Flammability of Plastic Sheeting and
Cellular Plastics, IBR approved for Sec. 1910.103.
(24) ASTM D 2161-66, Conversion Tables for SUS, IBR approved for
Sec. 1910.106.
(25) ASTM D 3278-96 (Reapproved 2004) E1, Standard Test Methods for
Flash Point of Liquids by Small Scale Closed-Cup Apparatus, Approved
November 1, 2004, IBR approved for Appendix B to Sec. 1910.1200.
(26) ASTM D 3828-07a, Standard Test Methods for Flash Point by Small
Scale Closed Cup Tester, Approved July 15, 2007, IBR approved for
Appendix B to Sec. 1910.1200.
(27) ASTM F-2412-2005, Standard Test Methods for Foot Protection,
IBR approved for Sec. 1910.136.
(28) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear, IBR approved for Sec. 1910.136.
(i) The following material is available for purchase from the
American Welding Society (AWS), 550 NW, LeJeune Road, P.O. Box 351040,
Miami FL 33135:
(1)-(2) [Reserved]
(3) AWS B3.0-41 Standard Qualification Procedure, IBR approved for
Sec. 1910.67(c)(5)(i).
(4) AWS D1.0-1966 Code for Welding in Building Construction, IBR
approved for Sec. 1910.27(b)(6).
(5) AWS D2.0-69 Specifications for Welding Highway and Railway
Bridges, IBR approved for Sec. 1910.67(c)(5)(iv).
(6) AWS D8.4-61 Recommended Practices for Automotive Welding Design,
IBR approved for Sec. 1910.67(c)(5)(ii).
(7) AWS D10.9-69 Standard Qualification of Welding Procedures and
Welders for Piping and Tubing, IBR approved for Sec.
1910.67(c)(5)(iii).
(j) The following material is available for purchase from the
Department of Commerce:
(1) Commercial Standard, CS 202-56 (1961) ``Industrial Lifts and
Hinged Loading Ramps,'' IBR approved for Sec. 1910.30(a)(3).
(2) Publication ``Model Performance Criteria for Structural Fire
Fighters' Helmets,'' IBR approved for Sec. 1910.156(e)(5)(i).
(k) The following material is available for purchase from the
Compressed Gas Association (CGA), 1235 Jefferson Davis Highway,
Arlington, VA 22202:
(1) CGA C-6 (1968) Standards for Visual Inspection of Compressed Gas
Cylinders, IBR approved for Sec. 1910.101(a).
(2) CGA C-8 (1962) Standard for Requalification of ICC-3HT
Cylinders, IBR approved for Sec. 1910.101(a).
(3) CGA G-1-2009 Acetylene, Twelfth Edition, IBR approved for Sec.
1910.102(a). Copies of CGA Pamphlet G-1-2009 are available for purchase
from the: Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor,
Chantilly, VA 20151; telephone: (703) 788-2700; fax: (703) 961-1831;
email: [email protected].
(4) CGA G-7.1 (1966) Commodity Specification, IBR approved for Sec.
1910.134(d)(1).
(5) CGA G-8.1 (1964) Standard for the Installation of Nitrous Oxide
Systems at Consumer Sites, IBR approved for Sec. 1910.105.
(6) CGA P-1 (1965) Safe Handling of Compressed Gases, IBR approved
for Sec. 1910.101(b).
(7) CGA P-3 (1963) Specifications, Properties, and Recommendations
for Packaging, Transportation, Storage and Use of Ammonium Nitrate, IBR
approved for Sec. 1910.109(i)(1)(ii)(b).
(8) CGA S-1.1 (1963) and 1965 Addenda. Safety Release Device
Standards--Cylinders for Compressed Gases, IBR approved for Sec. Sec.
1910.101(c); 1910.103(c)(1)(iv)(a)(2).
(9) CGA S-1.2 (1963) Safety Release Device Standards, Cargo and
Portable Tanks for Compressed Gases, IBR approved for Sec. Sec.
1910.101(c); 1910.103(c)(1)(iv)(a)(2).
(10) CGA S-1.3 (1959) Safety Release Device Standards-Compressed Gas
Storage Containers, IBR approved for Sec. Sec.
1910.103(c)(1)(iv)(a)(2); 1910.104(b)(6)(iii); and
1910.111(d)(4)(ii)(b).
(11) CGA 1957 Standard Hose Connection Standard, IBR approved for
Sec. 1910.253(e) (4)(v) and (5)(iii).
(12) CGA and RMA (Rubber Manufacturer's Association) Specification
for Rubber Welding Hose (1958), IBR approved for Sec.
1910.253(e)(5)(i).
(13) CGA 1958 Regulator Connection Standard, IBR approved for Sec.
1910.253(e) (4)(iv) and (6).
[[Page 110]]
(l) The following material is available for purchase from the Crane
Manufacturer's Association of America, Inc. (CMAA), 1 Thomas Circle NW,
Washington DC 20005:
(1) CMAA Specification 1B61, Specifications for Electric Overhead
Traveling Cranes, IBR approved for Sec. 1910.179(b)(6)(i).
(2) [Reserved]
(m) The following material is available for purchase from the
General Services Administration:
(1) GSA Pub. GG-B-0067b, Air Compressed for Breathing Purposes, or
Interim Federal Specifications, Apr. 1965, IBR approved for Sec.
1910.134(d)(4).
(2) [Reserved]
(n) The following material is available for purchase from the
Department of Health and Human Services:
(1) Publication No. 76-120 (1975), List of Personal Hearing
Protectors and Attenuation Data, IBR approved for Sec. 1910.95 App. B.
(2) [Reserved]
(o) The following material is available for purchase from the
Institute of Makers of Explosives (IME), 420 Lexington Avenue, New York,
NY 10017:
(1) IME Pamphlet No. 17, 1960, Safety in the Handling and Use of
Explosives, IBR approved for Sec. Sec. 1910.261 (a)(4)(iii) and
(c)(14)(ii).
(2) [Reserved]
(p) The following material is available for purchase from the
National Electrical Manufacturer's Association (NEMA):
(1) NEMA EW-1 (1962) Requirements for Electric Arc Welding
Apparatus, IBR approved for Sec. Sec. 1910.254(b)(1).
(2) [Reserved]
(q) The following material is available for purchase from the
National Fire Protection Association (NFPA), 1 Batterymarch Park,
Quincy, MA 02269; Telephone: 800-344-3555 or 617-770-3000; Fax: 1-800-
593-6372 or 1-508-895-8301; Email: [email protected]; Web site: http://
www.nfpa.org.
(1) NFPA 30 (1969) Flammable and Combustible Liquids Code, IBR
approved for Sec. 1910.178(f)(1).
(2) NFPA 32-1970 Standard for Dry Cleaning Plants, IBR approved for
Sec. 1910.106(j)(6)(i).
(3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and
Combustible Material, IBR approved for Sec. 1910.94(c)(2).
(4) NFPA 34-1966 Standard for Dip Tanks Containing Flammable or
Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(iv).
(5) NFPA 34-1995 Standard for Dip Tanks Containing Flammable or
Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(ii).
(6) NFPA 35-1970 Standard for the Manufacture of Organic Coatings,
IBR approved for Sec. 1910.106(j)(6)(ii).
(7) NFPA 36-1967 Standard for Solvent Extraction Plants, IBR
approved for Sec. 1910.106(j)(6)(iii).
(8) NFPA 37-1970 Standard for the Installation and Use of Stationary
Combustion Engines and Gas Turbines, IBR approved for Sec. Sec.
1910.106(j)(6)(iv) and 1910.110 (b)(20)(iv)(c) and (e)(11).
(9) NFPA 51B-1962 Standard for Fire Protection in Use of Cutting and
Welding Processes, IBR approved for Sec. 1910.252(a)(1) introductory
text.
(10) NFPA 54-1969 Standard for the Installation of Gas Appliances
and Gas Piping, IBR approved for Sec. 1910.110(b)(20)(iv)(a).
(11) NFPA 54A-1969 Standard for the Installation of Gas Piping and
Gas Equipment on Industrial Premises and Certain Other Premises, IBR
approved for Sec. 1910.110(b)(20)(iv)(b).
(12) NFPA 58-1969 Standard for the Storage and Handling of Liquefied
Petroleum Gases (ANSI Z106.1-1970), IBR approved for Sec. Sec. 1910.110
(b)(3)(iv) and (i)(3) (i) and (ii); and 1910.178(f)(2).
(13) NFPA 59-1968 Standard for the Storage and Handling of Liquefied
Petroleum Gases at Utility Gas Plants, IBR approved for Sec. Sec.
1910.110 (b)(3)(iv) and (i)(2)(iv).
(14) NFPA 62-1967 Standard for the Prevention of Dust Explosions in
the Production, Packaging, and Handling of Pulverized Sugar and Cocoa,
IBR approved for Sec. 1910.263(k)(2)(i).
(15) NFPA 68-1954 Guide for Explosion Venting, IBR approved for
Sec. 1910.94(a)(2)(iii).
(16) [Reserved]
(17) NFPA 78-1968 Lightning Protection Code, IBR approved for Sec.
1910.109(i)(6)(ii).
(18) NFPA 80-1968 Standard for Fire Doors and Windows, IBR approved
for Sec. 1910.106(d)(4)(i).
[[Page 111]]
(19) NFPA 80-1970 Standard for the Installation of Fire Doors and
Windows, IBR approved for Sec. 1910.253(f)(6)(i)(I).
(20) NFPA 86A-1969 Standard for Oven and Furnaces Design, Location
and Equipment, IBR approved for Sec. Sec. 1910.107 (j)(1) and (l)(3)
and 1910.108 (b)(2) and (d)(2).
(21) NFPA 91-1961 Standard for the Installation of Blower and
Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying (ANSI
Z33.1-61), IBR approved for Sec. 1910.107(d)(1).
(22) NFPA 91-1969 Standards for Blower and Exhaust Systems, IBR
approved for Sec. 1910.108(b)(1).
(23) NFPA 96-1970 Standard for the Installation of Equipment for the
Removal of Smoke and Grease Laden Vapors from Commercial Cooking
Equipment, IBR approved for Sec. 1910.110(b)(20)(iv)(d).
(24) NFPA 101-1970 Code for Life Safety From Fire in Buildings and
Structures, IBR approved for Sec. 1910.261(a)(4)(ii).
(25) NFPA 101-2009, Life Safety Code, 2009 edition, IBR approved for
Sec. Sec. 1910.34, 1910.35, 1910.36, and 1910.37.
(26) NFPA 203M-1970 Manual on Roof Coverings, IBR approved for Sec.
1910.109(i)(1)(iii)(c).
(27) NFPA 251-1969 Standard Methods of Fire Tests of Building
Construction and Materials, IBR approved for Sec. Sec. 1910.106
(d)(3)(ii) introductory text and (d)(4)(i).
(28) NFPA 302-1968 Fire Protection Standard for Motor-Craft
(Pleasure and Commercial), IBR approved for Sec. 1910.265(d)(2)(iv)
introductory text.
(29) NFPA 385-1966 Recommended Regulatory Standard for Tank Vehicles
for Flammable and Combustible Liquids, IBR approved for Sec.
1910.106(g)(1)(i)(e)(1).
(30) NFPA 496-1967 Standard for Purged Enclosures for Electrical
Equipment in Hazardous Locations, IBR approved for Sec.
1910.103(c)(1)(ix)(e)(1).
(31) NFPA 505-1969 Standard for Type Designations, Areas of Use,
Maintenance, and Operation of Powered Industrial Trucks, IBR approved
for Sec. 1910.110(e)(2)(iv).
(32) NFPA 566-1965 Standard for the Installation of Bulk Oxygen
Systems at Consumer Sites, IBR approved for Sec. Sec. 1910.253
(b)(4)(iv) and (c)(2)(v).
(33) NFPA 656-1959 Code for the Prevention of Dust Ignition in Spice
Grinding Plants, IBR approved for Sec. 1910.263(k)(2)(i).
(34) NFPA 1971-1975 Protective Clothing for Structural Fire
Fighting, IBR approved for Sec. 1910.156(e)(3)(ii) introductory text.
(35) NFPA 51A (2001) Standard for Acetylene Cylinder Charging
Plants, IBR approved for Sec. 1910.102(b) and (c). Copies of NFPA 51A-
2001 are available for purchase from the: National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-
800-344-35557; e-mail: [email protected].
(36) NFPA 51A (2006) Standard for Acetylene Cylinder Charging
Plants, IBR approved for Sec. 1910.102(b) and (c). Copies of NFPA 51A-
2006 are available for purchase from the: National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-
800-344-35557; e-mail: [email protected].
(37) NFPA 30B, Code for the Manufacture and Storage of Aerosol
Products, 2007 Edition, Approved August 17, 2006, IBR approved for
Appendix B to Sec. 1910.1200.
(r) The following material is available for purchase from the
National Food Plant Institute, 1700 K St. NW., Washington, DC 20006:
(1) Definition and Test Procedures for Ammonium Nitrate Fertilizer
(Nov. 1964), IBR approved for Sec. 1910.109 Table H-22, ftn. 3.
(2) [Reserved]
(s) The following material is available for purchase from the
National Institute for Occupational Safety and Health (NIOSH):
(1) Registry of Toxic Effects of Chemical Substances, 1978, IBR
approved for Sec. 1910.20(c)(13)(i) and appendix B.
(2) Development of Criteria for Fire Fighters Gloves; Vol. II, part
II; Test Methods, 1976, IBR approved for Sec. 1910.156(e)(4)(i)
introductory text.
(3) NIOSH Recommendations for Occupational Safety and Health
Standards (Sept. 1987), IBR approved for Sec. 1910.120 PEL definition.
[[Page 112]]
(t) The following material is available for purchase from the Public
Health Service:
(1) U.S. Pharmacopeia, IBR approved for Sec. 1910.134(d)(1).
(2) Publication No. 934 (1962), Food Service Sanitation Ordinance
and Code, part V of the Food Service Sanitation Manual, IBR approved for
Sec. 1910.142(i)(1).
(u) The following material is available for purchase from the
Society of Automotive Engineers (SAE), 485 Lexington Avenue, New York,
NY 10017:
(1) SAE J185, June 1988, Recommended Practice for Access Systems for
Off-Road Machines, IBR approved for Sec. 1910.266(f)(5)(i).
(2) SAE J231, January 1981, Minimum Performance Criteria for Falling
Object Protective Structure (FOPS), IBR approved for Sec.
1910.266(f)(3)(ii).
(3) SAE J386, June 1985, Operator Restraint Systems for Off-Road
Work Machines, IBR approved for Sec. 1910.266(d)(3)(iv).
(4) SAE J397, April 1988, Deflection Limiting Volume-ROPS/FOPS
Laboratory Evaluation, IBR approved for Sec. 1910.266(f)(3)(iv).
(5) SAE 765 (1961) SAE Recommended Practice: Crane Loading Stability
Test Code, IBR approved for Sec. 1910.180 (c)(1)(iii) and
(e)(2)(iii)(a).
(6) SAE J1040, April 1988, Performance Criteria for Rollover
Protective Structures (ROPS) for Construction, Earthmoving, Forestry and
Mining Machines, IBR approved for Sec. 1910.266(f)(3)(ii).
(v) The following material is available for purchase from the
Fertilizer Institute, 1015 18th Street NW, Washington, DC 20036:
(1) Standard M-1 (1953, 1955, 1957, 1960, 1961, 1963, 1965, 1966,
1967, 1968), Superseded by ANSI K61.1-1972, IBR approved for Sec.
1910.111(b)(1) (i) and (iii).
(2) [Reserved]
(w) The following material is available for purchase from
Underwriters Laboratories (UL), 207 East Ohio Street, Chicago, IL 60611:
(1) UL 58-61 Steel Underground Tanks for Flammable and Combustible
Liquids, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).
(2) UL 80-63 Steel Inside Tanks for Oil-Burner Fuel, IBR approved
for Sec. 1910.106(b)(1)(iii)(a)(1).
(3) UL 142-68 Steel Above Ground Tanks for Flammable and Combustible
Liquids, IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).
(x) The following material is available for purchase from the:
International Code Council, Chicago District Office, 4051 W. Flossmoor
Rd., Country Club Hills, IL 60478; telephone: 708-799-2300, x3-3801;
facsimile: 001-708-799-4981; e-mail: [email protected].
(1) IFC-2009, International Fire Code, copyright 2009, IBR approved
for Sec. Sec. 1910.34, 1910.35, 1910.36, and 1910.37.
(2) [Reserved]
(y)(1) The following materials are available for purchase from the
International Standards Organization (ISO) through ANSI, 25 West 43rd
Street, Fourth Floor, New York, NY 10036-7417; Telephone: 212-642-4980;
Fax: 212-302-1286; Email: [email protected]; Web site: http://www.ansi.org.
(2) Documents not available in the ANSI store may be purchased from:
(i) Document Center Inc., 111 Industrial Road, Suite 9, Belmont,
94002; Telephone: 650-591-7600; Fax: 650-591-7617; Email: info@document-
center.com; Web site: www.document-center.com.
(ii) DECO--Document Engineering Co., Inc., 15210 Stagg Street, Van
Nuys, CA 91405; Telephone: 800-645-7732 or 818-782-1010; Fax: 818-782-
2374; Email: [email protected]; Web site: www.doceng.com
(iii) Global Engineering Documents, 15 Inverness Way East,
Englewood, CO 80112; Telephone: 1-800-854-7179 or 303-397-7956; Fax:
303-397-2740; Email: [email protected]; Web sites: http://global.ihs.com or
http://www.store.ihs.com;
(iv) ILI Infodisk, Inc., 610 Winters Avenue, Paramus, NJ 07652;
Telephone: 201-986-1131; Fax: 201-986-7886; Email: [email protected];
Web site: www.ili-info.com.
(v) Techstreet, a business of Thomson Reuters, 3916 Ranchero Drive,
Ann Arbor, MI 48108; Telephone: 800-699-9277 or 734-780-8000; Fax: 734-
780-2046; Email: [email protected]; Web site:
www.Techstreet.com.
(3) ISO 10156:1996 (E), Gases and Gas Mixtures--Determination of
Fire Potential and Oxidizing Ability for the
[[Page 113]]
Selection of Cylinder Valve Outlets, Second Edition, Feb. 15, 1996, IBR
approved for Appendix B to Sec. 1910.1200.
(4) ISO 10156-2:2005 (E), Gas cylinders--Gases and Gas Mixtures--
Part 2: Determination of Oxidizing Ability of Toxic and Corrosive Gases
and Gas Mixtures, First Edition, Aug. 1, 2005, IBR approved for Appendix
B to Sec. 1910.1200.
(5) ISO 13943:2000 (E/F), Fire Safety--Vocabulary, First Edition,
April, 15, 2000, IBR approved for Appendix B to Sec. 1910.1200.
(z)(1) The following document is available for purchase from United
Nations Publications, Customer Service, c/o National Book Network, 15200
NBN Way, PO Box 190, Blue Ridge Summit, PA 17214; telephone: 1-888-254-
4286; fax: 1-800-338-4550; email: [email protected]. Other
distributors of United Nations Publications include:
(i) Bernan, 15200 NBN Way, Blue Ridge Summit, PA 17214; telephone:
1-800-865-3457; fax: 1-800-865-3450; email: customercare@bernan; Web
site: http://www.bernan.com; and
(ii) Renouf Publishing Co. Ltd., 812 Proctor Avenue, Ogdensburg, NY
13669-2205; telephone: 1-888-551-7470; Fax: 1-888-551-7471; email:
[email protected]; Web site: http://www.renoufbooks.com.
(2) UN ST/SG/AC.10/Rev.4, The UN Recommendations on the Transport of
Dangerous Goods, Manual of Tests and Criteria, Fourth Revised Edition,
2003, IBR approved for appendix B to Sec. 1910.1200.
[39 FR 23502, June 27, 1974]
Editorial Note: For Federal Register citations affecting Sec.
1910.6, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 1910.7 Definition and requirements for a nationally recognized
testing laboratory.
(a) Application. This section shall apply only when the term
nationally recognized testing laboratory is used in other sections of
this part.
(b) Laboratory requirements. The term nationally recognized testing
laboratory (NRTL) means an organization which is recognized by OSHA in
accordance with appendix A of this section and which tests for safety,
and lists or labels or accepts, equipment or materials and which meets
all of the following criteria:
(1) For each specified item of equipment or material to be listed,
labeled or accepted, the NRTL has the capability (including proper
testing equipment and facilities, trained staff, written testing
procedures, and calibration and quality control programs) to perform:
(i) Testing and examining of equipment and materials for workplace
safety purposes to determine conformance with appropriate test
standards; or
(ii) Experimental testing and examining of equipment and materials
for workplace safety purposes to determine conformance with appropriate
test standards or performance in a specified manner.
(2) The NRTL shall provide, to the extent needed for the particular
equipment or materials listed, labeled, or accepted, the following
controls or services:
(i) Implements control procedures for identifying the listed and
labeled equipment or materials;
(ii) Inspects the run of production of such items at factories for
product evaluation purposes to assure conformance with the test
standards; and
(iii) Conducts field inspections to monitor and to assure the proper
use of its identifying mark or labels on products;
(3) The NRTL is completely independent of employers subject to the
tested equipment requirements, and of any manufacturers or vendors of
equipment or materials being tested for these purposes; and,
(4) The NRTL maintains effective procedures for:
(i) Producing creditable findings or reports that are objective and
without bias; and
(ii) Handling complaints and disputes under a fair and reasonable
system.
(c) Test standards. An appropriate test standard referred to in
Sec. 1910.7(b)(1) (i) and (ii) is a document which specifies the safety
requirements for specific equipment or class of equipment and is:
[[Page 114]]
(1) Recognized in the United States as a safety standard providing
an adequate level of safety, and
(2) Compatible with and maintained current with periodic revisions
of applicable national codes and installation standards, and
(3) Developed by a standards developing organization under a method
providing for input and consideration of views of industry groups,
experts, users, consumers, governmental authorities, and others having
broad experience in the safety field involved, or
(4) In lieu of paragraphs (c) (1), (2), and (3), the standard is
currently designated as an American National Standards Institute (ANSI)
safety-designated product standard or an American Society for Testing
and Materials (ASTM) test standard used for evaluation of products or
materials.
(d) Alternative test standard. If a testing laboratory desires to
use a test standard other than one allowed under paragraph (c) of this
section, then the Assistant Secretary of Labor shall evaluate the
proposed standard to determine that it provides an adequate level of
safety before it is used.
(e) Implementation. A testing organization desiring recognition by
OSHA as an NRTL shall request that OSHA evaluate its testing and control
programs against the requirements in this section for any equipment or
material it may specify. The recognition procedure shall be conducted in
accordance with appendix A to this section.
(f) Fees. (1) Each applicant for NRTL recognition and each NRTL must
pay fees for services provided by OSHA in advance of the provision of
those services. OSHA will assess fees for the following services:
(i) Processing of applications for initial recognition, expansion of
recognition, or renewal of recognition, including on-site reviews;
review and evaluation of the applications; and preparation of reports,
evaluations and Federal Register notices; and
(ii) Audits of sites.
(2) The fee schedule established by OSHA reflects the full cost of
performing the activities for each service listed in paragraph (f)(1) of
this section. OSHA calculates the fees based on either the average or
actual time required to perform the work necessary; the staff costs per
hour (which include wages, fringe benefits, and expenses other than
travel for personnel that perform or administer the activities covered
by the fees); and the average or actual costs for travel when on-site
reviews are involved. The formula for the fee calculation is as follows:
Activity Fee = [Average (or Actual) Hours to Complete the Activity x
Staff Costs per Hour] + Average (or Actual) Travel Costs
(3)(i) OSHA will review the full costs periodically and will propose
a revised fee schedule, if warranted. In its review, OSHA will apply the
formula established in paragraph (f)(2) of this section to the current
estimated full costs for the NRTL Program. If a change is warranted,
OSHA will follow the implementation shown in paragraph (f)(4) of this
section.
(ii) OSHA will publish all fee schedules in the Federal Register.
Once published, a fee schedule remains in effect until it is superseded
by a new fee schedule. Any member of the public may request a change to
the fees included in the current fee schedule. Such a request must
include appropriate documentation in support of the suggested change.
OSHA will consider such requests during its annual review of the fee
schedule.
(4) OSHA will implement periodic review, and fee assessment,
collection, and payment, as follows:
------------------------------------------------------------------------
Milestones/Dates Action required
------------------------------------------------------------------------
I. Periodic Review of Fee Schedule
------------------------------------------------------------------------
When review completed................... OSHA will publish any proposed
new fee schedule in the
Federal Register if OSHA
determines that costs warrant
changes in the fee schedule.
Fifteen days after publication.......... Comments due on the proposed
new fee schedule.
When OSHA approves the fee schedule..... OSHA will publish the final
fee schedule in the Federal
Register, making the fee
schedule effective on a
specific date.
------------------------------------------------------------------------
II. Application Processing Fees
------------------------------------------------------------------------
Time of application..................... Applicant must pay the
applicable fees in the fee
schedule that are due when
submitting an application;
OSHA will not begin
processing the application
until it receives the fees.
[[Page 115]]
Before assessment performed............. Applicant must pay the
estimated staff time and
travel costs for its
assessment based on the fees
in effect at the time of the
assessment. Applicant also
must pay the fees for the
final report and Federal
Register notice, and other
applicable fees, as specified
in the fee schedule. OSHA may
cancel an application if the
applicant does not pay these
fees, or any balance of these
fees, when due.
------------------------------------------------------------------------
III. Audit Fees
------------------------------------------------------------------------
Before audit performed.................. NRTL must pay the estimated
staff time and travel costs
for its audit based on the
fees in effect at the time of
the audit. NRTL also must pay
other applicable fees, as
specified in the fee
schedule. After the audit,
OSHA adjusts the audit fees
to account for the actual
costs for travel and staff
time.
On due date............................. NRTL must pay the estimated
audit fees, or any balance
due, by the due date
established by OSHA; OSHA
will assess a late fee if
NRTL does not pay audit fees
(or any balance of fees due)
by the due date. OSHA may
still perform the audit when
an NRTL does not pay the fees
or does not pay them on time.
Thirty days after due date or, if OSHA will begin processing a
earlier, date NRTL refuses to pay. notice for publication in the
Federal Register announcing
its plan to revoke
recognition for NRTLs that do
not pay the estimated audit
fees and any balance of audit
fees due.
------------------------------------------------------------------------
Note: For the purposes of 29 CFR 1910.7(f)(4), ``days'' means ``calendar
days,'' and ``applicant'' means ``the NRTL'' or ``an applicant for
NRTL recognition.''
(5) OSHA will provide details about how to pay the fees through
appropriate OSHA Program Directives, which will be available on the OSHA
web site.
Appendix A to Sec. 1910.7--OSHA Recognition Process for Nationally
Recognized Testing Laboratories
Introduction
This appendix provides requirements and criteria which OSHA will use
to evaluate and recognize a Nationally Recognized Testing Laboratory
(NRTL). This process will include the evaluation of the product
evaluation and control programs being operated by the NRTL, as well as
the NRTL's testing facilities being used in its program. In the
evaluation of the NRTLs, OSHA will use either consensus-based standards
currently in use nationally, or other standards or criteria which may be
considered appropriate. This appendix implements the definition of NRTL
in 29 CFR 1910.7 which sets out the criteria that a laboratory must meet
to be recognized by OSHA (initially and on a continuing basis). The
appendix is broader in scope, providing procedures for renewal,
expansion and revocation of OSHA recognition. Except as otherwise
provided, the burden is on the applicant to establish by a preponderance
of the evidence that it is entitled to recognition as an NRTL. If
further detailing of these requirements and criteria will assist the
NRTLs or OSHA in this activity, this detailing will be done through
appropriate OSHA Program Directives.
I. Procedures for Initial OSHA Recognition
A. Applications.
1. Eligibility. a. Any testing agency or organization considering
itself to meet the definition of nationally recognized testing
laboratory as specified in Sec. 1910.7 may apply for OSHA recognition
as an NRTL.
b. However, in determining eligibility for a foreign-based testing
agency or organization, OSHA shall take into consideration the policy of
the foreign government regarding both the acceptance in that country of
testing data, equipment acceptances, and listings, and labeling, which
are provided through nationally recognized testing laboratories
recognized by the Assistant Secretary, and the accessibility to
government recognition or a similar system in that country by U.S.-based
safety-related testing agencies, whether recognized by the Assistant
Secretary or not, if such recognition or a similar system is required by
that country.
2. Content of application. a. The applicant shall provide sufficient
information and detail demonstrating that it meets the requirements set
forth in Sec. 1910.7, in order for an informed decision concerning
recognition to be made by the Assistant Secretary.
b. The applicant also shall identify the scope of the NRTL-related
activity for which the applicant wishes to be recognized. This will
include identifying the testing methods it will use to test or judge the
specific equipment and materials for which recognition is being
requested, unless such test methods are already specified in the test
standard. If requested to do so by OSHA, the applicant shall provide
documentation of the efficacy of these testing methods.
c. The applicant may include whatever enclosures, attachments, or
exhibits the applicant deems appropriate. The application need not be
submitted on a Federal form.
3. Filing office location. The application shall be filed with: NRTL
Recognition Program, Occupational Safety and Health Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
4. Amendments and withdrawals. a. An application may be revised by
an applicant at any time prior to the completion of activity under
paragraph I.B.4. of this appendix.
b. An application may be withdrawn by an applicant, without
prejudice, at any time prior to the final decision by the Assistant
[[Page 116]]
Secretary in paragraph I.B.7.c. of this appendix.
B. Review and Decision Process; Issuance or Renewal.
1. Acceptance and on-site review. a. Applications submitted by
eligible testing agencies will be accepted by OSHA, and their receipt
acknowledged in writing. After receipt of an application, OSHA may
request additional information if it believes information relevant to
the requirements for recognition has been omitted.
b. OSHA shall, as necessary, conduct an on-site review of the
testing facilities of the applicant, as well as the applicant's
administrative and technical practices, and, if necessary, review any
additional documentation underlying the application.
c. These on-site reviews will be conducted by qualified individuals
technically expert in these matters, including, as appropriate, non-
Federal consultants/contractors acceptable to OSHA. The protocol for
each review will be based on appropriate national consensus standards or
international guides, with such additions, changes, or deletions as may
be considered necessary and appropriate in each case by OSHA. A written
report shall be made of each on-site review and a copy shall be provided
to the applicant.
2. Positive finding by staff. If, after review of the application,
and additional information, and the on-site review report, the applicant
appears to have met the requirements for recognition, a written
recommendation shall be submitted by the responsible OSHA personnel to
the Assistant Secretary that the application be approved, accompanied by
a supporting explanation.
3. Negative finding by staff.--a. Notification to applicant. If,
after review of the application, any additional information and the on-
site review report, the applicant does not appear to have met the
requirements for recognition, the responsible OSHA personnel shall
notify the applicant in writing, listing the specific requirements of
Sec. 1910.7 and this appendix which the applicant has not met, and
allow a reasonable period for response.
b. Revision of application. (i) After receipt of a notification of
negative finding (i.e., for intended disapproval of the application),
and within the response period provided, the applicant may:
(a) Submit a revised application for further review, which could
result in a positive finding by the responsible OSHA personnel pursuant
to subsection I.B.2. of this appendix; or
(b) Request that the original application be submitted to the
Assistant Secretary with an attached statement of reasons, supplied by
the applicant of why the application should be approved.
(ii) This procedure for applicant notification and potential
revision shall be used only once during each recognition process.
4. Preliminary finding by Assistant Secretary. a. The Assistant
Secretary, or a special designee for this purpose, will make a
preliminary finding as to whether the applicant has or has not met the
requirements for recognition, based on the completed application file,
the written staff recommendation, and the statement of reasons supplied
by the applicant if there remains a staff recommendation of disapproval.
b. Notification of this preliminary finding will be sent to the
applicant and subsequently published in the Federal Register.
c. This preliminary finding shall not be considered an official
decision by the Assistant Secretary or OSHA, and does not confer any
change in status or any interim or temporary recognition for the
applicant.
5. Public review and comment period--a. The Federal Register notice
of preliminary finding will provide a period of not less than 30
calendar days for written comments on the applicant's fulfillment of the
requirements for recognition. The application, supporting documents,
staff recommendation, statement of applicant's reasons, and any comments
received, will be available for public inspection in the OSHA Docket
Office.
b. Any member of the public, including the applicant, may supply
detailed reasons and evidence supporting or challenging the sufficiency
of the applicant's having met the requirements of the definition in 29
CFR Sec. 1910.7 and this appendix. Submission of pertinent documents
and exhibits shall be made in writing by the close of the comment
period.
6. Action after public comment--a. Final decision by Assistant
Secretary. Where the public review and comment record supports the
Assistant Secretary's preliminary finding concerning the application,
i.e., absent any serious objections or substantive claims contrary to
the preliminary finding having been received in writing from the public
during the comment period, the Assistant Secretary will proceed to final
written decision on the application. The reasons supporting this
decision shall be derived from the evidence available as a result of the
full application, the supporting documentation, the staff finding, and
the written comments and evidence presented during the public review and
comment period.
b. Public announcement. A copy of the Assistant Secretary's final
decision will be provided to the applicant. Subsequently, a notification
of the final decision shall be published in the Federal Register. The
publication date will be the effective date of the recognition.
c. Review of final decision. There will be no further review
activity available within the Department of Labor from the final
decision of the Assistant Secretary.
7. Action after public objection--a. Review of negative information.
At the discretion of the
[[Page 117]]
Assistant Secretary or his designee, OSHA may authorize Federal or
contract personnel to initiate a special review of any information
provided in the public comment record which appears to require
resolution, before a final decision can be made.
b. Supplementation of record. The contents and results of special
reviews will be made part of this record by the Assistant Secretary by
either:
(i) Reopening the written comment period for public comments on
these reviews; or
(ii) Convening an informal hearing to accept public comments on
these reviews, conducted under applicable OSHA procedures for similar
hearings.
c. Final decision by the Assistant Secretary. The Assistant
Secretary shall issue a decision as to whether it has been demonstrated,
based on a preponderance of the evidence, that the applicant meets the
requirements for recognition. The reasons supporting this decision shall
be derived from the evidence available as a result of the full
application, the supporting documentation, the staff finding, the
comments and evidence presented during the public review and comment
period, and written to transcribed evidence received during any
subsequent reopening of the written comment period or informal public
hearing held.
d. Public announcement. A copy of the Assistant Secretary's final
decision will be provided to the applicant, and a notification will be
published in the Federal Register subsequently announcing the decision.
e. Review of final decision. There will be no further review
activity available within the Department of Labor from the final
decision of the Assistant Secretary.
c. Terms and conditions of recognition. The following terms and
conditions shall be part of every recognition:
1. Letter of recognition. The recognition by OSHA of any NRTL will
be evidenced by a letter of recognition from OSHA. The letter will
provide the specific details of the scope of the OSHA recognition,
including the specific equipment or materials for which OSHA recognition
has been granted, as well as any specific conditions imposed by OSHA.
2. Period of recognition. The recognition by OSHA of each NRTL will
be valid for five years, unless terminated before the expiration of the
period. The dates of the period of recognition will be stated in the
recognition letter.
3. Constancy in operations. The recognized NRTL shall continue to
satisfy all the requirements or limitations in the letter of recognition
during the period of recognition.
4. Accurate publicity. The OSHA-recognized NRTL shall not engage in
or permit others to engage in misrepresentation of the scope or
conditions of its recognition.
5. Temporary Recognition of Certain NRTLs. a. Notwithstanding all
other requirements and provisions of Sec. 1910.7 and this appendix, the
following two organizations are recognized temporarily as nationally
recognized testing laboratories by the Assistant Secretary for a period
of five years beginning June 13, 1988 and ending on July 13, 1993:
(i) Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook,
Illinois 60062.
(ii) Factory Mutual Research Corporation, 1151 Boston-Providence
Turnpike, Norwood, Massachusetts 02062.
b. At the end of the five-year period, the two temporarily
recognized laboratories shall apply for renewal of OSHA recognition
utilizing the following procedures established for renewal of OSHA
recognition.
II. Supplementary Procedures.
A. Test standard changes.
A recognized NRTL may change a testing standard or elements
incorporated in the standard such as testing methods or pass-fail
criteria by notifying the Assistant Secretary of the change, certifying
that the revised standard will be at least as effective as the prior
standard, and providing the supporting data upon which its conclusions
are based. The NRTL need not inform the Assistant Secretary of minor
deviations from a test standard such as the use of new instrumentation
that is more accurate or sensitive than originally called for in the
standard. The NRTL also need not inform the Assistant Secretary of its
adoption of revisions to third-party testing standards meeting the
requirements of Sec. 1910.7(c)(4), if such revisions have been
developed by the standards developing organization, or of its adoption
of revisions to other third-party test standards which the developing
organization has submitted to OSHA. If, upon review, the Assistant
Secretary or his designee determines that the proposed revised standard
is not ``substantially equivalent'' to the previous version with regard
to the level of safety obtained, OSHA will not accept the proposed
testing standard by the recognized NRTL, and will initiate
discontinuance of that aspect of OSHA-recognized activity by the NRTL by
modification of the official letter of recognition. OSHA will publicly
announce this action and the NRTL will be required to communicate this
OSHA decision directly to affected manufacturers.
B. Expansion of current recognition
1. Eligibility. A recognized NRTL may apply to OSHA for an expansion
of its current recognition to cover other categories of NRTL testing in
addition to those included in the current recognition.
[[Page 118]]
2. Procedure. a. OSHA will act upon and process the application for
expansion in accordance with subsection I.B. of this appendix, except
that the period for written comments, specified in paragraph 5.a of
subsection I.B. of this appendix, will be not less than 15 calendar
days.
b. In that process, OSHA may decide not to conduct an on-site
review, where the substantive scope of the request to expand recognition
is closely related to the current area of recognition.
c. The expiration date for each expansion of recognition shall
coincide with the expiration date of the current basic recognition
period.
C. Renewal of OSHA recognition
1. Eligibility. A recognized NRTL may renew its recognition by
filing a renewal request at the address in paragraph I.A.3. of this
appendix not less than nine months, nor more than one year, before the
expiration date of its current recognition.
2. Procedure. a. OSHA will process the renewal request in accordance
with subsection I.B. of this appendix, except that the period for
written comments, specified in paragraph 5.a of subsection I.B. of this
appendix, will be not less than 15 calendar days.
b. In that process, OSHA may determine not to conduct the on-site
reviews in I.B.1.a. where appropriate.
c. When a recognized NRTL has filed a timely and sufficient renewal
request, its current recognition will not expire until a final decision
has been made by OSHA on the request.
d. After the first renewal has been granted to the NRTL, the NRTL
shall apply for a continuation of its recognition status every five
years by submitting a renewal request. In lieu of submitting a renewal
request after the initial renewal, the NRTL may certify its continuing
compliance with the terms of its letter of recognition and 29 CFR
1910.7.
3. Alternative procedure. After the initial recognition and before
the expiration thereof, OSHA may (for good cause) determine that there
is a sufficient basis to dispense with the renewal requirement for a
given laboratory and will so notify the laboratory of such a
determination in writing. In lieu of submitting a renewal request, any
laboratory so notified shall certify its continuing compliance with the
terms of its letter of recognition and 29 CFR 1910.7.
D. Voluntary termination of recognition.
At any time, a recognized NRTL may voluntarily terminate its
recognition, either in its entirety or with respect to any area covered
in its recognition, by giving written notice to OSHA. The written notice
shall state the date as of which the termination is to take effect. The
Assistant Secretary shall inform the public of any voluntary termination
by Federal Register notice.
E. Revocation of recognition by OSHA.
1. Potential causes. If an NRTL either has failed to continue to
substantially satisfy the requirements of Sec. 1910.7 or this appendix,
or has not been reasonably performing the NRTL testing requirements
encompassed within its letter of recognition, or has materially
misrepresented itself in its applications or misrepresented the scope or
conditions of its recognition, the Assistant Secretary may revoke the
recognition of a recognized NRTL, in whole or in part. OSHA may initiate
revocation procedures on the basis of information provided by any
interested person.
2. Procedure. a. Before proposing to revoke recognition, the Agency
will notify the recognized NRTL in writing, giving it the opportunity to
rebut or correct the alleged deficiencies which would form the basis of
the proposed revocation, within a reasonable period.
b. If the alleged deficiencies are not corrected or reconciled
within a reasonable period, OSHA will propose, in writing to the
recognized NRTL, to revoke recognition. If deemed appropriate, no other
announcement need be made by OSHA.
c. The revocation shall be effective in 60 days unless within that
period the recognized NRTL corrects the deficiencies or requests a
hearing in writing.
d. If a hearing is requested, it shall be held before an
administrative law judge of the Department of Labor pursuant to the
rules specified in 29 CFR part 1905, subpart C.
e. The parties shall be OSHA and the recognized NRTL. The Assistant
Secretary may allow other interested persons to participate in these
hearings if such participation would contribute to the resolution of
issues germane to the proceeding and not cause undue delay.
f. The burden of proof shall be on OSHA to demonstrate by a
preponderance of the evidence that the recognition should be revoked
because the NRTL is not meeting the requirements for recognition, has
not been reasonably performing the product testing functions as required
by Sec. 1910.7, this appendix A, or the letter of recognition, or has
materially misrepresented itself in its applications or publicity.
3. Final decision. a. After the hearing, the Administrative Law
Judge shall issue a decision stating the reasons based on the record as
to whether it has been demonstrated, based on a preponderance of
evidence, that the applicant does not continue to meet the requirements
for its current recognition.
b. Upon issuance of the decision, any party to the hearing may file
exceptions within 20
[[Page 119]]
days pursuant to 29 CFR 1905.28. If no exceptions are filed, this
decision is the final decision of the Assistant Secretary. If objections
are filed, the Administrative Law Judge shall forward the decision,
exceptions and record to the Assistant Secretary for the final decision
on the proposed revocation.
c. The Assistant Secretary will review the record, the decision by
the Administrative Law Judge, and the exceptions filed. Based on this,
the Assistant Secretary shall issue the final decision as to whether it
has been demonstrated, by a preponderance of evidence, that the
recognized NRTL has not continued to meet the requirements for OSHA
recognition. If the Assistant Secretary finds that the NRTL does not
meet the NRTL recognition requirements, the recognition will be revoked.
4. Public announcement. A copy of the Assistant Secretary's final
decision will be provided to the applicant, and a notification will be
published in the Federal Register announcing the decision, and the
availability of the complete record of this proceeding at OSHA. The
effective date of any revocation will be the date the final decision
copy is sent to the NRTL.
5. Review of final decision. There will be no further review
activity available within the Department of Labor from the final
decision of the Assistant Secretary.
[53 FR 12120, Apr. 12, 1988; 53 FR 16838, May 11, 1988, as amended at 54
FR 24333, June 7, 1989; 65 FR 46818, 46819, July 31, 2000; 76 FR 10515,
Feb. 25, 2011]
Sec. 1910.8 OMB control numbers under the Paperwork Reduction Act.
The following sections or paragraphs each 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.
------------------------------------------------------------------------
1910.7...................................................... 1218-0147
1910.23..................................................... 1218-0199
1910.66..................................................... 1218-0121
1910.67(b).................................................. 1218-0230
1910.68..................................................... 1218-0226
1910.95..................................................... 1218-0048
1910.111.................................................... 1218-0208
1910.119.................................................... 1218-0200
1910.120.................................................... 1218-0202
1910.132.................................................... 1218-0205
1910.134.................................................... 1218-0099
1910.137.................................................... 1218-0190
1910.142.................................................... 1218-0096
1910.145.................................................... 1218-0132
1910.146.................................................... 1218-0203
1910.147.................................................... 1218-0150
1910.156.................................................... 1218-0075
1910.157(e)(3).............................................. 1218-0210
1910.157(f)(16)............................................. 1218-0218
1910.177(d)(3)(iv).......................................... 1218-0219
1910.179(j)(2)(iii) and (iv)................................ 1218-0224
1910.179(m)(1) and (m)(2)................................... 1218-0224
1910.180(d)(6).............................................. 1218-0221
1910.180(g)(1) and (g)(2)(ii)............................... 1218-0221
1910.181(g)(1) and (g)(3)................................... 1218-0222
1910.184(e)(4), (f)(4) and (i)(8)(ii)....................... 1218-0223
1910.217(e)(1)(i) and (ii).................................. 1218-0229
1910.217(g)................................................. 1218-0070
1910.217(h)................................................. 1218-0143
1910.218(a)(2)(i) and (ii).................................. 1218-0228
1910.252(a)(2)(xiii)(c)..................................... 1218-0207
1910.255(e)................................................. 1218-0207
1910.266.................................................... 1218-0198
1910.268.................................................... 1218-0225
1910.269.................................................... 1218-0190
1910.272.................................................... 1218-0206
1910.302.................................................... 1218-0256
1910.303.................................................... 1218-0256
1910.304.................................................... 1218-0256
1910.305.................................................... 1218-0256
1910.306.................................................... 1218-0256
1910.307.................................................... 1218-0256
1910.308.................................................... 1218-0256
1910.420.................................................... 1218-0069
1910.421.................................................... 1218-0069
1910.423.................................................... 1218-0069
1910.430.................................................... 1218-0069
1910.440.................................................... 1218-0069
1910.1001................................................... 1218-0133
1910.1003................................................... 1218-0085
1910.1004................................................... 1218-0084
1910.1006................................................... 1218-0086
1910.1007................................................... 1218-0083
1910.1008................................................... 1218-0087
1910.1009................................................... 1218-0089
1910.1010................................................... 1218-0082
1910.1011................................................... 1218-0090
1910.1012................................................... 1218-0080
1910.1013................................................... 1218-0079
1910.1014................................................... 1218-0088
1910.1015................................................... 1218-0044
1910.1016................................................... 1218-0081
1910.1017................................................... 1218-0010
1910.1018................................................... 1218-0104
1910.1020................................................... 1218-0065
1910.1025................................................... 1218-0092
1910.1026................................................... 1218-0252
1910.1027................................................... 1218-0185
1910.1028................................................... 1218-0129
1910.1029................................................... 1218-0128
1910.1030................................................... 1218-0180
1910.1043................................................... 1218-0061
1910.1044................................................... 1218-0101
1910.1045................................................... 1218-0126
1910.1047................................................... 1218-0108
1910.1048................................................... 1218-0145
1910.1050................................................... 1218-0184
1910.1051................................................... 1218-0170
1910.1052................................................... 1218-0179
1910.1096................................................... 1218-0103
1910.1200................................................... 1218-0072
1910.1450................................................... 1218-0131
------------------------------------------------------------------------
[61 FR 5508, Feb. 13, 1996, as amended at 62 FR 29668, June 2, 1997; 62
FR 42666, Aug. 8, 1997; 62 FR 43581, Aug. 14, 1997; 62 FR 65203, Dec.
11, 1997; 63 FR 13340, Mar. 19, 1998; 63 FR 17093, Apr. 8, 1998; 71 FR
38086, July 5, 2006; 72 FR 40075, July 23, 2007]
[[Page 120]]
Sec. 1910.9 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 75583, Dec. 12, 2008]
Subpart B_Adoption and Extension of Established Federal Standards
Authority: Secs. 4, 6, and 8 of the Occupational Safety and Health
Act, 29 U.S.C. 653, 655, 657; Walsh-Healey Act, 41 U.S.C. 35 et seq.;
Service Contract Act of 1965, 41 U.S.C. 351 et seq.; Sec.107, Contract
Work Hours and Safety Standards Act (Construction Safety Act), 40 U.S.C.
333; Sec. 41, Longshore and Harbor Workers' Compensation Act, 33 U.S.C.
941; National Foundation of Arts and Humanities Act, 20 U.S.C. 951 et
seq.; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
1911), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as
applicable.
Sec. 1910.11 Scope and purpose.
(a) The provisions of this subpart B adopt and extend the
applicability of, established Federal standards in effect on April 28,
1971, with respect to every employer, employee, and employment covered
by the Act.
(b) It bears emphasis that only standards (i.e., substantive rules)
relating to safety or health are adopted by any incorporations by
reference of standards prescribed elsewhere in this chapter or this
title. Other materials contained in the referenced parties are not
adopted. Illustrations of the types of materials which are not adopted
are these. The incorporations by reference of parts 1915, 1916, 1917,
1918 in Sec. Sec. 1910.13, 1910.14, 1910.15, and 1910.16 are not
intended to include the discussion in those parts of the coverage of the
Longshoremen's and Harbor Workers' Compensation Act or the penalty
provisions of the Act. Similarly, the incorporation by reference of part
1926 in Sec. 1910.12 is not intended to include references to
interpretative rules having relevance to the application of the
Construction Safety Act, but having no relevance to the application to
the Occupational Safety and Health Act.
Sec. 1910.12 Construction work.
(a) Standards. The standards prescribed in part 1926 of this chapter
are adopted as occupational safety and health standards under section 6
of the Act and shall apply, according to the provisions thereof, to
every employment and place of employment of every employee engaged in
construction work. Each employer shall protect the employment and places
of employment of each of his employees engaged in construction work by
complying with the appropriate standards prescribed in this paragraph.
(b) Definition. For purposes of this section, Construction work
means work for construction, alteration, and/or repair, including
painting and decorating. See discussion of these terms in Sec. 1926.13
of this title.
(c) Construction Safety Act distinguished. This section adopts as
occupational safety and health standards under section 6 of the Act the
standards which are prescribed in part 1926 of this chapter. Thus, the
standards (substantive rules) published in subpart C and the following
subparts of part 1926 of this chapter are applied. This section does not
incorporate subparts A and B of part 1926 of this chapter. Subparts A
and B have pertinence only to the application of section 107 of the
Contract Work Hours and Safety
[[Page 121]]
Standards Act (the Construction Safety Act). For example, the
interpretation of the term ``subcontractor'' in paragraph (c) of Sec.
1926.13 of this chapter is significant in discerning the coverage of the
Construction Safety Act and duties thereunder. However, the term
``subcontractor'' has no significance in the application of the Act,
which was enacted under the Commerce Clause and which establishes duties
for ``employers'' which are not dependent for their application upon any
contractual relationship with the Federal Government or upon any form of
Federal financial assistance.
(d) For the purposes of this part, to the extent that it may not
already be included in paragraph (b) of this section, ``construction
work'' includes the erection of new electric transmission and
distribution lines and equipment, and the alteration, conversion, and
improvement of the existing transmission and distribution lines and
equipment.
Sec. 1910.15 Shipyard employment.
(a) Adoption and extension of established safety and health
standards for shipyard employment. The standards prescribed by part 1915
(formerly parts 1501-1503) of this title and in effect on April 28, 1971
(as revised), are adopted as occupational safety or health standards
under section 6(a) of the Act and shall apply, according to the
provisions thereof, to every employment and place of employment of every
employee engaged in ship repair, shipbreaking, and shipbuilding, or a
related employment. Each employer shall protect the employment and
places of employment of each of his employees engaged in ship repair,
shipbreaking, and shipbuilding, or a related employment, by complying
with the appropriate standards prescribed by this paragraph.
(b) Definitions. For purposes of this section:
(1) Ship repair means any repair of a vessel, including, but not
restricted to, alterations, conversions, installations, cleaning,
painting, and maintenance work;
(2) 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 of a vessel;
(3) Shipbuilding means the construction of a vessel, including the
installation of machinery and equipment;
(4) Related employment means any employment performed as an incident
to, or in conjunction with, ship repair, shipbreaking, and shipbuilding
work, including, but not restricted to, inspection, testing, and
employment as a watchman; and
(5) 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.
[58 FR 35308, June 30, 1993]
Sec. 1910.16 Longshoring and marine terminals.
(a) Safety and health standards for longshoring. (1) Part 1918 of
this chapter shall apply exclusively, according to the provisions
thereof, to all employment of every employee engaged in longshoring
operations or related employment aboard any vessel. All cargo transfer
accomplished with the use of shore-based material handling devices shall
be governed by part 1917 of this chapter.
(2) Part 1910 does not apply to longshoring operations except for
the following provisions:
(i) Access to employee exposure and medical records. Subpart Z,
Sec. 1910.1020;
(ii) Commercial diving operations. Subpart T;
(iii) Electrical. Subpart S when shore-based electrical
installations provide power for use aboard vessels;
(iv) Hazard communication. Subpart Z, Sec. 1910.1200;
(v) Ionizing radiation. Subpart Z, Sec. 1910.1096;
(vi) Noise. Subpart G, Sec. 1910.95;
(vii) Nonionizing radiation. Subpart G, Sec. 1910.97;
Note to paragraph (a)(2)(vii): Exposures to nonionizing radiation
emissions from commercial vessel transmitters are considered hazardous
under the following conditions: (1) where the radar is transmitting, the
scanner is stationary, and the exposure distance is 18.7 feet (6 m.) or
less; or (2) where the radar is transmitting, the scanner
[[Page 122]]
is rotating, and the exposure distance is 5.2 feet (1.8 m.) or less.
(viii) Respiratory protection. Subpart I, Sec. 1910.134;
(ix) 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. 1918.94 (a)); and
(D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94 (f)).
(x) Powered industrial truck operator training, Subpart N, Sec.
1910.178(l).
(b) Safety and health standards for marine terminals. Part 1917 of
this chapter shall apply exclusively, according to the provisions
thereof, to employment within a marine terminal, except as follows:
(1) The provisions of part 1917 of this chapter do not apply to the
following:
(i) Facilities used solely for the bulk storage, handling, and
transfer of flammable and combustible liquids and gases.
(ii) Facilities subject to the regulations of the Office of Pipeline
Safety of the Research and Special Programs Administration, Department
of Transportation (49 CFR chapter I, subchapter D), to the extent such
regulations apply to specific working conditions.
(iii) Fully automated bulk coal handling facilities contiguous to
electrical power generating plants.
(2) Part 1910 does not apply to marine terminals except for the
following:
(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;
(iv) Electrical. Subpart S;
(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; \2\
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\2\ 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.
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(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
(xiv) Powered industrial truck operator training, subpart N, Sec.
1910.178(l).
(c) Definitions. For purposes of this section:
(1) Longshoring operation means the loading, unloading, moving, or
handling of, cargo, ship's stores, gear, etc., into, in, on, or out of
any vessel;
(2) Related employment means any employment performed as an incident
to or in conjunction with, longshoring operations including, but not
restricted to, securing cargo, rigging, and employment as a porter,
checker, or watchman; and
(3) 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.
[[Page 123]]
(4) 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, consolidation 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 having their own docking
facilities and located at a marine terminal nor does the term include
storage facilities directly associated with those production or
manufacturing areas.
[39 FR 23502, June 27, 1974, as amended at 48 FR 30908, July 5, 1983; 52
FR 36026, Sept. 25, 1987; 62 FR 40195, July 25, 1997; 63 FR 66270, Dec.
1, 1998]
Sec. 1910.17 Effective dates.
(a)-(b) [Reserved]
(c) Except whenever any employment or place of employment is, or
becomes, subject to any safety and health standard prescribed in part
1915, 1916, 1917, 1918, or 1926 of this title on a date before August
27, 1971, by virtue of the Construction Safety Act or the Longshoremen's
and Harbor Workers' Compensation Act, that occupational safety and
health standard as incorporated by reference in this subpart shall also
become effective under the Williams-Steiger Occupational Safety and
Health Act of 1970 on that date.
[39 FR 23502, June 27, 1974, as amended at 61 FR 9235, Mar. 7, 1996]
Sec. 1910.18 Changes in established Federal standards.
Whenever an occupational safety and health standard adopted and
incorporated by reference in this subpart B is changed pursuant to
section 6(b) of the Act and the statute under which the standard was
originally promulgated, and in accordance with part 1911 of this
chapter, the standard shall be deemed changed for purposes of that
statute and this subpart B, and shall apply under this subpart B. For
the purposes of this section, a change in a standard includes any
amendment, addition, or repeal, in whole or in part, of any standard.
Sec. 1910.19 Special provisions for air contaminants.
(a) Asbestos, tremolite, anthophyllite, and actinolite dust. Section
1910.1001 shall apply to the exposure of every employee to asbestos,
tremolite, anthophyllite, and actinolite dust in every employment and
place of employment covered by Sec. 1910.16, in lieu of any different
standard on exposure to asbestos, tremolite, anthophyllite, and
actinolite dust which would otherwise be applicable by virtue of any of
those sections.
(b) Vinyl chloride. Section 1910.1017 shall apply to the exposure of
every employee to vinyl chloride in every employment and place of
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, Sec.
1910.15, or Sec. 1910.16, in lieu of any different standard on exposure
to vinyl chloride which would otherwise be applicable by virtue of any
of those sections.
(c) Acrylonitrile. Section 1910.1045 shall apply to the exposure of
every employee to acrylonitrile in every employment and place of
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, Sec.
1910.15, or Sec. 1910.16, in lieu of any different standard on exposure
to acrylonitrile which would otherwise be applicable by virtue of any of
those sections.
(d) [Reserved]
(e) Inorganic arsenic. Section 1910.1018 shall apply to the exposure
of every employee to inorganic arsenic in every employment covered by
Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, Sec. 1910.15, or Sec.
1910.16, in lieu of any different standard on exposure to inorganic
arsenic which would otherwise be applicable by virtue of any of those
sections.
(f) [Reserved]
(g) Lead. Section 1910.1025 shall apply to the exposure of every
employee to lead in every employment and place of employment covered by
Sec. Sec. 1910.13, 1910.14, 1910.15, and 1910.16, in lieu of any
different standard on exposure to lead which would otherwise be
applicable by virtue of those sections.
(h) Ethylene oxide. Section 1910.1047 shall apply to the exposure of
every employee to ethylene oxide in every
[[Page 124]]
employment and place of employment covered by Sec. 1910.12, Sec.
1910.13, Sec. 1910.14, Sec. 1910.15, or Sec. 1910.16, in lieu of any
different standard on exposure to ethylene oxide which would otherwise
be applicable by virtue of those sections.
(i) 4,4'-Methylenedianiline (MDA). Section 1910.1050 shall apply to
the exposure of every employee to MDA in every employment and place of
employment covered by Sec. 1910.13, Sec. 1910.14, Sec. 1910.15, or
Sec. 1910.16, in lieu of any different standard on exposure to MDA
which would otherwise be applicable by virtue of those sections.
(j) Formaldehyde. Section 1910.1048 shall apply to the exposure of
every employee to formaldehyde in every employment and place of
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, Sec.
1910.15 or Sec. 1910.16 in lieu of any different standard on exposure
to formaldehyde which would otherwise be applicable by virtue of those
sections.
(k) Cadmium. Section 1910.1027 shall apply to the exposure of every
employee to cadmium in every employment and place of employment covered
by Sec. 1910.16 in lieu of any different standard on exposures to
cadmium that would otherwise be applicable by virtue of those sections.
(l) 1,3-Butadiene (BD). Section 1910.1051 shall apply to the
exposure of every employee to BD in every employment and place of
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, Sec.
1910.15, or Sec. 1910.16, in lieu of any different standard on exposure
to BD which would otherwise be applicable by virtue of those sections.
(m) Methylene chloride (MC). Section 1910.1052 shall apply to the
exposure of every employee to MC in every employment and place of
employment covered by Sec. 1910.16 in lieu of any different standard on
exposure to MC which would otherwise be applicable by virtue of that
section when it is not present in sealed, intact containers.
[43 FR 28473, June 30, 1978, as amended at 43 FR 45809, Oct. 3, 1978; 43
FR 53007, Nov. 14, 1978; 44 FR 5447, Jan. 26, 1979; 46 FR 32022, June
19, 1981; 49 FR 25796, June 22, 1984; 50 FR 51173, Dec. 13, 1985; 52 FR
46291, Dec. 4, 1987; 57 FR 35666, Aug. 10, 1992; 57 FR 42388, Sept. 14,
1992; 59 FR 41057, Aug. 10, 1994; 61 FR 56831, Nov. 4, 1996; 62 FR 1600,
Jan. 10, 1997]
Subpart C [Reserved]
Subpart D_Walking-Working Surfaces
Authority: Secs. 4, 6, and 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90
(55 FR 9033), as applicable; and 29 CFR part 1911.
Sec. 1910.21 Definitions.
(a) As used in Sec. 1910.23, unless the context requires otherwise,
floor and wall opening, railing and toe board terms shall have the
meanings ascribed in this paragraph.
(1) Floor hole. An opening measuring less than 12 inches but more
than 1 inch in its least dimension, in any floor, platform, pavement, or
yard, through which materials but not persons may fall; such as a belt
hole, pipe opening, or slot opening.
(2) Floor opening. An opening measuring 12 inches or more in its
least dimension, in any floor, platform, pavement, or yard through which
persons may fall; such as a hatchway, stair or ladder opening, pit, or
large manhole. Floor openings occupied by elevators, dumb waiters,
conveyors, machinery, or containers are excluded from this subpart.
(3) Handrail. A single bar or pipe supported on brackets from a wall
or partition, as on a stairway or ramp, to furnish persons with a
handhold in case of tripping.
(4) Platform. A working space for persons, elevated above the
surrounding floor or ground; such as a balcony or platform for the
operation of machinery and equipment.
(5) Runway. A passageway for persons, elevated above the surrounding
floor or ground level, such as a footwalk along shafting or a walkway
between buildings.
(6) Standard railing. A vertical barrier erected along exposed edges
of a floor opening, wall opening, ramp, platform, or runway to prevent
falls of persons.
(7) Standard strength and construction. Any construction of
railings, covers, or other guards that meets the requirements of Sec.
1910.23.
[[Page 125]]
(8) Stair railing. A vertical barrier erected along exposed sides of
a stairway to prevent falls of persons.
(9) Toeboard. A vertical barrier at floor level erected along
exposed edges of a floor opening, wall opening, platform, runway, or
ramp to prevent falls of materials.
(10) Wall hole. An opening less than 30 inches but more than 1 inch
high, of unrestricted width, in any wall or partition; such as a
ventilation hole or drainage scupper.
(11) Wall opening. An opening at least 30 inches high and 18 inches
wide, in any wall or partition, through which persons may fall; such as
a yard-arm doorway or chute opening.
(b) As used in Sec. 1910.24, unless the context requires otherwise,
fixed industrial stair terms shall have the meaning ascribed in this
paragraph.
(1) Handrail. A single bar or pipe supported on brackets from a wall
or partition to provide a continuous handhold for persons using a stair.
(2) Nose, nosing. That portion of a tread projecting beyond the face
of the riser immediately below.
(3) Open riser. The air space between the treads of stairways
without upright members (risers).
(4) Platform. An extended step or landing breaking a continuous run
of stairs.
(5) Railing. A vertical barrier erected along exposed sides of
stairways and platforms to prevent falls of persons. The top member of
railing usually serves as a handrail.
(6) Rise. The vertical distance from the top of a tread to the top
of the next higher tread.
(7) Riser. The upright member of a step situated at the back of a
lower tread and near the leading edge of the next higher tread.
(8) Stairs, stairway. A series of steps leading from one level or
floor to another, or leading to platforms, pits, boiler rooms,
crossovers, or around machinery, tanks, and other equipment that are
used more or less continuously or routinely by employees, or only
occasionally by specific individuals. A series of steps and landings
having three or more risers constitutes stairs or stairway.
(9) Tread. The horizontal member of a step.
(10) Tread run. The horizontal distance from the leading edge of a
tread to the leading edge of an adjacent tread.
(11) Tread width. The horizontal distance from front to back of
tread including nosing when used.
(c) As used in Sec. 1910.25, unless the context requires otherwise,
portable wood ladders terms shall have the meanings ascribed in this
paragraph.
(1) Ladders. A ladder is an appliance usually consisting of two side
rails joined at regular intervals by cross- pieces called steps, rungs,
or cleats, on which a person may step in ascending or descending.
(2) Stepladder. A stepladder is a selfsupporting portable ladder,
nonadjustable in length, having flat steps and a hinged back. Its size
is designated by the overall length of the ladder measured along the
front edge of the side rails.
(3) Single ladder. A single ladder is a non-self-supporting portable
ladder, nonadjustable in length, consisting of but one section. Its size
is designated by the overall length of the side rail.
(4) Extension ladder. An extension ladder is a non-self-supporting
portable ladder adjustable in length. It consists of two or more
sections traveling in guides or brackets so arranged as to permit length
adjustment. Its size is designated by the sum of the lengths of the
sections measured along the side rails.
(5) Sectional ladder. A sectional ladder is a non-self-supporting
portable ladder, nonadjustable in length, consisting of two or more
sections of ladder so constructed that the sections may be combined to
function as a single ladder. Its size is designated by the overall
length of the assembled sections.
(6) Trestle ladder. A trestle ladder is a self-supporting portable
ladder, nonadjustable in length, consisting of two sections hinged at
the top to form equal angles with the base. The size is designated by
the length of the side rails measured along the front edge.
(7) Extension trestle ladder. An extension trestle ladder is a self-
supporting portable ladder, adjustable in length, consisting of a
trestle ladder base and
[[Page 126]]
a vertically adjustable single ladder, with suitable means for locking
the ladders together. The size is designated by the length of the
trestle ladder base.
(8) Special-purpose ladder. A special-purpose ladder is a portable
ladder which represents either a modification or a combination of design
or construction features in one of the general-purpose types of ladders
previously defined, in order to adapt the ladder to special or specific
uses.
(9) Trolley ladder. A trolley ladder is a semifixed ladder,
nonadjustable in length, supported by attachments to an overhead track,
the plane of the ladder being at right angles to the plane of motion.
(10) Side-rolling ladder. A side-rolling ladder is a semifixed
ladder, nonadjustable in length, supported by attachments to a guide
rail, which is generally fastened to shelving, the plane of the ladder
being also its plane of motion.
(11) Wood characteristics. Wood characteristics are distinguishing
features which by their extent and number determine the quality of a
piece of wood.
(12) Wood irregularities. Wood irregularities are natural
characteristics in or on wood that may lower its durability, strength,
or utility.
(13) Cross grain. Cross grain (slope of grain) is a deviation of the
fiber direction from a line parallel to the sides of the piece.
(14) Knot. A knot is a branch or limb, imbedded in the tree and cut
through in the process of lumber manufacture, classified according to
size, quality, and occurrence. The size of the knot is determined as the
average diameter on the surface of the piece.
(15) Pitch and bark pockets. A pitch pocket is an opening extending
parallel to the annual growth rings containing, or that has contained,
pitch, either solid or liquid. A bark pocket is an opening between
annual growth rings that contains bark.
(16) Shake. A shake is a separation along the grain, most of which
occurs between the rings of annual growth.
(17) Check. A check is a lengthwise separation of the wood, most of
which occurs across the rings of annual growth.
(18) Wane. Wane is bark, or the lack of wood from any cause, on the
corner of a piece.
(19) Decay. Decay is disintegration of wood substance due to action
of wood-destroying fungi. It is also known as dote and rot.
(20) Compression failure. A compression failure is a deformation
(buckling) of the fibers due to excessive compression along the grain.
(21) Compression wood. Compression wood is an aberrant (abnormal)
and highly variable type of wood structure occurring in softwood
species. The wood commonly has density somewhat higher than does normal
wood, but somewhat lower stiffness and tensile strength for its weight
in addition to high longitudinal shrinkage.
(22) Low density. Low-density wood is that which is exceptionally
light in weight and usually deficient in strength properties for the
species.
(d) As used in Sec. 1910.26, unless the context requires otherwise,
portable metal ladder terms shall have the meanings ascribed in this
paragraph.
(1) Ladder. A ladder is an appliance usually consisting of two side
rails joined at regular intervals by cross- pieces called steps, rungs,
or cleats, on which a person may step in ascending or descending.
(2) Step ladder. A step ladder is a self-supporting portable ladder,
nonadjustable in length, having flat steps and a hinged back. Its size
is designated by the overall length of the ladder measured along the
front edge of the side rails.
(3) Single ladder. A single ladder is a non-self-supporting portable
ladder, nonadjustable in length, consisting of but one section. Its size
is designated by the overall length of the side rail.
(4) Extension ladder. An extension ladder is a non-self-supporting
portable ladder adjustable in length. It consists of two or more
sections traveling in guides or brackets so arranged as to permit length
adjustment. Its size is designated by the sum of the lengths of the
sections measured along the side rails.
(5) Platform ladder. A self-supporting ladder of fixed size with a
platform provided at the working level. The size is determined by the
distance along the
[[Page 127]]
front rail from the platform to the base of the ladder.
(6) Sectional ladder. A sectional ladder is a non-self-supporting
portable ladder, non-adjustable in length, consisting of two or more
sections so constructed that the sections may be combined to function as
a single ladder. Its size is designated by the overall length of the
assembled sections.
(7) Trestle ladder. A trestle ladder is a self-supporting portable
ladder, non-adjustable in length, consisting of two sections, hinged at
the top to form equal angles with the base. The size is designated by
the length of the side rails measured along the front edge.
(8) Extension trestle ladder. An extension trestle ladder is a self-
supporting portable ladder, adjustable in length, consisting of a
trestle ladder base and a vertically adjustable single ladder, with
suitable means for locking the ladders together. The size is designated
by the length of the trestle ladder base.
(9) Special-purpose ladder. A special-purpose ladder is a portable
ladder which represents either a modification or a combination of design
or construction features in one of the general-purpose types of ladders
previously defined, in order to adapt the ladder to special or specific
uses.
(e) As used in Sec. 1910.27, unless the context requires otherwise,
fixed ladder terms shall have the meanings ascribed in this paragraph.
(1) Ladder. A ladder is an appliance usually consisting of two side
rails joined at regular intervals by cross- pieces called steps, rungs,
or cleats, on which a person may step in ascending or descending.
(2) Fixed ladder. A fixed ladder is a ladder permanently attached to
a structure, building, or equipment.
(3) Individual-rung ladder. An individual-rung ladder is a fixed
ladder each rung of which is individually attached to a structure,
building, or equipment.
(4) Rail ladder. A rail ladder is a fixed ladder consisting of side
rails joined at regular intervals by rungs or cleats and fastened in
full length or in sections to a building, structure, or equipment.
(5) Railings. A railing is any one or a combination of those
railings constructed in accordance with Sec. 1910.23. A standard
railing is a vertical barrier erected along exposed edges of floor
openings, wall openings, ramps, platforms, and runways to prevent falls
of persons.
(6) Pitch. Pitch is the included angle between the horizontal and
the ladder, measured on the opposite side of the ladder from the
climbing side.
(7) Fastenings. A fastening is a device to attach a ladder to a
structure, building, or equipment.
(8) Rungs. Rungs are ladder cross- pieces of circular or oval cross-
section on which a person may step in ascending or descending.
(9) Cleats. Cleats are ladder cross- pieces of rectangular cross-
section placed on edge on which a person may step in ascending or
descending.
(10) Steps. Steps are the flat cross- pieces of a ladder on which a
person may step in ascending or descending.
(11) Cage. A cage is a guard that may be referred to as a cage or
basket guard which is an enclosure that is fastened to the side rails of
the fixed ladder or to the structure to encircle the climbing space of
the ladder for the safety of the person who must climb the ladder.
(12) Well. A well is a permanent complete enclosure around a fixed
ladder, which is attached to the walls of the well. Proper clearances
for a well will give the person who must climb the ladder the same
protection as a cage.
(13) Ladder safety device. A ladder safety device is any device,
other than a cage or well, designed to eliminate or reduce the
possibility of accidental falls and which may incorporate such features
as life belts, friction brakes, and sliding attachments.
(14) Grab bars. Grab bars are individual handholds placed adjacent
to or as an extension above ladders for the purpose of providing access
beyond the limits of the ladder.
(15) Through ladder. A through ladder is one from which a man
getting off at the top must step through the ladder in order to reach
the landing.
(16) Side-step ladder. A side-step ladder is one from which a man
getting off at the top must step sideways from the ladder in order to
reach the landing.
(f) As used in Sec. 1910.28, unless the context requires otherwise,
scaffolding
[[Page 128]]
terms shall have the meaning ascribed in this paragraph.
(1) Bearer. A horizontal member of a scaffold upon which the
platform rests and which may be supported by ledgers.
(2) Boatswain's chair. A seat supported by slings attached to a
suspended rope, designed to accommodate one workman in a sitting
position.
(3) Brace. A tie that holds one scaffold member in a fixed position
with respect to another member.
(4) Bricklayers' square scaffold. A scaffold composed of framed wood
squares which support a platform limited to light and medium duty.
(5) Carpenters' bracket scaffold. A scaffold consisting of wood or
metal brackets supporting a platform.
(6) Coupler. A device for locking together the component parts of a
tubular metal scaffold. The material used for the couplers shall be of a
structural type, such as a drop-forged steel, malleable iron, or
structural grade aluminum. The use of gray cast iron is prohibited.
(7) Crawling board or chicken ladder. A plank with cleats spaced and
secured at equal intervals, for use by a worker on roofs, not designed
to carry any material.
(8) Double pole or independent pole scaffold. A scaffold supported
from the base by a double row of uprights, independent of support from
the walls and constructed of uprights, ledgers, horizontal platform
bearers, and diagonal bracing.
(9) Float or ship scaffold. A scaffold hung from overhead supports
by means of ropes and consisting of a substantial platform having
diagonal bracing underneath, resting upon and securely fastened to two
parallel plank bearers at right angles to the span.
(10) Guardrail. A rail secured to uprights and erected along the
exposed sides and ends of platforms.
(11) Heavy duty scaffold. A scaffold designed and constructed to
carry a working load not to exceed 75 pounds per square foot.
(12) Horse scaffold. A scaffold for light or medium duty, composed
of horses supporting a work platform.
(13) Interior hung scaffold. A scaffold suspended from the ceiling
or roof structure.
(14) Ladder jack scaffold. A light duty scaffold supported by
brackets attached to ladders.
(15) Ledger (stringer). A horizontal scaffold member which extends
from post to post and which supports the putlogs or bearer forming a tie
between the posts.
(16) Light duty scaffold. A scaffold designed and constructed to
carry a working load not to exceed 25 pounds per square foot.
(17) Manually propelled mobile scaffold. A portable rolling scaffold
supported by casters.
(18) Masons' adjustable multiple-point suspension scaffold. A
scaffold having a continuous platform supported by bearers suspended by
wire rope from overhead supports, so arranged and operated as to permit
the raising or lowering of the platform to desired working positions.
(19) Maximum intended load. The total of all loads including the
working load, the weight of the scaffold, and such other loads as may be
reasonably anticipated.
(20) Medium duty scaffold. A scaffold designed and constructed to
carry a working load not to exceed 50 pounds per square foot.
(21) Mid-rail. A rail approximately midway between the guardrail and
platform, used when required, and secured to the uprights erected along
the exposed sides and ends of platforms.
(22) Needle beam scaffold. A light duty scaffold consisting of
needle beams supporting a platform.
(23) Outrigger scaffold. A scaffold supported by outriggers or
thrustouts projecting beyond the wall or face of the building or
structure, the inboard ends of which are secured inside of such a
building or structure.
(24) Putlog. A scaffold member upon which the platform rests.
(25) Roofing bracket. A bracket used in sloped roof construction,
having provisions for fastening to the roof or supported by ropes
fastened over the ridge and secured to some suitable object.
(26) Runner. The lengthwise horizontal bracing or bearing members or
both.
[[Page 129]]
(27) Scaffold. Any temporary elevated platform and its supporting
structure used for supporting workmen or materials or both.
(28) Single-point adjustable suspension scaffold. A manually or
power-operated unit designed for light duty use, supported by a single
wire rope from an overhead support so arranged and operated as to permit
the raising or lowering of the platform to desired working positions.
(29) Single pole scaffold. Platforms resting on putlogs or
crossbeams, the outside ends of which are supported on ledgers secured
to a single row of posts or uprights and the inner ends of which are
supported on or in a wall.
(30) Stone setters' adjustable multiple-point suspension scaffold. A
swinging-type scaffold having a platform supported by hangers suspended
at four points so as to permit the raising or lowering of the platform
to the desired working position by the use of hoisting machines.
(31) Toeboard. A barrier secured along the sides and ends of a
platform, to guard against the falling of material.
(32) Tube and coupler scaffold. An assembly consisting of tubing
which serves as posts, bearers, braces, ties, and runners, a base
supporting the posts, and special couplers which serve to connect the
uprights and to join the various members.
(33) Tubular welded frame scaffold. A sectional, panel, or frame
metal scaffold substantially built up of prefabricated welded sections
which consist of posts and horizontal bearer with intermediate members.
Panels or frames shall be braced with diagonal or cross braces.
(34) Two-point suspension scaffold (swinging scaffold). A scaffold,
the platform of which is supported by hangers (stirrups) at two points,
suspended from overhead supports so as to permit the raising or lowering
of the platform to the desired working position by tackle or hoisting
machines.
(35) Window jack scaffold. A scaffold, the platform of which is
supported by a bracket or jack which projects through a window opening.
(36) Working load. Load imposed by men, materials, and equipment.
(g) As used in Sec. 1910.29, unless the context requires otherwise,
manually propelled mobile ladder stand and scaffold (tower) terms shall
have the meaning ascribed in this paragraph.
(1) Bearer. A horizontal member of a scaffold upon which the
platform rests and which may be supported by ledgers.
(2) Brace. A tie that holds one scaffold member in a fixed position
with respect to another member.
(3) Climbing ladder. A separate ladder with equally spaced rungs
usually attached to the scaffold structure for climbing and descending.
(4) Coupler. A device for locking together the components of a
tubular metal scaffold which shall be designed and used to safely
support the maximum intended loads.
(5) Design working load. The maximum intended load, being the total
of all loads including the weight of the men, materials, equipment, and
platform.
(6) Equivalent. Alternative design or features, which will provide
an equal degree or factor of safety.
(7) Guardrail. A barrier secured to uprights and erected along the
exposed sides and ends of platforms to prevent falls of persons.
(8) Handrail. A rail connected to a ladder stand running parallel to
the slope and/or top step.
(9) Ladder stand. A mobile fixed size self-supporting ladder
consisting of a wide flat tread ladder in the form of stairs. The
assembly may include handrails.
(10) Ledger (stringer). A horizontal scaffold member which extends
from post to post and which supports the bearer forming a tie between
the posts.
(11) Mobile scaffold (tower). A light, medium, or heavy duty
scaffold mounted on casters or wheels.
(12) Mobile. ``Manually propelled.''
(13) Mobile work platform. Generally a fixed work level one frame
high on casters or wheels, with bracing diagonally from platform to
vertical frame.
(14) Runner. The lengthwise horizontal bracing and/or bearing
members.
(15) Scaffold. Any temporary elevated platform and its necessary
vertical, diagonal, and horizontal members used
[[Page 130]]
for supporting workmen and materials. (Also known as a scaffold tower.)
(16) Toeboard. A barrier at platform level erected along the exposed
sides and ends of a scaffold platform to prevent falls of materials.
(17) Tube and coupler scaffold. An assembly consisting of tubing
which serves as posts, bearers, braces, ties, and runners, a base
supporting the posts, and uprights, and serves to join the various
members, usually used in fixed locations.
(18) Tubular welded frame scaffold. A sectional, panel, or frame
metal scaffold substantially built up of prefabricated welded sections,
which consist of posts and bearers with intermediate connecting members
and braced with diagonal or cross braces.
(19) Tubular welded sectional folding scaffold. A sectional, folding
metal scaffold either of ladder frame or inside stairway design,
substantially built of prefabricated welded sections, which consist of
end frames, platform frame, inside inclined stairway frame and braces,
or hinged connected diagonal and horizontal braces, capable of being
folded into a flat package when the scaffold is not in use.
(20) Work level. The elevated platform, used for supporting workmen
and their materials, comprising the necessary vertical, horizontal, and
diagonal braces, guardrails, and ladder for access to the work platform.
Sec. 1910.22 General requirements.
This section applies to all permanent places of employment, except
where domestic, mining, or agricultural work only is performed. Measures
for the control of toxic materials are considered to be outside the
scope of this section.
(a) Housekeeping. (1) All places of employment, passageways,
storerooms, and service rooms shall be kept clean and orderly and in a
sanitary condition.
(2) The floor of every workroom shall be maintained in a clean and,
so far as possible, a dry condition. Where wet processes are used,
drainage shall be maintained, and false floors, platforms, mats, or
other dry standing places should be provided where practicable.
(3) To facilitate cleaning, every floor, working place, and
passageway shall be kept free from protruding nails, splinters, holes,
or loose boards.
(b) Aisles and passageways. (1) Where mechanical handling equipment
is used, sufficient safe clearances shall be allowed for aisles, at
loading docks, through doorways and wherever turns or passage must be
made. Aisles and passageways shall be kept clear and in good repairs,
with no obstruction across or in aisles that could create a hazard.
(2) Permanent aisles and passageways shall be appropriately marked.
(c) Covers and guardrails. Covers and/or guardrails shall be
provided to protect personnel from the hazards of open pits, tanks,
vats, ditches, etc.
(d) Floor loading protection. (1) In every building or other
structure, or part thereof, used for mercantile, business, industrial,
or storage purposes, the loads approved by the building official shall
be marked on plates of approved design which shall be supplied and
securely affixed by the owner of the building, or his duly authorized
agent, in a conspicuous place in each space to which they relate. Such
plates shall not be removed or defaced but, if lost, removed, or
defaced, shall be replaced by the owner or his agent.
(2) It shall be unlawful to place, or cause, or permit to be placed,
on any floor or roof of a building or other structure a load greater
than that for which such floor or roof is approved by the building
official.
Sec. 1910.23 Guarding floor and wall openings and holes.
(a) Protection for floor openings. (1) Every stairway floor opening
shall be guarded by a standard railing constructed in accordance with
paragraph (e) of this section. The railing shall be provided on all
exposed sides (except at entrance to stairway). For infrequently used
stairways where traffic across the opening prevents the use of fixed
standard railing (as when located in aisle spaces, etc.), the guard
shall consist of a hinged floor opening cover of standard strength and
construction and removable standard railings on all exposed sides
(except at entrance to stairway).
[[Page 131]]
(2) Every ladderway floor opening or platform shall be guarded by a
standard railing with standard toeboard on all exposed sides (except at
entrance to opening), with the passage through the railing either
provided with a swinging gate or so offset that a person cannot walk
directly into the opening.
(3) Every hatchway and chute floor opening shall be guarded by one
of the following:
(i) Hinged floor opening cover of standard strength and construction
equipped with standard railings or permanently attached thereto so as to
leave only one exposed side. When the opening is not in use, the cover
shall be closed or the exposed side shall be guarded at both top and
intermediate positions by removable standard railings.
(ii) A removable railing with toeboard on not more than two sides of
the opening and fixed standard railings with toeboards on all other
exposed sides. The removable railings shall be kept in place when the
opening is not in use.
Where operating conditions necessitate the feeding of material into any
hatchway or chute opening, protection shall be provided to prevent a
person from falling through the opening.
(4) Every skylight floor opening and hole shall be guarded by a
standard skylight screen or a fixed standard railing on all exposed
sides.
(5) Every pit and trapdoor floor opening, infrequently used, shall
be guarded by a floor opening cover of standard strength and
construction. While the cover is not in place, the pit or trap opening
shall be constantly attended by someone or shall be protected on all
exposed sides by removable standard railings.
(6) Every manhole floor opening shall be guarded by a standard
manhole cover which need not be hinged in place. While the cover is not
in place, the manhole opening shall be constantly attended by someone or
shall be protected by removable standard railings.
(7) Every temporary floor opening shall have standard railings, or
shall be constantly attended by someone.
(8) Every floor hole into which persons can accidentally walk shall
be guarded by either:
(i) A standard railing with standard toeboard on all exposed sides,
or
(ii) A floor hole cover of standard strength and construction. While
the cover is not in place, the floor hole shall be constantly attended
by someone or shall be protected by a removable standard railing.
(9) Every floor hole into which persons cannot accidentally walk (on
account of fixed machinery, equipment, or walls) shall be protected by a
cover that leaves no openings more than 1 inch wide. The cover shall be
securely held in place to prevent tools or materials from falling
through.
(10) Where doors or gates open directly on a stairway, a platform
shall be provided, and the swing of the door shall not reduce the
effective width to less than 20 inches.
(b) Protection for wall openings and holes. (1) Every wall opening
from which there is a drop of more than 4 feet shall be guarded by one
of the following:
(i) Rail, roller, picket fence, half door, or equivalent barrier.
Where there is exposure below to falling materials, a removable toe
board or the equivalent shall also be provided. When the opening is not
in use for handling materials, the guard shall be kept in position
regardless of a door on the opening. In addition, a grab handle shall be
provided on each side of the opening with its center approximately 4
feet above floor level and of standard strength and mounting.
(ii) Extension platform onto which materials can be hoisted for
handling, and which shall have side rails or equivalent guards of
standard specifications.
(2) Every chute wall opening from which there is a drop of more than
4 feet shall be guarded by one or more of the barriers specified in
paragraph (b)(1) of this section or as required by the conditions.
(3) Every window wall opening at a stairway landing, floor,
platform, or balcony, from which there is a drop of more than 4 feet,
and where the bottom of the opening is less than 3 feet above
[[Page 132]]
the platform or landing, shall be guarded by standard slats, standard
grill work (as specified in paragraph (e)(11) of this section), or
standard railing. Where the window opening is below the landing, or
platform, a standard toe board shall be provided.
(4) Every temporary wall opening shall have adequate guards but
these need not be of standard construction.
(5) Where there is a hazard of materials falling through a wall
hole, and the lower edge of the near side of the hole is less than 4
inches above the floor, and the far side of the hole more than 5 feet
above the next lower level, the hole shall be protected by a standard
toeboard, or an enclosing screen either of solid construction, or as
specified in paragraph (e)(11) of this section.
(c) Protection of open-sided floors, platforms, and runways. (1)
Every open-sided floor or platform 4 feet or more above adjacent floor
or ground level shall be guarded by a standard railing (or the
equivalent as specified in paragraph (e)(3) of this section) on all open
sides except where there is entrance to a ramp, stairway, or fixed
ladder. The railing shall be provided with a toeboard wherever, beneath
the open sides,
(i) Persons can pass,
(ii) There is moving machinery, or
(iii) There is equipment with which falling materials could create a
hazard.
(2) Every runway shall be guarded by a standard railing (or the
equivalent as specified in paragraph (e)(3) of this section) on all open
sides 4 feet or more above floor or ground level. Wherever tools,
machine parts, or materials are likely to be used on the runway, a
toeboard shall also be provided on each exposed side. Runways used
exclusively for special purposes (such as oiling, shafting, or filling
tank cars) may have the railing on one side omitted where operating
conditions necessitate such omission, providing the falling hazard is
minimized by using a runway of not less than 18 inches wide. Where
persons entering upon runways become thereby exposed to machinery,
electrical equipment, or other danger not a falling hazard, additional
guarding than is here specified may be essential for protection.
(3) Regardless of height, open-sided floors, walkways, platforms, or
runways above or adjacent to dangerous equipment, pickling or
galvanizing tanks, degreasing units, and similar hazards shall be
guarded with a standard railing and toe board.
(d) Stairway railings and guards. (1) Every flight of stairs having
four or more risers shall be equipped with standard stair railings or
standard handrails as specified in paragraphs (d)(1) (i) through (v) of
this section, the width of the stair to be measured clear of all
obstructions except handrails:
(i) On stairways less than 44 inches wide having both sides
enclosed, at least one handrail, preferably on the right side
descending.
(ii) On stairways less than 44 inches wide having one side open, at
least one stair railing on open side.
(iii) On stairways less than 44 inches wide having both sides open,
one stair railing on each side.
(iv) On stairways more than 44 inches wide but less than 88 inches
wide, one handrail on each enclosed side and one stair railing on each
open side.
(v) On stairways 88 or more inches wide, one handrail on each
enclosed side, one stair railing on each open side, and one intermediate
stair railing located approximately midway of the width.
(2) Winding stairs shall be equipped with a handrail offset to
prevent walking on all portions of the treads having width less than 6
inches.
(e) Railing, toe boards, and cover specifications. (1) A standard
railing shall consist of top rail, intermediate rail, and posts, and
shall have a vertical height of 42 inches nominal from upper surface of
top rail to floor, platform, runway, or ramp level. The top rail shall
be smooth-surfaced throughout the length of the railing. The
intermediate rail shall be approximately halfway between the top rail
and the floor, platform, runway, or ramp. The ends of the rails shall
not overhang the terminal posts except where such overhang does not
constitute a projection hazard.
(2) A stair railing shall be of construction similar to a standard
railing but the vertical height shall be not more than 34 inches nor
less than 30
[[Page 133]]
inches from upper surface of top rail to surface of tread in line with
face of riser at forward edge of tread.
(3) [Reserved]
(i) For wood railings, the posts shall be of at least 2-inch by 4-
inch stock spaced not to exceed 6 feet; the top and intermediate rails
shall be of at least 2-inch by 4-inch stock. If top rail is made of two
right-angle pieces of 1-inch by 4-inch stock, posts may be spaced on 8-
foot centers, with 2-inch by 4-inch intermediate rail.
(ii) For pipe railings, posts and top and intermediate railings
shall be at least 1\1/2\ inches nominal diameter with posts spaced not
more than 8 feet on centers.
(iii) For structural steel railings, posts and top and intermediate
rails shall be of 2-inch by 2-inch by \3/8\-inch angles or other metal
shapes of equivalent bending strength with posts spaced not more than 8
feet on centers.
(iv) The anchoring of posts and framing of members for railings of
all types shall be of such construction that the completed structure
shall be capable of withstanding a load of at least 200 pounds applied
in any direction at any point on the top rail.
(v) Other types, sizes, and arrangements of railing construction are
acceptable provided they meet the following conditions:
(a) A smooth-surfaced top rail at a height above floor, platform,
runway, or ramp level of 42 inches nominal;
(b) A strength to withstand at least the minimum requirement of 200
pounds top rail pressure;
(c) Protection between top rail and floor, platform, runway, ramp,
or stair treads, equivalent at least to that afforded by a standard
intermediate rail;
(4) A standard toeboard shall be 4 inches nominal in vertical height
from its top edge to the level of the floor, platform, runway, or ramp.
It shall be securely fastened in place and with not more than \1/4\-inch
clearance above floor level. It may be made of any substantial material
either solid or with openings not over 1 inch in greatest dimension.
Where material is piled to such height that a standard toeboard does not
provide protection, paneling from floor to intermediate rail, or to top
rail shall be provided.
(5)(i) A handrail shall consist of a lengthwise member mounted
directly on a wall or partition by means of brackets attached to the
lower side of the handrail so as to offer no obstruction to a smooth
surface along the top and both sides of the handrail. The handrail shall
be of rounded or other section that will furnish an adequate handhold
for anyone grasping it to avoid falling. The ends of the handrail should
be turned in to the supporting wall or otherwise arranged so as not to
constitute a projection hazard.
(ii) The height of handrails shall be not more than 34 inches nor
less than 30 inches from upper surface of handrail to surface of tread
in line with face of riser or to surface of ramp.
(iii) The size of handrails shall be: When of hardwood, at least 2
inches in diameter; when of metal pipe, at least 1\1/2\ inches in
diameter. The length of brackets shall be such as will give a clearance
between handrail and wall or any projection thereon of at least 3
inches. The spacing of brackets shall not exceed 8 feet.
(iv) The mounting of handrails shall be such that the completed
structure is capable of withstanding a load of at least 200 pounds
applied in any direction at any point on the rail.
(6) All handrails and railings shall be provided with a clearance of
not less than 3 inches between the handrail or railing and any other
object.
(7) Floor opening covers may be of any material that meets the
following strength requirements:
(i) Trench or conduit covers and their supports, when located in
plant roadways, shall be designed to carry a truck rear-axle load of at
least 20,000 pounds.
(ii) Manhole covers and their supports, when located in plant
roadways, shall comply with local standard highway requirements if any;
otherwise, they shall be designed to carry a truck rear-axle load of at
least 20,000 pounds.
(iii) The construction of floor opening covers may be of any
material that meets the strength requirements. Covers projecting not
more than 1 inch above the floor level may be used providing all edges
are chamfered to an angle with the horizontal of not over 30 degrees.
All hinges, handles, bolts, or
[[Page 134]]
other parts shall set flush with the floor or cover surface.
(8) Skylight screens shall be of such construction and mounting that
they are capable of withstanding a load of at least 200 pounds applied
perpendicularly at any one area on the screen. They shall also be of
such construction and mounting that under ordinary loads or impacts,
they will not deflect downward sufficiently to break the glass below
them. The construction shall be of grillwork with openings not more than
4 inches long or of slatwork with openings not more than 2 inches wide
with length unrestricted.
(9) Wall opening barriers (rails, rollers, picket fences, and half
doors) shall be of such construction and mounting that, when in place at
the opening, the barrier is capable of withstanding a load of at least
200 pounds applied in any direction (except upward) at any point on the
top rail or corresponding member.
(10) Wall opening grab handles shall be not less than 12 inches in
length and shall be so mounted as to give 3 inches clearance from the
side framing of the wall opening. The size, material, and anchoring of
the grab handle shall be such that the completed structure is capable of
withstanding a load of at least 200 pounds applied in any direction at
any point of the handle.
(11) Wall opening screens shall be of such construction and mounting
that they are capable of withstanding a load of at least 200 pounds
applied horizontally at any point on the near side of the screen. They
may be of solid construction, of grillwork with openings not more than 8
inches long, or of slatwork with openings not more than 4 inches wide
with length unrestricted.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49744, Oct. 24, 1978;
49 FR 5321, Feb. 10, 1984]
Sec. 1910.24 Fixed industrial stairs.
(a) Application of requirements. This section contains
specifications for the safe design and construction of fixed general
industrial stairs. This classification includes interior and exterior
stairs around machinery, tanks, and other equipment, and stairs leading
to or from floors, platforms, or pits. This section does not apply to
stairs used for fire exit purposes, to construction operations to
private residences, or to articulated stairs, such as may be installed
on floating roof tanks or on dock facilities, the angle of which changes
with the rise and fall of the base support.
(b) Where fixed stairs are required. Fixed stairs shall be provided
for access from one structure level to another where operations
necessitate regular travel between levels, and for access to operating
platforms at any equipment which requires attention routinely during
operations. Fixed stairs shall also be provided where access to
elevations is daily or at each shift for such purposes as gauging,
inspection, regular maintenance, etc., where such work may expose
employees to acids, caustics, gases, or other harmful substances, or for
which purposes the carrying of tools or equipment by hand is normally
required. (It is not the intent of this section to preclude the use of
fixed ladders for access to elevated tanks, towers, and similar
structures, overhead traveling cranes, etc., where the use of fixed
ladders is common practice.) Spiral stairways shall not be permitted
except for special limited usage and secondary access situations where
it is not practical to provide a conventional stairway. Winding
stairways may be installed on tanks and similar round structures where
the diameter of the structure is not less than five (5) feet.
(c) Stair strength. Fixed stairways shall be designed and
constructed to carry a load of five times the normal live load
anticipated but never of less strength than to carry safely a moving
concentrated load of 1,000 pounds.
(d) Stair width. Fixed stairways shall have a minimum width of 22
inches.
(e) Angle of stairway rise. Fixed stairs shall be installed at
angles to the horizontal of between 30[deg] and 50[deg]. Any uniform
combination of rise/tread dimensions may be used that will result in a
stairway at an angle to the horizontal within the permissible range.
Table D-1 gives rise/tread dimensions which will produce a stairway
within the permissible range, stating the angle to the
[[Page 135]]
horizontal produced by each combination. However, the rise/tread
combinations are not limited to those given in Table D-1.
Table D-1
------------------------------------------------------------------------
Tread
Angle to horizontal Rise (in run (in
inches) inches)
------------------------------------------------------------------------
30[deg]35[min]...................................... 6\1/2\ 11
32[deg]08[min]...................................... 6\3/4\ 10\3/4\
33[deg]41[min]...................................... 7 10\1/2\
35[deg]16[min]...................................... 7\1/4\ 10\1/4\
36[deg]52[min]...................................... 7\1/2\ 10
38[deg]29[min]...................................... 7\3/4\ 9\3/4\
40[deg]08[min]...................................... 8 9\1/2\
41[deg]44[min]...................................... 8\1/4\ 9\1/4\
43[deg]22[min]...................................... 8\1/2\ 9
45[deg]00[min]...................................... 8\3/4\ 8\3/4\
46[deg]38[min]...................................... 9 8\1/2\
48[deg]16[min]...................................... 9\1/4\ 8\1/4\
49[deg]54[min]...................................... 9\1/2\ 8
------------------------------------------------------------------------
(f) Stair treads. All treads shall be reasonably slip-resistant and
the nosings shall be of nonslip finish. Welded bar grating treads
without nosings are acceptable providing the leading edge can be readily
identified by personnel descending the stairway and provided the tread
is serrated or is of definite nonslip design. Rise height and tread
width shall be uniform throughout any flight of stairs including any
foundation structure used as one or more treads of the stairs.
(g) Stairway platforms. Stairway platforms shall be no less than the
width of a stairway and a minimum of 30 inches in length measured in the
direction of travel.
(h) Railings and handrails. Standard railings shall be provided on
the open sides of all exposed stairways and stair platforms. Handrails
shall be provided on at least one side of closed stairways preferably on
the right side descending. Stair railings and handrails shall be
installed in accordance with the provisions of Sec. 1910.23.
(i) Vertical clearance. Vertical clearance above any stair tread to
an overhead obstruction shall be at least 7 feet measured from the
leading edge of the tread.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49744, Oct. 24, 1978;
49 FR 5321, Feb. 10, 1984]
Sec. 1910.25 Portable wood ladders.
(a) Application of requirements. This section is intended to
prescribe rules and establish minimum requirements for the construction,
care, and use of the common types of portable wood ladders, in order to
insure safety under normal conditions of usage. Other types of special
ladders, fruitpicker's ladders, combination step and extension ladders,
stockroom step ladders, aisle-way step ladders, shelf ladders, and
library ladders are not specifically covered by this section.
(b) Materials--(1) Requirements applicable to all wood parts. (i)
All wood parts shall be free from sharp edges and splinters; sound and
free from accepted visual inspection from shake, wane, compression
failures, decay, or other irregularities. Low density wood shall not be
used.
(ii) [Reserved]
(2) [Reserved]
(c) Construction requirements. (1) [Reserved]
(2) Portable stepladders. Stepladders longer than 20 feet shall not
be supplied. Stepladders as hereinafter specified shall be of three
types:
Type I--Industrial stepladder, 3 to 20 feet for heavy duty, such as
utilities, contractors, and industrial use.
Type II--Commercial stepladder, 3 to 12 feet for medium duty, such as
painters, offices, and light industrial use.
Type III--Household stepladder, 3 to 6 feet for light duty, such as
light household use.
(i) General requirements. (a) [Reserved]
(b) A uniform step spacing shall be employed which shall be not more
than 12 inches. Steps shall be parallel and level when the ladder is in
position for use.
(c) The minimum width between side rails at the top, inside to
inside, shall be not less than 11\1/2\ inches. From top to bottom, the
side rails shall spread at least 1 inch for each foot of length of
stepladder.
(d)-(e) [Reserved]
(f) A metal spreader or locking device of sufficient size and
strength to securely hold the front and back sections in open positions
shall be a component of each stepladder. The spreader shall have all
sharp points covered or removed to protect the user. For Type III
ladder, the pail shelf and spreader may be combined in one unit (the so-
called shelf-lock ladder).
(3) Portable rung ladders.
[[Page 136]]
(i) [Reserved]
(ii) Single ladder. (a) Single ladders longer than 30 feet shall not
be supplied.
(b) [Reserved]
(iii) Two-section ladder. (a) Two-section extension ladders longer
than 60 feet shall not be supplied. All ladders of this type shall
consist of two sections, one to fit within the side rails of the other,
and arranged in such a manner that the upper section can be raised and
lowered.
(b) [Reserved]
(iv) Sectional ladder. (a) Assembled combinations of sectional
ladders longer than lengths specified in this subdivision shall not be
used.
(b) [Reserved]
(v) Trestle and extension trestle ladder. (a) Trestle ladders, or
extension sections or base sections of extension trestle ladders longer
than 20 feet shall not be supplied.
(b) [Reserved]
(4) Special-purpose ladders.
(i) [Reserved]
(ii) Painter's stepladder. (a) Painter's stepladders longer than 12
feet shall not be supplied.
(b) [Reserved]
(iii) Mason's ladder. A mason's ladder is a special type of single
ladder intended for use in heavy construction work.
(a) Mason's ladders longer than 40 feet shall not be supplied.
(b) [Reserved]
(5) Trolley and side-rolling ladders--(i) Length. Trolley ladders
and side-rolling ladders longer than 20 feet should not be supplied.
(ii) [Reserved]
(d) Care and use of ladders--(1) Care. To insure safety and
serviceability the following precautions on the care of ladders shall be
observed:
(i) Ladders shall be maintained in good condition at all times, the
joint between the steps and side rails shall be tight, all hardware and
fittings securely attached, and the movable parts shall operate freely
without binding or undue play.
(ii) Metal bearings of locks, wheels, pulleys, etc., shall be
frequently lubricated.
(iii) Frayed or badly worn rope shall be replaced.
(iv) Safety feet and other auxiliary equipment shall be kept in good
condition to insure proper performance.
(v)-(ix) [Reserved]
(x) Ladders shall be inspected frequently and those which have
developed defects shall be withdrawn from service for repair or
destruction and tagged or marked as ``Dangerous, Do Not Use.''
(xi) Rungs should be kept free of grease and oil.
(2) Use. The following safety precautions shall be observed in
connection with the use of ladders:
(i) Portable rung and cleat ladders shall, where possible, be used
at such a pitch that the horizontal distance from the top support to the
foot of the ladder is one-quarter of the working length of the ladder
(the length along the ladder between the foot and the top support). The
ladder shall be so placed as to prevent slipping, or it shall be lashed,
or held in position. Ladders shall not be used in a horizontal position
as platforms, runways, or scaffolds;
(ii) Ladders for which dimensions are specified should not be used
by more than one man at a time nor with ladder jacks and scaffold planks
where use by more than one man is anticipated. In such cases, specially
designed ladders with larger dimensions of the parts should be procured;
(iii) Portable ladders shall be so placed that the side rails have a
secure footing. The top rest for portable rung and cleat ladders shall
be reasonably rigid and shall have ample strength to support the applied
load;
(iv) Ladders shall not be placed in front of doors opening toward
the ladder unless the door is blocked upon, locked, or guarded;
(v) Ladders shall not be placed on boxes, barrels, or other unstable
bases to obtain additional height;
(vi)-(vii) [Reserved]
(viii) Ladders with broken or missing steps, rungs, or cleats,
broken side rails, or other faulty equipment shall not be used;
improvised repairs shall not be made;
(ix) Short ladders shall not be spliced together to provide long
sections;
(x) Ladders made by fastening cleats across a single rail shall not
be used;
[[Page 137]]
(xi) Ladders shall not be used as guys, braces, or skids, or for
other than their intended purposes;
(xii) Tops of the ordinary types of stepladders shall not be used as
steps;
(xiii) On two-section extension ladders the minimum overlap for the
two sections in use shall be as follows:
------------------------------------------------------------------------
Overlap
Size of ladder (feet) (feet)
------------------------------------------------------------------------
Up to and including 36...................................... 3
Over 36 up to and including 48.............................. 4
Over 48 up to and including 60.............................. 5
------------------------------------------------------------------------
(xiv) Portable rung ladders with reinforced rails (see paragraphs
(c)(3) (ii)(c) and (iii)(d) this section) shall be used only with the
metal reinforcement on the under side;
(xv) No ladder should be used to gain access to a roof unless the
top of the ladder shall extend at least 3 feet above the point of
support, at eave, gutter, or roofline;
(xvi) [Reserved]
(xvii) Middle and top sections of sectional or window cleaner's
ladders should not be used for bottom section unless the user equips
them with safety shoes;
(xviii) [Reserved]
(xix) The user should equip all portable rung ladders with nonslip
bases when there is a hazard of slipping. Nonslip bases are not intended
as a substitute for care in safely placing, lashing, or holding a ladder
that is being used upon oily, metal, concrete, or slippery surfaces;
(xx) The bracing on the back legs of step ladders is designed solely
for increasing stability and not for climbing.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49744, Oct. 24, 1978;
49 FR 5321, Feb. 10, 1984]
Sec. 1910.26 Portable metal ladders.
(a) Requirements--(1) General. Specific design and construction
requirements are not part of this section because of the wide variety of
metals and design possibilities. However, the design shall be such as to
produce a ladder without structural defects or accident hazards such as
sharp edges, burrs, etc. The metal selected shall be of sufficient
strength to meet the test requirements, and shall be protected against
corrosion unless inherently corrosion-resistant.
(i)-(ii) [Reserved]
(iii) The spacing of rungs or steps shall be on 12-inch centers.
(iv) [Reserved]
(v) Rungs and steps shall be corrugated, knurled, dimpled, coated
with skid-resistant material, or otherwise treated to minimize the
possibility of slipping.
(2) General specifications--straight and extension ladders. (i) The
minimum width between side rails of a straight ladder or any section of
an extension ladder shall be 12 inches.
(ii) The length of single ladders or individual sections of ladders
shall not exceed 30 feet. Two-section ladders shall not exceed 48 feet
in length and over two-section ladders shall not exceed 60 feet in
length.
(iii) Based on the nominal length of the ladder, each section of a
multisection ladder shall overlap the adjacent section by at least the
number of feet stated in the following:
------------------------------------------------------------------------
Overlap
Normal length of ladder (feet) (feet)
------------------------------------------------------------------------
Up to and including 36...................................... 3
Over 36, up to and including 48............................. 4
Over 48, up to 60........................................... 5
------------------------------------------------------------------------
(iv) Extension ladders shall be equipped with positive stops which
will insure the overlap specified in the table above.
(3) General specifications--step ladders.
(i)-(ii) [Reserved]
(iii) The length of a stepladder is measured by the length of the
front rail. To be classified as a standard length ladder, the measured
length shall be within plus or minus one-half inch of the specified
length. Stepladders shall not exceed 20 feet in length.
(iv)-(vi) [Reserved]
(vii) The bottoms of the four rails are to be supplied with
insulating nonslip material for the safety of the user.
(viii) A metal spreader or locking device of sufficient size and
strength to securely hold the front and back sections in the open
position shall be a component of each stepladder. The spreader shall
have all sharp points or edges covered or removed to protect the user.
[[Page 138]]
(4) General specifications--trestles and extension trestle ladders.
(i) Trestle ladders or extension sections or base sections of extension
trestle ladders shall be not more than 20 feet in length.
(ii) [Reserved]
(5) General specifications--platform ladders. (i) The length of a
platform ladder shall not exceed 20 feet. The length of a platform
ladder shall be measured along the front rail from the floor to the
platform.
(ii) [Reserved]
(b) [Reserved]
(c) Care and maintenance of ladders--(1) General. To get maximum
serviceability, safety, and to eliminate unnecessary damage of
equipment, good safe practices in the use and care of ladder equipment
must be employed by the users.
The following rules and regulations are essential to the life of the
equipment and the safety of the user.
(2) Care of ladders.
(i)-(iii) [Reserved]
(iv) Ladders must be maintained in good usable condition at all
times.
(v) [Reserved]
(vi) If a ladder is involved in any of the following, immediate
inspection is necessary:
(a) If ladders tip over, inspect ladder for side rails dents or
bends, or excessively dented rungs; check all rung-to- side-rail
connections; check hardware connections; check rivets for shear.
(b)-(c) [Reserved]
(d) If ladders are exposed to oil and grease, equipment should be
cleaned of oil, grease, or slippery materials. This can easily be done
with a solvent or steam cleaning.
(vii) Ladders having defects are to be marked and taken out of
service until repaired by either maintenance department or the
manufacturer.
(3) Use of ladders. (i). A simple rule for setting up a ladder at
the proper angle is to place the base a distance from the vertical wall
equal to one-fourth the working length of the ladder.
(ii) Portable ladders are designed as a one-man working ladder based
on a 200-pound load.
(iii) The ladder base section must be placed with a secure footing.
(iv) The top of the ladder must be placed with the two rails
supported, unless equipped with a single support attachment.
(v) When ascending or descending, the climber must face the ladder.
(vi) Ladders must not be tied or fastened together to provide longer
sections. They must be equipped with the hardware fittings necessary if
the manufacturer endorses extended uses.
(vii) Ladders should not be used as a brace, skid, guy or gin pole,
gangway, or for other uses than that for which they were intended,
unless specifically recommended for use by the manufacturer.
(viii) See Sec. 1910.333(c) for work practices to be used when work
is performed on or near electric circuits.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49745, Oct. 24, 1978;
49 FR 5321, Feb. 10, 1984; 55 FR 32014, Aug. 6, 1990]
Sec. 1910.27 Fixed ladders.
(a) Design requirements--(1) Design considerations. All ladders,
appurtenances, and fastenings shall be designed to meet the following
load requirements:
(i) The minimum design live load shall be a single concentrated load
of 200 pounds.
(ii) The number and position of additional concentrated live-load
units of 200 pounds each as determined from anticipated usage of the
ladder shall be considered in the design.
(iii) The live loads imposed by persons occupying the ladder shall
be considered to be concentrated at such points as will cause the
maximum stress in the structural member being considered.
(iv) The weight of the ladder and attached appurtenances together
with the live load shall be considered in the design of rails and
fastenings.
(2) Design stresses. Design stresses for wood components of ladders
shall not exceed those specified in Sec. 1910.25. All wood parts of
fixed ladders shall meet the requirements of Sec. 1910.25(b).
For fixed ladders consisting of wood side rails and wood rungs or
cleats, used at a pitch in the range 75 degrees to 90 degrees, and
intended for use by no more than one person per section,
[[Page 139]]
single ladders as described in Sec. 1910.25(c)(3)(ii) are acceptable.
(b) Specific features--(1) Rungs and cleats. (i) All rungs shall
have a minimum diameter of three-fourths inch for metal ladders, except
as covered in paragraph (b)(7)(i) of this section and a minimum diameter
of 1\1/8\ inches for wood ladders.
(ii) The distance between rungs, cleats, and steps shall not exceed
12 inches and shall be uniform throughout the length of the ladder.
(iii) The minimum clear length of rungs or cleats shall be 16
inches.
(iv) Rungs, cleats, and steps shall be free of splinters, sharp
edges, burrs, or projections which may be a hazard.
(v) The rungs of an individual-rung ladder shall be so designed that
the foot cannot slide off the end. A suggested design is shown in figure
D-1.
[GRAPHIC] [TIFF OMITTED] TC27OC91.001
Figure D-1--Suggested Design for Rungs on Individual-rung Ladders.
(2) Side rails. Side rails which might be used as a climbing aid
shall be of such cross sections as to afford adequate gripping surface
without sharp edges, splinters, or burrs.
(3) Fastenings. Fastenings shall be an integral part of fixed ladder
design.
(4) Splices. All splices made by whatever means shall meet design
requirements as noted in paragraph (a) of this section. All splices and
connections shall have smooth transition with original members and with
no sharp or extensive projections.
(5) Electrolytic action. Adequate means shall be employed to protect
dissimilar metals from electrolytic action when such metals are joined.
(6) Welding. All welding shall be in accordance with the ``Code for
Welding in Building Construction'' (AWSD1.0-1966).
(7) Protection from deterioration. (i) Metal ladders and
appurtenances shall be painted or otherwise treated to resist corrosion
and rusting when location demands. Ladders formed by individual metal
rungs imbedded in concrete, which serve as access to pits and to other
areas under floors, are frequently located in an atmosphere that causes
corrosion and rusting. To increase rung life in such atmosphere,
individual metal rungs shall have a minimum diameter of 1 inch or shall
be painted or otherwise treated to resist corrosion and rusting.
(ii) Wood ladders, when used under conditions where decay may occur,
shall be treated with a nonirritating preservative, and the details
shall be such as to prevent or minimize the accumulation of water on
wood parts.
(iii) When different types of materials are used in the construction
of a ladder, the materials used shall be so treated as to have no
deleterious effect one upon the other.
[[Page 140]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.002
Figure D-2--Rail Ladder With Bar Steel Rails and Round Steel Rungs
(c) Clearance--(1) Climbing side. On fixed ladders, the
perpendicular distance from the centerline of the rungs to the nearest
permanent object on the climbing side of the ladder shall be 36 inches
for a pitch of 76 degrees, and 30 inches for a pitch of 90 degrees (fig.
D-2 of this section), with minimum clearances for intermediate pitches
varying between these two limits in proportion to the slope, except as
provided in subparagraphs (3) and (5) of this paragraph.
(2) Ladders without cages or wells. A clear width of at least 15
inches shall be provided each way from the centerline of the ladder in
the climbing space, except when cages or wells are necessary.
(3) Ladders with cages or baskets. Ladders equipped with cage or
basket are excepted from the provisions of subparagraphs (1) and (2) of
this paragraph, but shall conform to the provisions of paragraph
(d)(1)(v) of this section. Fixed ladders in smooth-walled wells are
excepted from the provisions of subparagraph (1) of this paragraph, but
shall conform to the provisions of paragraph (d)(1)(vi) of this section.
(4) Clearance in back of ladder. The distance from the centerline of
rungs, cleats, or steps to the nearest permanent object in back of the
ladder shall be not less than 7 inches, except that when unavoidable
obstructions are encountered, minimum clearances as shown in figure D-3
shall be provided.
Minimum Ladder Clearances
[GRAPHIC] [TIFF OMITTED] TC27OC91.003
Figure D-3--Clearance for Unavoidable Obstruction at Rear of Fixed
Ladder
(5) Clearance in back of grab bar. The distance from the centerline
of the grab bar to the nearest permanent object in back of the grab bars
shall be not less than 4 inches. Grab bars shall not protrude on the
climbing side beyond the rungs of the ladder which they serve.
(6) Step-across distance. The step-across distance from the nearest
edge of ladder to the nearest edge of equipment or structure shall be
not more than 12 inches, or less than 2\1/2\ inches (fig. D-4).
[[Page 141]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.004
Figure D-4--Ladder Far from Wall
(7) Hatch cover. Counterweighted hatch covers shall open a minimum
of 60 degrees from the horizontal. The distance from the centerline of
rungs or cleats to the edge of the hatch opening on the climbing side
shall be not less than 24 inches for offset wells or 30 inches for
straight wells. There shall be not protruding potential hazards within
24 inches of the centerline of rungs or cleats; any such hazards within
30 inches of the centerline of the rungs or cleats shall be fitted with
deflector plates placed at an angle of 60 degrees from the horizontal as
indicated in figure D-5. The relationship of a fixed ladder to an
acceptable counterweighted hatch cover is illustrated in figure D-6.
(d) Special requirements--(1) Cages or wells. (i) Cages or wells
(except on chimney ladders) shall be built, as shown on the applicable
drawings, covered in detail in figures D-7, D-8, and D-9, or of
equivalent construction.
(ii) Cages or wells (except as provided in subparagraph (5) of this
paragraph) conforming to the dimensions shown in figures D-7, D-8, and
D-9 shall be provided on ladders of more than 20 feet to a maximum
unbroken length of 30 feet.
[GRAPHIC] [TIFF OMITTED] TC27OC91.005
Figure D-5--Deflector Plates for Head Hazards
[GRAPHIC] [TIFF OMITTED] TC27OC91.006
Figure D-6--Relationship of Fixed Ladder to a Safe Access Hatch
(iii) Cages shall extend a minimum of 42 inches above the top of
landing, unless other acceptable protection is provided.
(iv) Cages shall extend down the ladder to a point not less than 7
feet nor more than 8 feet above the base of the ladder, with bottom
flared not less than 4 inches, or portion of cage opposite ladder shall
be carried to the base.
(v) Cages shall not extend less than 27 nor more than 28 inches from
the centerline of the rungs of the ladder. Cage shall not be less than
27 inches in width. The inside shall be clear of projections. Vertical
bars shall be located at a maximum spacing of 40 degrees around the
circumference of the cage; this will give a maximum spacing of
approximately 9\1/2\ inches, center to center.
(vi) Ladder wells shall have a clear width of at least 15 inches
measured each way from the centerline of the ladder. Smooth-walled wells
shall be a
[[Page 142]]
minimum of 27 inches from the centerline of rungs to the well wall on
the climbing side of the ladder. Where other obstructions on the
climbing side of the ladder exist, there shall be a minimum of 30 inches
from the centerline of the rungs.
[GRAPHIC] [TIFF OMITTED] TC27OC91.007
Figure D-7--Cages for Ladders More Than 20 Feet High
[GRAPHIC] [TIFF OMITTED] TC27OC91.008
Figure D-8--Clearance Diagram for Fixed Ladder in Well
[[Page 143]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.009
Figure D-9--Cages--Special applications.
(2) Landing platforms. When ladders are used to ascend to heights
exceeding 20 feet (except on chimneys), landing platforms shall be
provided for each 30 feet of height or fraction thereof, except that,
where no cage, well, or ladder safety device is provided, landing
platforms shall be provided for each 20 feet of height or fraction
thereof. Each ladder section shall be offset from adjacent sections.
Where installation conditions (even for a short, unbroken length)
require that adjacent sections be offset, landing platforms shall be
provided at each offset.
(i) Where a man has to step a distance greater than 12 inches from
the centerline of the rung of a ladder to the nearest edge of structure
or equipment, a landing platform shall be provided. The minimum step-
across distance shall be 2\1/2\ inches.
(ii) All landing platforms shall be equipped with standard railings
and toeboards, so arranged as to give safe access to the ladder.
Platforms shall be not less than 24 inches in width and 30 inches in
length.
(iii) One rung of any section of ladder shall be located at the
level of the landing laterally served by the ladder. Where access to the
landing is through the ladder, the same rung spacing as used on the
ladder shall be used from the landing platform to the first rung below
the landing.
(3) Ladder extensions. The side rails of through or side-step ladder
extensions shall extend 3\1/2\ feet above parapets and landings. For
through ladder extensions, the rungs shall be omitted from the extension
and shall have not less than 18 nor more than 24 inches clearance
between rails. For side-step or offset fixed ladder sections, at
landings, the side rails and rungs shall be carried to the next regular
rung beyond or above the 3\1/2\ feet minimum (fig. D-10).
[GRAPHIC] [TIFF OMITTED] TC27OC91.010
Figure D-10--Offset Fixed Ladder Sections
(4) Grab bars. Grab bars shall be spaced by a continuation of the
rung spacing when they are located in the horizontal position. Vertical
grab bars shall have the same spacing as the ladder side rails. Grab-bar
diameters shall be the equivalent of the round-rung diameters.
(5) Ladder safety devices. Ladder safety devices may be used on
tower, water tank, and chimney ladders over 20 feet in unbroken length
in lieu of cage protection. No landing platform is required in these
cases. All ladder safety devices such as those that incorporate
[[Page 144]]
lifebelts, friction brakes, and sliding attachments shall meet the
design requirements of the ladders which they serve.
(e) Pitch--(1) Preferred pitch. The preferred pitch of fixed ladders
shall be considered to come in the range of 75 degrees and 90 degrees
with the horizontal (fig. D-11).
[GRAPHIC] [TIFF OMITTED] TC27OC91.011
Figure D-11--Pitch of Fixed Ladders
(2) Substandard pitch. Fixed ladders shall be considered as
substandard if they are installed within the substandard pitch range of
60 and 75 degrees with the horizontal. Substandard fixed ladders are
permitted only where it is found necessary to meet conditions of
installation. This substandard pitch range shall be considered as a
critical range to be avoided, if possible.
(3) Scope of coverage in this section. This section covers only
fixed ladders within the pitch range of 60 degrees and 90 degrees with
the horizontal.
(4) Pitch greater than 90 degrees. Ladders having a pitch in excess
of 90 degrees with the horizontal are prohibited.
(f) Maintenance. All ladders shall be maintained in a safe
condition. All ladders shall be inspected regularly, with the intervals
between inspections being determined by use and exposure.
Sec. 1910.28 Safety requirements for scaffolding.
(a) General requirements for all scaffolds. (1) Scaffolds shall be
furnished and erected in accordance with this standard for persons
engaged in work that cannot be done safely from the ground or from solid
construction, except that ladders used for such work shall conform to
Sec. Sec. 1910.25 and 1910.26.
(2) The footing or anchorage for scaffolds shall be sound, rigid,
and capable of carrying the maximum intended load without settling or
displacement. Unstable objects such as barrels, boxes, loose brick, or
concrete blocks shall not be used to support scaffolds or planks.
(3) [Reserved]
(4) Scaffolds and their components shall be capable of supporting
without failure at least four times the maximum intended load.
(5) Scaffolds and other devices mentioned or described in this
section shall be maintained in safe condition. Scaffolds shall not be
altered or moved horizontally while they are in use or occupied.
(6) Any scaffold damaged or weakened from any cause shall be
immediately repaired and shall not be used until repairs have been
completed.
(7) Scaffolds shall not be loaded in excess of the working load for
which they are intended.
(8) All load-carrying timber members of scaffold framing shall be a
minimum of 1,500 f. (Stress Grade) construction grade lumber. All
dimensions are nominal sizes as provided in the American Lumber
Standards, except that where rough sizes are noted, only rough or
undressed lumber of the size specified will satisfy minimum
requirements. (Note: Where nominal sizes of lumber are used in place of
rough sizes, the nominal size lumber shall be such as to provide
equivalent strength to that specified in tables D-7 through D-12 and D-
16.)
(9) All planking shall be Scaffold Grade as recognized by grading
rules for the species of wood used. The maximum permissible spans for 2-
x 9-inch or wider planks are shown in the following table:
[[Page 145]]
------------------------------------------------------------------------
Material
---------------------------------------
Full thickness Nominal
undressed lumber thickness
------------------------ lumber
---------------
------------------------------------------------------------------------
Working load (p.s.f.)........... 25 50 75 25 50
Permissible span (ft.).......... 10 8 6 8 9
------------------------------------------------------------------------
The maximum permissible span for 1\1/4\ x 9-inch or wider plank of full
thickness is 4 feet with medium loading of 50 p.s.f.
(10) Nails or bolts used in the construction of scaffolds shall be
of adequate size and in sufficient numbers at each connection to develop
the designed strength of the scaffold. Nails shall not be subjected to a
straight pull and shall be driven full length.
(11) All planking or platforms shall be overlapped (minimum 12
inches) or secured from movement.
(12) An access ladder or equivalent safe access shall be provided.
(13) Scaffold planks shall extend over their end supports not less
than 6 inches nor more than 18 inches.
(14) The poles, legs, or uprights of scaffolds shall be plumb, and
securely and rigidly braced to prevent swaying and displacement.
(15) Materials being hoisted onto a scaffold shall have a tag line.
(16) Overhead protection shall be provided for men on a scaffold
exposed to overhead hazards.
(17) Scaffolds shall be provided with a screen between the toeboard
and the guardrail, extending along the entire opening, consisting of No.
18 gauge U.S. Standard Wire one-half-inch mesh or the equivalent, where
persons are required to work or pass under the scaffolds.
(18) Employees shall not work on scaffolds during storms or high
winds.
(19) Employees shall not work on scaffolds which are covered with
ice or snow, unless all ice or snow is removed and planking sanded to
prevent slipping.
(20) Tools, materials, and debris shall not be allowed to accumulate
in quantities to cause a hazard.
(21) Only treated or protected fiber rope shall be used for or near
any work involving the use of corrosive substances or chemicals.
(22) Wire or fiber rope used for scaffold suspension shall be
capable of supporting at least six times the intended load.
(23) When acid solutions are used for cleaning buildings over 50
feet in height, wire rope supported scaffolds shall be used.
(24) The use of shore scaffolds or lean-to scaffolds is prohibited.
(25) Lumber sizes, when used in this section, refer to nominal sizes
except where otherwise stated.
(26) Scaffolds shall be secured to permanent structures, through use
of anchor bolts, reveal bolts, or other equivalent means. Window
cleaners' anchor bolts shall not be used.
(27) Special precautions shall be taken to protect scaffold members,
including any wire or fiber ropes, when using a heat-producing process.
(b) General requirements for wood pole scaffolds. (1) Scaffold poles
shall bear on a foundation of sufficient size and strength to spread the
load from the poles over a sufficient area to prevent settlement. All
poles shall be set plumb.
(2) Where wood poles are spliced, the ends shall be squared and the
upper section shall rest squarely on the lower section. Wood splice
plates shall be provided on at least two adjacent sides and shall not be
less than 4 feet 0 inches in length, overlapping the abutted ends
equally, and have the same width and not less than the cross-sectional
area of the pole. Splice plates of other materials of equivalent
strength may be used.
(3) Independent pole scaffolds shall be set as near to the wall of
the building as practicable.
(4) All pole scaffolds shall be securely guyed or tied to the
building or structure. Where the height or length exceeds 25 feet, the
scaffold shall be secured at intervals not greater than 25 feet
vertically and horizontally.
(5) Putlogs or bearers shall be set with their greater dimensions
vertical, long enough to project over the ledgers of the inner and outer
rows of poles at least 3 inches for proper support.
(6) Every wooden putlog on single pole scaffolds shall be reinforced
with a
[[Page 146]]
\3/16\ x 2-inch steel strip or equivalent secured to its lower edge
throughout its entire length.
(7) Ledgers shall be long enough to extend over two pole spaces.
Ledgers shall not be spliced between the poles. Ledgers shall be
reinforced by bearing blocks securely nailed to the side of the pole to
form a support for the ledger.
(8) Diagonal bracing shall be provided to prevent the poles from
moving in a direction parallel with the wall of the building, or from
buckling.
(9) Cross bracing shall be provided between the inner and outer sets
of poles in independent pole scaffolds. The free ends of pole scaffolds
shall be cross braced.
(10) Full diagonal face bracing shall be erected across the entire
face of pole scaffolds in both directions. The braces shall be spliced
at the poles.
(11) Platform planks shall be laid with their edges close together
so the platform will be tight with no spaces through which tools or
fragments of material can fall.
(12) Where planking is lapped, each plank shall lap its end supports
at least 12 inches. Where the ends of planks abut each other to form a
flush floor, the butt joint shall be at the centerline of a pole. The
abutted ends shall rest on separate bearers. Intermediate beams shall be
provided where necessary to prevent dislodgment of planks due to
deflection, and the ends shall be nailed or cleated to prevent their
dislodgment.
(13) When a scaffold turns a corner, the platform planks shall be
laid to prevent tipping. The planks that meet the corner putlog at an
angle shall be laid first, extending over the diagonally placed putlog
far enough to have a good safe bearing, but not far enough to involve
any danger from tipping. The planking running in the opposite direction
at right angles shall be laid so as to extend over and rest on the first
layer of planking.
(14) When moving platforms to the next level, the old platform shall
be left undisturbed until the new putlogs or bearers have been set in
place, ready to receive the platform planks.
(15) Guardrails not less than 2 x 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1 x 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(16) All wood pole scaffolds 60 feet or less in height shall be
constructed and erected in accordance with tables D-7 through D-12 of
this section. If they are over 60 feet in height they shall be designed
by a registered professional engineer and constructed and erected in
accordance with such design. A copy of the typical drawings and
specifications shall be made available to the employer and for
inspection purposes.
(17) Wood-pole scaffolds shall not be erected beyond the reach of
effective firefighting apparatus.
Table D-7--Minimum Nominal Size and Maximum Spacing of Members of Single
Pole Scaffolds--Light Duty
------------------------------------------------------------------------
Maximum height of scaffold
----------------------------------------
20 feet 60 feet
------------------------------------------------------------------------
Uniformly distributed load..... Not to exceed 25
pounds per square
foot..
Poles or uprights.............. 2 by 4 in.......... 4 by 4 in.
Pole spacing (longitudinal).... 6 ft. 0 in......... 10 ft. 0 in.
Maximum width of scaffold...... 5 ft. 0 in......... 5 ft. 0 in.
Bearers or putlogs to 3 ft. 0 2 by 4 in.......... 2 by 4 in.
in. width.
Bearers or putlogs to 5 ft. 0 2 by 6 in. or 3 by 2 by 6 in. or 3 by
in. width. 4 in. 4 in. (rough).
Ledgers........................ 1 by 4 in.......... 1\1/4\ by 9 in.
Planking....................... 1\1/4\ by 9 in. 2 by 9 in.
(rough).
Vertical spacing of horizontal 7 ft. 0 in......... 7 ft. 0 in.
members.
Bracing, horizontal and 1 by 4 in.......... 1 by 4 in.
diagonal.
Tie-ins........................ 1 by 4 in.......... 1 by 4 in.
Toeboards...................... 4 in. high 4 in. high
(minimum). (minimum).
[[Page 147]]
Guardrail...................... 2 by 4 in.......... 2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.
Table D-8--Minimum Nominal Size and Maximum Spacing of Members of Single
Pole Scaffolds--Medium Duty
------------------------------------------------------------------------
------------------------------------------------------------------------
Uniformly distributed load................ Not to exceed 50 pounds per
square foot.
Maximum height of scaffold................ 60 ft.
Poles or uprights......................... 4 by 4 in.
Pole spacing (longitudinal)............... 8 ft. 0 in.
Maximum width of scaffold................. 5 ft. 0 in.
Bearers or putlogs........................ 2 by 9 in. or 3 by 4 in.
Spacing of bearers or putlogs............. 8 ft. 0 in.
Ledgers................................... 2 by 9 in.
Vertical spacing of horizontal members.... 9 ft. 0 in.
Bracing, horizontal....................... 1 by 6 in. or 1\1/4\ by 4
in.
Bracing, diagonal......................... 1 by 4 in.
Tie-ins................................... 1 by 4 in.
Planking.................................. 2 by 9 in.
Toeboards................................. 4 in. high (minimum).
Guardrail................................. 2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.
Table D-9--Minimum Nominal Size and Maximum Spacing of Members of Single
Pole Scaffolds--Heavy Duty
------------------------------------------------------------------------
------------------------------------------------------------------------
Uniformly distributed load................ Not to exceed 75 pounds per
square foot.
Maximum height of scaffold................ 60 ft.
Poles or uprights......................... 4 by 4 in.
Pole spacing (longitudinal)............... 6 ft. 0 in.
Maximum width of scaffold................. 5 ft. 0 in.
Bearers or putlogs........................ 2 by 9 in. or 3 by 5 in.
(rough).
Spacing of bearers or putlogs............. 6 ft. 0 in.
Ledgers................................... 2 by 9 in.
Vertical spacing of horizontal members.... 6 ft. 6 in.
Bracing, horizontal and diagonal.......... 2 by 4 in.
Tie-ins................................... 1 by 4 in.
Planking.................................. 2 by 9 in.
Toeboards................................. 4 in. high (minimum).
Guardrail................................. 2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.
Table D-10--Minimum Nominal Size and Maximum Spacing of Members of
Independent Pole Scaffolds--Light Duty
------------------------------------------------------------------------
Maximum height of scaffold
----------------------------------------
20 feet 60 feet
------------------------------------------------------------------------
Uniformly distributed load..... Not to exceed 25
pounds per square
foot..
Poles or uprights.............. 2 by 4 in.......... 4 by 4 in.
Pole spacing (longitudinal).... 6 ft. 0 in......... 10 ft. 0 in.
Pole spacing (transverse)...... 6 ft. 0 in......... 10 ft. 0 in.
Ledgers........................ 1\1/4\ by 4 in..... 1\1/4\ by 9 in.
Bearers to 3 ft. 0 in. span.... 2 by 4 in.......... 2 by 4 in.
Bearers to 10 ft. 0 in. span... 2 by 6 in. or 3 by 2 by 9 (rough) or
4 in. 3 by 8 in.
Planking....................... 1\1/4\ by 9 in..... 2 by 9 in.
Vertical spacing of horizontal 7 ft. 0 in......... 7 ft. 0 in.
members.
Bracing, horizontal and 1 by 4 in.......... 1 by 4 in.
diagonal.
Tie-ins........................ 1 by 4 in.......... 1 by 4 in.
Toeboards...................... 4 in. high......... 4 in. high
(minimum).
Guardrail...................... 2 by 4 in.......... 2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.
Table D-11--Minimum Nominal Size and Maximum Spacing of Members of
Independent Pole Scaffolds--Medium Duty
------------------------------------------------------------------------
------------------------------------------------------------------------
Uniformly distributed load................ Not to exceed 50 pounds per
square foot.
Maximum height of scaffold................ 60 ft.
Poles or uprights......................... 4 by 4 in.
Pole spacing (longitudinal)............... 8 ft. 0 in.
Pole spacing (transverse)................. 8 ft. 0 in.
Ledgers................................... 2 by 9 in.
Vertical spacing of horizontal members.... 6 ft. 0 in.
Spacing of bearers........................ 8 ft. 0 in.
Bearers................................... 2 by 9 in. (rough) or 2 by
10 in.
Bracing, horizontal....................... 1 by 6 in. or 1\1/4\ by 4
in.
Bracing, diagonal......................... 1 by 4 in.
Tie-ins................................... 1 by 4 in.
Planking.................................. 2 by 9 in.
Toeboards................................. 4 in. high (minimum).
Guardrail................................. 2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.
[[Page 148]]
Table D-12--Minimum Nominal Size and Maximum Spacing of Members of
Independent Pole Scaffolds--Heavy Duty
------------------------------------------------------------------------
------------------------------------------------------------------------
Uniformly distributed load................ Not to exceed 75 pounds per
square foot.
Maximum height of scaffold................ 60 ft.
Poles or uprights......................... 4 by 4 in.
Pole spacing (longitudinal)............... 6 ft. 0 in.
Pole spacing (transverse)................. 8 ft. 0 in.
Ledgers................................... 2 by 9 in.
Vertical spacing of horizontal members.... 4 ft. 6 in.
Bearers................................... 2 by 9 in. (rough).
Bracing, horizontal and diagonal.......... 2 by 4 in.
Tie-ins................................... 1 by 4 in.
Planking.................................. 2 by 9 in.
Toeboards................................. 4 in. high (minimum).
Guardrail................................. 2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.
Table D-13--Tube and Coupler Scaffolds--Light Duty
------------------------------------------------------------------------
------------------------------------------------------------------------
Uniformly distributed load................ Not to exceed 25 p.s.f.
post spacing (longitudinal)............... 10 ft. 0 in.
Post spacing (transverse)................. 6 ft. 0 in.
------------------------------------------------------------------------
------------------------------------------------------------------------
Additional planked
Working levels levels Maximum height
------------------------------------------------------------------------
1 8 125 ft.
2 4 125 ft.
3 0 91 ft. 0 in.
------------------------------------------------------------------------
Table D-14--Tube and Coupler Scaffolds--Medium Duty
------------------------------------------------------------------------
------------------------------------------------------------------------
Uniformly distributed load................ Not to exceed 50 p.s.f.
Post spacing (longitudinal)............... 8 ft. 0 in.
Post spacing (transverse)................. 6 ft. 0 in.
------------------------------------------------------------------------
------------------------------------------------------------------------
Additional planked
Working levels levels Maximum height
------------------------------------------------------------------------
1 6 125 ft.
2 0 78 ft. 0 in.
------------------------------------------------------------------------
Table D-15--Tube and Coupler Scaffolds--Heavy Duty
------------------------------------------------------------------------
------------------------------------------------------------------------
Uniformly distributed load................ Not to exceed 75 p.s.f.
Post spacing (longitudinal)............... 6 ft. 6 in.
Post spacing (transverse)................. 6 ft. 0 in.
------------------------------------------------------------------------
------------------------------------------------------------------------
Additional planked
Working levels levels Maximum height
------------------------------------------------------------------------
1 6 125 ft.
------------------------------------------------------------------------
(c) Tube and coupler scaffolds. (1) A light-duty tube and coupler
scaffold shall have all posts, bearers, runners, and bracing of nominal
2-inch O.D. steel tubing. The posts shall be spaced no more than 6 feet
apart by 10 feet along the length of the scaffold. Other structural
metals when used must be designed to carry an equivalent load.
(2) A medium-duty tube and coupler scaffold shall have all posts,
runners, and bracing of nominal 2-inch O.D. steel tubing. Posts spaced
not more than 6 feet apart by 8 feet along the length of the scaffold
shall have bearers of nominal 2\1/2\-inch O.D. steel tubing. Posts
spaced not more than 5 feet apart by 8 feet along the length of the
scaffold shall have bearers of nominal 2-inch O.D. steel tubing. Other
structural metals when used must be designed to carry an equivalent
load.
(3) A heavy-duty tube and coupler scaffold shall have all posts,
runners, and bracing of nominal 2-inch O.D. steel tubing, with the posts
spaced not more than 6 feet apart by 6 feet 6 inches along the length of
the scaffold. Other structural metals when used must be designed to
carry an equivalent load.
(4) Tube and coupler scaffolds shall be limited in heights and
working levels to those permitted in tables D-13, 14, and 15, of this
section. Drawings and specifications of all tube and coupler scaffolds
above the limitations in tables D-13, 14, and 15 of this section shall
be designed by a registered professional engineer and copies made
available to the employer and for inspection purposes.
(5) All tube and coupler scaffolds shall be constructed and erected
to support four times the maximum intended loads as set forth in tables
D-13, 14, and 15 of this section, or as set forth in the specifications
by a registered professional engineer, copies which shall be made
available to the employer and for inspection purposes.
(6) All tube and coupler scaffolds shall be erected by competent and
experienced personnel.
(7) Posts shall be accurately spaced, erected on suitable bases, and
maintained plumb.
(8) Runners shall be erected along the length of the scaffold
located on both the inside and the outside posts at even height. Runners
shall be interlocked to form continuous lengths and coupled to each
post. The bottom runners shall be located as close to the base as
possible. Runners shall be placed not more than 6 feet 6 inches on
centers.
[[Page 149]]
(9) Bearers shall be installed transversely between posts and shall
be securely coupled to the posts bearing on the runner coupler. When
coupled directly to the runners, the coupler must be kept as close to
the posts as possible.
(10) Bearers shall be at least 4 inches but not more than 12 inches
longer than the post spacing or runner spacing. Bearers may be
cantilevered for use as brackets to carry not more than two planks.
(11) Cross bracing shall be installed across the width of the
scaffold at least every third set of posts horizontally and every fourth
runner vertically. Such bracing shall extend diagonally from the inner
and outer runners upward to the next outer and inner runners.
(12) Longitudinal diagonal bracing shall be installed at
approximately a 45-degree angle from near the base of the first outer
post upward to the extreme top of the scaffold. Where the longitudinal
length of the scaffold permits, such bracing shall be duplicated
beginning at every fifth post. In a similar manner, longitudinal
diagonal bracing shall also be installed from the last post extending
back and upward toward the first post. Where conditions preclude the
attachment of this bracing to the posts, it may be attached to the
runners.
(13) The entire scaffold shall be tied to and securely braced
against the building at intervals not to exceed 30 feet horizontally and
26 feet vertically.
(14) Guardrails not less than 2 x 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1 x 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(d) Tubular welded frame scaffolds. (1) Metal tubular frame
scaffolds, including accessories such as braces, brackets, trusses,
screw legs, ladders, etc., shall be designed and proved to safely
support four times the maximum intended load.
(2) Spacing of panels or frames shall be consistent with the loads
imposed.
(3) Scaffolds shall be properly braced by cross bracing or diagonal
braces, or both, for securing vertical members together laterally, and
the cross braces shall be of such length as will automatically square
and aline vertical members so that the erected scaffold is always plumb,
square, and rigid. All brace connections shall be made secure.
(4) Scaffold legs shall be set on adjustable bases or plain bases
placed on mud sills or other foundations adequate to support the maximum
intended load.
(5) The frames shall be placed one on top of the other with coupling
or stacking pins to provide proper vertical alinement of the legs.
(6) Where uplift may occur, panels shall be locked together
vertically by pins or other equivalent suitable means.
(7) Guardrails not less than 2 x 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1- x 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(8) All tubular metal scaffolds shall be constructed and erected to
support four times the maximum intended loads.
(9) To prevent movement, the scaffold shall be secured to the
building or structure at intervals not to exceed 30 feet horizontally
and 26 feet vertically.
(10) Maximum permissible spans of planking shall be in conformity
with paragraph (a)(9) of this section.
(11) Drawings and specifications for all frame scaffolds over 125
feet in height above the base plates shall be designed by a registered
professional engineer and copies made available to the employer and for
inspection purposes.
(12) All tubular welded frame scaffolds shall be erected by
competent and experienced personnel.
[[Page 150]]
(13) Frames and accessories for scaffolds shall be maintained in
good repair and every defect, unsafe condition, or noncompliance with
this section shall be immediately corrected before further use of the
scaffold. Any broken, bent, excessively rusted, altered, or otherwise
structurally damaged frames or accessories shall not be used.
(14) Periodic inspections shall be made of all welded frames and
accessories, and any maintenance, including painting, or minor
corrections authorized by the manufacturer, shall be made before further
use.
(e) Outrigger scaffolds. (1) Outrigger beams shall extend not more
than 6 feet beyond the face of the building. The inboard end of
outrigger beams, measured from the fulcrum point to the extreme point of
support, shall be not less than one and one-half times the outboard end
in length. The beams shall rest on edge, the sides shall be plumb, and
the edges shall be horizontal. The fulcrum point of the beam shall rest
on a secure bearing at least 6 inches in each horizontal dimension. The
beam shall be secured in place against movement and shall be securely
braced at the fulcrum point against tipping.
(2) The inboard ends of outrigger beams shall be securely supported
either by means of struts bearing against sills in contact with the
overhead beams or ceiling, or by means of tension members secured to the
floor joists underfoot, or by both if necessary. The inboard ends of
outrigger beams shall be secured against tipping and the entire
supporting structure shall be securely braced in both directions to
prevent any horizontal movement.
(3) Unless outrigger scaffolds are designed by a licensed
professional engineer, they shall be constructed and erected in
accordance with table D-16. Outrigger scaffolds designed by a registered
professional engineer shall be constructed and erected in accordance
with such design. A copy of the detailed drawings and specifications
showing the sizes and spacing of members shall be kept on the job.
(4) Planking shall be laid tight and shall extend to within 3 inches
of the building wall. Planking shall be nailed or bolted to outriggers.
(5) Where there is danger of material falling from the scaffold, a
wire mesh or other enclosure shall be provided between the guardrail and
the toeboard.
(6) Where additional working levels are required to be supported by
the outrigger method, the plans and specifications of the outrigger and
scaffolding structure shall be designed by a registered professional
engineer.
(f) Masons' adjustable multiple-point suspension scaffolds. (1) The
scaffold shall be capable of sustaining a working load of 50 pounds per
square foot and shall not be loaded in excess of that figure.
(2) The scaffold shall be provided with hoisting machines that meet
the requirements of a nationally recognized testing laboratory. Refer to
Sec. 1910.7 for definition of nationally recognized testing laboratory.
Table D-16--Minimum Nominal Size and Maximum Spacing of Members of
Outrigger Scaffolds
------------------------------------------------------------------------
Light duty Medium duty
------------------------------------------------------------------------
Maximum scaffold load........... 25 p.s.f.......... 50 p.s.f.
Outrigger size.................. 2 x 10 in......... 3 x 10 in.
Maximum outrigger spacing....... 10 ft 0 in........ 6 ft 0 in.
Planking........................ 2 x 9 in.......... 2 x 9 in.
Guardrail....................... 2 x 4 in.......... 2 x 4 in.
Guardrail uprights.............. 2 x 4 in.......... 2 x 4 in.
Toeboards (minimum)............. 4 in.............. 4 in.
------------------------------------------------------------------------
(3) The platform shall be supported by wire ropes in conformity with
paragraph (a)(22) of this section, suspended from overhead outrigger
beams.
(4) The scaffold outrigger beams shall consist of structural metal
securely fastened or anchored to the frame or floor system of the
building or structure.
(5) Each outrigger beam shall be equivalent in strength to at least
a standard 7-inch, 15.3-pound steel I-beam, be at least 15 feet long,
and shall not project more than 6 feet 6 inches beyond the bearing
point.
(6) Where the overhang exceeds 6 feet 6 inches, outrigger beams
shall be composed of stronger beams or multiple beams and be installed
in accordance with approved designs and instructions.
[[Page 151]]
(7) If channel iron outrigger beams are used in place of I-beams,
they shall be securely fastened together with the flanges turned out.
(8) All outrigger beams shall be set and maintained with their webs
into vertical position.
(9) A stop bolt shall be placed at each end of every outrigger beam.
(10) The outrigger beam shall rest on suitable wood-bearing blocks.
(11) All parts of the scaffold such as bolts, nuts, fittings,
clamps, wire rope, and outrigger beams and their fastenings, shall be
maintained in sound and good working condition and shall be inspected
before each installation and periodically thereafter.
(12) The free end of the suspension wire ropes shall be equipped
with proper size thimbles and be secured by splicing or other equivalent
means. The running ends shall be securely attached to the hoisting drum
and at least four turns of rope shall at all times remain on the drum.
(13) Where a single outrigger beam is used, the steel shackles or
clevises with which the wire ropes are attached to the outrigger beams
shall be placed directly over the hoisting drums.
(14) The scaffold platform shall be equivalent in strength to at
least 2-inch planking. (For maximum planking spans see paragraph (a)(9)
of this section.)
(15) Guardrails not less than 2 x 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1 x 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(16) Overhead protection shall be provided on the scaffold, not more
than 9 feet above the platform, consisting of 2-inch planking or
material of equivalent strength laid tight, when men are at work on the
scaffold and an overhead hazard exists.
(17) Each scaffold shall be installed or relocated in accordance
with designs and instructions, of a registered professional engineer,
and supervised by a competent, designated person.
(g) Two-point suspension scaffolds (swinging scaffolds). (1) Two-
point suspension scaffold platforms shall be not less than 20 inches no
more than 36 inches wide overall. The platform shall be securely
fastened to the hangers by U-bolts or by other equivalent means.
(2) The hangers of two-point suspension scaffolds shall be made of
wrought iron, mild steel, or other equivalent material having a cross-
sectional area capable of sustaining four times the maximum intended
load, and shall be designed with a support for guardrail, intermediate
rail, and toeboard.
(3) When hoisting machines are used on two-point suspension
scaffolds, such machines shall be of a design tested and approved by a
nationally recognized testing laboratory. Refer to Sec. 1910.7 for
definition of nationally recognized testing laboratory.
(4) The roof irons or hooks shall be of wrought iron, mild steel, or
other equivalent material of proper size and design, securely installed
and anchored. Tie-backs of three-fourth inch manila rope or the
equivalent shall serve as a secondary means of anchorage, installed at
right angles to the face of the building whenever possible and secured
to a structurally sound portion of the building.
(5) Guardrails not less than 2 x 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1- x 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(6) Two-point suspension scaffolds shall be suspended by wire or
fiber ropes. Wire and fiber ropes shall conform to paragraph (a)(22) of
this section.
(7) The blocks for fiber ropes shall be of standard 6-inch size,
consisting of at least one double and one single block. The sheaves of
all blocks shall fit the size of rope used.
[[Page 152]]
(8) All wire ropes, fiber ropes, slings, hangers, platforms, and
other supporting parts shall be inspected before every installation.
Periodic inspections shall be made while the scaffold is in use.
(9) On suspension scaffolds designed for a working load of 500
pounds no more than two men shall be permitted to work at one time. On
suspension scaffolds with a working load of 750 pounds, no more than
three men shall be permitted to work at one time. Each workman shall be
protected by a safety lifebelt attached to a lifeline. The lifeline
shall be securely attached to substantial members of the structure (not
scaffold), or to securely rigged lines, which will safely suspend the
workman in case of a fall.
(10) Where acid solutions are used, fiber ropes are not permitted
unless acid-proof.
(11) Two-point suspension scaffolds shall be securely lashed to the
building or structure to prevent them from swaying. Window cleaners'
anchors shall not be used for this purpose.
(12) The platform of every two-point suspension scaffold shall be
one of the following types:
(i) The side stringer of ladder-type platforms shall be clear
straight-grained spruce or materials of equivalent strength and
durability. The rungs shall be of straight-grained oak, ash, or hickory,
at least 1\1/8\ inch in diameter, with seven-eighth inch tenons mortised
into the side stringers at least seven-eighth inch. The stringers shall
be tied together with the tie rods not less than one-quarter inch in
diameter, passing through the stringers and riveted up tight against
washers on both ends. The flooring strips shall be spaced not more than
five-eighth inch apart except at the side rails where the space may be 1
inch. Ladder-type platforms shall be constructed in accordance with
table D-17.
(ii) Plank-type platforms shall be composed of not less than nominal
2 x 8-inch unspliced planks, properly cleated together on the underside
starting 6 inches from each end; intervals in between shall not exceed 4
feet. The plank-type platform shall not extend beyond the hangers more
than 18 inches. A bar or other effective means shall be securely
fastened to the platform at each end to prevent its slipping off the
hanger. The span between hangers for plank-type platforms shall not
exceed 10 feet.
(iii) Beam platforms shall have side stringers of lumber not less
than 2 x 6 inches set on edge. The span between hangers shall not exceed
12 feet when beam platforms are used. The flooring shall be supported on
2- and 6-inch crossbeams, laid flat and set into the upper edge of the
stringers with a snug fit, at intervals of not more than 4 feet,
securely nailed in place. The flooring shall be of 1 x 6inch material
properly nailed. Floorboards shall not be spaced more than one-half inch
apart.
Table D-17--Schedule for Ladder-Type Platforms
----------------------------------------------------------------------------------------------------------------
Length of platform (feet)
-----------------------------------------------------------
12 14 & 16 18 & 20 22 & 24 28 & 30
----------------------------------------------------------------------------------------------------------------
Side stringers, minimum cross section (finished
sizes):
At ends (in.)..................................... 1\3/4\ x 1\3/4\ x 1\3/4\ x 3 1\3/4\ x 3 1\3/4\ x
2\3/4\ 2\3/4\ 3\1/2\
At middle (in.)................................... 1\3/4\ x 1\3/4\ x 1\3/4\ x 4 1\3/4\ x 1\3/4\ x 5
3\3/4\ 3\3/4\ 4\1/4\
Reinforcing strip (minimum) \1\..................... .......... .......... .......... .......... ..........
Rungs \2\........................................... .......... .......... .......... .......... ..........
Tie rods:
Number (minimum).................................. 3 4 4 5 6
Diameter (minimum)................................ \1/4\ in \1/4\ in \1/4\ in \1/4\ in \1/4\ in.
Flooring, minimum finished size (in.)............... \1/2\ x \1/2\ x \1/2\ x \1/2\ x \3/ \1/2\ x
2\3/4\ 2\3/4\ 2\3/4\ 4\ 2\3/4\
----------------------------------------------------------------------------------------------------------------
\1\ A \1/8\x\7/8\-in. steel reinforcing strip or its equivalent shall be attached to the side or underside full
length.
\2\ Rungs shall be 1\1/8\-in. minimum, diameter with at least \7/8\-in. diameter tenons, and the maximum spacing
shall be 12 in. center to center.
(h) Stone setters' adjustable multiple-point suspension scaffolds.
(1) The scaffold shall be capable of sustaining a working load of 25
pounds per square
[[Page 153]]
foot and shall not be overloaded. Scaffolds shall not be used for
storage of stone or other heavy materials.
(2) The hoisting machine and its supports shall be of a type tested
and listed by a nationally recognized testing laboratory. Refer to Sec.
1910.399(a)(77) for definition of listed, and Sec. 1910.7 for
nationally recognized testing laboratory.
(3) The platform shall be securely fastened to the hangers by U-
bolts or other equivalent means.
(4) The scaffold unit shall be suspended from metal outriggers, iron
brackets, wire rope slings, or iron hooks which will safely support the
maximum intended load.
(5) Outriggers when used shall be set with their webs in a vertical
position, securely anchored to the building or structure and provided
with stop bolts at each end.
(6) The scaffold shall be supported by wire rope conforming with
paragraph (a)(22) of this section, suspended from overhead supports.
(7) The free ends of the suspension wire ropes shall be equipped
with proper size thimbles, secured by splicing or other equivalent
means. The running ends shall be securely attached to the hoisting drum
and at least four turns of rope shall remain on the drum at all times.
(8) Guardrails not less than 2 by 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(9) When two or more scaffolds are used on a building or structure
they shall not be bridged one to the other but shall be maintained at
even height with platforms butting closely.
(10) Each scaffold shall be installed or relocated in accordance
with designs and instructions of a registered professional engineer, and
such installation or relocation shall be supervised by a competent
designated person.
(i) Single-point adjustable suspension scaffolds. (1) The
scaffolding, including power units or manually operated winches, shall
be a type tested and listed by a nationally recognized testing
laboratory. Refer to Sec. 1910.399(a)(77) for definition of listed, and
Sec. 1910.7 for nationally recognized testing laboratory.
(2) [Reserved]
(3) All power-operated gears and brakes shall be enclosed.
(4) In addition to the normal operating brake, all-power driven
units must have an emergency brake which engages automatically when the
normal speed of descent is exceeded.
(5) Guards, mid-rails, and toeboards shall completely enclose the
cage or basket. Guardrails shall be no less than 2 by 4 inches or the
equivalent installed no less than 36 inches nor more than 42 inches
above the platform. Mid-rails shall be 1 by 6 inches or the equivalent,
installed equidistant between the guardrail and the platform. Toeboards
shall be a minimum of 4 inches in height.
(6) The hoisting machines, cables, and equipment shall be regularly
serviced and inspected after each installation and every 30 days
thereafter.
(7) The units may be combined to form a two-point suspension
scaffold. Such scaffold shall comply with paragraph (g) of this section.
(8) The supporting cable shall be straight for its entire length,
and the operator shall not sway the basket and fix the cable to any
intermediate points to change his original path of travel.
(9) Equipment shall be maintained and used in accordance with the
manufacturers' instructions.
(10) Suspension methods shall conform to applicable provisions of
paragraphs (f) and (g) of this section.
(j) Boatswain's chairs. (1) The chair seat shall be not less than 12
by 24 inches, and of 1-inch thickness. The seat shall be reinforced on
the underside to prevent the board from splitting.
(2) The two fiber rope seat slings shall be of \5/8\-inch diameter,
reeved through the four seat holes so as to cross each other on the
underside of the seat.
[[Page 154]]
(3) Seat slings shall be of at least \3/8\-inch wire rope when a
workman is conducting a heat producing process such as gas or arc
welding.
(4) The workman shall be protected by a safety life belt attached to
a lifeline. The lifeline shall be securely attached to substantial
members of the structure (not scaffold), or to securely rigged lines,
which will safely suspend the worker in case of a fall.
(5) The tackle shall consist of correct size ball bearing or bushed
blocks and properly spliced \5/8\-inch diameter first-grade manila rope.
(6) The roof irons, hooks, or the object to which the tackle is
anchored shall be securely installed. Tiebacks when used shall be
installed at right angles to the face of the building and securely
fastened to a chimney.
(k) Carpenters' bracket scaffolds. (1) The brackets shall consist of
a triangular wood frame not less than 2 by 3 inches in cross section, or
of metal of equivalent strength. Each member shall be properly fitted
and securely joined.
(2) Each bracket shall be attached to the structure by means of one
of the following:
(i) A bolt no less than five-eighths inch in diameter which shall
extend through the inside of the building wall.
(ii) A metal stud attachment device.
(iii) Welding to steel tanks.
(iv) Hooking over a well-secured and adequately strong supporting
member.
The brackets shall be spaced no more than 10 feet apart.
(3) No more than two persons shall occupy any given 10 feet of a
bracket scaffold at any one time. Tools and materials shall not exceed
75 pounds in addition to the occupancy.
(4) The platform shall consist of not less than two 2- by 9-inch
nominal size planks extending not more than 18 inches or less than 6
inches beyond each end support.
(5) Guardrails not less than 2 by 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(l) Bricklayers' square scaffolds. (1) The squares shall not exceed
5 feet in width and 5 feet in height.
(2) Members shall be not less than those specified in Table D-18.
(3) The squares shall be reinforced on both sides of each corner
with 1- by 6-inch gusset pieces. They shall also have braces 1 by 8
inches on both sides running from center to center of each member, or
other means to secure equivalent strength and rigidity.
(4) The squares shall be set not more than 5 feet apart for medium
duty scaffolds, and not more than 8 feet apart for light duty scaffolds.
Bracing 1 x 8 inches, extending from the bottom of each square to the
top of the next square, shall be provided on both front and rear sides
of the scaffold.
Table D-18--Minimum Dimensions for Bricklayers' Square Scaffold Members
------------------------------------------------------------------------
Members Dimensions (inches)
------------------------------------------------------------------------
Bearers or horizontal members.............. 2 by 6.
Legs....................................... 2 by 6.
Braces at corners.......................... 1 by 6.
Braces diagonally from center frame........ 1 by 8.
------------------------------------------------------------------------
(5) Platform planks shall be at least 2- by 9-inch nominal size. The
ends of the planks shall overlap the bearers of the squares and each
plank shall be supported by not less than three squares.
(6) Bricklayers' square scaffolds shall not exceed three tiers in
height and shall be so constructed and arranged that one square shall
rest directly above the other. The upper tiers shall stand on a
continuous row of planks laid across the next lower tier and be nailed
down or otherwise secured to prevent displacement.
(7) Scaffolds shall be level and set upon a firm foundation.
(m) Horse scaffolds. (1) Horse scaffolds shall not be constructed or
arranged more than two tiers or 10 feet in height.
(2) The members of the horses shall be not less than those specified
in Table D-19.
(3) Horses shall be spaced not more than 5 feet for medium duty and
not more than 8 feet for light duty.
[[Page 155]]
(4) When arranged in tiers, each horse shall be placed directly over
the horse in the tier below.
(5) On all scaffolds arranged in tiers, the legs shall be nailed
down to the planks to prevent displacement or thrust and each tier shall
be substantially cross braced.
Table D-19--Minimum Dimensions for Horse Scaffold Members
------------------------------------------------------------------------
Members Dimensions (inches)
------------------------------------------------------------------------
Horizontal members or bearers.............. 3 by 4.
Legs....................................... 1\1/4\ by 4\1/2\.
Longitudinal brace between legs............ 1 by 6.
Gusset brace at top of legs................ 1 by 8.
Half diagonal braces....................... 1\1/4\ by 4\1/2\.
------------------------------------------------------------------------
(6) Horses or parts which have become weak or defective shall not be
used.
(7) Guardrails not less than 2 by 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high with a mid-rail, when
required, of 1- by 4-inch lumber or equivalent and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(n) Needle beam scaffold. (1) Wood needle beams shall be in
accordance with paragraph (a) (5) and (9) of this section, and shall be
not less than 4 by 6 inches in size, with the greater dimension placed
in a vertical direction. Metal beams or the equivalent conforming to
paragraph (a) (4) and (8) of this section may be used.
(2) Ropes or hangers shall be provided for supports. The span
between supports on the needle beam shall not exceed 10 feet for 4- by
6-inch timbers. Rope supports shall be equivalent in strength to 1-inch
diameter first-grade manila rope.
(3) The ropes shall be attached to the needle beams by a scaffold
hitch or a properly made eye splice. The loose end of the rope shall be
tied by a bowline knot or by a round turn and one-half hitch.
(4) The platform span between the needle beams shall not exceed 8
feet when using 2-inch scaffold plank. For spans greater than 8 feet,
platforms shall be designed based on design requirements for the special
span. The overhang of each end of the platform planks shall be not less
than 1 foot and not more than 18 inches.
(5) When one needle beam is higher than the other or when the
platform is not level the platform shall be secured against slipping.
(6) All unattached tools, bolts, and nuts used on needle beam
scaffolds shall be kept in suitable containers.
(7) One end of a needle beam scaffold may be supported by a
permanent structural member conforming to paragraphs (a) (4) and (8) of
this section.
(8) Each man working on a needle beam scaffold 20 feet or more above
the ground or floor and working with both hands, shall be protected by a
safety life belt attached to a lifeline. The lifeline shall be securely
attached to substantial members of the structure (not scaffold), or to
securely rigged lines, which will safely suspend the workman in case of
a fall.
(o) Plasterers', decorators', and large area scaffolds. (1)
Plasterers', decorators', lathers', and ceiling workers' inside
scaffolds shall be constructed in accordance with the general
requirements set forth for independent wood pole scaffolds.
(2) Guardrails not less than 2 by 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(3) All platform planks shall be laid with the edges close together.
(4) When independent pole scaffold platforms are erected in
sections, such sections shall be provided with connecting runways
equipped with substantial guardrails.
(p) Interior hung scaffolds. (1) [Reserved]
(2) The suspended steel wire rope shall conform to paragraph (a)(22)
of this section. Wire may be used providing the strength requirements of
[[Page 156]]
paragraph (a)(22) of this section are met.
(3) For hanging wood scaffolds, the following minimum nominal size
material is recommended:
(i) Supporting bearers 2 by 9 inches on edge.
(ii) Planking 2 by 9 inches or 2 by 10 inches, with maximum span 7
feet for heavy duty and 10 feet for light duty or medium duty.
(4) Steel tube and coupler members may be used for hanging scaffolds
with both types of scaffold designed to sustain a uniform distributed
working load up to heavy duty scaffold loads with a safety factor of
four.
(5) When a hanging scaffold is supported by means of wire rope, such
wire rope shall be wrapped at least twice around the supporting members
and twice around the bearers of the scaffold, with each end of the wire
rope secured by at least three standard wire-rope clips.
(6) All overhead supporting members shall be inspected and checked
for strength before the scaffold is erected.
(7) Guardrails not less than 2 by 4 inches or the equivalent and not
less than 36 inches or more than 42 inches high, with a mid-rail, when
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be
installed at all open sides on all scaffolds more than 10 feet above the
ground or floor. Toeboards shall be a minimum of 4 inches in height.
Wire mesh shall be installed in accordance with paragraph (a)(17) of
this section.
(q) Ladder-jack scaffolds. (1) All ladder-jack scaffolds shall be
limited to light duty and shall not exceed a height of 20 feet above the
floor or ground.
(2) All ladders used in connection with ladder-jack scaffolds shall
be heavy-duty ladders and shall be designed and constructed in
accordance with Sec. Sec. 1910.25 and 1910.26.
(3) The ladder jack shall be so designed and constructed that it
will bear on the side rails in addition to the ladder rungs, or if
bearing on rungs only, the bearing area shall be at least 10 inches on
each rung.
(4) Ladders used in conjunction with ladder jacks shall be so
placed, fastened, held, or equipped with devices so as to prevent
slipping.
(5) The wood platform planks shall be not less than 2 inches nominal
in thickness. Both metal and wood platform planks shall overlap the
bearing surface not less than 12 inches. The span between supports for
wood shall not exceed 8 feet. Platform width shall be not less than 18
inches.
(6) Not more than two persons shall occupy any given 8 feet of any
ladder-jack scaffold at any one time.
(r) Window-jack scaffolds. (1) Window-jack scaffolds shall be used
only for the purpose of working at the window opening through which the
jack is placed.
(2) Window jacks shall not be used to support planks placed between
one window jack and another or for other elements of scaffolding.
(3) Window-jack scaffolds shall be provided with suitable guardrails
unless safety belts with lifelines are attached and provided for the
workman. Window-jack scaffolds shall be used by one man only.
(s) Roofing brackets. (1) Roofing brackets shall be constructed to
fit the pitch of the roof.
(2) Brackets shall be secured in place by nailing in addition to the
pointed metal projections. The nails shall be driven full length into
the roof. When rope supports are used, they shall consist of first-grade
manila of at least three-quarter-inch diameter, or equivalent.
(3) A substantial catch platform shall be installed below the
working area of roofs more than 20 feet from the ground to eaves with a
slope greater than 3 inches in 12 inches without a parapet. In width the
platform shall extend 2 feet beyond the projection of the eaves and
shall be provided with a safety rail, mid-rail, and toeboard. This
provision shall not apply where employees engaged in work upon such
roofs are protected by a safety belt attached to a lifeline.
(t) Crawling boards or chicken ladders. (1) Crawling boards shall be
not less than 10 inches wide and 1 inch thick, having cleats 1 x 1\1/2\
inches. The cleats shall be equal in length to the width of the board
and spaced at equal intervals not to exceed 24 inches. Nails shall be
[[Page 157]]
driven through and clinched on the underside. The crawling board shall
extend from the ridge pole to the eaves when used in connection with
roof construction, repair, or maintenance.
(2) A firmly fastened lifeline of at least three-quarter-inch rope
shall be strung beside each crawling board for a handhold.
(3) Crawling boards shall be secured to the roof by means of
adequate ridge hooks or equivalent effective means.
(u) Float or ship scaffolds. (1) Float or ship scaffolds shall
support not more than three men and a few light tools, such as those
needed for riveting, bolting, and welding. They shall be constructed in
accordance with paragraphs (u) (2) through (6) of this section, unless
substitute designs and materials provide equivalent strength, stability,
and safety.
(2) The platform shall be not less than 3 feet wide and 6 feet long,
made of three-quarter-inch plywood, equivalent to American Plywood
Association Grade B-B, Group I, Exterior.
(3) Under the platform, there shall be two supporting bearers made
from 2 x 4-inch, or 1 x 10-inch rough, selected lumber, or better. They
shall be free of knots or other flaws and project 6 inches beyond the
platform on both sides. The ends of the platform shall extend about 6
inches beyond the outer edges of the bearers. Each bearer shall be
securely fastened to the platform.
(4) An edging of wood not less than \3/4\ x 1\1/2\ inches, or
equivalent, shall be placed around all sides of the platform to prevent
tools from rolling off.
(5) Supporting ropes shall be 1-inch diameter manila rope or
equivalent, free from deterioration, chemical damage, flaws, or other
imperfections. Rope connections shall be such that the platform cannot
shift or slip. If two ropes are used with each float, each of the two
supporting ropes shall be hitched around one end of a bearer and pass
under the platforms to the other end of the bearer where it is hitched
again, leaving sufficient rope at each end for the supporting ties.
(6) Each workman shall be protected by a safety lifebelt attached to
a lifeline. The lifeline shall be securely attached to substantial
members of the structure (not scaffold), or to securely rigged lines,
which will safely suspend the workman in case of a fall.
(v) Scope. This section establishes safety requirements for the
construction, operation, maintenance, and use of scaffolds used in the
maintenance of buildings and structures.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978;
49 FR 5321, Feb. 10, 1984; 53 FR 12121, Apr. 12, 1988]
Sec. 1910.29 Manually propelled mobile ladder stands and scaffolds
(towers).
(a) General requirements--(1) Application. This section is intended
to prescribe rules and requirements for the design, construction, and
use of mobile work platforms (including ladder stands but not including
aerial ladders) and rolling (mobile) scaffolds (towers). This standard
is promulgated to aid in providing for the safety of life, limb, and
property, by establishing minimum standards for structural design
requirements and for the use of mobile work platforms and towers.
(2) Working loads. (i) Work platforms and scaffolds shall be capable
of carrying the design load under varying circumstances depending upon
the conditions of use. Therefore, all parts and appurtenances necessary
for their safe and efficient utilization must be integral parts of the
design.
(ii) Specific design and construction requirements are not a part of
this section because of the wide variety of materials and design
possibilities. However, the design shall be such as to produce a mobile
ladder stand or scaffold that will safely sustain the specified loads.
The material selected shall be of sufficient strength to meet the test
requirements and shall be protected against corrosion or deterioration.
(a) The design working load of ladder stands shall be calculated on
the basis of one or more 200-pound persons together with 50 pounds of
equipment each.
(b) The design load of all scaffolds shall be calculated on the
basis of:
Light--Designed and constructed to carry a working load of 25 pounds per
square foot.
Medium--Designed and constructed to carry a working load of 50 pounds
per square foot.
[[Page 158]]
Heavy--Designed and constructed to carry a working load of 75 pounds per
square foot.
All ladder stands and scaffolds shall be capable of supporting at least
four times the design working load.
(iii) The materials used in mobile ladder stands and scaffolds shall
be of standard manufacture and conform to standard specifications of
strength, dimensions, and weights, and shall be selected to safely
support the design working load.
(iv) Nails, bolts, or other fasteners used in the construction of
ladders, scaffolds, and towers shall be of adequate size and in
sufficient numbers at each connection to develop the designed strength
of the unit. Nails shall be driven full length. (All nails should be
immediately withdrawn from dismantled lumber.)
(v) All exposed surfaces shall be free from sharp edges, burrs or
other safety hazards.
(3) Work levels. (i) The maximum work level height shall not exceed
four (4) times the minimum or least base dimensions of any mobile ladder
stand or scaffold. Where the basic mobile unit does not meet this
requirement, suitable outrigger frames shall be employed to achieve this
least base dimension, or provisions shall be made to guy or brace the
unit against tipping.
(ii) The minimum platform width for any work level shall not be less
than 20 inches for mobile scaffolds (towers). Ladder stands shall have a
minimum step width of 16 inches.
(iii) The supporting structure for the work level shall be rigidly
braced, using adequate cross bracing or diagonal bracing with rigid
platforms at each work level.
(iv) The steps of ladder stands shall be fabricated from slip
resistant treads.
(v) The work level platform of scaffolds (towers) shall be of wood,
aluminum, or plywood planking, steel or expanded metal, for the full
width of the scaffold, except for necessary openings. Work platforms
shall be secured in place. All planking shall be 2-inch (nominal)
scaffold grade minimum 1,500 f. (stress grade) construction grade lumber
or equivalent.
(vi) All scaffold work levels 10 feet or higher above the ground or
floor shall have a standard (4-inch nominal) toeboard.
(vii) All work levels 10 feet or higher above the ground or floor
shall have a guardrail of 2- by 4-inch nominal or the equivalent
installed no less than 36 inches or more than 42 inches high, with a
mid-rail, when required, of 1- by 4-inch nominal lumber or equivalent.
(viii) A climbing ladder or stairway shall be provided for proper
access and egress, and shall be affixed or built into the scaffold and
so located that its use will not have a tendency to tip the scaffold. A
landing platform shall be provided at intervals not to exceed 30 feet.
(4) Wheels or casters. (i) Wheels or casters shall be properly
designed for strength and dimensions to support four (4) times the
design working load.
(ii) All scaffold casters shall be provided with a positive wheel
and/or swivel lock to prevent movement. Ladder stands shall have at
least two (2) of the four (4) casters and shall be of the swivel type.
(iii) Where leveling of the elevated work platform is required,
screw jacks or other suitable means for adjusting the height shall be
provided in the base section of each mobile unit.
(b) Mobile tubular welded frame scaffolds--(1) General. Units shall
be designed to comply with the requirements of paragraph (a) of this
section.
(2) Bracing. Scaffolds shall be properly braced by cross braces and/
or diagonal braces for securing vertical members together laterally. The
cross braces shall be of a length that will automatically square and
align vertical members so the erected scaffold is always plumb, square,
and rigid.
(3) Spacing. Spacing of panels or frames shall be consistent with
the loads imposed. The frames shall be placed one on top of the other
with coupling or stacking pins to provide proper vertical alignment of
the legs.
(4) Locking. Where uplift may occur, panels shall be locked together
vertically by pins or other equivalent means.
(5) Erection. Only the manufacturer of a scaffold or his qualified
designated
[[Page 159]]
agent shall be permitted to erect or supervise the erection of scaffolds
exceeding 50 feet in height above the base, unless such structure is
approved in writing by a registered professional engineer, or erected in
accordance with instructions furnished by the manufacturer.
(c) Mobile tubular welded sectional folding scaffolds--(1) General.
Units including sectional stairway and sectional ladder scaffolds shall
be designed to comply with the requirements of paragraph (a) of this
section.
(2) Stairway. An integral stairway and work platform shall be
incorporated into the structure of each sectional folding stairway
scaffold.
(3) Bracing. An integral set of pivoting and hinged folding diagonal
and horizontal braces and a detachable work platform shall be
incorporated into the structure of each sectional folding ladder
scaffold.
(4) Sectional folding stairway scaffolds. Sectional folding stairway
scaffolds shall be designed as medium duty scaffolds except for high
clearance. These special base sections shall be designed as light duty
scaffolds. When upper sectional folding stairway scaffolds are used with
a special high clearance base, the load capacity of the entire scaffold
shall be reduced accordingly. The width of a sectional folding stairway
scaffold shall not exceed 4\1/2\ feet. The maximum length of a sectional
folding stairway scaffold shall not exceed 6 feet.
(5) Sectional folding ladder scaffolds. Sectional folding ladder
scaffolds shall be designed as light duty scaffolds including special
base (open end) sections which are designed for high clearance. For
certain special applications the six-foot (6[foot]) folding ladder
scaffolds, except for special high clearance base sections, shall be
designed for use as medium duty scaffolds. The width of a sectional
folding ladder scaffold shall not exceed 4\1/2\ feet. The maximum length
of a sectional folding ladder scaffold shall not exceed 6 feet 6 inches
for a six-foot (6[foot]) long unit, 8 feet 6 inches for an eight-foot
(8[foot]) unit or 10 feet 6 inches for a ten-foot (10[foot]) long unit.
(6) End frames. The end frames of sectional ladder and stairway
scaffolds shall be designed so that the horizontal bearers provide
supports for multiple planking levels.
(7) Erection. Only the manufacturer of the scaffold or his qualified
designated agent shall be permitted to erect or supervise the erection
of scaffolds exceeding 50 feet in height above the base, unless such
structure is approved in writing by a licensed professional engineer, or
erected in accordance with instructions furnished by the manufacturer.
(d) Mobile tube and coupler scaffolds--(1) Design. Units shall be
designed to comply with the applicable requirements of paragraph (a) of
this section.
(2) Material. The material used for the couplers shall be of a
structural type, such as a drop-forged steel, malleable iron or
structural grade aluminum. The use of gray cast iron is prohibited.
(3) Erection. Only the manufacturer of the scaffold or his qualified
designated agent shall be permitted to erect or supervise the erection
of scaffolds exceeding 50 feet in height above the base, unless such
structure is approved in writing by a licensed professional engineer, or
erected in accordance with instructions furnished by the manufacturer.
(e) Mobile work platforms--(1) Design. Units shall be designed for
the use intended and shall comply with the requirements of paragraph (a)
of this section.
(2) Base width. The minimum width of the base of mobile work
platforms shall not be less than 20 inches.
(3) Bracing. Adequate rigid diagonal bracing to vertical members
shall be provided.
(f) Mobile ladder stands--(1) Design. Units shall comply with
applicable requirements of paragraph (a) of this section.
(2) Base width. The minimum base width shall conform to paragraph
(a)(3)(i) of this section. The maximum length of the base section shall
be the total length of combined steps and top assembly, measured
horizontally, plus five-eighths inch per step of rise.
(3) Steps. Steps shall be uniformly spaced, and sloped, with a rise
of not less than nine (9) inches, nor more than ten (10) inches, and a
depth of not less seven (7) inches. The slope of the steps section shall
be a minimum of fifty-
[[Page 160]]
five (55) degrees and a maximum of sixty (60) degrees measured from the
horizontal.
(4) Handrails. (i) Units having more than five (5) steps or 60
inches vertical height to the top step shall be equipped with handrails.
(ii) Handrails shall be a minimum of 29 inches high. Measurements
shall be taken vertically from the center of the step.
(5) Loading. The load (see paragraph (a)(2)(ii)(a) of this section)
shall be applied uniformly to a 3\1/2\ inches wide area front to back at
the center of the width span with a safety factor of four (4).
Sec. 1910.30 Other working surfaces.
(a) Dockboards (bridge plates). (1) Portable and powered dockboards
shall be strong enough to carry the load imposed on them.
(2) Portable dockboards shall be secured in position, either by
being anchored or equipped with devices which will prevent their
slipping.
(3) Powered dockboards shall be designed and constructed in
accordance with Commercial Standard CS202-56 (1961) ``Industrial Lifts
and Hinged Loading Ramps published by the U.S. Department of Commerce,
which is incorporated by reference as specified in Sec. 1910.6.
(4) Handholds, or other effective means, shall be provided on
portable dockboards to permit safe handling.
(5) Positive protection shall be provided to prevent railroad cars
from being moved while dockboards or bridge plates are in position.
(b) Forging machine area. (1) Machines shall be so located as to
give (i) enough clearance between machines so that the movement of one
operator will not interfere with the work of another, (ii) ample room
for cleaning machines and handling the work, including material and
scrap. The arrangement of machines shall be such that operators will not
stand in aisles.
(2) Aisles shall be provided of sufficient width to permit the free
movement of employees bringing and removing material. This aisle space
is to be independent of working and storage space.
(3) Wood platforms used on the floor in front of machines shall be
substantially constructed.
(c) Veneer machinery. (1) Sides of steam vats shall extend to a
height of not less than 36 inches above the floor, working platform, or
ground.
(2) Large steam vats divided into sections shall be provided with
substantial walkways between sections. Each walkway shall be provided
with a standard handrail on each exposed side. These handrails may be
removable, if necessary.
(3) Covers shall be removed only from that portion of steaming vats
on which men are working and a portable railing shall be placed at this
point to protect the operators.
(4) Workmen shall not ride or step on logs in steam vats.
[39 FR 23502, June 27, 1974, as amended at 49 FR 5322, Feb. 10, 1984; 61
FR 9235, Mar. 7, 1996]
Subpart E_Exit Routes and Emergency Planning
Authority: 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.
Sec. 1910.33 Table of contents.
This section lists the sections and paragraph headings contained in
Sec. Sec. 1910.34 through 1910.39.
Sec. 1910.34 Coverage and definitions.
(a) Every employer is covered.
(b) Exit routes are covered.
(c) Definitions.
Sec. 1910.35 Compliance with Alternate Exit Route Codes.
Sec. 1910.36 Design and construction requirements for exit routes.
(a) Basic requirements.
(b) The number of exit routes must be adequate.
(c) Exit discharge.
(d) An exit door must be unlocked.
(e) A side-hinged exit door must be used.
(f) The capacity of an exit route must be adequate.
(g) An exit route must meet minimum height and width requirements.
(h) An outdoor exit route is permitted.
[[Page 161]]
Sec. 1910.37 Maintenance, safeguards, and operational features for exit
routes.
(a) The danger to employees must be minimized.
(b) Lighting and marking must be adequate and appropriate.
(c) The fire retardant properties of paints or solutions must be
maintained.
(d) Exit routes must be maintained during construction, repairs, or
alterations.
(e) An employee alarm system must be operable.
Sec. 1910.38 Emergency action plans.
(a) Application.
(b) Written and oral emergency action plans.
(c) Minimum elements of an emergency action plan.
(d) Employee alarm system.
(e) Training.
(f) Review of emergency action plan.
Sec. 1910.39 Fire prevention plans.
(a) Application.
(b) Written and oral fire prevention plans.
(c) Minimum elements of a fire prevention plan.
(d) Employee information.
[67 FR 67961, Nov. 7, 2002, as amended at 76 FR 33606, June 8, 2011]
Sec. 1910.34 Coverage and definitions.
(a) Every employer is covered. Sections 1910.34 through 1910.39
apply to workplaces in general industry except mobile workplaces such as
vehicles or vessels.
(b) Exits routes are covered. The rules in Sec. Sec. 1910.34
through 1910.39 cover the minimum requirements for exit routes that
employers must provide in their workplace so that employees may evacuate
the workplace safely during an emergency. Sections 1910.34 through
1910.39 also cover the minimum requirements for emergency action plans
and fire prevention plans.
(c) Definitions.
Electroluminescent means a light-emitting capacitor. Alternating
current excites phosphor atoms when placed between the electrically
conductive surfaces to produce light. This light source is typically
contained inside the device.
Exit means that portion of an exit route that is generally separated
from other areas to provide a protected way of travel to the exit
discharge. An example of an exit is a two-hour fire resistance-rated
enclosed stairway that leads from the fifth floor of an office building
to the outside of the building.
Exit access means that portion of an exit route that leads to an
exit. An example of an exit access is a corridor on the fifth floor of
an office building that leads to a two-hour fire resistance-rated
enclosed stairway (the Exit).
Exit discharge means the part of the exit route that leads directly
outside or to a street, walkway, refuge area, public way, or open space
with access to the outside. An example of an exit discharge is a door at
the bottom of a two-hour fire resistance-rated enclosed stairway that
discharges to a place of safety outside the building.
Exit route means a continuous and unobstructed path of exit travel
from any point within a workplace to a place of safety (including refuge
areas). An exit route consists of three parts: The exit access; the
exit; and, the exit discharge. (An exit route includes all vertical and
horizontal areas along the route.)
High hazard area means an area inside a workplace in which
operations include high hazard materials, processes, or contents.
Occupant load means the total number of persons that may occupy a
workplace or portion of a workplace at any one time. The occupant load
of a workplace is calculated by dividing the gross floor area of the
workplace or portion of the workplace by the occupant load factor for
that particular type of workplace occupancy. Information regarding the
``Occupant load'' is located in NFPA 101-2009, Life Safety Code, and in
IFC-2009, International Fire Code (incorporated by reference, see Sec.
1910.6).
Refuge area means either:
(1) A space along an exit route that is protected from the effects
of fire by separation from other spaces within the building by a barrier
with at least a one-hour fire resistance-rating; or
(2) A floor with at least two spaces, separated from each other by
smoke-resistant partitions, in a building protected throughout by an
automatic sprinkler system that complies with Sec. 1910.159 of this
part.
Self-luminous means a light source that is illuminated by a self-
contained power source (e.g., tritium) and that
[[Page 162]]
operates independently from external power sources. Batteries are not
acceptable self-contained power sources. The light source is typically
contained inside the device.
[67 FR 67961, Nov. 7, 2002, as amended at 76 FR 33606, June 8, 2011]
Sec. 1910.35 Compliance with alternate exit-route codes.
OSHA will deem an employer demonstrating compliance with the exit-
route provisions of NFPA 101, Life Safety Code, 2009 edition, or the
exit-route provisions of the International Fire Code, 2009 edition, to
be in compliance with the corresponding requirements in Sec. Sec.
1910.34, 1910.36, and 1910.37 (incorporated by reference, see section
Sec. 1910.6).
[76 FR 33606, June 8, 2011]
Sec. 1910.36 Design and construction requirements for exit routes.
(a) Basic requirements. Exit routes must meet the following design
and construction requirements:
(1) An exit route must be permanent. Each exit route must be a
permanent part of the workplace.
(2) An exit must be separated by fire resistant materials.
Construction materials used to separate an exit from other parts of the
workplace must have a one-hour fire resistance-rating if the exit
connects three or fewer stories and a two-hour fire resistance-rating if
the exit connects four or more stories.
(3) Openings into an exit must be limited. An exit is permitted to
have only those openings necessary to allow access to the exit from
occupied areas of the workplace, or to the exit discharge. An opening
into an exit must be protected by a self-closing fire door that remains
closed or automatically closes in an emergency upon the sounding of a
fire alarm or employee alarm system. Each fire door, including its frame
and hardware, must be listed or approved by a nationally recognized
testing laboratory. Section 1910.155(c)(3)(iv)(A) of this part defines
``listed'' and Sec. 1910.7 of this part defines a ``nationally
recognized testing laboratory.''
(b) The number of exit routes must be adequate--(1) Two exit routes.
At least two exit routes must be available in a workplace to permit
prompt evacuation of employees and other building occupants during an
emergency, except as allowed in paragraph (b)(3) of this section. The
exit routes must be located as far away as practical from each other so
that if one exit route is blocked by fire or smoke, employees can
evacuate using the second exit route.
(2) More than two exit routes. More than two exit routes must be
available in a workplace if the number of employees, the size of the
building, its occupancy, or the arrangement of the workplace is such
that all employees would not be able to evacuate safely during an
emergency.
(3) A single exit route. A single exit route is permitted where the
number of employees, the size of the building, its occupancy, or the
arrangement of the workplace is such that all employees would be able to
evacuate safely during an emergency.
Note to paragraph (b) of this section: For assistance in
determining the number of exit routes necessary for your workplace,
consult NFPA 101-2009, Life Safety Code, or IFC-2009, International Fire
Code (incorporated by reference, see Sec. 1910.6).
(c) Exit discharge. (1) Each exit discharge must lead directly
outside or to a street, walkway, refuge area, public way, or open space
with access to the outside.
(2) The street, walkway, refuge area, public way, or open space to
which an exit discharge leads must be large enough to accommodate the
building occupants likely to use the exit route.
(3) Exit stairs that continue beyond the level on which the exit
discharge is located must be interrupted at that level by doors,
partitions, or other effective means that clearly indicate the direction
of travel leading to the exit discharge.
(d) An exit door must be unlocked. (1) Employees must be able to
open an exit route door from the inside at all times without keys,
tools, or special knowledge. A device such as a panic bar that locks
only from the outside is permitted on exit discharge doors.
(2) Exit route doors must be free of any device or alarm that could
restrict emergency use of the exit route if the device or alarm fails.
[[Page 163]]
(3) An exit route door may be locked from the inside only in mental,
penal, or correctional facilities and then only if supervisory personnel
are continuously on duty and the employer has a plan to remove occupants
from the facility during an emergency.
(e) A side-hinged exit door must be used. (1) A side-hinged door
must be used to connect any room to an exit route.
(2) The door that connects any room to an exit route must swing out
in the direction of exit travel if the room is designed to be occupied
by more than 50 people or if the room is a high hazard area (i.e.,
contains contents that are likely to burn with extreme rapidity or
explode).
(f) The capacity of an exit route must be adequate. (1) Exit routes
must support the maximum permitted occupant load for each floor served.
(2) The capacity of an exit route may not decrease in the direction
of exit route travel to the exit discharge.
Note to paragraph (f) of this section: Information regarding the
``Occupant load'' is located in NFPA 101-2009, Life Safety Code, and in
IFC-2009, International Fire Code (incorporated by reference, see Sec.
1910.6).
(g) An exit route must meet minimum height and width requirements.
(1) The ceiling of an exit route must be at least seven feet six inches
(2.3 m) high. Any projection from the ceiling must not reach a point
less than six feet eight inches (2.0 m) from the floor.
(2) An exit access must be at least 28 inches (71.1 cm) wide at all
points. Where there is only one exit access leading to an exit or exit
discharge, the width of the exit and exit discharge must be at least
equal to the width of the exit access.
(3) The width of an exit route must be sufficient to accommodate the
maximum permitted occupant load of each floor served by the exit route.
(4) Objects that project into the exit route must not reduce the
width of the exit route to less than the minimum width requirements for
exit routes.
(h) An outdoor exit route is permitted. Each outdoor exit route must
meet the minimum height and width requirements for indoor exit routes
and must also meet the following requirements:
(1) The outdoor exit route must have guardrails to protect
unenclosed sides if a fall hazard exists;
(2) The outdoor exit route must be covered if snow or ice is likely
to accumulate along the route, unless the employer can demonstrate that
any snow or ice accumulation will be removed before it presents a
slipping hazard;
(3) The outdoor exit route must be reasonably straight and have
smooth, solid, substantially level walkways; and
(4) The outdoor exit route must not have a dead-end that is longer
than 20 feet (6.2 m).
[67 FR 67961, Nov. 7, 2002, as amended at 76 FR 33606, June 8, 2011]
Sec. 1910.37 Maintenance, safeguards, and operational features for
exit routes.
(a) The danger to employees must be minimized. (1) Exit routes must
be kept free of explosive or highly flammable furnishings or other
decorations.
(2) Exit routes must be arranged so that employees will not have to
travel toward a high hazard area, unless the path of travel is
effectively shielded from the high hazard area by suitable partitions or
other physical barriers.
(3) Exit routes must be free and unobstructed. No materials or
equipment may be placed, either permanently or temporarily, within the
exit route. The exit access must not go through a room that can be
locked, such as a bathroom, to reach an exit or exit discharge, nor may
it lead into a dead-end corridor. Stairs or a ramp must be provided
where the exit route is not substantially level.
(4) Safeguards designed to protect employees during an emergency
(e.g., sprinkler systems, alarm systems, fire doors, exit lighting) must
be in proper working order at all times.
(b) Lighting and marking must be adequate and appropriate. (1) Each
exit route must be adequately lighted so that an employee with normal
vision can see along the exit route.
(2) Each exit must be clearly visible and marked by a sign reading
``Exit.''
(3) Each exit route door must be free of decorations or signs that
obscure the visibility of the exit route door.
[[Page 164]]
(4) If the direction of travel to the exit or exit discharge is not
immediately apparent, signs must be posted along the exit access
indicating the direction of travel to the nearest exit and exit
discharge. Additionally, the line-of-sight to an exit sign must clearly
be visible at all times.
(5) Each doorway or passage along an exit access that could be
mistaken for an exit must be marked ``Not an Exit'' or similar
designation, or be identified by a sign indicating its actual use (e.g.,
closet).
(6) Each exit sign must be illuminated to a surface value of at
least five foot-candles (54 lux) by a reliable light source and be
distinctive in color. Self-luminous or electroluminescent signs that
have a minimum luminance surface value of at least .06 footlamberts
(0.21 cd/m\2\) are permitted.
(7) Each exit sign must have the word ``Exit'' in plainly legible
letters not less than six inches (15.2 cm) high, with the principal
strokes of the letters in the word ``Exit'' not less than three-fourths
of an inch (1.9 cm) wide.
(c) The fire retardant properties of paints or solutions must be
maintained. Fire retardant paints or solutions must be renewed as often
as necessary to maintain their fire retardant properties.
(d) Exit routes must be maintained during construction, repairs, or
alterations. (1) During new construction, employees must not occupy a
workplace until the exit routes required by this subpart are completed
and ready for employee use for the portion of the workplace they occupy.
(2) During repairs or alterations, employees must not occupy a
workplace unless the exit routes required by this subpart are available
and existing fire protections are maintained, or until alternate fire
protection is furnished that provides an equivalent level of safety.
(3) Employees must not be exposed to hazards of flammable or
explosive substances or equipment used during construction, repairs, or
alterations, that are beyond the normal permissible conditions in the
workplace, or that would impede exiting the workplace.
(e) An employee alarm system must be operable. Employers must
install and maintain an operable employee alarm system that has a
distinctive signal to warn employees of fire or other emergencies,
unless employees can promptly see or smell a fire or other hazard in
time to provide adequate warning to them. The employee alarm system must
comply with Sec. 1910.165.
[67 FR 67961, Nov. 7, 2002]
Sec. 1910.38 Emergency action plans.
(a) Application. An employer must have an emergency action plan
whenever an OSHA standard in this part requires one. The requirements in
this section apply to each such emergency action plan.
(b) Written and oral emergency action plans. An emergency action
plan must be in writing, kept in the workplace, and available to
employees for review. However, an employer with 10 or fewer employees
may communicate the plan orally to employees.
(c) Minimum elements of an emergency action plan. An emergency
action plan must include at a minimum:
(1) Procedures for reporting a fire or other emergency;
(2) Procedures for emergency evacuation, including type of
evacuation and exit route assignments;
(3) Procedures to be followed by employees who remain to operate
critical plant operations before they evacuate;
(4) Procedures to account for all employees after evacuation;
(5) Procedures to be followed by employees performing rescue or
medical duties; and
(6) The name or job title of every employee who may be contacted by
employees who need more information about the plan or an explanation of
their duties under the plan.
(d) Employee alarm system. An employer must have and maintain an
employee alarm system. The employee alarm system must use a distinctive
signal for each purpose and comply with the requirements in Sec.
1910.165.
(e) Training. An employer must designate and train employees to
assist in a safe and orderly evacuation of other employees.
(f) Review of emergency action plan. An employer must review the
emergency action plan with each employee covered by the plan:
[[Page 165]]
(1) When the plan is developed or the employee is assigned initially
to a job;
(2) When the employee's responsibilities under the plan change; and
(3) When the plan is changed.
[67 FR 67961, Nov. 7, 2002]
Sec. 1910.39 Fire prevention plans.
(a) Application. An employer must have a fire prevention plan when
an OSHA standard in this part requires one. The requirements in this
section apply to each such fire prevention plan.
(b) Written and oral fire prevention plans. A fire prevention plan
must be in writing, be kept in the workplace, and be made available to
employees for review. However, an employer with 10 or fewer employees
may communicate the plan orally to employees.
(c) Minimum elements of a fire prevention plan. A fire prevention
plan must include:
(1) A list of all major fire hazards, proper handling and storage
procedures for hazardous materials, potential ignition sources and their
control, and the type of fire protection equipment necessary to control
each major hazard;
(2) Procedures to control accumulations of flammable and combustible
waste materials;
(3) Procedures for regular maintenance of safeguards installed on
heat-producing equipment to prevent the accidental ignition of
combustible materials;
(4) The name or job title of employees responsible for maintaining
equipment to prevent or control sources of ignition or fires; and
(5) The name or job title of employees responsible for the control
of fuel source hazards.
(d) Employee information. An employer must inform employees upon
initial assignment to a job of the fire hazards to which they are
exposed. An employer must also review with each employee those parts of
the fire prevention plan necessary for self-protection.
[67 FR 67961, Nov. 7, 2002]
Sec. Appendix to Subpart E of Part 1910--Exit Routes, Emergency Action
Plans, and Fire Prevention Plans
This appendix serves as a nonmandatory guideline to assist employers
in complying with the appropriate requirements of subpart E.
Sec. 1910.38 Employee emergency plans.
1. Emergency action plan elements. The emergency action plan should
address emergencies that the employer may reasonably expect in the
workplace. Examples are: fire; toxic chemical releases; hurricanes;
tornadoes; blizzards; floods; and others. The elements of the emergency
action plan presented in paragraph 1910.38(c) can be supplemented by the
following to more effectively achieve employee safety and health in an
emergency. The employer should list in detail the procedures to be taken
by those employees who have been selected to remain behind to care for
essential plant operations until their evacuation becomes absolutely
necessary. Essential plant operations may include the monitoring of
plant power supplies, water supplies, and other essential services which
cannot be shut down for every emergency alarm. Essential plant
operations may also include chemical or manufacturing processes which
must be shut down in stages or steps where certain employees must be
present to assure that safe shut down procedures are completed.
The use of floor plans or workplace maps which clearly show the
emergency escape routes should be included in the emergency action plan.
Color coding will aid employees in determining their route assignments.
The employer should also develop and explain in detail what rescue
and medical first aid duties are to be performed and by whom. All
employees are to be told what actions they are to take in these
emergency situations that the employer anticipates may occur in the
workplace.
2. Emergency evacuation. At the time of an emergency, employees
should know what type of evacuation is necessary and what their role is
in carrying out the plan. In some cases where the emergency is very
grave, total and immediate evacuation of all employees is necessary. In
other emergencies, a partial evacuation of nonessential employees with a
delayed evacuation of others may be necessary for continued plant
operation. In some cases, only those employees in the immediate area of
the fire may be expected to evacuate or move to a safe area such as when
a local application fire suppression system discharge employee alarm is
sounded. Employees must be sure that they know what is expected of them
in all such emergency possibilities which have been
[[Page 166]]
planned in order to provide assurance of their safety from fire or other
emergency.
The designation of refuge or safe areas for evacuation should be
determined and identified in the plan. In a building divided into fire
zones by fire walls, the refuge area may still be within the same
building but in a different zone from where the emergency occurs.
Exterior refuge or safe areas may include parking lots, open fields
or streets which are located away from the site of the emergency and
which provide sufficient space to accommodate the employees. Employees
should be instructed to move away from the exit discharge doors of the
building, and to avoid congregating close to the building where they may
hamper emergency operations.
3. Emergency action plan training. The employer should assure that
an adequate number of employees are available at all times during
working hours to act as evacuation wardens so that employees can be
swiftly moved from the danger location to the safe areas. Generally, one
warden for each twenty employees in the workplace should be able to
provide adequate guidance and instruction at the time of a fire
emergency. The employees selected or who volunteer to serve as wardens
should be trained in the complete workplace layout and the various
alternative escape routes from the workplace. All wardens and fellow
employees should be made aware of handicapped employees who may need
extra assistance, such as using the buddy system, and of hazardous areas
to be avoided during emergencies. Before leaving, wardens should check
rooms and other enclosed spaces in the workplace for employees who may
be trapped or otherwise unable to evacuate the area.
After the desired degree of evacuation is completed, the wardens
should be able to account for or otherwise verify that all employees are
in the safe areas.
In buildings with several places of employment, employers are
encouraged to coordinate their plans with the other employers in the
building. A building-wide or standardized plan for the whole building is
acceptable provided that the employers inform their respective employees
of their duties and responsibilities under the plan. The standardized
plan need not be kept by each employer in the multi-employer building,
provided there is an accessible location within the building where the
plan can be reviewed by affected employees. When multi-employer
building-wide plans are not feasible, employers should coordinate their
plans with the other employers within the building to assure that
conflicts and confusion are avoided during times of emergencies. In
multi-story buildings where more than one employer is on a single floor,
it is essential that these employers coordinate their plans with each
other to avoid conflicts and confusion.
4. Fire prevention housekeeping. The standard calls for the control
of accumulations of flammable and combustible waste materials.
It is the intent of this standard to assure that hazardous
accumulations of combustible waste materials are controlled so that a
fast developing fire, rapid spread of toxic smoke, or an explosion will
not occur. This does not necessarily mean that each room has to be swept
each day. Employers and employees should be aware of the hazardous
properties of materials in their workplaces, and the degree of hazard
each poses. Certainly oil soaked rags have to be treated differently
than general paper trash in office areas. However, large accumulations
of waste paper or corrugated boxes, etc., can pose a significant fire
hazard. Accumulations of materials which can cause large fires or
generate dense smoke that are easily ignited or may start from
spontaneous combustion, are the types of materials with which this
standard is concerned. Such combustible materials may be easily ignited
by matches, welder's sparks, cigarettes and similar low level energy
ignition sources.
5. Maintenance of equipment under the fire prevention plan. Certain
equipment is often installed in workplaces to control heat sources or to
detect fuel leaks. An example is a temperature limit switch often found
on deep-fat food fryers found in restaurants. There may be similar
switches for high temperature dip tanks, or flame failure and flashback
arrester devices on furnaces and similar heat producing equipment. If
these devices are not properly maintained or if they become inoperative,
a definite fire hazard exists. Again employees and supervisors should be
aware of the specific type of control devices on equipment involved with
combustible materials in the workplace and should make sure, through
periodic inspection or testing, that these controls are operable.
Manufacturers' recommendations should be followed to assure proper
maintenance procedures.
[45 FR 60714, Sept. 12, 1980]
Subpart F_Powered Platforms, Manlifts, and Vehicle-Mounted Work
Platforms
Authority: 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), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), as applicable; and
29 CFR part 1911.
Sec. 1910.66 Powered platforms for building maintenance.
(a) Scope. This section covers powered platform installations
permanently
[[Page 167]]
dedicated to interior or exterior building maintenance of a specific
structure or group of structures. This section does not apply to
suspended scaffolds (swinging scaffolds) used to service buildings on a
temporary basis and covered under subpart D of this part, nor to
suspended scaffolds used for construction work and covered under subpart
L of 29 CFR part 1926. Building maintenance includes, but is not limited
to, such tasks as window cleaning, caulking, metal polishing and
reglazing.
(b) Application--(1) New installations. This section applies to all
permanent installations completed after July 23, 1990. Major
modifications to existing installations completed after that date are
also considered new installations under this section.
(2) Existing installations. (i) Permanent installations in existence
and/or completed before July 23, 1990 shall comply with paragraphs (g),
(h), (i), (j) and appendix C of this section.
(ii) In addition, permanent installations completed after August 27,
1971, and in existence and/or completed before July 23, 1990, shall
comply with appendix D of this section.
(c) Assurance. (1) Building owners of new installations shall inform
the employer before each use in writing that the installation meets the
requirements of paragraphs (e)(1) and (f)(1) of this section and the
additional design criteria contained in other provisions of paragraphs
(e) and (f) of this section relating to: required load sustaining
capabilities of platforms, building components, hoisting and supporting
equipment; stability factors for carriages, platforms and supporting
equipment; maximum horizontal force for movement of carriages and
davits; design of carriages, hoisting machines, wire rope and
stabilization systems; and design criteria for electrical wiring and
equipment.
(2) Building owners shall base the information required in paragraph
(c)(1) of this section on the results of a field test of the
installation before being placed into service and following any major
alteration to an existing installation, as required in paragraph (g)(1)
of this section. The assurance shall also be based on all other relevant
available information, including, but not limited to, test data,
equipment specifications and verification by a registered professional
engineer.
(3) Building owners of all installations, new and existing, shall
inform the employer in writing that the installation has been inspected,
tested and maintained in compliance with the requirements of paragraphs
(g) and (h) of this section and that all protection anchorages meet the
requirements of paragraph (I)(c)(10) of appendix C.
(4) The employer shall not permit employees to use the installation
prior to receiving assurance from the building owner that the
installation meets the requirements contained in paragraphs (c)(1) and
(c)(3) of this section.
(d) Definitions.
Anemometer means an instrument for measuring wind velocity.
Angulated roping means a suspension method where the upper point of
suspension is inboard from the attachments on the suspended unit, thus
causing the suspended unit to bear against the face of the building.
Building face roller means a rotating cylindrical member designed to
ride on the face of the building wall to prevent the platform from
abrading the face of the building and to assist in stabilizing the
platform.
Building maintenance means operations such as window cleaning,
caulking, metal polishing, reglazing, and general maintenance on
building surfaces.
Cable means a conductor, or group of conductors, enclosed in a
weatherproof sheath, that may be used to supply electrical power and/or
control current for equipment or to provide voice communication
circuits.
Carriage means a wheeled vehicle used for the horizontal movement
and support of other equipment.
Certification means a written, signed and dated statement confirming
the performance of a requirement of this section.
Combination cable means a cable having both steel structural members
capable of supporting the platform, and copper or other electrical
conductors insulated from each other and the structural members by
nonconductive barriers.
[[Page 168]]
Competent person means a person who, because of training and
experience, is capable of identifying hazardous or dangerous conditions
in powered platform installations and of training employees to identify
such conditions.
Continuous pressure means the need for constant manual actuation for
a control to function.
Control means a mechanism used to regulate or guide the operation of
the equipment.
Davit means a device, used singly or in pairs, for suspending a
powered platform from work, storage and rigging locations on the
building being serviced. Unlike outriggers, a davit reacts its operating
load into a single roof socket or carriage attachment.
Equivalent means alternative designs, materials or methods which the
employer can demonstrate will provide an equal or greater degree of
safety for employees than the methods, materials or designs specified in
the standard.
Ground rigging means a method of suspending a working platform
starting from a safe surface to a point of suspension above the safe
surface.
Ground rigged davit means a davit which cannot be used to raise a
suspended working platform above the building face being serviced.
Guide button means a building face anchor designed to engage a guide
track mounted on a platform.
Guide roller means a rotating cylindrical member, operating
separately or as part of a guide assembly, designed to provide
continuous engagement between the platform and the building guides or
guideways.
Guide shoe means a device attached to the platform designed to
provide a sliding contact between the platform and the building guides.
Hoisting machine means a device intended to raise and lower a
suspended or supported unit.
Hoist rated load means the hoist manufacturer's maximum allowable
operating load.
Installation means all the equipment and all affected parts of a
building which are associated with the performance of building
maintenance using powered platforms.
Interlock means a device designed to ensure that operations or
motions occur in proper sequence.
Intermittent stabilization means a method of platform stabilization
in which the angulated suspension wire rope(s) are secured to regularly
spaced building anchors.
Lanyard means a flexible line of rope, wire rope or strap which is
used to secure 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.
Live load means the total static weight of workers, tools, parts,
and supplies that the equipment is designed to support.
Obstruction detector means a control that will stop the suspended or
supported unit in the direction of travel if an obstruction is
encountered, and will allow the unit to move only in a direction away
from the obstruction.
Operating control means a mechanism regulating or guiding the
operation of equipment that ensures a specific operating mode.
Operating device means a device actuated manually to activate a
control.
Outrigger means a device, used singly or in pairs, for suspending a
working platform from work, storage, and rigging locations on the
building being serviced. Unlike davits, an outrigger reacts its
operating moment load as at least two opposing vertical components
acting into two or more distinct roof points and/or attachments.
Platform rated load means the combined weight of workers, tools,
equipment and other material which is permitted to be carried by the
working platform at the installation, as stated on the load rating
plate.
Poured socket means the method of providing wire rope terminations
in which the ends of the rope are held in a tapered socket by means of
poured spelter or resins.
[[Page 169]]
Primary brake means a brake designed to be applied automatically
whenever power to the prime mover is interrupted or discontinued.
Prime mover means the source of mechanical power for a machine.
Rated load means the manufacturer's recommended maximum load.
Rated strength means the strength of wire rope, as designated by its
manufacturer or vendor, based on standard testing procedures or
acceptable engineering design practices.
Rated working load means the combined static weight of men,
materials, and suspended or supported equipment.
Registered professional engineer means a person who has been duly
and currently registered and licensed by an authority within the United
States or its territories to practice the profession of engineering.
Roof powered platform means a working platform where the hoist(s)
used to raise or lower the platform is located on the roof.
Roof rigged davit means a davit used to raise the suspended working
platform above the building face being serviced. This type of davit can
also be used to raise a suspended working platform which has been
ground-rigged.
Rope means the equipment used to suspend a component of an equipment
installation, i.e., wire rope.
Safe surface means a horizontal surface intended to be occupied by
personnel, which is so protected by a fall protection system that it can
be reasonably assured that said occupants will be protected against
falls.
Secondary brake means a brake designed to arrest the descent of the
suspended or supported equipment in the event of an overspeed condition.
Self powered platform means a working platform where the hoist(s)
used to raise or lower the platform is mounted on the platform.
Speed reducer means a positive type speed reducing machine.
Stability factor means the ratio of the stabilizing moment to the
overturning moment.
Stabilizer tie means a flexible line connecting the building anchor
and the suspension wire rope supporting the platform.
Supported equipment means building maintenance equipment that is
held or moved to its working position by means of attachment directly to
the building or extensions of the building being maintained.
Suspended equipment means building maintenance equipment that is
suspended and raised or lowered to its working position by means of
ropes or combination cables attached to some anchorage above the
equipment.
Suspended scaffold (swinging scaffold) means a scaffold supported on
wire or other ropes, used for work on, or for providing access to,
vertical sides of structures on a temporary basis. Such scaffold is not
designed for use on a specific structure or group of structures.
Tail line means the nonsupporting end of the wire rope used to
suspend the platform.
Tie-in guides means the portion of a building that provides
continuous positive engagement between the building and a suspended or
supported unit during its vertical travel on the face of the building.
Traction hoist means a type of hoisting machine that does not
accumulate the suspension wire rope on the hoisting drum or sheave, and
is designed to raise and lower a suspended load by the application of
friction forces between the suspension wire rope and the drum or sheave.
Transportable outriggers means outriggers designed to be moved from
one work location to another.
Trolley carriage means a carriage suspended from an overhead track
structure.
Verified means accepted by design, evaluation, or inspection by a
registered professional engineer.
Weatherproof means so constructed that exposure to adverse weather
conditions will not affect or interfere with the proper use or functions
of the equipment or component.
Winding drum hoist means a type of hoisting machine that accumulates
the suspension wire rope on the hoisting drum.
Working platform means suspended or supported equipment intended to
provide access to the face of a building and
[[Page 170]]
manned by persons engaged in building maintenance.
Wrap means one complete turn of the suspension wire rope around the
surface of a hoist drum.
(e) Powered platform installations--Affected parts of buildings--(1)
General requirements. The following requirements apply to affected parts
of buildings which utilize working platforms for building maintenance.
(i) Structural supports, tie-downs, tie-in guides, anchoring devices
and any affected parts of the building included in the installation
shall be designed by or under the direction of a registered professional
engineer experienced in such design;
(ii) Exterior installations shall be capable of withstanding
prevailing climatic conditions;
(iii) The building installation shall provide safe access to, and
egress from, the equipment and sufficient space to conduct necessary
maintenance of the equipment;
(iv) The affected parts of the building shall have the capability of
sustaining all the loads imposed by the equipment; and,
(v) The affected parts of the building shall be designed so as to
allow the equipment to be used without exposing employees to a hazardous
condition.
(2) Tie-in guides. (i) The exterior of each building shall be
provided with tie-in guides unless the conditions in paragraph
(e)(2)(ii) or (e)(2)(iii) of this section are met.
Note: See figure 1 in appendix B of this section for a description
of a typical continuous stabilization system utilizing tie-in guides.
(ii) If angulated roping is employed, tie-in guides required in
paragraph (e)(2)(i) of this section may be eliminated for not more than
75 feet (22.9 m) of the uppermost elevation of the building, if
infeasible due to exterior building design, provided an angulation force
of at least 10 pounds (44.4 n) is maintained under all conditions of
loading.
(iii) Tie-in guides required in paragraph (e)(2)(i) of this section
may be eliminated if one of the guide systems in paragraph
(e)(2)(iii)(A), (e)(2)(iii)(B) or (e)(2)(iii)(C) of this section is
provided, or an equivalent.
(A) Intermittent stabilization system. The system shall keep the
equipment in continuous contact with the building facade, and shall
prevent sudden horizontal movement of the platform. The system may be
used together with continuous positive building guide systems using tie-
in guides on the same building, provided the requirements for each
system are met.
(1) The maximum vertical interval between building anchors shall be
three floors or 50 feet (15.3 m), whichever is less.
(2) Building anchors shall be located vertically so that attachment
of the stabilizer ties will not cause the platform suspension ropes to
angulate the platform horizontally across the face of the building. The
anchors shall be positioned horizontally on the building face so as to
be symmetrical about the platform suspension ropes.
(3) Building anchors shall be easily visible to employees and shall
allow a stabilizer tie attachment for each of the platform suspension
ropes at each vertical interval. If more than two suspension ropes are
used on a platform, only the two building-side suspension ropes at the
platform ends shall require a stabilizer attachment.
(4) Building anchors which extend beyond the face of the building
shall be free of sharp edges or points. Where cables, suspension wire
ropes and lifelines may be in contact with the building face, external
building anchors shall not interfere with their handling or operation.
(5) The intermittent stabilization system building anchors and
components shall be capable of sustaining without failure at least four
times the maximum anticipated load applied or transmitted to the
components and anchors. The minimum design wind load for each anchor
shall be 300 (1334 n) pounds, if two anchors share the wind load.
(6) The building anchors and stabilizer ties shall be capable of
sustaining anticipated horizontal and vertical loads from winds
specified for roof storage design which may act on the platform and wire
ropes if the platform is stranded on a building face. If the building
anchors have different spacing than the suspension wire rope
[[Page 171]]
or if the building requires different suspension spacings on one
platform, one building anchor and stabilizer tie shall be capable of
sustaining the wind loads.
Note: See figure 2 in appendix B of this section for a description
of a typical intermittent stabilization system.
(B) Button guide stabilization system.
(1) Guide buttons shall be coordinated with platform mounted
equipment of paragraph (f)(5)(vi) of this section.
(2) Guide buttons shall be located horizontally on the building face
so as to allow engagement of each of the guide tracks mounted on the
platform.
(3) Guide buttons shall be located in vertical rows on the building
face for proper engagement of the guide tracks mounted on the platform.
(4) Two guide buttons shall engage each guide track at all times
except for the initial engagement.
(5) Guide buttons which extend beyond the face of the building shall
be free of sharp edges or points. Where cables, ropes and lifelines may
be in contact with the building face, guide buttons shall not interfere
with their handling or operation.
(6) Guide buttons, connections and seals shall be capable of
sustaining without damage at least the weight of the platform, or
provision shall be made in the guide tracks or guide track connectors to
prevent the platform and its attachments from transmitting the weight of
the platform to the guide buttons, connections and seals. In either
case, the minimum design load shall be 300 pounds (1334 n) per building
anchor.
Note: See paragraph (f)(5)(vi) of this section for relevant
equipment provisions.
Note: See figure 3 in appendix B of this section for a description
of a typical button guide stabilization system.
(C) System utilizing angulated roping and building face rollers. The
system shall keep the equipment in continuous contact with the building
facade, and shall prevent sudden horizontal movement of the platform.
This system is acceptable only where the suspended portion of the
equipment in use does not exceed 130 feet (39.6 m) above a safe surface
or ground level, and where the platform maintains no less than 10 pounds
(44.4 n) angulation force on the building facade.
(iv) Tie-in guides for building interiors (atriums) may be
eliminated when a registered professional engineer determines that an
alternative stabilization system, including systems in paragraphs
(e)(2)(iii) (A), (B) and (C), or a platform tie-off at each work station
will provide equivalent safety.
(3) Roof guarding. (i) Employees working on roofs while performing
building maintenance shall be protected by a perimeter guarding system
which meets the requirements of paragraph (c)(1) of Sec. 1910.23 of
this part.
(ii) The perimeter guard shall not be more than six inches (152 mm)
inboard of the inside face of a barrier, i.e. the parapet wall, or roof
edge curb of the building being serviced; however, the perimeter guard
location shall not exceed an 18 inch (457 mm) setback from the exterior
building face.
(4) Equipment stops. Operational areas for trackless type equipment
shall be provided with structural stops, such as curbs, to prevent
equipment from traveling outside its intended travel areas and to
prevent a crushing or shearing hazard.
(5) Maintenance access. Means shall be provided to traverse all
carriages and their suspended equipment to a safe area for maintenance
and storage.
(6) Elevated track. (i) An elevated track system which is located
four feet (1.2 m) or more above a safe surface, and traversed by
carriage supported equipment, shall be provided with a walkway and
guardrail system; or
(ii) The working platform shall be capable of being lowered, as part
of its normal operation, to the lower safe surface for access and egress
of the personnel and shall be provided with a safe means of access and
egress to the lower safe surface.
(7) Tie-down anchors. Imbedded tie-down anchors, fasteners, and
affected structures shall be resistant to corrosion.
(8) Cable stabilization. (i) Hanging lifelines and all cables not in
tension shall be stabilized at each 200 foot (61 m) interval of vertical
travel of the working platform beyond an initial 200 foot (61 m)
distance.
[[Page 172]]
(ii) Hanging cables, other than suspended wire ropes, which are in
constant tension shall be stabilized when the vertical travel exceeds an
initial 600 foot (183 m) distance, and at further intervals of 600 feet
(183 m) or less.
(9) Emergency planning. A written emergency action plan shall be
developed and implemented for each kind of working platform operation.
This plan shall explain the emergency procedures which are to be
followed in the event of a power failure, equipment failure or other
emergencies which may be encountered. The plan shall also explain that
employees inform themselves about the building emergency escape routes,
procedures and alarm systems before operating a platform. Upon initial
assignment and whenever the plan is changed the employer shall review
with each employee those parts of the plan which the employee must know
to protect himself or herself in the event of an emergency.
(10) Building maintenance. Repairs or major maintenance of those
building portions that provide primary support for the suspended
equipment shall not affect the capability of the building to meet the
requirements of this standard.
(11) Electrical requirements. The following electrical requirements
apply to buildings which utilize working platforms for building
maintenance.
(i) General building electrical installations shall comply with
Sec. Sec. 1910.302 through 1910.308 of this part, unless otherwise
specified in this section;
(ii) Building electrical wiring shall be of such capacity that when
full load is applied to the equipment power circuit not more than a five
percent drop from building service-vault voltage shall occur at any
power circuit outlet used by equipment regulated by this section;
(iii) The equipment power circuit shall be an independent electrical
circuit that shall remain separate from all other equipment within or on
the building, other than power circuits used for hand tools that will be
used in conjunction with the equipment. If the building is provided with
an emergency power system, the equipment power circuit may also be
connected to this system;
(iv) The power circuit shall be provided with a disconnect switch
that can be locked in the ``OFF'' and ``ON'' positions. The switch shall
be conveniently located with respect to the primary operating area of
the equipment to allow the operators of the equipment access to the
switch;
(v) The disconnect switch for the power circuit shall be locked in
the ``ON'' position when the equipment is in use; and
(vi) An effective two-way voice communication system shall be
provided between the equipment operators and persons stationed within
the building being serviced. The communications facility shall be
operable and shall be manned at all times by persons stationed within
the building whenever the platform is being used.
(f) Powered platform installations--Equipment--(1) General
requirements. The following requirements apply to equipment which are
part of a powered platform installation, such as platforms, stabilizing
components, carriages, outriggers, davits, hoisting machines, wire ropes
and electrical components.
(i) Equipment installations shall be designed by or under the
direction of a registered professional engineer experienced in such
design;
(ii) The design shall provide for a minimum live load of 250 pounds
(113.6 kg) for each occupant of a suspended or supported platform;
(iii) Equipment that is exposed to wind when not in service shall be
designed to withstand forces generated by winds of at least 100 miles
per hour (44.7 m/s) at 30 feet (9.2 m) above grade; and
(iv) Equipment that is exposed to wind when in service shall be
designed to withstand forces generated by winds of at least 50 miles per
hour (22.4 m/s) for all elevations.
(2) Construction requirements. Bolted connections shall be self-
locking or shall otherwise be secured to prevent loss of the connections
by vibration.
(3) Suspension methods. Elevated building maintenance equipment
shall be suspended by a carriage, outriggers, davits or an equivalent
method.
[[Page 173]]
(i) Carriages. Carriages used for suspension of elevated building
maintenance equipment shall comply with the following:
(A) The horizontal movement of a carriage shall be controlled so as
to ensure its safe movement and allow accurate positioning of the
platform for vertical travel or storage;
(B) Powered carriages shall not exceed a traversing speed of 50 feet
per minute (0.3 m/s);
(C) The initiation of a traversing movement for a manually propelled
carriage on a smooth level surface shall not require a person to exert a
horizontal force greater than 40 pounds (444.8 n);
(D) Structural stops and curbs shall be provided to prevent the
traversing of the carriage beyond its designed limits of travel;
(E) Traversing controls for a powered carriage shall be of a
continuous pressure weatherproof type. Multiple controls when provided
shall be arranged to permit operation from only one control station at a
time. An emergency stop device shall be provided on each end of a
powered carriage for interrupting power to the carriage drive motors;
(F) The operating controls(s) shall be so connected that in the case
of suspended equipment, traversing of a carriage is not possible until
the suspended portion of the equipment is located at its uppermost
designed position for traversing; and is free of contact with the face
of the building or building guides. In addition, all protective devices
and interlocks are to be in the proper position to allow traversing of
the carriage;
(G) Stability for underfoot supported carriages shall be obtained by
gravity, by an attachment to a structural support, or by a combination
of gravity and a structural support. The use of flowing counterweights
to achieve stability is prohibited.
(1) The stability factor against overturning shall not be less than
two for horizontal traversing of the carriage, including the effects of
impact and wind.
(2) The carriages and their anchorages shall be capable of resisting
accidental over-tensioning of the wire ropes suspending the working
platform, and this calculated value shall include the effect of one and
one-half times the stall capacity of the hoist motor. All parts of the
installation shall be capable of withstanding without damage to any part
of the installation the forces resulting from the stall load of the
hoist and one half the wind load.
(3) Roof carriages which rely on having tie-down devices secured to
the building to develop the required stability against overturning shall
be provided with an interlock which will prevent vertical platform
movement unless the tie-down is engaged;
(H) An automatically applied braking or locking system, or
equivalent, shall be provided that will prevent unintentional traversing
of power traversed or power assisted carriages;
(I) A manual or automatic braking or locking system or equivalent,
shall be provided that will prevent unintentional traversing of manually
propelled carriages;
(J) A means to lock out the power supply for the carriage shall be
provided;
(K) Safe access to and egress from the carriage shall be provided
from a safe surface. If the carriage traverses an elevated area, any
operating area on the carriage shall be protected by a guardrail system
in compliance with the provisions of paragraph (f)(5)(i)(F) of this
section. Any access gate shall be self-closing and self-latching, or
provided with an interlock;
(L) Each carriage work station position shall be identified by
location markings and/or position indicators; and
(M) The motors shall stall if the load on the hoist motors is at any
time in excess of three times that necessary for lifting the working
platform with its rated load.
(ii) Transportable outriggers. (A) Transportable outriggers may be
used as a method of suspension for ground rigged working platforms where
the point of suspension does not exceed 300 feet (91.5 m) above a safe
surface. Tie-in guide system(s) shall be provided which meet the
requirements of paragraph (e)(2) of this section.
[[Page 174]]
(B) Transportable outriggers shall be used only with self-powered,
ground rigged working platforms.
(C) Each transportable outrigger shall be secured with a tie-down to
a verified anchorage on the building during the entire period of its
use. The anchorage shall be designed to have a stability factor of not
less than four against overturning or upsetting of the outrigger.
(D) Access to and egress from the working platform shall be from and
to a safe surface below the point of suspension.
(E) Each transportable outrigger shall be designed for lateral
stability to prevent roll-over in the event an accidental lateral load
is applied to the outrigger. The accidental lateral load to be
considered in this design shall be not less than 70 percent of the rated
load of the hoist.
(F) Each transportable outrigger shall be designed to support an
ultimate load of not less than four times the rated load of the hoist.
(G) Each transportable outrigger shall be so located that the
suspension wire ropes for two point suspended working platforms are hung
parallel.
(H) A transportable outrigger shall be tied-back to a verified
anchorage on the building with a rope equivalent in strength to the
suspension rope.
(I) The tie-back rope shall be installed parallel to the centerline
of the outrigger.
(iii) Davits. (A) Every davit installation, fixed or transportable,
rotatable or non-rotatable shall be designed and installed to insure
that it has a stability factor against overturning of not less than
four.
(B) The following requirements apply to roof rigged davit systems:
(1) Access to and egress from the working platform shall be from a
safe surface. Access or egress shall not require persons to climb over a
building's parapet or guard railing; and
(2) The working platform shall be provided with wheels, casters or a
carriage for traversing horizontally.
(C) The following requirements apply to ground rigged davit systems:
(1) The point of suspension shall not exceed 300 feet (91.5 m) above
a safe surface. Guide system(s) shall be provided which meet the
requirements of paragraph (e)(2) of this section;
(2) Access and egress to and from the working platform shall only be
from a safe surface below the point of suspension.
(D) A rotating davit shall not require a horizontal force in excess
of 40 pounds (177.9 n) per person to initiate a rotating movement.
(E) The following requirements shall apply to transportable davits:
(1) A davit or part of a davit weighing more than 80 pounds (36 kg)
shall be provided with a means for its transport, which shall keep the
center of gravity of the davit at or below 36 inches (914 mm) above the
safe surface during transport;
(2) A davit shall be provided with a pivoting socket or with a base
that will allow the insertion or removal of a davit at a position of not
more than 35 degrees above the horizontal, with the complete davit
inboard of the building face being serviced; and
(3) Means shall be provided to lock the davit to its socket or base
before it is used to suspend the platform.
(4) Hoisting machines. (i) Raising and lowering of suspended or
supported equipment shall be performed only by a hoisting machine.
(ii) Each hoisting machine shall be capable of arresting any
overspeed descent of the load.
(iii) Each hoisting machine shall be powered only by air, electric
or hydraulic sources.
(iv) Flammable liquids shall not be carried on the working platform.
(v) Each hoisting machine shall be capable of raising or lowering
125 percent of the rated load of the hoist.
(vi) Moving parts of a hoisting machine shall be enclosed or guarded
in compliance with paragraphs (a)(1) and (2) of Sec. 1910.212 of this
part.
(vii) Winding drums, traction drums and sheaves and directional
sheaves used in conjunction with hoisting machines shall be compatible
with, and sized for, the wire rope used.
(viii) Each winding drum shall be provided with a positive means of
attaching the wire rope to the drum. The attachment shall be capable of
developing at least four times the rated load of the hoist.
[[Page 175]]
(ix) Each hoisting machine shall be provided with a primary brake
and at least one independent secondary brake, each capable of stopping
and holding not less than 125 percent of the lifting capacity of the
hoist.
(A) The primary brake shall be directly connected to the drive train
of the hoisting machine, and shall not be connected through belts,
chains, clutches, or set screw type devices. The brake shall
automatically set when power to the prime mover is interrupted.
(B)(1) The secondary brake shall be an automatic emergency type of
brake that, if actuated during each stopping cycle, shall not engage
before the hoist is stopped by the primary brake.
(2) When a secondary brake is actuated, it shall stop and hold the
platform within a vertical distance of 24 inches (609.6 mm).
(x) Any component of a hoisting machine which requires lubrication
for its protection and proper functioning shall be provided with a means
for that lubrication to be applied.
(5) Suspended equipment--(i) General requirements. (A) Each
suspended unit component, except suspension ropes and guardrail systems,
shall be capable of supporting, without failure, at least four times the
maximum intended live load applied or transmitted to that component.
(B) Each suspended unit component shall be constructed of materials
that will withstand anticipated weather conditions.
(C) Each suspended unit shall be provided with a load rating plate,
conspicuously located, stating the unit weight and rated load of the
suspended unit.
(D) When the suspension points on a suspended unit are not at the
unit ends, the unit shall be capable of remaining continuously stable
under all conditions of use and position of the live load, and shall
maintain at least a 1.5 to 1 stability factor against unit upset.
(E) Guide rollers, guide shoes or building face rollers shall be
provided, and shall compensate for variations in building dimensions and
for minor horizontal out-of-level variations of each suspended unit.
(F) Each working platform of a suspended unit shall be secured to
the building facade by one or more of the following methods, or by an
equivalent method:
(1) Continuous engagement to building anchors as provided in
paragraph (e)(2)(i) of this section;
(2) Intermittent engagement to building anchors as provided in
paragraph (e)(2)(iii)(A) of this section;
(3) Button guide engagement as provided in paragraph (e)(2)(iii)(B)
of this section; or
(4) Angulated roping and building face rollers as provided in
paragraph (e)(2)(iii)(C) of this section.
(G) Each working platform of a suspended unit shall be provided with
a guardrail system on all sides which shall meet the following
requirements:
(1) The system shall consist of a top guardrail, midrail, and a
toeboard;
(2) The top guardrail shall not be less than 36 inches (914 mm) high
and shall be able to withstand at least a 100-pound (444 n) force in any
downward or outward direction;
(3) The midrail shall be able to withstand at least a 75-pound (333
n) force in any downward or outward direction; and
(4) The areas between the guardrail and toeboard on the ends and
outboard side, and the area between the midrail and toeboard on the
inboard side, shall be closed with a material that is capable of
withstanding a load of 100 pounds (45.4 KG.) applied horizontally over
any area of one square foot (.09 m\2\). The material shall have all
openings small enough to reject passage of life lines and potential
falling objects which may be hazardous to persons below.
(5) Toeboards shall be capable of withstanding, without failure, a
force of at least 50 pounds (222 n) applied in any downward or
horizontal direction at any point along the toeboard.
(6) Toeboards shall be three and one-half inches (9 cm) minimum in
length from their top edge to the level of the platform floor.
(7) Toeboards shall be securely fastened in place at the outermost
edge of the platform and have no more than one-half inch (1.3 cm)
clearance above the platform floor.
[[Page 176]]
(8) Toeboards shall be solid or with an opening not over one inch
(2.5 cm) in the greatest dimension.
(ii) Two and four-point suspended working platforms. (A) The working
platform shall be not less than 24 inches (610 mm) wide and shall be
provided with a minimum of a 12 inch (305 mm) wide passage at or past
any obstruction on the platform.
(B) The flooring shall be of a slip-resistant type and shall contain
no opening that would allow the passage of life lines, cables and other
potential falling objects. If a larger opening is provided, it shall be
protected by placing a material under the opening which shall prevent
the passage of life lines, cables and potential falling objects.
(C) The working platfrom shall be provided with a means of
suspension that will restrict the platform's inboard to outboard roll
about its longitudinal axis to a maximum of 15 degrees from a horizontal
plane when moving the live load from the inboard to the outboard side of
the platform.
(D) Any cable suspended from above the platform shall be provided
with a means for storage to prevent accumulation of the cable on the
floor of the platform.
(E) All operating controls for the vertical travel of the platform
shall be of the continuous-pressure type, and shall be located on the
platform.
(F) Each operating station of every working platform shall be
provided with a means of interrupting the power supply to all hoist
motors to stop any further powered ascent or descent of the platform.
(G) The maximum rated speed of the platform shall not exceed 50 feet
per minute (0.3 ms) with single speed hoists, nor 75 feet per minute
(0.4 ms) with multi-speed hoists.
(H) Provisions shall be made for securing all tools, water tanks,
and other accessories to prevent their movement or accumulation on the
floor of the platform.
(I) Portable fire extinguishers conforming to the provisions of
Sec. Sec. 1910.155 and 1910.157 of this part shall be provided and
securely attached on all working platforms.
(J) Access to and egress from a working platfrom, except for those
that land directly on a safe surface, shall be provided by stairs,
ladders, platforms and runways conforming to the provisions of subpart D
of this part. Access gates shall be self-closing and self-latching.
(K) Means of access to or egress from a working platform which is 48
inches (1.2 m) or more above a safe surface shall be provided with a
guardrail system or ladder handrails that conform to the provisions of
subpart D of this part.
(L) The platform shall be provided with a secondary wire rope
suspension system if the platform contains overhead structures which
restrict the emergency egress of employees. A horizontal lifeline or a
direct connection anchorage shall be provided, as part of a fall arrest
system which meets the requirements of appendix C, for each employee on
such a platform.
(M) A vertical lifeline shall be provided as part of a fall arrest
system which meets the requirements of appendix C, for each employee on
a working platform suspended by two or more wire ropes, if the failure
of one wire rope or suspension attachment will cause the platform to
upset. If a secondary wire rope suspension is used, vertical lifelines
are not required for the fall arrest system, provided that each employee
is attached to a horizontal lifeline anchored to the platform.
(N) An emergency electric operating device shall be provided on roof
powered platforms near the hoisting machine for use in the event of
failure of the normal operating device located on the working platform,
or failure of the cable connected to the platform. The emergency
electric operating device shall be mounted in a secured compartment, and
the compartment shall be labeled with instructions for use. A means for
opening the compartment shall be mounted in a break-glass receptable
located near the emergency electric operating device or in an equivalent
secure and accessible location.
(iii) Single point suspended working platforms. (A) The requirements
of paragraphs (f)(5)(ii) (A) through (K) of this section shall also
apply to a single point working platform.
[[Page 177]]
(B) Each single point suspended working platform shall be provided
with a secondary wire rope suspension system, which will prevent the
working platform from falling should there be a failure of the primary
means of support, or if the platform contains overhead structures which
restrict the egress of the employees. A horizontal life line or a direct
connection anchorage shall be provided, as part of a fall arrest system
which meets the requirements of appendix C, for each employee on the
platform.
(iv) Ground-rigged working platforms. (A) Groundrigged working
platforms shall comply with all the requirements of paragraphs
(f)(5)(ii) (A) through (M) of this section.
(B) After each day's use, the power supply within the building shall
be disconnected from a ground-rigged working platform, and the platform
shall be either disengaged from its suspension points or secured and
stored at grade.
(v) Intermittently stabilized platforms. (A) The platform shall
comply with paragraphs (F)(5)(ii) (A) through (M) of this section.
(B) Each stabilizer tie shall be equipped with a ``quick connect-
quick disconnect'' device which cannot be accidently disengaged, for
attachment to the building anchor, and shall be resistant to adverse
environmental conditions.
(C) The platform shall be provided with a stopping device that will
interrupt the hoist power supply in the event the platform contacts a
stabilizer tie during its ascent.
(D) Building face rollers shall not be placed at the anchor setting
if exterior anchors are used on the building face.
(E) Stabilizer ties used on intermittently stabilized platforms
shall allow for the specific attachment length needed to effect the
predetermined angulation of the suspended wire rope. The specific
attachment length shall be maintained at all building anchor locations.
(F) The platform shall be in continuous contact with the face of the
building during ascent and descent.
(G) The attachment and removal of stabilizer ties shall not require
the horizontal movement of the platform.
(H) The platform-mounted equipment and its suspension wire ropes
shall not be physically damaged by the loads from the stabilizer tie or
its building anchor. The platform, platform mounted equipment and wire
ropes shall be able to withstand a load that is at least twice the
ultimate strength of the stabilizer tie.
Note: See figure II in appendix B of this section for a description
of a typical intermittent stabilization system.
(vi) Button-guide stabilized platforms. (A) The platform shall
comply with paragraphs (f)(5)(ii) (A) through (M) of this section.
(B) Each guide track on the platform shall engage a minimum of two
guide buttons during any vertical travel of the platform following the
initial button engagement.
(C) Each guide track on a platform that is part of a roof rigged
system shall be provided with a storage position on the platform.
(D) Each guide track on the platform shall be sufficiently
maneuverable by platform occupants to permit easy engagement of the
guide buttons, and easy movement into and out of its storage position on
the platform.
(E) Two guide tracks shall be mounted on the platform and shall
provide continuous contact with the building face.
(F) The load carrying components of the button guide stabilization
system which transmit the load into the platform shall be capable of
supporting the weight of the platform, or provision shall be made in the
guide track connectors or platform attachments to prevent the weight of
the platform from being transmitted to the platform attachments.
Note: See figure III in appendix B of this section for a description
of a typical button guide stabilization system.
(6) Supported equipment. (i) Supported equipment shall maintain a
vertical position in respect to the face of the building by means other
than friction.
(ii) Cog wheels or equivalent means shall be incorporated to provide
climbing traction between the supported equipment and the building
guides. Additional guide wheels or shoes shall be incorporated as may be
necessary to
[[Page 178]]
ensure that the drive wheels are continuously held in positive
engagement with the building guides.
(iii) Launch guide mullions indexed to the building guides and
retained in alignment with the building guides shall be used to align
drive wheels entering the building guides.
(iv) Manned platforms used on supported equipment shall comply with
the requirements of paragraphs (f)(5)(ii)(A), (f)(5)(ii)(B), and
(f)(5)(ii) (D) through (K) of this section covering suspended equipment.
(7) Suspension wire ropes and rope connections. (i) Each specific
installation shall use suspension wire ropes or combination cable and
connections meeting the specification recommended by the manufacturer of
the hoisting machine used. Connections shall be capable of developing at
least 80 percent of the rated breaking strength of the wire rope.
(ii) Each suspension rope shall have a ``Design Factor'' of at least
10. The ``Design Factor'' is the ratio of the rated strength of the
suspension wire rope to the rated working load, and shall be calculated
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR25SE06.005
Where:
F = Design factor
S = Manufacturer's rated strength of one suspension rope
N = Number of suspension ropes under load
W = Rated working load on all ropes at any point of travel
(iii) Suspension wire rope grade shall be at least improved plow
steel or equivalent.
(iv) Suspension wire ropes shall be sized to conform with the
required design factor, but shall not be less than \5/16\ inch (7.94 mm)
in diameter.
(v) No more than one reverse bend in six wire rope lays shall be
permitted.
(vi) A corrosion-resistant tag shall be securely attached to one of
the wire rope fastenings when a suspension wire rope is to be used at a
specific location and will remain in that location. This tag shall bear
the following wire rope data:
(A) The diameter (inches and/or mm);
(B) Construction classification;
(C) Whether non-preformed or preformed;
(D) The grade of material;
(E) The manufacturer's rated strength;
(F) The manufacturer's name;
(G) The month and year the ropes were installed; and
(H) The name of the person or company which installed the ropes.
(vii) A new tag shall be installed at each rope renewal.
(viii) The original tag shall be stamped with the date of the
resocketing, or the original tag shall be retained and a supplemental
tag shall be provided when ropes are resocketed. The supplemental tag
shall show the date of resocketing and the name of the person or company
that resocketed the rope.
(ix) Winding drum type hoists shall contain at least three wraps of
the suspension wire rope on the drum when the suspended unit has reached
the lowest possible point of its vertical travel.
(x) Traction drum and sheave type hoists shall be provided with a
wire rope of sufficient length to reach the lowest possible point of
vertical travel of the suspended unit, and an additional length of the
wire rope of at least four feet (1.2 m).
(xi) The lengthening or repairing of suspension wire ropes is
prohibited.
(xii) Babbitted fastenings for suspension wire rope are prohibited.
(8) Control circuits, power circuits and their components. (i)
Electrical wiring and equipment shall comply with subpart S of this
part, except as otherwise required by this section.
(ii) Electrical runway conductor systems shall be of a type designed
for use in exterior locations, and shall be located so that they do not
come into contact with accumulated snow or water.
(iii) Cables shall be protected against damage resulting from
overtensioning or from other causes.
(iv) Devices shall be included in the control system for the
equipment which will provide protection against electrical overloads,
three phase reversal and phase failure. The control system shall have a
separate method,
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independent of the direction control circuit, for breaking the power
circuit in case of an emergency or malfunction.
(v) Suspended or supported equipment shall have a control system
which will require the operator of the equipment to follow predetermined
procedures.
(vi) The following requirements shall apply to electrical protection
devices:
(A) On installations where the carriage does not have a stability
factor of at least four against overturning, electrical contact(s) shall
be provided and so connected that the operating devices for the
suspended or supported equipment shall be operative only when the
carriage is located and mechanically retained at an established
operating point.
(B) Overload protection shall be provided in the hoisting or
suspension system to protect against the equipment operating in the
``up'' direction with a load in excess of 125 percent of the rated load
of the platform; and
(C) An automatic detector shall be provided for each suspension
point that will interrupt power to all hoisting motors for travel in the
``down'' direction, and apply the primary brakes if any suspension wire
rope becomes slack. A continuous-pressure rigging-bypass switch designed
for use during rigging is permitted. This switch shall only be used
during rigging.
(vii) Upper and lower directional switches designed to prevent the
travel of suspended units beyond safe upward and downward levels shall
be provided.
(viii) Emergency stop switches shall be provided on remote
controlled, roof-powered manned platforms adjacent to each control
station on the platform.
(ix) Cables which are in constant tension shall have overload
devices which will prevent the tension in the cable from interfering
with the load limiting device required in paragraph (f)(8)(vi)(B) of
this section, or with the platform roll limiting device required in
paragraph (f)(5)(ii)(C) of this section. The setting of these devices
shall be coordinated with other overload settings at the time of design
of the system, and shall be clearly indicated on or near the device. The
device shall interrupt the equipment travel in the ``down'' direction.
(g) Inspection and tests--(1) Installations and alterations. All
completed building maintenance equipment installations shall be
inspected and tested in the field before being placed in initial service
to determine that all parts of the installation conform to applicable
requirements of this standard, and that all safety and operating
equipment is functioning as required. A similar inspection and test
shall be made following any major alteration to an existing
installation. No hoist in an installation shall be subjected to a load
in excess of 125 percent of its rated load.
(2) Periodic inspections and tests. (i) Related building supporting
structures shall undergo periodic inspection by a competent person at
intervals not exceeding 12 months.
(ii) All parts of the equipment including control systems shall be
inspected, and, where necessary, tested by a competent person at
intervals specified by the manufacturer/supplier, but not to exceed 12
months, to determine that they are in safe operating condition. Parts
subject to wear, such as wire ropes, bearings, gears, and governors
shall be inspected and/or tested to determine that they have not worn to
such an extent as to affect the safe operation of the installation.
(iii) The building owner shall keep a certification record of each
inspection and test required under paragraphs (g)(2)(i) and (ii) of this
section. The certification record shall include the date of the
inspection, the signature of the person who performed the inspection,
and the number, or other identifier, of the building support structure
and equipment which was inspected. This certification record shall be
kept readily available for review by the Assistant Secretary of Labor or
the Assistant Secretary's representative and by the employer.
(iv) Working platforms and their components shall be inspected by
the employer for visible defects before every use and after each
occurrence which could affect the platform's structural integrity.
(3) Maintenance inspections and tests. (i) A maintenance inspection
and,
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where necessary, a test shall be made of each platform installation
every 30 days, or where the work cycle is less than 30 days such
inspection and/or test shall be made prior to each work cycle. This
inspection and test shall follow procedures recommended by the
manufacturer, and shall be made by a competent person.
(ii) The building owner shall keep a certification record of each
inspection and test performed under paragraph (g)(3)(i) of this section.
The certification record shall include the date of the inspection and
test, the signature of the person who performed the inspection and/or
test, and an identifier for the platform installation which was
inspected. The certification record shall be kept readily available for
review by the Assistant Secretary of Labor or the Assistant Secretary's
representative and by the employer.
(4) Special inspection of governors and secondary brakes. (i)
Governors and secondary brakes shall be inspected and tested at
intervals specified by the manufacturer/supplier but not to exceed every
12 months.
(ii) The results of the inspection and test shall confirm that the
initiating device for the secondary braking system operates at the
proper overspeed.
(iii) The results of the inspection and test shall confirm that the
secondary brake is functioning properly.
(iv) If any hoisting machine or initiating device for the secondary
brake system is removed from the equipment for testing, all reinstalled
and directly related components shall be reinspected prior to returning
the equipment installation to service.
(v) Inspection of governors and secondary brakes shall be performed
by a competent person.
(vi) The secondary brake governor and actuation device shall be
tested before each day's use. Where testing is not feasible, a visual
inspection of the brake shall be made instead to ensure that it is free
to operate.
(5) Suspension wire rope maintenance, inspection and replacement.
(i) Suspension wire rope shall be maintained and used in accordance with
procedures recommended by the wire rope manufacturer.
(ii) Suspension wire rope shall be inspected by a competent person
for visible defects and gross damage to the rope before every use and
after each occurrence which might affect the wire rope's integrity.
(iii) A thorough inspection of suspension wire ropes in service
shall be made once a month. Suspension wire ropes that have been
inactive for 30 days or longer shall have a thorough inspection before
they are placed into service. These thorough inspections of suspension
wire ropes shall be performed by a competent person.
(iv) The need for replacement of a suspension wire rope shall be
determined by inspection and shall be based on the condition of the wire
rope. Any of the following conditions or combination of conditions will
be cause for removal of the wire rope:
(A) Broken wires exceeding three wires in one strand or six wires in
one rope lay;
(B) Distortion of rope structure such as would result from crushing
or kinking;
(C) Evidence of heat damage;
(D) Evidence of rope deterioration from corrosion;
(E) A broken wire within 18 inches (460.8 mm) of the end
attachments;
(F) Noticeable rusting and pitting;
(G) Evidence of core failure (a lengthening of rope lay, protrusion
of the rope core and a reduction in rope diameter suggests core
failure); or
(H) More than one valley break (broken wire).
(I) Outer wire wear exceeds one-third of the original outer wire
diameter.
(J) Any other condition which the competent person determines has
significantly affected the integrity of the rope.
(v) The building owner shall keep a certification record of each
monthly inspection of a suspension wire rope as required in paragraph
(g)(5)(iii) of this section. The record shall include the date of the
inspection, the signature of the person who performed the inspection,
and a number, or other identifier, of the wire rope which was inspected.
This record of inspection shall be made available for review by the
Assistant Secretary of Labor or the Assistant
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Secretary's representative and by the employer.
(6) Hoist inspection. Before lowering personnel below the top
elevation of the building, the hoist shall be tested each day in the
lifting direction with the intended load to make certain it has
sufficient capacity to raise the personnel back to the boarding level.
(h) Maintenance--(1) General maintenance. All parts of the equipment
affecting safe operation shall be maintained in proper working order so
that they may perform the functions for which they were intended. The
equipment shall be taken out of service when it is not in proper working
order.
(2) Cleaning. (i) Control or power contactors and relays shall be
kept clean.
(ii) All other parts shall be kept clean if their proper functioning
would be affected by the presence of dirt or other contaminants.
(3) Periodic resocketing of wire rope fastenings. (i) Hoisting ropes
utilizing poured socket fastenings shall be resocketed at the non-drum
ends at intervals not exceeding 24 months. In resocketing the ropes, a
sufficient length shall be cut from the end of the rope to remove
damaged or fatigued portions.
(ii) Resocketed ropes shall conform to the requirements of paragraph
(f)(7) of this section.
(iii) Limit switches affected by the resocketed ropes shall be
reset, if necessary.
(4) Periodic reshackling of suspension wire ropes. The hoisting
ropes shall be reshackled at the nondrum ends at intervals not exceeding
24 months. When reshackling the ropes, a sufficient length shall be cut
from the end of the rope to remove damaged or fatigued portions.
(5) Roof systems. Roof track systems, tie-downs, or similar
equipment shall be maintained in proper working order so that they
perform the function for which they were intended.
(6) Building face guiding members. T-rails, indented mullions, or
equivalent guides located in the face of a building shall be maintained
in proper working order so that they perform the functions for which
they were intended. Brackets for cable stabilizers shall similarly be
maintained in proper working order.
(7) Inoperative safety devices. No person shall render a required
safety device or electrical protective device inoperative, except as
necessary for tests, inspections, and maintenance. Immediately upon
completion of such tests, inspections and maintenance, the device shall
be restored to its normal operating condition.
(i) Operations--(1) Training. (i) Working platforms shall be
operated only by persons who are proficient in the operation, safe use
and inspection of the particular working platform to be operated.
(ii) All employees who operate working platforms shall be trained in
the following:
(A) Recognition of, and preventive measures for, the safety hazards
associated with their individual work tasks.
(B) General recognition and prevention of safety hazards associated
with the use of working platforms, including the provisions in the
section relating to the particular working platform to be operated.
(C) Emergency action plan procedures required in paragraph (e)(9) of
this section.
(D) Work procedures required in paragraph (i)(1)(iv) of this
section.
(E) Personal fall arrest system inspection, care, use and system
performance.
(iii) Training of employees in the operation and inspection of
working platforms shall be done by a competent person.
(iv) Written work procedures for the operation, safe use and
inspection of working platforms shall be provided for employee training.
Pictorial methods of instruction, may be used, in lieu of written work
procedures, if employee communication is improved using this method. The
operating manuals supplied by manufacturers for platform system
components can serve as the basis for these procedures.
(v) The employer shall certify that employees have been trained in
operating and inspecting a working platform by preparing a certification
record which includes the identity of the person trained, the signature
of the employer or the person who conducted
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the training and the date that training was completed. The certification
record shall be prepared at the completion of the training required in
paragraph (i)(1)(ii) of this section, and shall be maintained in a file
for the duration of the employee's employment. The certification record
shall be kept readily available for review by the Assistant Secretary of
Labor or the Assistant Secretary's representative.
(2) Use. (i) Working platforms shall not be loaded in excess of the
rated load, as stated on the platform load rating plate.
(ii) Employees shall be prohibited from working on snow, ice, or
other slippery material covering platforms, except for the removal of
such materials.
(iii) Adequate precautions shall be taken to protect the platform,
wire ropes and life lines from damage due to acids or other corrosive
substances, in accordance with the recommendations of the corrosive
substance producer, supplier, platform manufacturer or other equivalent
information sources. Platform members which have been exposed to acids
or other corrosive substances shall be washed down with a neutralizing
solution, at a frequency recommended by the corrosive substance producer
or supplier.
(iv) Platform members, wire ropes and life lines shall be protected
when using a heat producing process. Wire ropes and life lines which
have been contacted by the heat producing process shall be considered to
be permanently damaged and shall not be used.
(v) The platform shall not be operated in winds in excess of 25
miles per hour (40.2 km/hr) except to move it from an operating to a
storage position. Wind speed shall be determined based on the best
available information, which includes on-site anemometer readings and
local weather forecasts which predict wind velocities for the area.
(vi) On exterior installations, an anemometer shall be mounted on
the platform to provide information of on-site wind velocities prior to
and during the use of the platform. The anemometer may be a portable
(hand held) unit which is temporarily mounted during platform use.
(vii) Tools, materials and debris not related to the work in
progress shall not be allowed to accumulate on platforms. Stabilizer
ties shall be located so as to allow unencumbered passage along the full
length of the platform and shall be of such length so as not to become
entangled in rollers, hoists or other machinery.
(j) Personal fall protection. Employees on working platforms shall
be protected by a personal fall arrest system meeting the requirements
of appendix C, section I, of this standard, and as otherwise provided by
this standard.
Appendix A to Sec. 1910.66, Guidelines (Advisory)
1. Use of the Appendix. Appendix A provides examples of equipment
and methods to assist the employer in meeting the requirements of the
indicated provision of the standard. Employers may use other equipment
or procedures which conform to the requirements of the standard. This
appendix neither adds to nor detracts from the mandatory requirements
set forth in Sec. 1910.66.
2. Assurance. Paragraph (c) of the standard requires the building
owner to inform the employer in writing that the powered platform
installation complies with certain requirements of the standard, since
the employer may not have the necessary information to make these
determinations. The employer, however, remains responsible for meeting
these requirements which have not been set off in paragraph (c)(1).
3. Design Requirements. The design requirements for each
installation should be based on the limitations (stresses, deflections,
etc.), established by nationally recognized standards as promulgated by
the following organizations, or to equivalent standards:
AA--The Aluminum Association, 818 Connecticut Avenue, NW., Washington,
DC, 20006
Aluminum Construction Manual
Specifications For Aluminum Structures
Aluminum Standards and Data
AGMA--American Gear Manufacturers Association, 101 North Fort Meyer Dr.,
Suite 1000, Arlington, VA 22209
AISC--American Institute of Steel Construction, 400 North Michigan
Avenue, Chicago, IL 60611
ANSI--American National Standards Institute, Inc., 1430 Broadway, New
York, NY 10018
ASCE--American Society of Civil Engineers, 345 East 47th Street, New
York, NY 10017
ASME--American Society of Mechanical Engineers, 345 East 47th Street,
New York, NY 10017
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ASTM--American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103
AWS--American Welding Society, Inc., Box 351040, 550 NW. LeJeunne Road,
Miami, FL 33126
JIC--Joint Industrial Council, 2139 Wisconsin Avenue NW., Washington, DC
20007
NEMA--National Electric Manufacturers Association, 2101 L Street, NW.,
Washington, DC 20037
4. Tie-in-guides. Indented mullions, T-rails or other equivalent
guides are acceptable as tie-in guides in a building face for a
continuous stabilization system. Internal guides are embedded in other
building members with only the opening exposed (see Figure 1 of appendix
B). External guides, however, are installed external to the other
building members and so are fully exposed. The minimum opening for tie-
in guides is three-quarters of an inch (19 mm), and the minimum inside
dimensions are one-inch (25 mm) deep and two inches (50 mm) wide.
Employers should be aware of the hazards associated with tie-in
guides in a continuous stabilization system which was not designed
properly. For example, joints in these track systems may become extended
or discontinuous due to installation or building settlement. If this
alignment problem is not corrected, the system could jam when a guide
roller or guide shoe strikes a joint and this would cause a hazardous
situation for employees. In another instance, faulty design will result
in guide rollers being mounted in a line so they will jam in the track
at the slightest misalignment.
5. Building anchors (intermittent stabilization system). In the
selection of the vertical distance between building anchors, certain
factors should be given consideration. These factors include building
height and architectural design, platform length and weight, wire rope
angulation, and the wind velocities in the building area. Another factor
to consider is the material of the building face, since this material
may be adversely affected by the building rollers.
External or indented type building anchors are acceptable.
Receptacles in the building facade used for the indented type should be
kept clear of extraneous materials which will hinder their use. During
the inspection of the platform installation, evidence of a failure or
abuse of the anchors should be brought to the attention of the employer.
6. Stabilizer tie length. A stabilizer tie should be long enough to
provide for the planned angulation of the suspension cables. However,
the length of the tie should not be excessive and become a problem by
possibly becoming entangled in the building face rollers or parts of the
platform machinery.
The attachment length may vary due to material elongation and this
should be considered when selecting the material to be used.
Consideration should also be given to the use of ties which are easily
installed by employees, since this will encourage their use.
7. Intermittent stabilization system. Intermittent stabilization
systems may use different equipment, tie-in devices and methods to
restrict the horizontal movement of a powered platform with respect to
the face of the building. One acceptable method employs corrosion-
resistant building anchors secured in the face of the building in
vertical rows every third floor or 50 feet (15.3 m), whichever is less.
The anchors are spaced horizontally to allow a stabilization attachment
(stabilizer tie) for each of the two platform suspension wire ropes. The
stabilizer tie consists of two parts. One part is a quick connect-quick
disconnect device which utilizes a corrosion-resistant yoke and retainer
spring that is designed to fit over the building anchors. The second
part of the stabilizer tie is a lanyard which is used to maintain a
fixed distance between the suspension wire rope and the face of the
building.
In this method, as the suspended powered platform descends past the
elevation of each anchor, the descent is halted and each of the platform
occupants secures a stabilizer tie between a suspension wire rope and a
building anchor. The procedure is repeated as each elevation of a
building anchor is reached during the descent of the powered platform.
As the platform ascends, the procedure is reversed; that is, the
stabilizer ties are removed as each elevation of a building anchor is
reached. The removal of each stabilizer tie is assured since the
platform is provided with stopping devices which will interrupt power to
its hoist(s) in the event either stopping device contacts a stabilizer
during the ascent of the platform.
Figure 2 of appendix B illustrates another type of acceptable
intermittent stabilization system which utilizes retaining pins as the
quick connect-quick disconnect device in the stabilizer tie.
8. Wire Rope Inspection. The inspection of the suspension wire rope
is important since the rope gradually loses strength during its useful
life. The purpose of the inspection is to determine whether the wire
rope has sufficient integrity to support a platform with the required
design factor.
If there is any doubt concerning the condition of a wire rope or its
ability to perform the required work, the rope should be replaced. The
cost of wire rope replacement is quite small if compared to the cost in
terms of human injuries, equipment down time and replacement.
No listing of critical inspection factors, which serve as a basis
for wire rope replacement in the standard, can be a substitute for an
experienced inspector of wire rope. The
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listing serves as a user's guide to the accepted standards by which
ropes must be judged.
Rope life can be prolonged if preventive maintenance is performed
regularly. Cutting off an appropriate length of rope at the end
termination before the core degrades and valley breaks appear minimizes
degradation at these sections.
9. General Maintenance. In meeting the general maintenance
requirement in paragraph (h)(1) of the standard, the employer should
undertake the prompt replacement of broken, worn and damaged parts,
switch contacts, brushes, and short flexible conductors of electrical
devices. The components of the electrical service system and traveling
cables should be replaced when damaged or significantly abraded. In
addition, gears, shafts, bearings, brakes and hoisting drums should be
kept in proper alignment.
10. Training. In meeting the training requirement of paragraph
(i)(1) of the standard, employers should use both on the job training
and formal classroom training. The written work procedures used for this
training should be obtained from the manufacturer, if possible, or
prepared as necessary for the employee's information and use.
Employees who will operate powered platforms with intermittent
stabilization systems should receive instruction in the specific ascent
and descent procedures involving the assembly and disassembly of the
stabilizer ties.
An acceptable training program should also include employee
instruction in basic inspection procedures for the purpose of
determining the need for repair and replacement of platform equipment.
In addition, the program should cover the inspection, care and use of
the personal fall protection equipment required in paragraph (j)(1) of
the standard.
In addition, the training program should also include emergency
action plan elements. OSHA brochure 1B3088 (Rev.) 1985, ``How to
Prepare for Workplace Emergencies,'' details the basic steps needed to
prepare to handle emergencies in the workplace.
Following the completion of a training program, the employee should
be required to demonstrate competency in operating the equipment safely.
Supplemental training of the employee should be provided by the
employer, as necessary, if the equipment used or other working
conditions should change.
An employee who is required to work with chemical products on a
platform should receive training in proper cleaning procedures, and in
the hazards, care and handling of these products. In addition, the
employee should be supplied with the appropriate personal protective
equipment, such as gloves and eye and face protection.
11. Suspension and Securing of Powered Platforms (Equivalency). One
acceptable method of demonstrating the equivalency of a method of
suspending or securing a powered platform, as required in paragraphs
(e)(2)(iii), (f)(3) and (f)(5)(i)(F), is to provide an engineering
analysis by a registered professional engineer. The analysis should
demonstrate that the proposed method will provide an equal or greater
degree of safety for employees than any one of the methods specified in
the standard.
Appendix B to Sec. 1910.66--Exhibits (Advisory)
The three drawings in appendix B illustrate typical platform
stabilization systems which are addressed in the standard. The drawings
are to be used for reference purposes only, and do not illustrate all
the mandatory requirements for each system.
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[GRAPHIC] [TIFF OMITTED] TC27OC91.012
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[GRAPHIC] [TIFF OMITTED] TC27OC91.013
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[GRAPHIC] [TIFF OMITTED] TC27OC91.014
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Appendix C to Sec. 1910.66--Personal Fall Arrest System (Section I--
Mandatory; Sections II and III--Non-Mandatory)
Use of the Appendix
Section I of appendix C sets out the mandatory criteria for personal
fall arrest systems used by all employees using powered platforms, as
required by paragraph (j)(1) of this standard. Section II sets out
nonmandatory test procedures which may be used to determine compliance
with applicable requirements contained in section I of this appendix.
Section III provides nonmandatory guidelines which are intended to
assist employers in complying with these provisions.
I. Personal fall arrest systems--(a) Scope and application. This
section establishes the application of and performance criteria for
personal fall arrest systems which are required for use by all employees
using powered platforms under paragraph 1910.66(j).
(b) Definitions. Anchorage means a secure point of attachment for
lifelines, lanyards or deceleration devices, and which is independent of
the means of supporting or suspending the employee.
Body belt means a strap with means both for securing it about the
waist and for attaching it to a lanyard, lifeline, or deceleration
device.
Body harness means a design of straps which may be secured about the
employee in a manner to distribute the fall arrest forces over at least
the thighs, pelvis, waist, chest and shoulders with means for attaching
it to other components of a personal fall arrest system.
Buckle means any device for holding the body belt or body harness
closed around the employee's body.
Competent person means a person who is capable of identifying
hazardous or dangerous conditions in the personal fall arrest system or
any component thereof, as well as in their application and use with
related equipment.
Connector means a device which is used to couple (connect) parts of
the system together. It may be an independent component of the system
(such as a carabiner), or an integral component of part of the system
(such as a buckle or dee-ring sewn into a body belt or body harness, or
a snap-hook 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 limits 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 which the
employer can demonstrate will provide an equal or greater degree of
safety for employees than the methods, materials or designs specified in
the standard.
Free fall means the act of falling before the 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,
lifeline and lanyard elongation but includes any deceleration device
slide distance or self-retracting lifeline/lanyard extension before they
operate and fall arrest forces occur.
Lanyard means a flexible line of rope, wire rope, or strap which is
used to secure 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.
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, a body belt or body harness and may include a lanyard,
deceleration device, lifeline, or suitable combinations of these.
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.
Rope grab means a deceleration device which travels on a lifeline
and automatically frictionally 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/lever locking, or both.
Self-retracting lifeline/lanyard means a deceleration device which
contains a drum-wound line which may be slowly extracted from, or
retracted onto, the drum under slight tension during normal employee
movement, and which, after onset of a fall, automatically locks the drum
and arrests the fall.
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Snap-hook means a connector comprised of a hookshaped member with a
normally closed keeper, or similar arrangement, which may be opened to
permit the hook to receive an object and, when released, automatically
closes to retain the object. Snap-hooks are generally one of two types:
1. The locking type with a self-closing, self-locking keeper which
remains closed and locked until unlocked and pressed open for connection
or disconnection, or
2. The non-locking type with a self-closing keeper which remains
closed until pressed open for connection or disconnection.
Tie-off means the act of an employee, wearing personal fall
protection equipment, connecting directly or indirectly to an anchorage.
It also means the condition of an employee being connected to an
anchorage.
(c) Design for system components. (1) Connectors shall be drop
forged, pressed or formed steel, or made of equivalent materials.
(2) Connectors shall have a corrosion-resistant finish, and all
surfaces and edges shall be smooth to prevent damage to interfacing
parts of the system.
(3) Lanyards and vertical lifelines which tie-off one employee shall
have a minimum breaking strength of 5,000 pounds (22.2 kN).
(4) Self-retracting lifelines and lanyards which automatically limit
free fall distance to two feet (0.61 m) or less shall have components
capable of sustaining a minimum static tensile load of 3,000 pounds
(13.3 kN) applied to the device with the lifeline or lanyard in the
fully extended position.
(5) Self-retracting lifelines and lanyards which do not limit free
fall distance to two feet (0.61 m) or less, ripstitch lanyards, and
tearing and deforming lanyards shall be capable of sustaining a minimum
tensile load of 5,000 pounds (22.2 kN) applied to the device with the
lifeline or lanyard in the fully extended position.
(6) Dee-rings and snap-hooks shall be capable of sustaining a
minimum tensile load of 5,000 pounds (22.2 kN).
(7) Dee-rings and snap-hooks shall be 100 percent proof-tested to a
minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking,
or taking permanent deformation.
(8) Snap-hooks shall be sized to be compatible with the member to
which they are connected so as to prevent unintentional disengagement of
the snap-hook by depression of the snap-hook keeper by the connected
member, or shall be a locking type snap-hook designed and used to
prevent disengagement of the snap-hook by the contact of the snaphook
keeper by the connected member.
(9) Horizontal lifelines, where used, shall be designed, and
installed as part of a complete personal fall arrest system, which
maintains a safety factor of at least two, under the supervision of a
qualified person.
(10) Anchorages to which personal fall arrest equipment is attached
shall be capable of supporting at least 5,000 pounds (22.2 kN) per
employee attached, or shall be designed, installed, and used as part of
a complete personal fall arrest system which maintains a safety factor
of at least two, under the supervision of a qualified person.
(11) 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.
(d) System performance criteria. (1) Personal fall arrest systems
shall, when stopping a fall:
(i) Limit maximum arresting force on an employee to 900 pounds (4
kN) when used with a body belt;
(ii) Limit maximum arresting force on an employee to 1,800 pounds (8
kN) when used with a body harness;
(iii) Bring an employee to a complete stop and limit maximum
deceleration distance an employee travels to 3.5 feet (1.07 m); and
(iv) Shall have sufficient strength to withstand twice the potential
impact energy of an employee free falling a distance of six feet (1.8
m), or the free fall distance permitted by the system, whichever is
less.
(2)(i) When used by employees having a combined person and tool
weight of less than 310 pounds (140 kg), personal fall arrest systems
which meet the criteria and protocols contained in paragraphs (b), (c)
and (d) in section II of this appendix shall be considered as complying
with the provisions of paragraphs (d)(1)(i) through (d)(1)(iv) above.
(ii) When used by employees having a combined tool and body weight
of 310 pounds (140 kg) or more, personal fall arrest systems which meet
the criteria and protocols contained in paragraphs (b), (c) and (d) in
section II may be considered as complying with the provisions of
paragraphs (d)(1)(i) through (d)(1)(iv) provided that the criteria and
protocols are modified appropriately to provide proper protection for
such heavier weights.
(e) Care and use. (1) Snap-hooks, 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 dee-ring to which another snap-hook or other connector is
attached;
(iv) To a horizontal lifeline; or
(v) To any object which is incompatibly shaped or dimensioned in
relation to the snap-hook such that the connected object could depress
the snap-hook keeper a sufficient amount to release itself.
(2) Devices used to connect to a horizontal lifeline which may
become a vertical lifeline shall be capable of locking in either
direction on the lifeline.
(3) Personal fall arrest systems shall be rigged such that an
employee can neither
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free fall more than six feet (1.8 m), nor contact any lower level.
(4) The attachment point of the body belt shall be located in the
center of the wearer's back. The attachment point of the body harness
shall be located in the center of the wearer's back near shoulder level,
or above the wearer's head.
(5) When vertical lifelines are used, each employee shall be
provided with a separate lifeline.
(6) Personal fall arrest systems or components shall be used only
for employee fall protection.
(7) Personal fall arrest systems or components 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
competent person to be undamaged and suitable for reuse.
(8) The employer shall provide for prompt rescue of employees in the
event of a fall or shall assure the self-rescue capability of employees.
(9) Before using a personal fall arrest system, and after any
component or system is changed, employees shall be trained in accordance
with the requirements of paragraph 1910.66(i)(1), in the safe use of the
system.
(f) Inspections. Personal fall arrest systems shall be inspected
prior to each use for mildew, wear, damage and other deterioration, and
defective components shall be removed from service if their strength or
function may be adversely affected.
II. Test methods for personal fall arrest systems (non-mandatory)--
(a) General. Paragraphs (b), (c), (d) and (e), of this section II set
forth test procedures which may be used to determine compliance with the
requirements in paragraph (d)(1)(i) through (d)(1)(iv) of section I of
this appendix.
(b) General conditions for all tests in section II. (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.
(2) The anchorage should be rigid, and should not have a deflection
greater than .04 inches (1 mm) when a force of 2,250 pounds (10 kN) is
applied.
(3) The frequency response of the load measuring instrumentation
should be 120 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 four inches (96 cm plus or minus 10 cm).
(5) The lanyard or lifeline used to create the free fall distance
should be supplied with the system, or in its absence, the least elastic
lanyard or lifeline available to be used 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.
(c) Strength test. (1) During the testing of all systems, a test
weight of 300 pounds plus or minus five pounds (135 kg plus or minus 2.5
kg) should be used. (See paragraph (b)(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 six feet plus
or minus two inches (1.83 m plus or minus 5 cm) as measured from the
fixed anchorage to the attachment on the body belt or body harness.
(4) For rope-grab-type deceleration systems, the length of the
lifeline above the centerline of the grabbing mechanism to the
lifeline's anchorage point should not exceed two feet (0.61 m).
(5) For lanyard systems, for systems with deceleration devices which
do not automatically limit free fall distance to two feet (0.61 m) or
less, and for systems with deceleration devices which have a connection
distance in excess of one foot (0.3 m) (measured between the centerline
of the lifeline and the attachment point to the body belt or harness),
the test weight should be rigged to free fall a distance of 7.5 feet
(2.3 m) from a point that is 1.5 feet (46 cm) above the anchorage point,
to its hanging location (six feet below the anchorage). The test weight
should fall without interference, obstruction, or hitting the floor or
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 two 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.
(d) Force test--(1) General. The test consists of dropping the
respective test weight specified in (d)(2)(i) or (d)(3)(i) once. A new,
unused system should be used for each test.
(2) For lanyard systems. (i) A test weight of 220 pounds plus or
minus three pounds (100 kg plus or minus 1.6 kg) should be used. (See
paragraph (b)(4), above.)
(ii) Lanyard length should be six feet plus or minus two inches
(1.83 m plus or minus 5 cm) as measured from the fixed anchorage to the
attachment on the body belt or body harness.
[[Page 191]]
(iii) The test weight should fall free from the anchorage level to
its hanging location (a total of six feet (1.83 m) free fall distance)
without interference, obstruction, or hitting the floor or ground during
the test.
(3) For all other systems. (i) A test weight of 220 pounds plus or
minus three pounds (100 kg plus or minus 1.6 kg) should be used. (See
paragraph (b)(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 six 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 centerline of the lifeline and
the attachment point to the body belt or harness).
(B) For deceleration device systems with integral lifelines or
lanyards which automatically limit free fall distance to two feet (0.61
m) or less, the test weight should free fall a distance equal to that
permitted by the system in normal use. (For example, to test a system
with a self-retracting lifeline or lanyard, the test weight should be
supported and the system allowed to retract the lifeline or lanyard as
it would in normal use. The test weight would then be released and the
force and deceleration distance measured).
(4) A system fails the force test if the recorded maximum arresting
force exceeds 1,260 pounds (15.6 kN) when using a body belt, and/or
exceeds 2,520 pounds (11.2 kN) when using a body harness.
(5) The maximum elongation and deceleration distance should be
recorded during the force test.
(e) Deceleration device tests--(1) 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.
(2) 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 one foot (30.5 cm), and the mechanism should lock each time.
(ii) Unless the device is permanently marked to indicate the type(s)
of lifeline which must be used, several types (different diameters and
different materials), of lifelines should be used to test the device.
(3) Other self-activatinq-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.
III. Additional non-mandatory guidelines for personal fall arrest
systems. The following information constitutes additional guidelines for
use in complying with requirements for a personal fall arrest system.
(a) Selection and use considerations. The kind of personal fall
arrest system selected should match the particular work situation, and
any possible free fall distance should be kept to a minimum.
Consideration should be given to the particular work environment. For
example, the presence of acids, dirt, moisture, oil, grease, etc., and
their effect on the system, should be evaluated. Hot or cold
environments may also have an adverse affect on the system. Wire rope
should not be used where an electrical hazard is anticipated. As
required by the standard, the employer must plan to have means available
to promptly rescue an employee should a fall occur, since the suspended
employee may not be able to reach a work level independently.
Where lanyards, connectors, and lifelines are subject to damage by
work operations such as welding, chemical cleaning, and sandblasting,
the component should be protected, or other securing systems should be
used. The employer should fully evaluate the work conditions and
environment (including seasonal weather changes) before selecting the
appropriate personal fall protection system. Once in use, the system's
effectiveness should be monitored. In some cases, a program for cleaning
and maintenance of the system may be necessary.
(b) Testing considerations. Before purchasing or putting into use a
personal fall arrest system, an employer should obtain from the supplier
information about the system based on its performance during testing so
that the employer can know if the system meets this standard. Testing
should be done using recognized test methods. Section II of this
appendix C contains test methods recognized for evaluating the
performance of fall arrest systems. Not all systems may need to be
individually tested; the performance of some systems may be based on
data and calculations derived from testing of similar systems, provided
that enough information is available to demonstrate similarity of
function and design.
(c) Component compatibility considerations. Ideally, a personal fall
arrest system is designed, tested, and supplied as a complete system.
However, it is common practice for lanyards, connectors, lifelines,
deceleration devices, body belts and body harnesses to be interchanged
since some components wear out before others. The employer and employee
should realize that not all components are interchangeable. For
instance, a lanyard should not be connected between a body belt (or
harness) and a deceleration device of the self-retracting type since
this can result in additional free fall for which the system was not
designed. Any substitution or change to a personal fall arrest system
should be fully evaluated or tested by a competent person to determine
that it meets the
[[Page 192]]
standard, before the modified system is put in use.
(d) Employee training considerations. Thorough employee training in
the selection and use of personal fall arrest systems is imperative. As
stated in the standard, before the equipment is used, employees must be
trained in the safe use of the system. This should include the
following: Application limits; proper anchoring and tie-off techniques;
estimation of free fall distance, including determination of
deceleration distance, and total fall distance to prevent striking a
lower level; methods of use; and inspection and storage of the system.
Careless or improper use of the equipment can result in serious injury
or death. Employers and employees should become familiar with the
material in this appendix, as well as manufacturer's recommendations,
before a system is used. Of uppermost importance is the reduction in
strength caused by certain tie-offs (such as using knots, tying around
sharp edges, etc.) and maximum permitted free fall distance. Also, to be
stressed are the importance of inspections prior to use, the limitations
of the equipment, and unique conditions at the worksite which may be
important in determining the type of system to use.
(e) Instruction considerations. Employers should obtain
comprehensive instructions from the supplier as to the system's proper
use and application, including, where applicable:
(1) The force measured during the sample force test;
(2) The maximum elongation measured for lanyards during the force
test;
(3) The deceleration distance measured for deceleration devices
during the force test;
(4) Caution statements on critical use limitations;
(5) Application limits;
(6) Proper hook-up, anchoring and tie-off techniques, including the
proper dee-ring or other attachment point to use on the body belt and
harness for fall arrest;
(7) Proper climbing techniques;
(8) Methods of inspection, use, cleaning, and storage; and
(9) Specific lifelines which may be used. This information should be
provided to employees during training.
(f) Inspection considerations. As stated in the standard (section I,
Paragraph (f)), personal fall arrest systems must be regularly
inspected. Any component with any significant defect, such as cuts,
tears, abrasions, mold, or undue stretching; alterations or additions
which might affect its efficiency; damage due to deterioration; contact
with fire, acids, or other corrosives; distorted hooks or faulty hook
springs; tongues unfitted to the shoulder of buckles; loose or damaged
mountings; non-functioning parts; or wearing or internal deterioration
in the ropes must be withdrawn from service immediately, and should be
tagged or marked as unusable, or destroyed.
(g) Rescue considerations. As required by the standard (section I,
Paragraph (e)(8)), when personal fall arrest systems are used, the
employer must assure that employees can be promptly rescued or can
rescue themselves should a fall occur. The availability of rescue
personnel, ladders or other rescue equipment should be evaluated. In
some situations, equipment which allows employees to rescue themselves
after the fall has been arrested may be desirable, such as devices which
have descent capability.
(h) Tie-off considerations. (1) One of the most important aspects of
personal fall protection systems is fully planning the system before it
is put into use. Probably the most overlooked component is planning for
suitable anchorage points. Such planning should ideally be done before
the structure or building is constructed so that anchorage points can be
incorporated during construction for use later for window cleaning or
other building maintenance. If properly planned, these anchorage points
may be used during construction, as well as afterwards.
(2) Employers and employees should at all times be aware that the
strength of a personal fall arrest system is based on its being attached
to an anchoring system which does not significantly reduce the strength
of the system (such as a properly dimensioned eye-bolt/snap-hook
anchorage). Therefore, if a means of attachment is used that will reduce
the strength of the system, that component should be replaced by a
stronger one, but one that will also maintain the appropriate maximum
arrest force characteristics.
(3) Tie-off using a knot in a rope lanyard or lifeline (at any
location) can reduce the lifeline or lanyard strength by 50 percent or
more. Therefore, a stronger lanyard or lifeline should be used to
compensate for the weakening effect of the knot, or the lanyard length
should be reduced (or the tie-off location raised) to minimize free fall
distance, or the lanyard or lifeline should be replaced by one which has
an appropriately incorporated connector to eliminate the need for a
knot.
(4) Tie-off of a rope lanyard or lifeline around an ``H'' or ``I''
beam or similar support can reduce its strength as much as 70 percent
due to the cutting action of the beam edges. Therefore, use should be
made of a webbing lanyard or wire core lifeline around the beam; or the
lanyard or lifeline should be protected from the edge; or free fall
distance should be greatly minimized.
(5) Tie-off where the line passes over or around rough or sharp
surfaces reduces strength drastically. Such a tie-off should be avoided
or an alternative tie-off rigging should be used. Such alternatives may
include use of a snap-hook/dee ring connection, wire rope tie-off, an
effective padding of the
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surfaces, or an abrasion-resistance strap around or over the problem
surface.
(6) Horizontal lifelines may, depending on their geometry and angle
of sag, be subjected to greater loads than the impact load imposed by an
attached component. When the angle of horizontal lifeline sag is less
than 30 degrees, the impact force imparted to the lifeline by an
attached lanyard is greatly amplified. For example, with a sag angle of
15 degrees, the force amplification is about 2:1 and at 5 degrees sag,
it is about 6:1. Depending on the angle of sag, and the line's
elasticity, the strength of the horizontal lifeline and the anchorages
to which it is attached should be increased a number of times over that
of the lanyard. Extreme care should be taken in considering a horizontal
lifeline for multiple tie-offs. The reason for this is that in multiple
tie-offs to a horizontal lifeline, if one employee falls, the movement
of the falling employee and the horizontal lifeline during arrest of the
fall may cause other employees to also fall. Horizontal lifeline and
anchorage strength should be increased for each additional employee to
be tied-off. For these and other reasons, the design of systems using
horizontal lifelines must only be done by qualified persons. Testing of
installed lifelines and anchors prior to use is recommended.
(7) The strength of an eye-bolt is rated along the axis of the bolt
and its strength is greatly reduced if the force is applied at an angle
to this axis (in the direction of shear). Also, care should be exercised
in selecting the proper diameter of the eye to avoid accidental
disengagement of snap-hooks not designed to be compatible for the
connection.
(8) Due to the significant reduction in the strength of the
lifeline/lanyard (in some cases, as much as a 70 percent reduction), the
sliding hitch knot should not be used for lifeline/lanyard connections
except in emergency situations where no other available system is
practical. The ``one-and-one'' sliding hitch knot should never be used
because it is unreliable in stopping a fall. The ``two-and-two,'' or
``three-and-three'' knot (preferable), may be used in emergency situa-
tions; however, care should be taken to limit free fall distance to a
minimum because of reduced lifeline/lanyard strength.
(i) Vertical lifeline considerations. As required by the standard,
each employee must have a separate lifeline when the lifeline is
vertical. The reason for this is that in multiple tie-offs to a single
lifeline, if one employee falls, the movement of the lifeline during the
arrest of the fall may pull other employees' lanyards, causing them to
fall as well.
(j) Snap-hook considerations. Although not required by this standard
for all connections, locking snap-hooks designed for connection to
suitable objects (of sufficient strength) are highly recommended in lieu
of the non-locking type. Locking snap-hooks incorporate a positive
locking mechanism in addition to the spring loaded keeper, which will
not allow the keeper to open under moderate pressure without someone
first releasing the mechanism. Such a feature, properly designed,
effectively prevents roll-out from occurring.
As required by the standard (section I, paragraph (e)(1)) the
following connections must be avoided (unless properly designed locking
snap-hooks are used) because they are conditions which can result in
roll-out when a nonlocking snap-hook is used:
Direct connection of a snap-hook to a horizontal
lifeline.
Two (or more) snap-hooks connected to one dee-
ring.
Two snap-hooks connected to each other.
A snap-hook connected back on its integral
lanyard.
A snap-hook connected to a webbing loop or
webbing lanyard.
Improper dimensions of the dee-ring, rebar, or
other connection point in relation to the snap-hook dimensions which
would allow the snap-hook keeper to be depressed by a turning motion of
the snap-hook.
(k) Free fall considerations. The employer and employee should at
all times be aware that a system's maximum arresting force is evaluated
under normal use conditions established by the manufacturer, and in no
case using a free fall distance in excess of six feet (1.8 m). A few
extra feet of free fall can significantly increase the arresting force
on the employee, possibly to the point of causing injury. Because of
this, the free fall distance should be kept at a minimum, and, as
required by the standard, in no case greater than six feet (1.8 m). To
help assure this, the tie-off attachment point to the lifeline or anchor
should be located at or above the connection point of the fall arrest
equipment to belt or harness. (Since otherwise additional free fall
distance is added to the length of the connecting means (i.e. lanyard)).
Attaching to the working surface will often result in a free fall
greater than six feet (1.8 m). For instance, if a six foot (1.8 m)
lanyard is used, the total free fall distance will be the distance from
the working level to the body belt (or harness) attachment point plus
the six feet (1.8 m) of lanyard length. Another important consideration
is that the arresting force which the fall system must withstand also
goes up with greater distances of free fall, possibly exceeding the
strength of the system.
(l) Elongation and deceleration distance considerations. Other
factors involved in a proper tie-off are elongation and deceleration
distance. During the arresting of a fall, a lanyard will experience a
length of stretching or elongation, whereas activation of a deceleration
device will result in a certain stopping distance. These distances
should be available
[[Page 194]]
with the lanyard or device's instructions and must be added to the free
fall distance to arrive at the total fall distance before an employee is
fully stopped. The additional stopping distance may be very significant
if the lanyard or deceleration device is attached near or at the end of
a long lifeline, which may itself add considerable distance due to its
own elongation. As required by the standard, sufficient distance to
allow for all of these factors must also be maintained between the
employee and obstructions below, to prevent an injury due to impact
before the system fully arrests the fall. In addition, a minimum of 12
feet (3.7 m) of lifeline should be allowed below the securing point of a
rope grab type deceleration device, and the end terminated to prevent
the device from sliding off the lifeline. Alternatively, the lifeline
should extend to the ground or the next working level below. These
measures are suggested to prevent the worker from inadvertently moving
past the end of the lifeline and having the rope grab become disengaged
from the lifeline.
(m) Obstruction considerations. The location of the tie-off should
also consider the hazard of obstructions in the potential fall path of
the employee. Tie-offs which minimize the possibilities of exaggerated
swinging should be considered. In addition, when a body belt is used,
the employee's body will go through a horizontal position to a jack-
knifed position during the arrest of all falls. Thus, obstructions which
might interfere with this motion should be avoided or a severe injury
could occur.
(n) Other considerations. Because of the design of some personal
fall arrest systems, additional considerations may be required for
proper tie-off. For example, heavy deceleration devices of the self-
retracting type should be secured overhead in order to avoid the weight
of the device having to be supported by the employee. Also, if
selfretracting equipment is connected to a horizontal lifeline, the sag
in the lifeline should be minimized to prevent the device from sliding
down the lifeline to a position which creates a swing hazard during fall
arrest. In all cases, manufacturer's instructions should be followed.
Appendix D to Sec. 1910.66--Existing Installations (Mandatory)
Use of the Appendix
Appendix D sets out the mandatory building and equipment
requirements for applicable permanent installations completed after
August 27, 1971, and no later than July 23, 1990 which are exempt from
the paragraphs (a), (b)(1), (b)(2), (c), (d), (e), and (f) of this
standard. The requirements in appendix D are essentially the same as
unrevised building and equipment provisions which previously were
designated as 29 CFR 1910.66 (a), (b), (c) and (d) and which were
effective on August 27, 1971.
Note: All existing installations subject to this appendix shall also
comply with paragraphs (g), (h), (i), (j) and appendix C of the standard
29 CFR 1910.66.
(a) Definitions applicable to this appendix--(1) Angulated roping. A
system of platform suspension in which the upper wire rope sheaves or
suspension points are closer to the plane of the building face than the
corresponding attachment points on the platform, thus causing the
platform to press against the face of the building during its vertical
travel.
(2) ANSI. American National Standards Institute.
(3) Babbitted fastenings. The method of providing wire rope
attachments in which the ends of the wire strands are bent back and are
held in a tapered socket by means of poured molten babbitt metal.
(4) Brake--disc type. A brake in which the holding effect is
obtained by frictional resistance between one or more faces of discs
keyed to the rotating member to be held and fixed discs keyed to the
stationary or housing member (pressure between the discs being applied
axially).
(5) Brake--self-energizing band type. An essentially undirectional
brake in which the holding effect is obtained by the snubbing action of
a flexible band wrapped about a cylindrical wheel or drum affixed to the
rotating member to be held, the connections and linkages being so
arranged that the motion of the brake wheel or drum will act to increase
the tension or holding force of the band.
(6) Brake--shoe type. A brake in which the holding effect is
obtained by applying the direct pressure of two or more segmental
friction elements held to a stationary member against a cylindrical
wheel or drum affixed to the rotating member to be held.
(7) Building face rollers. A specialized form of guide roller
designed to contact a portion of the outer face or wall structure of the
building, and to assist in stabilizing the operators' platform during
vertical travel.
(8) Continuous pressure. Operation by means of buttons or switches,
any one of which may be used to control the movement of the working
platform or roof car, only as long as the button or switch is manually
maintained in the actuating position.
(9) Control. A system governing starting, stopping, direction,
acceleration, speed, and retardation of moving members.
(10) Controller. A device or group of devices, usually contained in
a single enclosure, which serves to control in some predetermined manner
the apparatus to which it is connected.
[[Page 195]]
(11) Electrical ground. A conducting connection between an
electrical circuit or equipment and the earth, or some conducting body
which serves in place of the earth.
(12) Guide roller. A rotating, bearing-mounted, generally
cylindrical member, operating separately or as part of a guide shoe
assembly, attached to the platform, and providing rolling contact with
building guideways, or other building contact members.
(13) Guide shoe. An assembly of rollers, slide members, or the
equivalent, attached as a unit to the operators' platform, and designed
to engage with the building members provided for the vertical guidance
of the operators' platform.
(14) Interlock. A device actuated by the operation of some other
device with which it is directly associated, to govern succeeding
operations of the same or allied devices.
(15) Operating device. A pushbutton, lever, or other manual device
used to actuate a control.
(16) Powered platform. Equipment to provide access to the exterior
of a building for maintenance, consisting of a suspended power-operated
working platform, a roof car, or other suspension means, and the
requisite operating and control devices.
(17) Rated load. The combined weight of employees, tools, equipment,
and other material which the working platform is designed and installed
to lift.
(18) Relay, direction. An electrically energized contactor
responsive to an initiating control circuit, which in turn causes a
moving member to travel in a particular direction.
(19) Relay, potential for vertical travel. An electrically energized
contactor responsive to initiating control circuit, which in turn
controls the operation of a moving member in both directions. This relay
usually operates in conjunction with direction relays, as covered under
the definition, ``relay, direction.''
(20) Roof car. A structure for the suspension of a working platform,
providing for its horizontal movement to working positions.
(21) Roof-powered platform. A powered platform having the raising
and lowering mechanism located on a roof car.
(22) Self-powered platform. A powered platform having the raising
and lowering mechanism located on the working platform.
(23) Traveling cable. A cable made up of electrical or communication
conductors or both, and providing electrical connection between the
working platform and the roof car or other fixed point.
(24) Weatherproof. Equipment so constructed or protected that
exposure to the weather will not interfere with its proper operation.
(25) Working platform. The suspended structure arranged for vertical
travel which provides access to the exterior of the building or
structure.
(26) Yield point. The stress at which the material exhibits a
permanent set of 0.2 percent.
(27) Zinced fastenings. The method of providing wire rope
attachments in which the splayed or fanned wire ends are held in a
tapered socket by means of poured molten zinc.
(b) General requirements. (1) Design requirements. All powered
platform installations for exterior building maintenance completed as of
August 27, 1971, but no later than [insert date, 180 days after the
effective date], shall meet all of the design, construction and
installation requirements of part II and III of the ``American National
Standard Safety Requirements for Powered Platforms for Exterior Building
Maintenance ANSI A120.1-1970'' and of this appendix. References shall be
made to appropriate parts of ANSI A120.1-1970 for detail specifications
for equipment and special installations.
(2) Limitation. The requirements of this appendix apply only to
electric powered platforms. It is not the intent of this appendix to
prohibit the use of other types of power. Installation of powered
platforms using other types of power is permitted, provided such
platforms have adequate protective devices for the type of power used,
and otherwise provide for reasonable safety of life and limb to users of
equipment and to others who may be exposed.
(3) Types of powered platforms. (i) For the purpose of applying this
appendix, powered platforms are divided into two basic types, Type F and
Type T.
(ii) Powered platforms designated as Type F shall meet all the
requirements in part II of ANSI A 120.1-1970, American National Standard
Safety Requirements for Powered Platforms for Exterior Building
Maintenance. A basic requirement of Type F equipment is that the work
platform is suspended by at least four wire ropes and designed so that
failure of any one wire rope will not substantially alter the normal
position of the working platform. Another basic requirement of Type F
equipment is that only one layer of hoisting rope is permitted on
winding drums. Type F powered platforms may be either roof-powered or
self-powered.
(iii) Powered platforms designated as Type T shall meet all the
requirements in part III of ANSI A120.1-1970 American National Standard
Safety Requirements for Powered Platforms for Exterior Building
Maintenance, except for section 28, Safety Belts and Life Lines. A basic
requirement of Type T equipment is that the working platform is
suspended by at least two wire ropes. Failure of one wire rope would not
permit the working platform to fall to the ground, but would upset its
normal position. Type T powered
[[Page 196]]
platforms may be either roof-powered or self-powered.
(iv) The requirements of this section apply to powered platforms
with winding drum type hoisting machines. It is not the intent of this
section to prohibit powered platforms using other types of hoisting
machines such as, but not limited to, traction drum hoisting machines,
air powered machines, hydraulic powered machines, and internal
combustion machines. Installation of powered platforms with other types
of hoisting machines is permitted, provided adequate protective devices
are used, and provided reasonable safety of life and limb to users of
the equipment and to others who may be exposed is assured.
(v) Both Type F and Type T powered platforms shall comply with the
requirements of appendix C of this standard.
(c) Type F powered platforms--(1) Roof car, general. (i) A roof car
shall be provided whenever it is necessary to move the working platform
horizontally to working or storage positions.
(ii) The maximum rated speed at which a power traversed roof car may
be moved in a horizontal direction shall be 50 feet per minute.
(2) Movement and positioning of roof car. (i) Provision shall be
made to protect against having the roof car leave the roof or enter roof
areas not designed for travel.
(ii) The horizontal motion of the roof cars shall be positively
controlled so as to insure proper movement and positioning of the roof
car.
(iii) Roof car positioning devices shall be provided to insure that
the working platform is placed and retained in proper position for
vertical travel and during storage.
(iv) Mechanical stops shall be provided to prevent the traversing of
the roof car beyond its normal limits of travel. Such stops shall be
capable of withstanding a force equal to 100 percent of the inertial
effect of the roof car in motion with traversing power applied.
(v)(a) The operating device of a power-operated roof car for
traversing shall be located on the roof car, the working platform, or
both, and shall be of the continuous pressure weather-proof electric
type. If more than one operating device is provided, they shall be so
arranged that traversing is possible only from one operating device at a
time.
(b) The operating device shall be so connected that it is not
operable until:
(1) The working platform is located at its uppermost position of
travel and is not in contact with the building face or fixed vertical
guides in the face of the building; and
(2) All protective devices and interlocks are in a position for
traversing.
(3) Roof car stability. Roof car stability shall be determined by
either paragraph (c)(3) (i) or (ii) of this appendix, whichever is
greater.
(i) The roof car shall be continuously stable, considering
overturning moment as determined by 125 percent rated load, plus maximum
dead load and the prescribed wind loading.
(ii) The roof car and its anchorages shall be capable of resisting
accidental over-tensioning of the wire ropes suspending the working
platform and this calculated value shall include the effect of one and
one-half times the value. For this calculation, the simultaneous effect
of one-half wind load shall be included, and the design stresses shall
not exceed those referred to in paragraph (b)(1) of this appendix.
(iii) If the load on the motors is at any time in excess of three
times that required for lifting the working platform with its rated load
the motor shall stall.
(4) Access to the roof car. Safe access to the roof car and from the
roof car to the working platform shall be provided. If the access to the
roof car at any point of its travel is not over the roof area or where
otherwise necessary for safety, self-closing, self-locking gates shall
be provided. Applicable provisions of the American National Standard
Safety Requirements for Floor and Wall Openings, Railings and Toeboard,
A12.1-1967, shall apply.
(5) Means for maintenance, repair, and storage. Means shall be
provided to run the roof car away from the roof perimeter, where
necessary, and to provide a safe area for maintenance, repairs, and
storage. Provisions shall be made to secure the machine in the stored
position. For stored machines subject to wind forces, see special design
and anchorage requirements for ``wind forces'' in part II, section
10.5.1.1 of ANSI A120.1-1970 American National Standard Safety
Requirements for Powered Platforms for Exterior Building Maintenance.
(6) General requirements for working platforms. The working platform
shall be of girder or truss construction and shall be adequate to
support its rated load under any position of loading, and comply with
the provisions set forth in section 10 of ANSI A120.1-1970, American
National Standard Safety Requirements for Powered Platforms for Exterior
Building Maintenance.
(7) Load rating plate. Each working platform shall bear a
manufacturer's load rating plate, conspicuously posted; stating the
maximum permissible rated load. Load rating plates shall be made of
noncorrosive material and shall have letters and figures stamped,
etched, or cast on the surface. The minimum height of the letters and
figures shall be one-fourth inch.
(8) Minimum size. The working platform shall have a minimum net
width of 24 inches.
(9) Guardrails. Working platforms shall be furnished with permanent
guard rails not
[[Page 197]]
less than 36 inches high, and not more than 42 inches high at the front
(building side). At the rear, and on the sides, the rail shall not be
less than 42 inches high. An intermediate guardrail shall be provided
around the entire platform between the top guardrail and the toeboard.
(10) Toeboards. A four-inch toeboard shall be provided along all
sides of the working platform.
(11) Open spaces between guardrails and toeboards. The spaces
between the intermediate guardrail and platform toeboard on the building
side of the working platform, and between the top guardrail and the
toeboard on other sides of the platform, shall be filled with metalic
mesh or similar material that will reject a ball one inch in diameter.
The installed mesh shall be capable of withstanding a load of 100 pounds
applied horizontally over any area of 144 square inches. If the space
between the platform and the building face does not exceed eight inches,
and the platform is restrained by guides, the mesh may be omitted on the
front side.
(12) Flooring. The platform flooring shall be of the nonskid type,
and if of open construction, shall reject a \9/16\-inch diameter ball,
or be provided with a screen below the floor to reject a \9/16\-inch
diameter ball.
(13) Access gates. Where access gates are provided, they shall be
self-closing and self-locking.
(14) Operating device for vertical movement of the working platform.
(i) The normal operating device for the working platform shall be
located on the working platform and shall be of the continuous pressure
weatherproof electric type.
(ii) The operating device shall be operable only when all electrical
protective devices and interlocks on the working platform are in
position for normal service and, the roof car, if provided, is at an
established operating point.
(15) Emergency electric operative device. (i) In addition, on roof-
powered platforms, an emergency electric operating device shall be
provided near the hoisting machine for use in the event of failure of
the normal operating device for the working platform, or failure of the
traveling cable system. The emergency operating device shall be mounted
in a locked compartment and shall have a legend mounted thereon reading:
``For Emergency Operation Only. Establish Communication With Personnel
on Working Platform Before Use.''
(ii) A key for unlocking the compartment housing the emergency
operating device shall be mounted in a break-glass receptacle located
near the emergency operating device.
(16) Manual cranking for emergency operation. Emergency operation of
the main drive machine may be provided to allow manual cranking. This
provision for manual operation shall be designed so that not more than
two persons will be required to perform this operation. The access to
this provision shall include a means to automatically make the machine
inoperative electrically while under the emergency manual operation. The
design shall be such that the emergency brake is operative at or below
governor tripping speed during manual operation.
(17) Arrangement and guarding of hoisting equipment. (i) Hoisting
equipment shall consist of a power-driven drum or drum contained in the
roof car (roof-powered platforms) or contained on the working platform
(self-powered platform).
(ii) The hoisting equipment shall be power-operated in both up and
down directions.
(iii) Guard or other protective devices shall be installed wherever
rotating shafts or other mechanisms or gears may expose personnel to a
hazard.
(iv) Friction devices or clutches shall not be used for connecting
the main driving mechanism to the drum or drums. Belt or chain-driven
machines are prohibited.
(18) Hoisting motors. (i) Hoisting motors shall be electric and of
weather-proof construction.
(ii) Hoisting motors shall be in conformance with applicable
provisions of paragraph (c)(22) of this appendix, Electric Wiring and
Equipment.
(iii) Hoisting motors shall be directly connected to the hoisting
machinery. Motor couplings, if used, shall be of steel construction.
(19) Brakes. The hoisting machine(s) shall have two independent
braking means, each designed to stop and hold the working platform with
125 percent of rated load.
(20) Hoisting ropes and rope connections. (i) Working platforms
shall be suspended by wire ropes of either 6 x 19 or 6 x 37
classification, preformed or nonpreformed.
(ii) [Reserved]
(iii) The minimum factor of safety shall be 10, and shall be
calculated by the following formula:
F = S x N/W
Where
S = Manufacturer's rated breaking strength of one rope.
N = Number of ropes under load.
W = Maximum static load on all ropes with the platform and its rated
load at any point of its travel.
(iv) Hoisting ropes shall be sized to conform with the required
factor of safety, but in no case shall the size be less than \5/16\ inch
diameter.
(v) Winding drums shall have at least three turns of rope remaining
when the platform has landed at the lowest possible point of its travel.
[[Page 198]]
(vi) The lengthening or repairing of wire rope by the joining of two
or more lengths is prohibited.
(vii) The nondrum ends of the hoisting ropes shall be provided with
individual shackle rods which will permit individual adjustment of rope
lengths, if required.
(viii) More than two reverse bends in each rope is prohibited.
(21) Rope tag data. (i) A metal data tag shall be securely attached
to one of the wire rope fastenings. This data tag shall bear the
following wire rope data:
(a) The diameter in inches.
(b) Construction classification.
(c) Whether nonpreformed or preformed.
(d) The grade of material used.
(e) The manufacturer's rated breaking strength.
(f) Name of the manufacturer of the rope.
(g) The month and year the ropes were installed.
(22) Electrical wiring and equipment. (i) All electrical equipment
and wiring shall conform to the requirements of subpart S of this Part,
except as modified by ANSI A120.1--1970 ``American National Standard
Safety Requirements for Powered Platforms for Exterior Building
Maintenance'' (see Sec. 1910.6). For detail design specifications for
electrical equipment, see part 2, ANSI A120.1-1970.
(ii) All motors and operation and control equipment shall be
supplied from a single power source.
(iii) The power supply for the powered platform shall be an
independent circuit supplied through a fused disconnect switch.
(iv) Electrical conductor parts of the power supply system shall be
protected against accidental contact.
(v) Electrical grounding shall be provided.
(a) Provisions for electrical grounding shall be included with the
power-supply system.
(b) Controller cabinets, motor frames, hoisting machines, the
working platform, roof car and roof car track system, and noncurrent
carrying parts of electrical equipment, where provided, shall be
grounded.
(c) The controller, where used, shall be so designed and installed
that a single ground or short circuit will not prevent both the normal
and final stopping device from stopping the working platform.
(d) Means shall be provided on the roof car and working platform for
grounding portable electric tools.
(e) The working platform shall be grounded through a grounding
connection in a traveling cable. Electrically powered tools utilized on
the working platform shall be grounded.
(vi) Electrical receptacles located on the roof or other exterior
location shall be of a weatherproof type and shall be located so as not
to be subject to contact with water or accumulated snow. The receptacles
shall be grounded and the electric cable shall include a grounding
conductor. The receptacle and plug shall be a type designed to avoid
hazard to persons inserting or withdrawing the plug. Provision shall be
made to prevent application of cable strain directly to the plug and
receptacle.
(vii) Electric runway conductor systems shall be of the type
designed for use in exterior locations and shall be located so as not to
be subject to contact with water or accumulated snow. The conductors,
collectors, and disconnecting means shall conform to the same
requirements as those for cranes and hoists in subpart S of this Part. A
grounded conductor shall parallel the power conductors and be so
connected that it cannot be opened by the disconnecting means. The
system shall be designed to avoid hazard to persons in the area.
(viii) Electrical protective devices and interlocks of the
weatherproof type shall be provided.
(ix) Where the installation includes a roof car, electric contact(s)
shall be provided and so connected that the operating devices for the
working platform shall be operative only when the roof car is located
and mechanically retained at an established operating point.
(x) Where the powered platform includes a powered-operated roof car,
the operating device for the roof car shall be inoperative when the roof
car is mechanically retained at an established operating point.
(xi) An electric contact shall be provided and so connected that it
will cause the down direction relay for vertical travel to open if the
tension in the traveling cable exceeds safe limits.
(xii) An automatic overload device shall be provided to cut off the
electrical power to the circuit in all hoisting motors for travel in the
up direction, should the load applied to the hoisting ropes at either
end of the working platform exceed 125 percent of its normal tension
with rated load, as shown on the manufacturer's data plate on the
working platform.
(xiii) An automatic device shall be provided for each hoisting rope
which will cut off the electrical power to the hoisting motor or motors
in the down direction and apply the brakes if any hoisting rope becomes
slack.
(xiv) Upper and lower directional limit devices shall be provided to
prevent the travel of the working platform beyond the normal upper and
lower limits of travel.
(xv) Operation of a directional limit device shall prevent further
motion in the appropriate direction, if the normal limit of travel has
been reached.
(xvi) Directional limit devices, if driven from the hoisting machine
by chains, tapes, or cables, shall incorporate a device to disconnect
the electric power from the hoisting
[[Page 199]]
machine and apply both the primary and secondary brakes in the event of
failure of the driving means.
(xvii) Final terminal stopping devices of the working platform:
(a) Final terminal stopping devices for the working platform shall
be provided as a secondary means of preventing the working platform from
over-traveling at the terminals.
(b) The device shall be set to function as close to each terminal
landing as practical, but in such a way that under normal operating
conditions it will not function when the working platform is stopped by
the normal terminal stopping device.
(c) Operation of the final terminal stopping device shall open the
potential relay for vertical travel, thereby disconnecting the electric
power from the hoisting machine, and applying both the primary and
secondary brakes.
(d) The final terminal stopping device for the upper limit of travel
shall be mounted so that it is operated directly by the motion of the
working platform itself.
(xviii) Emergency stop switches shall be provided in or adjacent to
each operating device.
(xix) Emergency stop switches shall:
(a) Have red operating buttons or handles.
(b) Be conspicuously and permanently marked ``Stop.''
(c) Be the manually opened and manually closed type.
(d) Be positively opened with the opening not solely dependent on
springs.
(xx) The manual operation of an emergency stop switch associated
with an operating device for the working platform shall open the
potential relay for vertical travel, thereby disconnecting the electric
power from the hoisting machine and applying both the primary and
secondary brakes.
(xxi) The manual operation of the emergency stop switch associated
with the operating device for a power-driven roof car shall cause the
electrical power to the traverse machine to be interrupted, and the
traverse machine brake to apply.
(23) Requirements for emergency communications. (i) Communication
equipment shall be provided for each powered platform for use in an
emergency.
(ii) Two-way communication shall be established between personnel on
the roof and personnel on the stalled working platform before any
emergency operation of the working platform is undertaken by personnel
on the roof.
(iii) The equipment shall permit two-way voice communication between
the working platform and
(a) Designated personnel continuously available while the powered
platform is in use; and
(b) Designated personnel on roof-powered platforms, undertaking
emergency operation of the working platform by means of the emergency
operating device located near the hoisting machine.
(iv) The emergency communication equipment shall be one of the
following types:
(a) Telephone connected to the central telephone exchange system; or
(b) Telephones on a limited system or an approved two-way radio
system, provided designated personnel are available to receive a message
during the time the powered platform is in use.
(d) Type T powered platforms--(1) Roof car. The requirements of
paragraphs (c)(1) through (c)(5) of this appendix shall apply to Type T
powered platforms.
(2) Working platform. The requirements of paragraphs (c)(6) through
(c)(16) of this appendix apply to Type T powered platforms.
(i) The working platform shall be suspended by at least two wire
ropes.
(ii) The maximum rated speed at which the working platform of self-
powered platforms may be moved in a vertical direction shall not exceed
35 feet per minute.
(3) Hoisting equipment. The requirements of paragraphs (c) (17) and
(18) of this appendix shall apply to Type T powered platforms.
(4) Brakes. Brakes requirements of paragraph (c)(19) of this
appendix shall apply.
(5) Hoisting ropes and rope connections. (i) Paragraphs (c)(20) (i)
through (vi) and (viii) of this appendix shall apply to Type T powered
platforms.
(ii) Adjustable shackle rods in subparagraph (c)(20)(vii) of this
appendix shall apply to Type T powered platforms, if the working
platform is suspended by more than two wire ropes.
(6) Electrical wiring and equipment. (i) The requirements of
paragraphs (c)(22) (i) through (vi) of this appendix shall apply to Type
T powered platforms. ``Circuit protection limitation,'' ``powered
platform electrical service system,'' all operating services and control
equipment shall comply with the specifications contained in part 2,
section 26, ANSI A120.1-1970.
(ii) For electrical protective devices the requirements of
paragraphs (c)(22) (i) through (viii) of this appendix shall apply to
Type T powered platforms. Requirements for the ``circuit potential
limitation'' shall be in accordance with specifications contained in
part 2, section 26, of ANSI A120.1-1970.
(7) Emergency communications. All the requirements of paragraph
(c)(23) of this appendix shall apply to Type T powered platforms.
[54 FR 31456, July 28, 1989, as amended at 61 FR 9235, Mar. 7, 1996; 72
FR 7190, Feb. 14, 2007]
[[Page 200]]
Sec. 1910.67 Vehicle-mounted elevating and rotating work platforms.
(a) Definitions applicable to this section--(1) Aerial device. Any
vehicle--mounted device, telescoping or articulating, or both, which is
used to position personnel.
(2) Aerial ladder. An aerial device consisting of a single- or
multiple-section extensible ladder.
(3) Articulating boom platform. An aerial device with two or more
hinged boom sections.
(4) Extensible boom platform. An aerial device (except ladders) with
a telescopic or extensible boom. Telescopic derricks with personnel
platform attachments shall be considered to be extensible boom platforms
when used with a personnel platform.
(5) Insulated aerial device. An aerial device designed for work on
energized lines and apparatus.
(6) Mobile unit. A combination of an aerial device, its vehicle, and
related equipment.
(7) Platform. Any personnel-carrying device (basket or bucket) which
is a component of an aerial device.
(8) Vehicle. Any carrier that is not manually propelled.
(9) Vertical tower. An aerial device designed to elevate a platform
in a substantially vertical axis.
(b) General requirements. (1) Unless otherwise provided in this
section, aerial devices (aerial lifts) acquired on or after July 1,
1975, shall be designed and constructed in conformance with the
applicable requirements of the American National Standard for ``Vehicle
Mounted Elevating and Rotating Work Platforms,'' ANSI A92.2--1969,
including appendix, which is incorporated by reference as specified in
Sec. 1910.6. Aerial lifts acquired for use before July 1, 1975 which do
not meet the requirements of ANSI A92.2--1969, may not be used after
July 1, 1976, unless they shall have been modified so as to conform with
the applicable design and construction requirements of ANSI A92.2--1969.
Aerial devices include the following types of vehicle-mounted aerial
devices used to elevate personnel to jobsites above ground: (i)
Extensible boom platforms, (ii) aerial ladders, (iii) articulating boom
platforms, (iv) vertical towers, and (v) a combination of any of the
above. Aerial equipment may be made of metal, wood, fiberglass
reinforced plastic (FRP), or other material; may be powered or manually
operated; and are deemed to be aerial lifts whether or not they are
capable of rotating about a substantially vertical axis.
(2) Aerial lifts may be ``field modified'' for uses other than those
intended by the manufacturer, provided the modification has been
certified in writing by the manufacturer or by any other equivalent
entity, such as a nationally recognized testing laboratory, to be in
conformity with all applicable provisions of ANSI A92.2--1969 and this
section, and to be at least as safe as the equipment was before
modification.
(3) The requirements of this section do not apply to firefighting
equipment or to the vehicles upon which aerial devices are mounted,
except with respect to the requirement that a vehicle be a stable
support for the aerial device.
(4) For operations near overhead electric lines, see Sec.
1910.333(c)(3).
(c) Specific requirements--(1) Ladder trucks and tower trucks.
Before the truck is moved for highway travel, aerial ladders shall be
secured in the lower traveling position by the locking device above the
truck cab, and the manually operated device at the base of the ladder,
or by other equally effective means (e.g., cradles which prevent
rotation of the ladder in combination with positive acting linear
actuators).
(2) Extensible and articulating boom platforms. (i) Lift controls
shall be tested each day prior to use to determine that such controls
are in safe working condition.
(ii) Only trained persons shall operate an aerial lift.
(iii) Belting off to an adjacent pole, structure, or equipment while
working from an aerial lift shall not be permitted.
(iv) Employees shall always stand firmly on the floor of the basket,
and shall not sit or climb on the edge of the basket or use planks,
ladders, or other devices for a work position.
(v) A body belt shall be worn and a lanyard attached to the boom or
basket when working from an aerial lift.
(vi) Boom and basket load limits specified by the manufacturer shall
not be exceeded.
[[Page 201]]
(vii) The brakes shall be set and outriggers, when used, shall be
positioned on pads or a solid surface. Wheel chocks shall be installed
before using an aerial lift on an incline.
(viii) An aerial lift truck may not be moved when the boom is
elevated in a working position with men in the basket, except for
equipment which is specifically designed for this type of operation in
accordance with the provisions of paragraphs (b)(1) and (b)(2) of this
section.
(ix) Articulating boom and extensible boom platforms, primarily
designed as personnel carriers, shall have both platform (upper) and
lower controls. Upper controls shall be in or beside the platform within
easy reach of the operator. Lower controls shall provide for overriding
the upper controls. Controls shall be plainly marked as to their
function. Lower level controls shall not be operated unless permission
has been obtained from the employee in the lift, except in case of
emergency.
(x) Climbers shall not be worn while performing work from an aerial
lift.
(xi) The insulated portion of an aerial lift shall not be altered in
any manner that might reduce its insulating value.
(xii) Before moving an aerial lift for travel, the boom(s) shall be
inspected to see that it is properly cradled and outriggers are in
stowed position, except as provided in paragraph (c)(2)(viii) of this
section.
(3) Electrical tests. Electrical tests shall be made in conformance
with the requirements of ANSI A92.2--1969, Section 5. However,
equivalent DC voltage tests may be used in lieu of the AC voltage test
specified in A92.2--1969. DC voltage tests which are approved by the
equipment manufacturer or equivalent entity shall be considered an
equivalent test for the purpose of this paragraph (c)(3).
(4) Bursting safety factor. All critical hydraulic and pneumatic
components shall comply with the provisions of the American National
Standards Institute standard, ANSI A92.2--1969, Section 4.9 Bursting
Safety Factor. Critical components are those in which a failure would
result in a free fall or free rotation of the boom. All noncritical
components shall have a bursting safety factor of at least two to one.
(5) ``Welding standards.'' All welding shall conform to the
following American Welding Society (AWS) Standards which are
incorporated by reference as specified in Sec. 1910.6, as applicable:
(i) Standard Qualification Procedure, AWS B3.0--41.
(ii) Recommended Practices for Automotive Welding Design, AWS D8.4-
61.
(iii) Standard Qualification of Welding Procedures and Welders for
Piping and Tubing, AWS D10.9-69.
(iv) Specifications for Welding Highway and Railway Bridges, AWS
D2.0-69.
[39 FR 23502, June 27, 1974, as amended at 40 FR 13439, Mar. 26, 1975;
55 FR 32014, Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996; 79 FR 37190, July
1, 2014]
Sec. 1910.68 Manlifts.
(a) Definitions applicable to this section--(1) Handhold (Handgrip).
A handhold is a device attached to the belt which can be grasped by the
passenger to provide a means of maintaining balance.
(2) Open type. One which has a handgrip surface fully exposed and
capable of being encircled by the passenger's fingers.
(3) Closed type. A cup-shaped device, open at the top in the
direction of travel of the step for which it is to be used, and closed
at the bottom, into which the passenger may place his fingers.
(4) Limit switch. A device, the purpose of which is to cut off the
power to the motor and apply the brake to stop the carrier in the event
that a loaded step passes the terminal landing.
(5) Manlift. A device consisting of a power-driven endless belt
moving in one direction only, and provided with steps or platforms and
handholds attached to it for the transportation of personnel from floor
to floor.
(6) Rated speed. Rated speed is the speed for which the device is
designed and installed.
(7) Split-rail switch. An electric limit switch operated
mechanically by the rollers on the manlift steps. It consists of an
additional hinged or ``split'' rail, mounted on the regular guide rail,
over which the step rollers pass. It is springloaded in the ``split''
position. If the step supports no load, the rollers
[[Page 202]]
will ``bump'' over the switch; if a loaded step should pass over the
section, the split rail will be forced straight, tripping the switch and
opening the electrical circuit.
(8) Step (platform). A step is a passenger carrying unit.
(9) Travel. The travel is the distance between the centers of the
top and bottom pulleys.
(b) General requirements--(1) Application. This section applies to
the construction, maintenance, inspection, and operation of manlifts in
relation to accident hazards. Manlifts covered by this section consist
of platforms or brackets and accompanying handholds mounted on, or
attached to an endless belt, operating vertically in one direction only
and being supported by, and driven through pulleys, at the top and
bottom. These manlifts are intended for conveyance of persons only. It
is not intended that this section cover moving stairways, elevators with
enclosed platforms (``Paternoster'' elevators), gravity lifts, nor
conveyors used only for conveying material. This section applies to
manlifts used to carry only personnel trained and authorized by the
employer in their use.
(2) Purpose. The purpose of this section is to provide reasonable
safety for life and limb.
(3) Design requirements. All new manlift installations and equipment
installed after the effective date of these regulations shall meet the
design requirements of the ``American National Safety Standard for
Manlifts ANSI A90.1-1969'', which is incorporated by reference as
specified in Sec. 1910.6, and the requirements of this section.
(4) Reference to other codes and subparts. The following codes and
subparts of this part are applicable to this section: Safety Code for
Mechanical Power Transmission Apparatus, ANSI B15.1-1953 (R 1958);
Safety Code for Fixed Ladders, ANSI A14.3-1956; and subparts D, O, and
S. The preceding ANSI standards are incorporated by reference as
specified in Sec. 1910.6.
(5) Floor openings--(i) Allowable size. Floor openings for both the
``up'' and ``down'' runs shall be not less than 28 inches nor more than
36 inches in width for a 12-inch belt; not less than 34 inches nor more
than 38 inches for a 14-inch belt; and not less than 36 inches nor more
than 40 inches for a 16-inch belt and shall extend not less than 24
inches, nor more than 28 inches from the face of the belt.
(ii) Uniformity. All floor openings for a given manlift shall be
uniform in size and shall be approximately circular, and each shall be
located vertically above the opening below it.
(6) Landing--(i) Vertical clearance. The clearanace between the
floor or mounting platform and the lower edge for the conical guard
above it required by subparagraph (7) of this paragraph shall not be
less than 7 feet 6 inches. Where this clearance cannot be obtained no
access to the manlift shall be provided and the manlift runway shall be
enclosed where it passes through such floor.
(ii) Clear landing space. The landing space adjacent to the floor
openings shall be free from obstruction and kept clear at all times.
This landing space shall be at least 2 feet in width from the edge of
the floor opening used for mounting and dismounting.
(iii) Lighting and landing. Adequate lighting, not less than 5-foot
candles, shall be provided at each floor landing at all times when the
lift is in operation.
(iv) Landing surface. The landing surfaces at the entrances and
exits to the manlift shall be constructed and maintained as to provide
safe footing at all times.
(v) Emergency landings. Where there is a travel of 50 feet or more
between floor landings, one or more emergency landings shall be provided
so that there will be a landing (either floor or emergency) for every 25
feet or less of manlift travel.
(a) Emergency landings shall be accessible from both the ``up'' and
``down'' rungs of the manlift and shall give access to the ladder
required in subparagraph (12) of this paragraph.
(b) Emergency landings shall be completely enclosed with a standard
railing and toeboard.
(c) Platforms constructed to give access to bucket elevators or
other equipment for the purpose of inspection, lubrication, and repair
may also serve as emergency landings under this rule. All
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such platforms will then be considered part of the emergency landing and
shall be provided with standard railings and toeboards.
(7) Guards on underside of floor openings--(i) Fixed type. On the
ascending side of the manlift floor openings shall be provided with a
bevel guard or cone meeting the following requirements:
(a) The cone shall make an angle of not less than 45[deg] with the
horizontal. An angle of 60[deg] or greater shall be used where ceiling
heights permit.
(b) The lower edge of this guard shall extend at least 42 inches
outward from any handhold on the belt. It shall not extend beyond the
upper surface of the floor above.
(c) The cone shall be made of not less than No. 18 U.S. gauge sheet
steel or material of equivalent strength or stiffness. The lower edge
shall be rolled to a minimum diameter of one-half inch and the interior
shall be smooth with no rivets, bolts or screws protruding.
(ii) Floating type. In lieu of the fixed guards specified in
subdivision (i) of this subparagraph a floating type safety cone may be
used, such floating cones to be mounted on hinges at least 6 inches
below the underside of the floor and so constructed as to actuate a
limit switch should a force of 2 pounds be applied on the edge of the
cone closest to the hinge. The depth of this floating cone need not
exceed 12 inches.
(8) Protection of entrances and exits--(i) Guard rail requirement.
The entrances and exits at all floor landings affording access to the
manlift shall be guarded by a maze (staggered railing) or a handrail
equipped with self-closing gates.
(ii) Construction. The rails shall be standard guardrails with
toeboards meeting the provisions of Sec. 1910.23.
(iii) Gates. Gates, if used, shall open outward and shall be self-
closing. Corners of gates shall be rounded.
(iv) Maze. Maze or staggered openings shall offer no direct passage
between enclosure and outer floor space.
(v) Except where building layout prevents, entrances at all landings
shall be in the same relative position.
(9) Guards for openings--(i) Construction. The floor opening at each
landing shall be guarded on sides not used for entrance or exit by a
wall, a railing and toeboard or by panels of wire mesh of suitable
strength.
(ii) Height and location. Such rails or guards shall be at least 42
inches in height on the up-running side and 66 inches on the down-
running side.
(10) Bottom arrangement--(i) Bottom landing. At the bottom landing
the clear area shall be not smaller than the area enclosed by the
guardrails on the floors above, and any wall in front of the down-
running side of the belt shall be not less than 48 inches from the face
of the belt. This space shall not be encroached upon by stairs or
ladders.
(ii) Location of lower pulley. The lower (boot) pulley shall be
installed so that it is supported by the lowest landing served. The
sides of the pulley support shall be guarded to prevent contact with the
pulley or the steps.
(iii) Mounting platform. A mounting platform shall be provided in
front or to one side of the uprun at the lowest landing, unless the
floor level is such that the following requirement can be met: The floor
or platform shall be at or above the point at which the upper surface of
the ascending step completes its turn and assumes a horizontal position.
(iv) Guardrails. To guard against persons walking under a descending
step, the area on the downside of the manlift shall be guarded in
accordance with subparagraph (8) of this paragraph. To guard against a
person getting between the mounting platform and an ascending step, the
area between the belt and the platform shall be protected by a
guardrail.
(11) Top arrangements--(i) Clearance from floor. A top clearance
shall be provided of at least 11 feet above the top terminal landing.
This clearance shall be maintained from a plane through each face of the
belt to a vertical cylindrical plane having a diameter 2 feet greater
than the diameter of the floor opening, extending upward from the top
floor to the ceiling on the up-running side of the belt. No encroachment
of structural or machine supporting members within this space will be
permitted.
(ii) Pulley clearance. (a) There shall be a clearance of at least 5
feet between
[[Page 204]]
the center of the head pulley shaft and any ceiling obstruction.
(b) The center of the head pulley shaft shall be not less than 6
feet above the top terminal landing.
(iii) Emergency grab rail. An emergency grab bar or rail and
platform shall be provided at the head pulley when the distance to the
head pulley is over 6 feet above the top landing, otherwise only a grab
bar or rail is to be provided to permit the rider to swing free should
the emergency stops become inoperative.
(12) Emergency exit ladder. A fixed metal ladder accessible from
both the ``up'' and ``down'' run of the manlift shall be provided for
the entire travel of the manlift. Such ladder shall be in accordance
with the existing ANSI A14.3-1956 Safety Code for Fixed Ladders and
Sec. 1910.27.
(13) Superstructure bracing. Manlift rails shall be secured in such
a manner as to avoid spreading, vibration, and misalinement.
(14) Illumination--(i) General. Both runs of the manlift shall be
illuminated at all times when the lift is in operation. An intensity of
not less than 1-foot candle shall be maintained at all points. (However,
see subparagraph (6)(iii) of this paragraph for illumination
requirements at landings.)
(ii) Control of illumination. Lighting of manlift runways shall be
by means of circuits permanently tied in to the building circuits (no
switches), or shall be controlled by switches at each landing. Where
separate switches are provided at each landing, any switch shall turn on
all lights necessary to illuminate the entire runway.
(15) Weather protection. The entire manlift and its driving
mechanism shall be protected from the weather at all times.
(c) Mechanical requirements--(1) Machines, general--(i) Brakes.
Brakes provided for stopping and holding a manlift shall be inherently
self-engaging, by requiring power or force from an external source to
cause disengagement. The brake shall be electrically released, and shall
be applied to the motor shaft for direct-connected units or to the input
shaft for belt-driven units. The brake shall be capable of stopping and
holding the manlift when the descending side is loaded with 250 lb on
each step.
(ii) Belt. (a) The belts shall be of hard-woven canvas, rubber-
coated canvas, leather, or other material meeting the strength
requirements of paragraph (b)(3) of this section and having a
coefficient of friction such that when used in conjunction with an
adequate tension device it will meet the brake test specified in
subdivision (i) of this subparagraph.
(b) The width of the belt shall be not less than 12 inches for a
travel not exceeding 100 feet, not less than 14 inches for a travel
greater than 100 feet but not exceeding 150 feet and 16 inches for a
travel exceeding 150 feet.
(c) A belt that has become torn while in use on a manlift shall not
be spliced and put back in service.
(2) Speed--(i) Maximum speed. No manlift designed for a speed in
excess of 80 feet per minute shall be installed.
(ii) [Reserved]
(3) Platforms or steps--(i) Minimum depth. Steps or platforms shall
be not less than 12 inches nor more than 14 inches deep, measured from
the belt to the edge of the step or platform.
(ii) Width. The width of the step or platform shall be not less than
the width of the belt to which it is attached.
(iii) Distance between steps. The distance between steps shall be
equally spaced and not less than 16 feet measured from the upper surface
of one step to the upper surface of the next step above it.
(iv) Angle of step. The surface of the step shall make approximately
a right angle with the ``up'' and ``down'' run of the belt, and shall
travel in the approximate horizontal position with the ``up'' and
``down'' run of the belt.
(v) Surfaces. The upper or working surfaces of the step shall be of
a material having inherent nonslip characteristics (coefficient of
friction not less than 0.5) or shall be covered completely by a nonslip
tread securely fastened to it.
(vi) Strength of step supports. When subjected to a load of 400
pounds applied at the approximate center of the step, step frames, or
supports and their guides shall be of adequate strength to:
[[Page 205]]
(a) Prevent the disengagement of any step roller.
(b) Prevent any appreciable misalinement.
(c) Prevent any visible deformation of the steps or its support.
(vii) Prohibition of steps without handholds. No steps shall be
provided unless there is a corresponding handhold above or below it
meeting the requirements of paragraph (c)(4) of this section. If a step
is removed for repairs or permanently, the handholds immediately above
and below it shall be removed before the lift is again placed in
service.
(4) Handholds--(i) Location. Handholds attached to the belt shall be
provided and installed so that they are not less than 4 feet nor more
than 4 feet 8 inches above the step tread. These shall be so located as
to be available on the both ``up'' and ``down'' run of the belt.
(ii) Size. The grab surface of the handhold shall be not less than
4\1/2\ inches in width, not less than 3 inches in depth, and shall
provide 2 inches of clearance from the belt. Fastenings for handholds
shall be located not less than 1 inch from the edge of the belt.
(iii) Strength. The handhold shall be capable of withstanding,
without damage, a load of 300 pounds applied parallel to the run of the
belt.
(iv) Prohibition of handhold without steps. No handhold shall be
provided without a corresponding step. If a handhold is removed
permanently or temporarily, the corresponding step and handhold for the
opposite direction of travel shall also be removed before the lift is
again placed in service.
(v) Type. All handholds shall be of the closed type.
(5) Up limit stops--(i) Requirements. Two separate automatic stop
devices shall be provided to cut off the power and apply the brake when
a loaded step passes the upper terminal landing. One of these shall
consist of a split-rail switch mechanically operated by the step roller
and located not more than 6 inches above the top terminal landing. The
second automatic stop device may consist of any of the following:
(a) Any split-rail switch placed 6 inches above and on the side
opposite the first limit switch.
(b) An electronic device.
(c) A switch actuated by a lever, rod, or plate, the latter to be
placed on the ``up'' side of the head pulley so as to just clear a
passing step.
(ii) Manual reset location. After the manlift has been stopped by a
stop device it shall be necessary to reset the automatic stop manually.
The device shall be so located that a person resetting it shall have a
clear view of both the ``up'' and ``down'' runs of the manlift. It shall
not be possible to reset the device from any step or platform.
(iii) Cut-off point. The initial limit stop device shall function so
that the manlift will be stopped before the loaded step has reached a
point 24 inches above the top terminal landing.
(iv) Electrical requirements. (a) Where such switches open the main
motor circuit directly they shall be of the multipole type.
(b) Where electronic devices are used they shall be so designed and
installed that failure will result in shutting off the power to the
driving motor.
(c) Where flammable vapors or combustible dusts may be present,
electrical installations shall be in accordance with the requirements of
subpart S of this part for such locations.
(d) Unless of the oil-immersed type controller contacts carrying the
main motor current shall be copper to carbon or equal, except where the
circuit is broken at two or more points simultaneously.
(6) Emergency stop--(i) General. An emergency stop means shall be
provided.
(ii) Location. This stop means shall be within easy reach of the
ascending and descending runs of the belt.
(iii) Operation. This stop means shall be so connected with the
control lever or operating mechanism that it will cut off the power and
apply the brake when pulled in the direction of travel.
(iv) Rope. If rope is used, it shall be not less than three-eights
inch in diameter. Wire rope, unless marlin-covered, shall not be used.
(7) Instruction and warning signs--(i) Instruction signs at landings
or belts. Signs of conspicuous and easily read style giving instructions
for the use of
[[Page 206]]
the manlift shall be posted at each landing or stenciled on the belt.
(a) [Reserved]
(b) The instructions shall read approximately as follows:
Face the Belt.
Use the Handholds.
To Stop--Pull Rope.
(ii) Top floor warning sign and light. (a) At the top floor an
illuminated sign shall be displayed bearing the following wording:
``TOP FLOOR--GET OFF''
Signs shall be in block letters not less than 2 inches in height. This
sign shall be located within easy view of an ascending passenger and not
more than 2 feet above the top terminal landing.
(b) In addition to the sign required by paragraph (c)(7)(ii)(a) of
this section, a red warning light of not less than 40- watt rating shall
be provided immediately below the upper landing terminal and so located
as to shine in the passenger's face.
(iii) Visitor warning. A conspicuous sign having the following
legend--AUTHORIZED PERSONNEL ONLY--shall be displayed at each landing.
(d) Operating rules--(1) Proper use of manlifts. No freight,
packaged goods, pipe, lumber, or construction materials of any kind
shall be handled on any manlift.
(2) [Reserved]
(e) Periodic inspection--(1) Frequency. All manlifts shall be
inspected by a competent designated person at intervals of not more than
30 days. Limit switches shall be checked weekly. Manlifts found to be
unsafe shall not be operated until properly repaired.
(2) Items covered. This periodic inspection shall cover but is not
limited to the following items:
Steps.
Step Fastenings.
Rails.
Rail Supports and Fastenings.
Rollers and Slides.
Belt and Belt Tension.
Handholds and Fastenings.
Floor Landings.
Guardrails.
Lubrication.
Limit Switches.
Warning Signs and Lights.
Illumination.
Drive Pulley.
Bottom (boot) Pulley and Clearance.
Pulley Supports.
Motor.
Driving Mechanism.
Brake.
Electrical Switches.
Vibration and Misalignment.
``Skip'' on up or down run when mounting step (indicating worn gears).
(3) Inspection record. A certification record shall be kept of each
inspection which includes the date of the inspection, the signature of
the person who performed the inspection and the serial number, or other
identifier, of the manlift which was inspected. This record of
inspection shall be made available to the Assistant Secretary of Labor
or a duly authorized representative.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978;
51 FR 34560, Sept. 29, 1986; 54 FR 24334, June 7, 1989; 55 FR 32014,
Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996; 72 FR 71068, Dec. 14, 2007]
Subpart G_Occupational Health and Environmental Control
Authority: 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 50017), 5-
2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.
Sec. 1910.94 Ventilation.
(a) Abrasive blasting--(1) Definitions applicable to this
paragraph--(i) Abrasive. A solid substance used in an abrasive blasting
operation.
(ii) Abrasive-blasting respirator. A respirator constructed so that
it covers the wearer's head, neck, and shoulders to protect the wearer
from rebounding abrasive.
(iii) Blast cleaning barrel. A complete enclosure which rotates on
an axis, or which has an internal moving tread to tumble the parts, in
order to expose various surfaces of the parts to the action of an
automatic blast spray.
(iv) Blast cleaning room. A complete enclosure in which blasting
operations are performed and where the operator works inside of the room
to operate the blasting nozzle and direct the flow of the abrasive
material.
[[Page 207]]
(v) Blasting cabinet. An enclosure where the operator stands outside
and operates the blasting nozzle through an opening or openings in the
enclosure.
(vi) Clean air. Air of such purity that it will not cause harm or
discomfort to an individual if it is inhaled for extended periods of
time.
(vii) Dust collector. A device or combination of devices for
separating dust from the air handled by an exhaust ventilation system.
(viii) Exhaust ventilation system. A system for removing
contaminated air from a space, comprising two or more of the following
elements (a) enclosure or hood, (b) duct work, (c) dust collecting
equipment, (d) exhauster, and (e) discharge stack.
(ix) Particulate-filter respirator. An air purifying respirator,
commonly referred to as a dust or a fume respirator, which removes most
of the dust or fume from the air passing through the device.
(x) Respirable dust. Airborne dust in sizes capable of passing
through the upper respiratory system to reach the lower lung passages.
(xi) Rotary blast cleaning table. An enclosure where the pieces to
be cleaned are positioned on a rotating table and are passed
automatically through a series of blast sprays.
(xii) Abrasive blasting. The forcible application of an abrasive to
a surface by pneumatic pressure, hydraulic pressure, or centrifugal
force.
(2) Dust hazards from abrasive blasting. (i) Abrasives and the
surface coatings on the materials blasted are shattered and pulverized
during blasting operations and the dust formed will contain particles of
respirable size. The composition and toxicity of the dust from these
sources shall be considered in making an evaluation of the potential
health hazards.
(ii) The concentration of respirable dust or fume in the breathing
zone of the abrasive-blasting operator or any other worker shall be kept
below the levels specified in Sec. 1910.1000.
(iii) Organic abrasives which are combustible shall be used only in
automatic systems. Where flammable or explosive dust mixtures may be
present, the construction of the equipment, including the exhaust system
and all electric wiring, shall conform to the requirements of American
National Standard Installation of Blower and Exhaust Systems for Dust,
Stock, and Vapor Removal or Conveying, Z33.1-1961 (NFPA 91-1961), which
is incorporated by reference as specified in Sec. 1910.6, and subpart S
of this part. The blast nozzle shall be bonded and grounded to prevent
the build up of static charges. Where flammable or explosive dust
mixtures may be present, the abrasive blasting enclosure, the ducts, and
the dust collector shall be constructed with loose panels or explosion
venting areas, located on sides away from any occupied area, to provide
for pressure relief in case of explosion, following the principles set
forth in the National Fire Protection Association Explosion Venting
Guide, NFPA 68-1954, which is incorporated by reference as specified in
Sec. 1910.6.
(3) Blast-cleaning enclosures. (i) Blast-cleaning enclosures shall
be exhaust ventilated in such a way that a continuous inward flow of air
will be maintained at all openings in the enclosure during the blasting
operation.
(a) All air inlets and access openings shall be baffled or so
arranged that by the combination of inward air flow and baffling the
escape of abrasive or dust particules into an adjacent work area will be
minimized and visible spurts of dust will not be observed.
(b) The rate of exhaust shall be sufficient to provide prompt
clearance of the dust-laden air within the enclosure after the cessation
of blasting.
(c) Before the enclosure is opened, the blast shall be turned off
and the exhaust system shall be run for a sufficient period of time to
remove the dusty air within the enclosure.
(d) Safety glass protected by screening shall be used in observation
windows, where hard deep-cutting abrasives are used.
(e) Slit abrasive-resistant baffles shall be installed in multiple
sets at all small access openings where dust might escape, and shall be
inspected regularly and replaced when needed.
(1) Doors shall be flanged and tight when closed.
(2) Doors on blast-cleaning rooms shall be operable from both inside
and outside, except that where there is a
[[Page 208]]
small operator access door, the large work access door may be closed or
opened from the outside only.
(ii) [Reserved]
(4) Exhaust ventilation systems. (i) The construction, installation,
inspection, and maintenance of exhaust systems shall conform to the
principles and requirements set forth in American National Standard
Fundamentals Governing the Design and Operation of Local Exhaust
Systems, Z9.2-1960, and ANSI Z33.1-1961, which is incorporated by
reference as specified in Sec. 1910.6.
(a) When dust leaks are noted, repairs shall be made as soon as
possible.
(b) The static pressure drop at the exhaust ducts leading from the
equipment shall be checked when the installation is completed and
periodically thereafter to assure continued satisfactory operation.
Whenever an appreciable change in the pressure drop indicates a partial
blockage, the system shall be cleaned and returned to normal operating
condition.
(ii) In installations where the abrasive is recirculated, the
exhaust ventilation system for the blasting enclosure shall not be
relied upon for the removal of fines from the spent abrasive instead of
an abrasive separator. An abrasive separator shall be provided for the
purpose.
(iii) The air exhausted from blast-cleaning equipment shall be
discharged through dust collecting equipment. Dust collectors shall be
set up so that the accumulated dust can be emptied and removed without
contaminating other working areas.
(5) Personal protective equipment. (i) Employers must use only
respirators approved by the National Institute for Occupational Safety
and Health (NIOSH) under 42 CFR part 84 to protect employees from dusts
produced during abrasive-blasting operations.
(ii) Abrasive-blasting respirators shall be worn by all abrasive-
blasting operators:
(a) When working inside of blast-cleaning rooms, or
(b) When using silica sand in manual blasting operations where the
nozzle and blast are not physically separated from the operator in an
exhaust ventilated enclosure, or
(c) Where concentrations of toxic dust dispersed by the abrasive
blasting may exceed the limits set in Sec. 1910.1000 and the nozzle and
blast are not physically separated from the operator in an exhaust-
ventilated enclosure.
(iii) Properly fitted particulate-filter respirators, commonly
referred to as dust-filter respirators, may be used for short,
intermittent, or occasional dust exposures such as cleanup, dumping of
dust collectors, or unloading shipments of sand at a receiving point
when it is not feasible to control the dust by enclosure, exhaust
ventilation, or other means. The respirators used must be approved by
NIOSH under 42 CFR part 84 for protection against the specific type of
dust encountered.
(a) Dust-filter respirators may be used to protect the operator of
outside abrasive-blasting operations where nonsilica abrasives are used
on materials having low toxicities.
(b) Dust-filter respirators shall not be used for continuous
protection where silica sand is used as the blasting abrasive, or toxic
materials are blasted.
(iv) For employees who use respirators required by this section, the
employer must implement a respiratory protection program in accordance
with 29 CFR 1910.134.
(v) Operators shall be equipped with heavy canvas or leather gloves
and aprons or equivalent protection to protect them from the impact of
abrasives. Safety shoes shall be worn to protect against foot injury
where heavy pieces of work are handled.
(a) Protective footwear must comply with the requirements specified
by 29 CFR 1910.136(b)(1).
(b) Equipment for protection of the eyes and face shall be supplied
to the operator when the respirator design does not provide such
protection and to any other personnel working in the vicinity of
abrasive blasting operations. This equipment shall conform to the
requirements of Sec. 1910.133.
(6) Air supply and air compressors. Air for abrasive-blasting
respirators must be free of harmful quantities of dusts, mists, or
noxious gases, and must meet the requirements for supplied-air quality
and use specified in 29 CFR 1910.134(i).
[[Page 209]]
(7) Operational procedures and general safety. Dust shall not be
permitted to accumulate on the floor or on ledges outside of an
abrasive-blasting enclosure, and dust spills shall be cleaned up
promptly. Aisles and walkways shall be kept clear of steel shot or
similar abrasive which may create a slipping hazard.
(8) Scope. This paragraph (a) applies to all operations where an
abrasive is forcibly applied to a surface by pneumatic or hydraulic
pressure, or by centrifugal force. It does not apply to steam blasting,
or steam cleaning, or hydraulic cleaning methods where work is done
without the aid of abrasives.
(b) Grinding, polishing, and buffing operations--(1) Definitions
applicable to this paragraph--(i) Abrasive cutting-off wheels. Organic-
bonded wheels, the thickness of which is not more than one forty-eighth
of their diameter for those up to, and including, 20 inches in diameter,
and not more than one-sixtieth of their diameter for those larger than
20 inches in diameter, used for a multitude of operations variously
known as cutting, cutting off, grooving, slotting, coping, and jointing,
and the like. The wheels may be ``solid'' consisting of organic-bonded
abrasive material throughout, ``steel centered'' consisting of a steel
disc with a rim of organic-bonded material moulded around the periphery,
or of the ``inserted tooth'' type consisting of a steel disc with
organic-bonded abrasive teeth or inserts mechanically secured around the
periphery.
(ii) Belts. All power-driven, flexible, coated bands used for
grinding, polishing, or buffing purposes.
(iii) Branch pipe. The part of an exhaust system piping that is
connected directly to the hood or enclosure.
(iv) Cradle. A movable fixture, upon which the part to be ground or
polished is placed.
(v) Disc wheels. All power-driven rotatable discs faced with
abrasive materials, artificial or natural, and used for grinding or
polishing on the side of the assembled disc.
(vi) Entry loss. The loss in static pressure caused by air flowing
into a duct or hood. It is usually expressed in inches of water gauge.
(vii) Exhaust system. A system consisting of branch pipes connected
to hoods or enclosures, one or more header pipes, an exhaust fan, means
for separating solid contaminants from the air flowing in the system,
and a discharge stack to outside.
(viii) Grinding wheels. All power-driven rotatable grinding or
abrasive wheels, except disc wheels as defined in this standard,
consisting of abrasive particles held together by artificial or natural
bonds and used for peripheral grinding.
(ix) Header pipe (main pipe). A pipe into which one or more branch
pipes enter and which connects such branch pipes to the remainder of the
exhaust system.
(x) Hoods and enclosures. The partial or complete enclosure around
the wheel or disc through which air enters an exhaust system during
operation.
(xi) Horizontal double-spindle disc grinder. A grinding machine
carrying two power-driven, rotatable, coaxial, horizontal spindles upon
the inside ends of which are mounted abrasive disc wheels used for
grinding two surfaces simultaneously.
(xii) Horizontal single-spindle disc grinder. A grinding machine
carrying an abrasive disc wheel upon one or both ends of a power-driven,
rotatable single horizontal spindle.
(xiii) Polishing and buffing wheels. All power-driven rotatable
wheels composed all or in part of textile fabrics, wood, felt, leather,
paper, and may be coated with abrasives on the periphery of the wheel
for purposes of polishing, buffing, and light grinding.
(xiv) Portable grinder. Any power-driven rotatable grinding,
polishing, or buffing wheel mounted in such manner that it may be
manually manipulated.
(xv) Scratch brush wheels. All power-driven rotatable wheels made
from wire or bristles, and used for scratch cleaning and brushing
purposes.
(xvi) Swing-frame grinder. Any power-driven rotatable grinding,
polishing, or buffing wheel mounted in such a manner that the wheel with
its supporting framework can be manipulated over stationary objects.
(xvii) Velocity pressure (vp). The kinetic pressure in the direction
of flow necessary to cause a fluid at rest to
[[Page 210]]
flow at a given velocity. It is usually expressed in inches of water
gauge.
(xviii) Vertical spindle disc grinder. A grinding machine having a
vertical, rotatable power-driven spindle carrying a horizontal abrasive
disc wheel.
(2) Application. Wherever dry grinding, dry polishing or buffing is
performed, and employee exposure, without regard to the use of
respirators, exceeds the permissible exposure limits prescribed in Sec.
1910.1000 or other sections of this part, a local exhaust ventilation
system shall be provided and used to maintain employee exposures within
the prescribed limits.
(3) Hood and branch pipe requirements. (i) Hoods connected to
exhaust systems shall be used, and such hoods shall be designed,
located, and placed so that the dust or dirt particles shall fall or be
projected into the hoods in the direction of the air flow. No wheels,
discs, straps, or belts shall be operated in such manner and in such
direction as to cause the dust and dirt particles to be thrown into the
operator's breathing zone.
(ii) Grinding wheels on floor stands, pedestals, benches, and
special-purpose grinding machines and abrasive cutting-off wheels shall
have not less than the minimum exhaust volumes shown in Table G-4 with a
recommended minimum duct velocity of 4,500 feet per minute in the branch
and 3,500 feet per minute in the main. The entry losses from all hoods
except the vertical-spindle disc grinder hood, shall equal 0.65 velocity
pressure for a straight takeoff and 0.45 velocity pressure for a tapered
takeoff. The entry loss for the vertical-spindle disc grinder hood is
shown in figure G-1 (following Sec. 1910.94(b)).
Table G-4--Grinding and Abrasive Cutting-Off Wheels
------------------------------------------------------------------------
Minimum
Wheel exhaust
Wheel diameter (inches) width volume
(inches) (feet\3\/
min.)
------------------------------------------------------------------------
To 9............................................ 1\1/2\ 220
Over 9 to 16.................................... 2 390
Over 16 to 19................................... 3 500
Over 19 to 24................................... 4 610
Over 24 to 30................................... 5 880
Over 30 to 36................................... 6 1,200
------------------------------------------------------------------------
For any wheel wider than wheel diameters shown in Table G-4, increase
the exhaust volume by the ratio of the new width to the width shown.
Example: If wheel width = 4\1/2\ inches, then
4.5 / 4 x 610 = 686 (rounded to 690).
(iii) Scratch-brush wheels and all buffing and polishing wheels
mounted on floor stands, pedestals, benches, or special-purpose machines
shall have not less than the minimum exhaust volume shown in Table G-5.
Table G-5--Buffing and Polishing Wheels
------------------------------------------------------------------------
Minimum
Wheel exhaust
Wheel diameter (inches) width volume
(inches) (feet\3\/
min.)
------------------------------------------------------------------------
To 9............................................ 2 300
Over 9 to 16.................................... 3 500
Over 16 to 19................................... 4 610
Over 19 to 24................................... 5 740
Over 24 to 30................................... 6 1,040
Over 30 to 36................................... 6 1,200
------------------------------------------------------------------------
(iv) Grinding wheels or discs for horizontal single-spindle disc
grinders shall be hooded to collect the dust or dirt generated by the
grinding operation and the hoods shall be connected to branch pipes
having exhaust volumes as shown in Table G-6.
Table G-6--Horizontal Single-Spindle Disc Grinder
------------------------------------------------------------------------
Exhaust
volume
Disc diameter (inches) (ft.\3\/
min.)
------------------------------------------------------------------------
Up to 12.................................................... 220
Over 12 to 19............................................... 390
Over 19 to 30............................................... 610
Over 30 to 36............................................... 880
------------------------------------------------------------------------
(v) Grinding wheels or discs for horizontal double-spindle disc
grinders shall have a hood enclosing the grinding chamber and the hood
shall be connected to one or more branch pipes having exhaust volumes as
shown in Table G-7.
Table G-7--Horizontal Double-Spindle Disc Grinder
------------------------------------------------------------------------
Exhaust
volume
Disc diameter (inches) (ft.\3\/
min.)
------------------------------------------------------------------------
Up to 19.................................................... 610
Over 19 to 25............................................... 880
Over 25 to 30............................................... 1,200
Over 30 to 53............................................... 1,770
Over 53 to 72............................................... 6,280
------------------------------------------------------------------------
[[Page 211]]
(vi) Grinding wheels or discs for vertical single-spindle disc
grinders shall be encircled with hoods to remove the dust generated in
the operation. The hoods shall be connected to one or more branch pipes
having exhaust volumes as shown in Table G-8.
Table G-8--Vertical Spindle Disc Grinder
------------------------------------------------------------------------
One-half or more Disc not covered
of disc covered ------------------
-------------------
Disc diameter (inches) Exhaust Number Exhaust
Number foot\3\/ \1\ foot\3\/
\1\ min.) min.
------------------------------------------------------------------------
Up to 20.......................... 1 500 2 780
Over 20 to 30..................... 2 780 2 1,480
Over 30 to 53..................... 2 1,770 4 3,530
Over 53 to 72..................... 2 3,140 5 6,010
------------------------------------------------------------------------
\1\ Number of exhaust outlets around periphery of hood, or equal
distribution provided by other means.
(vii) Grinding and polishing belts shall be provided with hoods to
remove dust and dirt generated in the operations and the hoods shall be
connected to branch pipes having exhaust volumes as shown in Table G-9.
Table G-9--Grinding and Polishing Belts
------------------------------------------------------------------------
Exhaust
volume
Belts width (inches) (ft.\3\/
min.)
------------------------------------------------------------------------
Up to 3..................................................... 220
Over 3 to 5................................................. 300
Over 5 to 7................................................. 390
Over 7 to 9................................................. 500
Over 9 to 11................................................ 610
Over 11 to 13............................................... 740
------------------------------------------------------------------------
(viii) Cradles and swing-frame grinders. Where cradles are used for
handling the parts to be ground, polished, or buffed, requiring large
partial enclosures to house the complete operation, a minimum average
air velocity of 150 feet per minute shall be maintained over the entire
opening of the enclosure. Swing-frame grinders shall also be exhausted
in the same manner as provided for cradles. (See fig. G-3)
(ix) Where the work is outside the hood, air volumes must be
increased as shown in American Standard Fundamentals Governing the
Design and Operation of Local Exhaust Systems, Z9.2-1960 (section 4,
exhaust hoods).
(4) Exhaust systems. (i) Exhaust systems for grinding, polishing,
and buffing operations should be designed in accordance with American
Standard Fundamentals Governing the Design and Operation of Local
Exhaust Systems, Z9.2-1960.
(ii) Exhaust systems for grinding, polishing, and buffing operations
shall be tested in the manner described in American Standard
Fundamentals Governing the Design and Operation of Local Exhaust
Systems, Z9.2-1960.
(iii) All exhaust systems shall be provided with suitable dust
collectors.
(5) Hood and enclosure design. (i)(a) It is the dual function of
grinding and abrasive cutting-off wheel hoods to protect the operator
from the hazards of bursting wheels, as well as to provide a means for
the removal of dust and dirt generated. All hoods shall be not less in
structural strength than specified in Tables O-1 and O-9 of Sec.
1910.215.
(b) Due to the variety of work and types of grinding machines
employed, it is necessary to develop hoods adaptable to the particular
machine in question, and such hoods shall be located as close as
possible to the operation.
(ii) Exhaust hoods for floor stands, pedestals, and bench grinders
shall be designed in accordance with figure G-2. The adjustable tongue
shown in the figure shall be kept in working order and shall be adjusted
within one-fourth inch of the wheel periphery at all times.
(iii) Swing-frame grinders shall be provided with exhaust booths as
indicated in figure G-3.
(iv) Portable grinding operations, whenever the nature of the work
permits, shall be conducted within a partial enclosure. The opening in
the enclosure shall be no larger than is actually required in the
operation and an average face air velocity of not less than 200 feet per
minute shall be maintained.
(v) Hoods for polishing and buffing and scratch-brush wheels shall
be constructed to conform as closely to figure G-4 as the nature of the
work will permit.
(vi) Cradle grinding and polishing operations shall be performed
within a partial enclosure similar to figure G-5. The operator shall be
positioned outside the working face of the opening of the enclosure. The
face opening of the enclosure should not be any greater in area than
that actually required for the performance of the operation and
[[Page 212]]
the average air velocity into the working face of the enclosure shall
not be less than 150 feet per minute.
(vii) Hoods for horizontal single-spindle disc grinders shall be
constructed to conform as closely as possible to the hood shown in
figure G-6. It is essential that there be a space between the back of
the wheel and the hood, and a space around the periphery of the wheel of
at least 1 inch in order to permit the suction to act around the wheel
periphery. The opening on the side of the disc shall be no larger than
is required for the grinding operation, but must never be less than
twice the area of the branch outlet.
(viii) Horizontal double-spindle disc grinders shall have a hood
encircling the wheels and grinding chamber similar to that illustrated
in figure G-7. The openings for passing the work into the grinding
chamber should be kept as small as possible, but must never be less than
twice the area of the branch outlets.
(ix) Vertical-spindle disc grinders shall be encircled with a hood
so constructed that the heavy dust is drawn off a surface of the disc
and the lighter dust exhausted through a continuous slot at the top of
the hood as shown in figure G-1.
(x) Grinding and polishing belt hoods shall be constructed as close
to the operation as possible. The hood should extend almost to the belt,
and 1-inch wide openings should be provided on either side. Figure G-8
shows a typical hood for a belt operation.
[[Page 213]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.015
----------------------------------------------------------------------------------------------------------------
Dia D. inches Exhaust E Volume
-------------------------------------------------------------------- Exhausted
at 4,500 Note
Min. Max. No Dia. ft/min
Pipes ft\3\/min
----------------------------------------------------------------------------------------------------------------
20 1 4\1/4\ 500 When one-half or more of the
disc can be hooded, use
exhaust ducts as shown at the
left.
Over 20................................. 30 2 4 780
Over 30................................. 72 2 6 1,770
Over 53................................. 72 2 8 3,140
----------------------------------------------------------------------------------------------------------------
20 2 4 780 When no hood can be used over
disc, use exhaust ducts as
shown at left.
Over 20................................. 20 2 4 780
Over 30................................. 30 2 5\1/2\ 1,480
Over 53................................. 53 4 6 3,530
72 5 7 6,010
----------------------------------------------------------------------------------------------------------------
Entry loss = 1.0 slot velocity pressure + 0.5 branch velocity pressure.
Minimum slot velocity = 2,000 ft/min--\1/2\-inch slot width.
[[Page 214]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.016
----------------------------------------------------------------------------------------------------------------
Wheel dimension, inches
----------------------------------------------------------------------------------------- Exhaust Volume of
Diameter outlet, air at
----------------------------------------------------------------------------- Width, Max inches E 4,500 ft/
Min=d Max=D min
----------------------------------------------------------------------------------------------------------------
9 1\1/2\ 3 220
Over 9.......................................................... 16 2 4 390
Over 16......................................................... 19 3 4\1/2\ 500
Over 19......................................................... 24 4 5 610
Over 24......................................................... 30 5 6 880
Over 30......................................................... 36 6 7 1,200
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.45 velocity pressure for tapered takeoff 0.65 velocity pressure for straight takeoff.
[[Page 215]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.017
[[Page 216]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.018
Standard Buffing and Polishing Hood
----------------------------------------------------------------------------------------------------------------
Wheel dimension, inches
----------------------------------------------------------------------------------------- Exhaust Volume of
Diameter outlet, air at
----------------------------------------------------------------------------- Width, Max inches E 4,500 ft/
Min=d Max=D min
----------------------------------------------------------------------------------------------------------------
9 2 3\1/2\ 300
Over 9.......................................................... 16 3 4 500
Over 16......................................................... 19 4 5 610
Over 19......................................................... 24 5 5\1/2\ 740
Over 24......................................................... 30 6 6\1/2\ 1.040
Over 30......................................................... 36 6 7 1.200
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.15 velocity pressure for tapered takeoff; 0.65 velocity pressure for straight takeoff.
[[Page 217]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.019
[[Page 218]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.020
------------------------------------------------------------------------
Dia D, inches Volume
------------------------------------------------ Exhaust E, exhausted
dia. at 4,500 ft/
Min. Max. inches min ft\3\/
min
------------------------------------------------------------------------
12 3 220
Over 12............................ 19 4 390
Over 19............................ 30 5 610
Over 30............................ 36 6 880
------------------------------------------------------------------------
Note: If grinding wheels are used for disc grinding purposes, hoods must
conform to structural strength and materials as described in 9.1.
Entry loss = 0.45 velocity pressure for tapered takeoff.
[[Page 219]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.021
----------------------------------------------------------------------------------------------------------------
Disc dia. inches Exhaust E Volume
------------------------------------------------------------------------ exhaust at
4,500 ft/ Note
Min. Max. No Pipes Dia. min. ft\3\/
min
----------------------------------------------------------------------------------------------------------------
19 1 5 610
Over 19............................ 25 1 6 880 When width ``W'' permits,
exhaust ducts should be as
near heaviest grinding as
possible.
Over 25............................ 30 1 7 1,200
Over 30............................ 53 2 6 1,770
Over 53............................ 72 4 8 6,280
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.45 velocity pressure for tapered takeoff.
[[Page 220]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.022
------------------------------------------------------------------------
Exhaust
Belt width W. Inches volume.
ft.\1\/min
------------------------------------------------------------------------
Up to 3..................................................... 220
3 to 5...................................................... 300
5 to 7...................................................... 390
7 to 9...................................................... 500
9 to 11..................................................... 610
11 to 13.................................................... 740
------------------------------------------------------------------------
Minimum duct velocity = 4,500 ft/min branch, 3,500 ft/min main.
Entry loss = 0.45 velocity pressure for tapered takeoff; 0.65 velocity
pressure for straight takeoff.
(6) Scope. This paragraph (b), prescribes the use of exhaust hood
enclosures and systems in removing dust, dirt, fumes, and gases
generated through the grinding, polishing, or buffing of ferrous and
nonferrous metals.
(c) Spray finishing operations--(1) Definitions applicable to this
paragraph--(i) Spray-finishing operations. Spray-finishing operations
are employment of methods wherein organic or inorganic materials are
utilized in dispersed form for deposit on surfaces to be coated,
treated, or cleaned. Such methods of deposit may involve either
automatic, manual, or electrostatic deposition but do not include metal
spraying or metallizing, dipping, flow coating, roller coating,
tumbling, centrifuging, or spray washing and degreasing as conducted in
self-contained washing and degreasing machines or systems.
(ii) Spray booth. Spray booths are defined and described in Sec.
1910.107(a).
(iii) Spray room. A spray room is a room in which spray-finishing
operations not conducted in a spray booth are performed separately from
other areas.
(iv) Minimum maintained velocity. Minimum maintained velocity is the
velocity of air movement which must be maintained in order to meet
minimum specified requirements for health and safety.
(2) Location and application. Spray booths or spray rooms are to be
used to enclose or confine all operations. Spray-finishing operations
shall be located as provided in sections 201 through 206 of the Standard
for Spray Finishing Using Flammable and Combustible Materials, NFPA No.
33-1969.
(3) Design and construction of spray booths. (i) Spray booths shall
be designed and constructed in accordance with Sec. 1910.107(b)(1)
through (b)(4) and (b)(6) through (b)(10). For a more detailed
discussion of fundamentals relating to this subject, see ANSI Z9.2-1960,
which is incorporated by reference as specified in Sec. 1910.6.
(a) Lights, motors, electrical equipment, and other sources of
ignition shall conform to the requirements of Sec. 1910.107(b)(10) and
(c).
(b) In no case shall combustible material be used in the
construction of a spray booth and supply or exhaust duct connected to
it.
(ii) Unobstructed walkways shall not be less than 6\1/2\ feet high
and shall be maintained clear of obstruction from any work location in
the booth to a booth exit or open booth front. In booths where the open
front is the only exit, such exits shall be not less than 3 feet wide.
In booths having multiple exits, such exits shall not be less than 2
feet wide, provided that the maximum distance from the work location
[[Page 221]]
to the exit is 25 feet or less. Where booth exits are provided with
doors, such doors shall open outward from the booth.
(iii) Baffles, distribution plates, and dry-type overspray
collectors shall conform to the requirements of Sec. 1910.107(b)(4) and
(b)(5).
(a) Overspray filters shall be installed and maintained in
accordance with the requirements of Sec. 1910.107(b)(5), and shall only
be in a location easily accessible for inspection, cleaning, or
replacement.
(b) Where effective means, independent of the overspray filters, are
installed which will result in design air distribution across the booth
cross section, it is permissible to operate the booth without the
filters in place.
(iv) (a) For wet or water-wash spray booths, the water-chamber
enclosure, within which intimate contact of contaminated air and
cleaning water or other cleaning medium is maintained, if made of steel,
shall be 18 gage or heavier and adequately protected against corrosion.
(b) Chambers may include scrubber spray nozzles, headers, troughs,
or other devices. Chambers shall be provided with adequate means for
creating and maintaining scrubbing action for removal of particulate
matter from the exhaust air stream.
(v) Collecting tanks shall be of welded steel construction or other
suitable non-combustible material. If pits are used as collecting tanks,
they shall be concrete, masonry, or other material having similar
properties.
(a) Tanks shall be provided with weirs, skimmer plates, or screens
to prevent sludge and floating paint from entering the pump suction box.
Means for automatically maintaining the proper water level shall also be
provided. Fresh water inlets shall not be submerged. They shall
terminate at least one pipe diameter above the safety overflow level of
the tank.
(b) Tanks shall be so constructed as to discourage accumulation of
hazardous deposits.
(vi) Pump manifolds, risers, and headers shall be adequately sized
to insure sufficient water flow to provide efficient operation of the
water chamber.
(4) Design and construction of spray rooms. (i) Spray rooms,
including floors, shall be constructed of masonry, concrete, or other
noncombustible material.
(ii) Spray rooms shall have noncombustible fire doors and shutters.
(iii) Spray rooms shall be adequately ventilated so that the
atmosphere in the breathing zone of the operator shall be maintained in
accordance with the requirements of paragraph (c)(6)(ii) of this
section.
(iv) Spray rooms used for production spray-finishing operations
shall conform to the requirements for spray booths.
(5) Ventilation. (i) Ventilation shall be provided in accordance
with provisions of Sec. 1910.107(d), and in accordance with the
following:
(a) Where a fan plenum is used to equalize or control the
distribution of exhaust air movement through the booth, it shall be of
sufficient strength or rigidity to withstand the differential air
pressure or other superficially imposed loads for which the equipment is
designed and also to facilitate cleaning. Construction specifications
shall be at least equivalent to those of paragraph (c)(5)(iii) of this
section.
(b) [Reserved]
(ii) Inlet or supply ductwork used to transport makeup air to spray
booths or surrounding areas shall be constructed of noncombustible
materials.
(a) If negative pressure exists within inlet ductwork, all seams and
joints shall be sealed if there is a possibility of infiltration of
harmful quantities of noxious gases, fumes, or mists from areas through
which ductwork passes.
(b) Inlet ductwork shall be sized in accordance with volume flow
requirements and provide design air requirements at the spray booth.
(c) Inlet ductwork shall be adequately supported throughout its
length to sustain at least its own weight plus any negative pressure
which is exerted upon it under normal operating conditions.
(iii)(a) Exhaust ductwork shall be adequately supported throughout
its length to sustain its weight plus any normal accumulation in
interior during normal operating conditions and any negative pressure
exerted upon it.
[[Page 222]]
(b) Exhaust ductwork shall be sized in accordance with good design
practice which shall include consideration of fan capacity, length of
duct, number of turns and elbows, variation in size, volume, and
character of materials being exhausted. See American National Standard
Z9.2-1960 for further details and explanation concerning elements of
design.
(c) Longitudinal joints in sheet steel ductwork shall be either
lock-seamed, riveted, or welded. For other than steel construction,
equivalent securing of joints shall be provided.
(d) Circumferential joints in ductwork shall be substantially
fastened together and lapped in the direction of airflow. At least every
fourth joint shall be provided with connecting flanges, bolted together,
or of equivalent fastening security.
(e) Inspection or clean-out doors shall be provided for every 9 to
12 feet of running length for ducts up to 12 inches in diameter, but the
distance between cleanout doors may be greater for larger pipes. A
clean-out door or doors shall be provided for servicing the fan, and
where necessary, a drain shall be provided.
(f) Where ductwork passes through a combustible roof or wall, the
roof or wall shall be protected at the point of penetration by open
space or fire-resistive material between the duct and the roof or wall.
When ducts pass through firewalls, they shall be provided with automatic
fire dampers on both sides of the wall, except that three-eighth-inch
steel plates may be used in lieu of automatic fire dampers for ducts not
exceeding 18 inches in diameter.
(g) Ductwork used for ventilating any process covered in this
standard shall not be connected to ducts ventilating any other process
or any chimney or flue used for conveying any products of combustion.
(6) Velocity and air flow requirements. (i) Except where a spray
booth has an adequate air replacement system, the velocity of air into
all openings of a spray booth shall be not less than that specified in
Table G-10 for the operating conditions specified. An adequate air
replacement system is one which introduces replacement air upstream or
above the object being sprayed and is so designed that the velocity of
air in the booth cross section is not less than that specified in Table
G-10 when measured upstream or above the object being sprayed.
Table G-10--Minimum Maintained Velocities Into Spray Booths
----------------------------------------------------------------------------------------------------------------
Airflow velocities, f.p.m.
Operating conditions for objects Crossdraft, f.p.m. ----------------------------------------
completely inside booth Design Range
----------------------------------------------------------------------------------------------------------------
Electrostatic and automatic airless Negligible................. 50 large booth............. 50-75
operation contained in booth without
operator.
100 small booth............ 75-125
Air-operated guns, manual or automatic.... Up to 50................... 100 large booth............ 75-125
----------------------------------------------------------------------------------------------------------------
150 small booth............ 125-175
Air-operated guns, manual or automatic.... Up to 100.................. 150 large booth............ 125-175
----------------------------------------------------------------------------------------------------------------
200 small booth............ 150-250
----------------------------------------------------------------------------------------------------------------
Notes:
(1) Attention is invited to the fact that the effectiveness of the spray booth is dependent upon the
relationship of the depth of the booth to its height and width.
(2) Crossdrafts can be eliminated through proper design and such design should be sought. Crossdrafts in excess
of 100fpm (feet per minute) should not be permitted.
(3) Excessive air pressures result in loss of both efficiency and material waste in addition to creating a
backlash that may carry overspray and fumes into adjacent work areas.
(4) Booths should be designed with velocities shown in the column headed ``Design.'' However, booths operating
with velocities shown in the column headed ``Range'' are in compliance with this standard.
(ii) In addition to the requirements in paragraph (c)(6)(i) of this
section the total air volume exhausted through a spray booth shall be
such as to dilute solvent vapor to at least 25 percent of the lower
explosive limit of the solvent being sprayed. An example of the method
of calculating this volume is given below.
[[Page 223]]
Example: To determine the lower explosive limits of the most common
solvents used in spray finishing, see Table G-11. Column 1 gives the
number of cubic feet of vapor per gallon of solvent and column 2 gives
the lower explosive limit (LEL) in percentage by volume of air. Note
that the quantity of solvent will be diminished by the quantity of
solids and nonflammables contained in the finish.
To determine the volume of air in cubic feet necessary to dilute the
vapor from 1 gallon of solvent to 25 percent of the lower explosive
limit, apply the following formula:
Dilution volume required per gallon of solvent = 4 (100-LEL) (cubic feet
of vapor per gallon) / LEL
Using toluene as the solvent.
(1) LEL of toluene from Table G-11, column 2, is 1.4 percent.
(2) Cubic feet of vapor per gallon from Table G-11, column 1, is
30.4 cubic feet per gallon.
(3) Dilution volume required=
4 (100-1.4) 30.4 / 1.4 = 8,564 cubic feet.
(4) To convert to cubic feet per minute of required ventilation,
multiply the dilution volume required per gallon of solvent by the
number of gallons of solvent evaporated per minute.
Table G-11--Lower Explosive Limit of Some Commonly Used Solvents
------------------------------------------------------------------------
Lower
Cubic feet explosive
per gallon limit in
Solvent of vapor percent by
of liquid volume of
at 70 air at 70
[deg]F. [deg]F
------------------------------------------------------------------------
Column 1 Column 2
Acetone......................................... 44.0 2.6
Amyl Acetate (iso).............................. 21.6 \1\ 1.0
Amyl Alcohol (n)................................ 29.6 1.2
Amyl Alcohol (iso).............................. 29.6 1.2
Benzene......................................... 36.8 \1\ 1.4
Butyl Acetate (n)............................... 24.8 1.7
Butyl Alcohol (n)............................... 35.2 1.4
Butyl Cellosolve................................ 24.8 1.1
Cellosolve...................................... 33.6 1.8
Cellosolve Acetate.............................. 23.2 1.7
Cyclohexanone................................... 31.2 \1\ 1.1
1,1 Dichloroethylene............................ 42.4 5.9
1,2 Dichloroethylene............................ 42.4 9.7
Ethyl Acetate................................... 32.8 2.5
Ethyl Alcohol................................... 55.2 4.3
Ethyl Lactate................................... 28.0 \1\ 1.5
Methyl Acetate.................................. 40.0 3.1
Methyl Alcohol.................................. 80.8 7.3
Methyl Cellosolve............................... 40.8 2.5
Methyl Ethyl Ketone............................. 36.0 1.8
Methyl n-Propyl Ketone.......................... 30.4 1.5
Naphtha (VM&P) (76[deg] Naphtha)................ 22.4 0.9
Naphtha (100 [deg]Flash) Safety Solvent-- 23.2 1.0
Stoddard Solvent...............................
Propyl Acetate (n).............................. 27.2 2.8
Propyl Acetate (iso)............................ 28.0 1.1
Propyl Alcohol (n).............................. 44.8 2.1
Propyl Alcohol (iso)............................ 44.0 2.0
Toluene......................................... 30.4 1.4
Turpentine...................................... 20.8 0.8
Xylene (o)...................................... 26.4 1.0
------------------------------------------------------------------------
\1\ At 212 [deg]F.
(iii)(a) When an operator is in a booth downstream from the object
being sprayed, an air-supplied respirator or other type of respirator
must be used by employees that has been approved by NIOSH under 42 CFR
part 84 for the material being sprayed.
(b) Where downdraft booths are provided with doors, such doors shall
be closed when spray painting.
(7) Make-up air. (i) Clean fresh air, free of contamination from
adjacent industrial exhaust systems, chimneys, stacks, or vents, shall
be supplied to a spray booth or room in quantities equal to the volume
of air exhausted through the spray booth.
(ii) Where a spray booth or room receives make-up air through self-
closing doors, dampers, or louvers, they shall be fully open at all
times when the booth or room is in use for spraying. The velocity of air
through such doors, dampers, or louvers shall not exceed 200 feet per
minute. If the fan characteristics are such that the required air flow
through the booth will be provided, higher velocities through the doors,
dampers, or louvers may be used.
(iii)(a) Where the air supply to a spray booth or room is filtered,
the fan static pressure shall be calculated on the assumption that the
filters are dirty to the extent that they require cleaning or
replacement.
(b) The rating of filters shall be governed by test data supplied by
the manufacturer of the filter. A pressure gage shall be installed to
show the pressure drop across the filters. This gage shall be marked to
show the pressure drop at which the filters require cleaning or
replacement. Filters shall be replaced or cleaned whenever the pressure
drop across them becomes excessive or whenever the air flow through the
face
[[Page 224]]
of the booth falls below that specified in Table G-10.
(iv)(a) Means for heating make-up air to any spray booth or room,
before or at the time spraying is normally performed, shall be provided
in all places where the outdoor temperature may be expected to remain
below 55 [deg]F. for appreciable periods of time during the operation of
the booth except where adequate and safe means of radiant heating for
all operating personnel affected is provided. The replacement air during
the heating seasons shall be maintained at not less than 65 [deg]F. at
the point of entry into the spray booth or spray room. When otherwise
unheated make-up air would be at a temperature of more than 10 [deg]F.
below room temperature, its temperature shall be regulated as provided
in section 3.6.3 of ANSI Z9.2-1960.
(b) As an alternative to an air replacement system complying with
the preceding section, general heating of the building in which the
spray room or booth is located may be employed provided that all
occupied parts of the building are maintained at not less than 65
[deg]F. when the exhaust system is in operation or the general heating
system supplemented by other sources of heat may be employed to meet
this requirement.
(c) No means of heating make-up air shall be located in a spray
booth.
(d) Where make-up air is heated by coal or oil, the products of
combustion shall not be allowed to mix with the make-up air, and the
products of combustion shall be conducted outside the building through a
flue terminating at a point remote from all points where make-up air
enters the building.
(e) Where make-up air is heated by gas, and the products of
combustion are not mixed with the make-up air but are conducted through
an independent flue to a point outside the building remote from all
points where make-up air enters the building, it is not necessary to
comply with paragraph (c)(7)(iv)(f) of this section.
(f) Where make-up air to any manually operated spray booth or room
is heated by gas and the products of combustion are allowed to mix with
the supply air, the following precautions must be taken:
(1) The gas must have a distinctive and strong enough odor to warn
workmen in a spray booth or room of its presence if in an unburned state
in the make-up air.
(2) The maximum rate of gas supply to the make-up air heater burners
must not exceed that which would yield in excess of 200 p.p.m. (parts
per million) of carbon monoxide or 2,000 p.p.m. of total combustible
gases in the mixture if the unburned gas upon the occurrence of flame
failure were mixed with all of the make-up air supplied.
(3) A fan must be provided to deliver the mixture of heated air and
products of combustion from the plenum chamber housing the gas burners
to the spray booth or room.
(8) Scope. Spray booths or spray rooms are to be used to enclose or
confine all spray finishing operations covered by this paragraph (c).
This paragraph does not apply to the spraying of the exteriors of
buildings, fixed tanks, or similar structures, nor to small portable
spraying apparatus not used repeatedly in the same location.
[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 40
FR 24522, June 9, 1975; 43 FR 49746, Oct. 24, 1978; 49 FR 5322, Feb. 10,
1984; 55 FR 32015, Aug. 6, 1990; 58 FR 35308, June 30, 1993; 61 FR 9236,
Mar. 7, 1996; 63 FR 1269, Jan. 8, 1998; 64 FR 13909, Mar. 23, 1999; 72
FR 71069, Dec. 14, 2007; 74 FR 46356, Sept. 9, 2009]
Sec. 1910.95 Occupational noise exposure.
(a) Protection against the effects of noise exposure shall be
provided when the sound levels exceed those shown in Table G-16 when
measured on the A scale of a standard sound level meter at slow
response. When noise levels are determined by octave band analysis, the
equivalent A-weighted sound level may be determined as follows:
[[Page 225]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.023
Figure G-9
Equivalent sound level contours. Octave band sound pressure levels may
be converted to the equivalent A-weighted sound level by plotting them
on this graph and noting the A-weighted sound level corresponding to the
point of highest penetration into the sound level contours. This
equivalent A-weighted sound level, which may differ from the actual A-
weighted sound level of the noise, is used to determine exposure limits
from Table 1.G-16.
(b)(1) When employees are subjected to sound exceeding those listed
in Table G-16, feasible administrative or engineering controls shall be
utilized. If such controls fail to reduce sound levels within the levels
of Table G-16, personal protective equipment shall be provided and used
to reduce sound levels within the levels of the table.
(2) If the variations in noise level involve maxima at intervals of
1 second or less, it is to be considered continuous.
Table G-16--Permissible Noise Exposures \1\
------------------------------------------------------------------------
Sound
level dBA
Duration per day, hours slow
response
------------------------------------------------------------------------
8........................................................... 90
6........................................................... 92
4........................................................... 95
3........................................................... 97
2........................................................... 100
1\1/2\...................................................... 102
1........................................................... 105
\1/2\....................................................... 110
\1/4\ or less............................................... 115
------------------------------------------------------------------------
\1\ When the daily noise exposure is composed of two or more periods of
noise exposure of different levels, their combined effect should be
considered, rather than the individual effect of each. If the sum of
the following fractions: C1/T1 + C2/T2Cn/Tn exceeds unity, then, the
mixed exposure should be considered to exceed the limit value. Cn
indicates the total time of exposure at a specified noise level, and
Tn indicates the total time of exposure permitted at that level.
Exposure to impulsive or impact noise should not exceed 140 dB peak
sound pressure level.
(c) Hearing conservation program. (1) The employer shall administer
a continuing, effective hearing conservation program, as described in
paragraphs (c) through (o) of this section, whenever employee noise
exposures equal or exceed an 8-hour time-weighted average sound level
(TWA) of 85 decibels measured on the A scale (slow response) or,
equivalently, a dose of fifty percent. For purposes of the hearing
conservation program, employee noise exposures shall be computed in
accordance with appendix A and Table G-16a, and without regard to any
attenuation provided by the use of personal protective equipment.
(2) For purposes of paragraphs (c) through (n) of this section, an
8-hour time-weighted average of 85 decibels or a dose of fifty percent
shall also be referred to as the action level.
(d) Monitoring. (1) When information indicates that any employee's
exposure may equal or exceed an 8-hour time-weighted average of 85
decibels, the employer shall develop and implement a monitoring program.
(i) The sampling strategy shall be designed to identify employees
for inclusion in the hearing conservation program and to enable the
proper selection of hearing protectors.
(ii) Where circumstances such as high worker mobility, significant
variations in sound level, or a significant component of impulse noise
make area monitoring generally inappropriate, the employer shall use
representative personal sampling to comply with the monitoring
requirements of this paragraph unless the employer can show that area
sampling produces equivalent results.
[[Page 226]]
(2)(i) All continuous, intermittent and impulsive sound levels from
80 decibels to 130 decibels shall be integrated into the noise
measurements.
(ii) Instruments used to measure employee noise exposure shall be
calibrated to ensure measurement accuracy.
(3) Monitoring shall be repeated whenever a change in production,
process, equipment or controls increases noise exposures to the extent
that:
(i) Additional employees may be exposed at or above the action
level; or
(ii) The attenuation provided by hearing protectors being used by
employees may be rendered inadequate to meet the requirements of
paragraph (j) of this section.
(e) Employee notification. The employer shall notify each employee
exposed at or above an 8-hour time-weighted average of 85 decibels of
the results of the monitoring.
(f) Observation of monitoring. The employer shall provide affected
employees or their representatives with an opportunity to observe any
noise measurements conducted pursuant to this section.
(g) Audiometric testing program. (1) The employer shall establish
and maintain an audiometric testing program as provided in this
paragraph by making audiometric testing available to all employees whose
exposures equal or exceed an 8-hour time-weighted average of 85
decibels.
(2) The program shall be provided at no cost to employees.
(3) Audiometric tests shall be performed by a licensed or certified
audiologist, otolaryngologist, or other physician, or by a technician
who is certified by the Council of Accreditation in Occupational Hearing
Conservation, or who has satisfactorily demonstrated competence in
administering audiometric examinations, obtaining valid audiograms, and
properly using, maintaining and checking calibration and proper
functioning of the audiometers being used. A technician who operates
microprocessor audiometers does not need to be certified. A technician
who performs audiometric tests must be responsible to an audiologist,
otolaryngologist or physician.
(4) All audiograms obtained pursuant to this section shall meet the
requirements of appendix C: Audiometric Measuring Instruments.
(5) Baseline audiogram. (i) Within 6 months of an employee's first
exposure at or above the action level, the employer shall establish a
valid baseline audiogram against which subsequent audiograms can be
compared.
(ii) Mobile test van exception. Where mobile test vans are used to
meet the audiometric testing obligation, the employer shall obtain a
valid baseline audiogram within 1 year of an employee's first exposure
at or above the action level. Where baseline audiograms are obtained
more than 6 months after the employee's first exposure at or above the
action level, employees shall wearing hearing protectors for any period
exceeding six months after first exposure until the baseline audiogram
is obtained.
(iii) Testing to establish a baseline audiogram shall be preceded by
at least 14 hours without exposure to workplace noise. Hearing
protectors may be used as a substitute for the requirement that baseline
audiograms be preceded by 14 hours without exposure to workplace noise.
(iv) The employer shall notify employees of the need to avoid high
levels of non-occupational noise exposure during the 14-hour period
immediately preceding the audiometric examination.
(6) Annual audiogram. At least annually after obtaining the baseline
audiogram, the employer shall obtain a new audiogram for each employee
exposed at or above an 8-hour time-weighted average of 85 decibels.
(7) Evaluation of audiogram. (i) Each employee's annual audiogram
shall be compared to that employee's baseline audiogram to determine if
the audiogram is valid and if a standard threshold shift as defined in
paragraph (g)(10) of this section has occurred. This comparison may be
done by a technician.
(ii) If the annual audiogram shows that an employee has suffered a
standard threshold shift, the employer may obtain a retest within 30
days and consider the results of the retest as the annual audiogram.
[[Page 227]]
(iii) The audiologist, otolaryngologist, or physician shall review
problem audiograms and shall determine whether there is a need for
further evaluation. The employer shall provide to the person performing
this evaluation the following information:
(A) A copy of the requirements for hearing conservation as set forth
in paragraphs (c) through (n) of this section;
(B) The baseline audiogram and most recent audiogram of the employee
to be evaluated;
(C) Measurements of background sound pressure levels in the
audiometric test room as required in appendix D: Audiometric Test Rooms.
(D) Records of audiometer calibrations required by paragraph (h)(5)
of this section.
(8) Follow-up procedures. (i) If a comparison of the annual
audiogram to the baseline audiogram indicates a standard threshold shift
as defined in paragraph (g)(10) of this section has occurred, the
employee shall be informed of this fact in writing, within 21 days of
the determination.
(ii) Unless a physician determines that the standard threshold shift
is not work related or aggravated by occupational noise exposure, the
employer shall ensure that the following steps are taken when a standard
threshold shift occurs:
(A) Employees not using hearing protectors shall be fitted with
hearing protectors, trained in their use and care, and required to use
them.
(B) Employees already using hearing protectors shall be refitted and
retrained in the use of hearing protectors and provided with hearing
protectors offering greater attenuation if necessary.
(C) The employee shall be referred for a clinical audiological
evaluation or an otological examination, as appropriate, if additional
testing is necessary or if the employer suspects that a medical
pathology of the ear is caused or aggravated by the wearing of hearing
protectors.
(D) The employee is informed of the need for an otological
examination if a medical pathology of the ear that is unrelated to the
use of hearing protectors is suspected.
(iii) If subsequent audiometric testing of an employee whose
exposure to noise is less than an 8-hour TWA of 90 decibels indicates
that a standard threshold shift is not persistent, the employer:
(A) Shall inform the employee of the new audiometric interpretation;
and
(B) May discontinue the required use of hearing protectors for that
employee.
(9) Revised baseline. An annual audiogram may be substituted for the
baseline audiogram when, in the judgment of the audiologist,
otolaryngologist or physician who is evaluating the audiogram:
(i) The standard threshold shift revealed by the audiogram is
persistent; or
(ii) The hearing threshold shown in the annual audiogram indicates
significant improvement over the baseline audiogram.
(10) Standard threshold shift. (i) As used in this section, a
standard threshold shift is a change in hearing threshold relative to
the baseline audiogram of an average of 10 dB or more at 2000, 3000, and
4000 Hz in either ear.
(ii) In determining whether a standard threshold shift has occurred,
allowance may be made for the contribution of aging (presbycusis) to the
change in hearing level by correcting the annual audiogram according to
the procedure described in appendix F: Calculation and Application of
Age Correction to Audiograms.
(h) Audiometric test requirements. (1) Audiometric tests shall be
pure tone, air conduction, hearing threshold examinations, with test
frequencies including as a minimum 500, 1000, 2000, 3000, 4000, and 6000
Hz. Tests at each frequency shall be taken separately for each ear.
(2) Audiometric tests shall be conducted with audiometers (including
microprocessor audiometers) that meet the specifications of, and are
maintained and used in accordance with, American National Standard
Specification for Audiometers, S3.6-1969, which is incorporated by
reference as specified in Sec. 1910.6.
[[Page 228]]
(3) Pulsed-tone and self-recording audiometers, if used, shall meet
the requirements specified in appendix C: Audiometric Measuring
Instruments.
(4) Audiometric examinations shall be administered in a room meeting
the requirements listed in appendix D: Audiometric Test Rooms.
(5) Audiometer calibration. (i) The functional operation of the
audiometer shall be checked before each day's use by testing a person
with known, stable hearing thresholds, and by listening to the
audiometer's output to make sure that the output is free from distorted
or unwanted sounds. Deviations of 10 decibels or greater require an
acoustic calibration.
(ii) Audiometer calibration shall be checked acoustically at least
annually in accordance with appendix E: Acoustic Calibration of
Audiometers. Test frequencies below 500 Hz and above 6000 Hz may be
omitted from this check. Deviations of 15 decibels or greater require an
exhaustive calibration.
(iii) An exhaustive calibration shall be performed at least every
two years in accordance with sections 4.1.2; 4.1.3.; 4.1.4.3; 4.2;
4.4.1; 4.4.2; 4.4.3; and 4.5 of the American National Standard
Specification for Audiometers, S3.6-1969. Test frequencies below 500 Hz
and above 6000 Hz may be omitted from this calibration.
(i) Hearing protectors. (1) Employers shall make hearing protectors
available to all employees exposed to an 8-hour time-weighted average of
85 decibels or greater at no cost to the employees. Hearing protectors
shall be replaced as necessary.
(2) Employers shall ensure that hearing protectors are worn:
(i) By an employee who is required by paragraph (b)(1) of this
section to wear personal protective equipment; and
(ii) By any employee who is exposed to an 8-hour time-weighted
average of 85 decibels or greater, and who:
(A) Has not yet had a baseline audiogram established pursuant to
paragraph (g)(5)(ii); or
(B) Has experienced a standard threshold shift.
(3) Employees shall be given the opportunity to select their hearing
protectors from a variety of suitable hearing protectors provided by the
employer.
(4) The employer shall provide training in the use and care of all
hearing protectors provided to employees.
(5) The employer shall ensure proper initial fitting and supervise
the correct use of all hearing protectors.
(j) Hearing protector attenuation. (1) The employer shall evaluate
hearing protector attenuation for the specific noise environments in
which the protector will be used. The employer shall use one of the
evaluation methods described in appendix B: Methods for Estimating the
Adequacy of Hearing Protection Attenuation.
(2) Hearing protectors must attenuate employee exposure at least to
an 8-hour time-weighted average of 90 decibels as required by paragraph
(b) of this section.
(3) For employees who have experienced a standard threshold shift,
hearing protectors must attenuate employee exposure to an 8-hour time-
weighted average of 85 decibels or below.
(4) The adequacy of hearing protector attenuation shall be re-
evaluated whenever employee noise exposures increase to the extent that
the hearing protectors provided may no longer provide adequate
attenuation. The employer shall provide more effective hearing
protectors where necessary.
(k) Training program. (1) The employer shall train each employee who
is exposed to noise at or above an 8-hour time weighted average of 85
decibels in accordance with the requirements of this section. The
employer shall institute a training program and ensure employee
participation in the program.
(2) The training program shall be repeated annually for each
employee included in the hearing conservation program. Information
provided in the training program shall be updated to be consistent with
changes in protective equipment and work processes.
(3) The employer shall ensure that each employee is informed of the
following:
(i) The effects of noise on hearing;
(ii) The purpose of hearing protectors, the advantages,
disadvantages, and attenuation of various types, and
[[Page 229]]
instructions on selection, fitting, use, and care; and
(iii) The purpose of audiometric testing, and an explanation of the
test procedures.
(l) Access to information and training materials. (1) The employer
shall make available to affected employees or their representatives
copies of this standard and shall also post a copy in the workplace.
(2) The employer shall provide to affected employees any
informational materials pertaining to the standard that are supplied to
the employer by the Assistant Secretary.
(3) The employer shall provide, upon request, all materials related
to the employer's training and education program pertaining to this
standard to the Assistant Secretary and the Director.
(m) Recordkeeping--(1) Exposure measurements. The employer shall
maintain an accurate record of all employee exposure measurements
required by paragraph (d) of this section.
(2) Audiometric tests. (i) The employer shall retain all employee
audiometric test records obtained pursuant to paragraph (g) of this
section:
(ii) This record shall include:
(A) Name and job classification of the employee;
(B) Date of the audiogram;
(C) The examiner's name;
(D) Date of the last acoustic or exhaustive calibration of the
audiometer; and
(E) Employee's most recent noise exposure assessment.
(F) The employer shall maintain accurate records of the measurements
of the background sound pressure levels in audiometric test rooms.
(3) Record retention. The employer shall retain records required in
this paragraph (m) for at least the following periods.
(i) Noise exposure measurement records shall be retained for two
years.
(ii) Audiometric test records shall be retained for the duration of
the affected employee's employment.
(4) Access to records. All records required by this section shall be
provided upon request to employees, former employees, representatives
designated by the individual employee, and the Assistant Secretary. The
provisions of 29 CFR 1910.1020 (a)-(e) and (g)-(i) apply to access to
records under this section.
(5) Transfer of records. If the employer ceases to do business, the
employer shall transfer to the successor employer all records required
to be maintained by this section, and the successor employer shall
retain them for the remainder of the period prescribed in paragraph
(m)(3) of this section.
(n) Appendices. (1) Appendices A, B, C, D, and E to this section are
incorporated as part of this section and the contents of these
appendices are mandatory.
(2) Appendices F and G to this section are informational and are not
intended to create any additional obligations not otherwise imposed or
to detract from any existing obligations.
(o) Exemptions. Paragraphs (c) through (n) of this section shall not
apply to employers engaged in oil and gas well drilling and servicing
operations.
Appendix A to Sec. 1910.95--Noise Exposure Computation
This appendix is Mandatory
I. Computation of Employee Noise Exposure
(1) Noise dose is computed using Table G-16a as follows:
(i) When the sound level, L, is constant over the entire work shift,
the noise dose, D, in percent, is given by: D = 100 C/T where C is the
total length of the work day, in hours, and T is the reference duration
corresponding to the measured sound level, L, as given in Table G-16a or
by the formula shown as a footnote to that table.
(ii) When the workshift noise exposure is composed of two or more
periods of noise at different levels, the total noise dose over the work
day is given by:
D = 100(C1 / T1 + C2 / T2 +
Cn / Tn),
where Cn indicates the total time of exposure at a specific
noise level, and Tn indicates the reference duration for that
level as given by Table G-16a.
(2) The eight-hour time-weighted average sound level (TWA), in
decibels, may be computed from the dose, in percent, by means of the
formula: TWA = 16.61 log10 (D/100) + 90. For an eight-hour
workshift with the noise level constant over the entire shift, the TWA
is equal to the measured sound level.
(3) A table relating dose and TWA is given in Section II.
[[Page 230]]
Table G-16a
------------------------------------------------------------------------
Reference
A-weighted sound level, L (decibel) duration,
T (hour)
------------------------------------------------------------------------
80........................................................... 32
81........................................................... 27.9
82........................................................... 24.3
83........................................................... 21.1
84........................................................... 18.4
85........................................................... 16
86........................................................... 13.9
87........................................................... 12.1
88........................................................... 10.6
89........................................................... 9.2
90........................................................... 8
91........................................................... 7.0
92........................................................... 6.1
93........................................................... 5.3
94........................................................... 4.6
95........................................................... 4
96........................................................... 3.5
97........................................................... 3.0
98........................................................... 2.6
99........................................................... 2.3
100.......................................................... 2
101.......................................................... 1.7
102.......................................................... 1.5
103.......................................................... 1.3
104.......................................................... 1.1
105.......................................................... 1
106.......................................................... 0.87
107.......................................................... 0.76
108.......................................................... 0.66
109.......................................................... 0.57
110.......................................................... 0.5
111.......................................................... 0.44
112.......................................................... 0.38
113.......................................................... 0.33
114.......................................................... 0.29
115.......................................................... 0.25
116.......................................................... 0.22
117.......................................................... 0.19
118.......................................................... 0.16
119.......................................................... 0.14
120.......................................................... 0.125
121.......................................................... 0.11
122.......................................................... 0.095
123.......................................................... 0.082
124.......................................................... 0.072
125.......................................................... 0.063
126.......................................................... 0.054
127.......................................................... 0.047
128.......................................................... 0.041
129.......................................................... 0.036
130.......................................................... 0.031
------------------------------------------------------------------------
In the above table the reference duration, T, is computed by
[GRAPHIC] [TIFF OMITTED] TR25SE06.008
where L is the measured A-weighted sound level.
II. Conversion Between ``Dose'' and ``8-Hour Time-Weighted Average''
Sound Level
Compliance with paragraphs (c)-(r) of this regulation is determined
by the amount of exposure to noise in the workplace. The amount of such
exposure is usually measured with an audiodosimeter which gives a
readout in terms of ``dose.'' In order to better understand the
requirements of the amendment, dosimeter readings can be converted to an
``8-hour time-weighted average sound level.'' (TWA).
In order to convert the reading of a dosimeter into TWA, see Table
A-1, below. This table applies to dosimeters that are set by the
manufacturer to calculate dose or percent exposure according to the
relationships in Table G-16a. So, for example, a dose of 91 percent over
an eight hour day results in a TWA of 89.3 dB, and, a dose of 50 percent
corresponds to a TWA of 85 dB.
If the dose as read on the dosimeter is less than or greater than
the values found in Table A-1, the TWA may be calculated by using the
formula: TWA 6.61 log10 (D/100) + 90 where TWA = 8-hour time-
weighted average sound level and D = accumulated dose in percent
exposure.
Table A-1--Conversion From ``Percent Noise Exposure'' or ``Dose'' to ``8-
Hour Time-Weighted Average Sound Level'' (TWA)
------------------------------------------------------------------------
Dose or percent noise exposure TWA
------------------------------------------------------------------------
10........................................................... 73.4
15........................................................... 76.3
20........................................................... 78.4
25........................................................... 80.0
30........................................................... 81.3
35........................................................... 82.4
40........................................................... 83.4
45........................................................... 84.2
50........................................................... 85.0
55........................................................... 85.7
60........................................................... 86.3
65........................................................... 86.9
70........................................................... 87.4
75........................................................... 87.9
80........................................................... 88.4
81........................................................... 88.5
82........................................................... 88.6
83........................................................... 88.7
84........................................................... 88.7
85........................................................... 88.8
86........................................................... 88.9
87........................................................... 89.0
88........................................................... 89.1
89........................................................... 89.2
90........................................................... 89.2
91........................................................... 89.3
92........................................................... 89.4
93........................................................... 89.5
94........................................................... 89.6
95........................................................... 89.6
96........................................................... 89.7
97........................................................... 89.8
98........................................................... 89.9
99........................................................... 89.9
100.......................................................... 90.0
101.......................................................... 90.1
102.......................................................... 90.1
103.......................................................... 90.2
104.......................................................... 90.3
105.......................................................... 90.4
106.......................................................... 90.4
[[Page 231]]
107.......................................................... 90.5
108.......................................................... 90.6
109.......................................................... 90.6
110.......................................................... 90.7
111.......................................................... 90.8
112.......................................................... 90.8
113.......................................................... 90.9
114.......................................................... 90.9
115.......................................................... 91.1
116.......................................................... 91.1
117.......................................................... 91.1
118.......................................................... 91.2
119.......................................................... 91.3
120.......................................................... 91.3
125.......................................................... 91.6
130.......................................................... 91.9
135.......................................................... 92.2
140.......................................................... 92.4
145.......................................................... 92.7
150.......................................................... 92.9
155.......................................................... 93.2
160.......................................................... 93.4
165.......................................................... 93.6
170.......................................................... 93.8
175.......................................................... 94.0
180.......................................................... 94.2
185.......................................................... 94.4
190.......................................................... 94.6
195.......................................................... 94.8
200.......................................................... 95.0
210.......................................................... 95.4
220.......................................................... 95.7
230.......................................................... 96.0
240.......................................................... 96.3
250.......................................................... 96.6
260.......................................................... 96.9
270.......................................................... 97.2
280.......................................................... 97.4
290.......................................................... 97.7
300.......................................................... 97.9
310.......................................................... 98.2
320.......................................................... 98.4
330.......................................................... 98.6
340.......................................................... 98.8
350.......................................................... 99.0
360.......................................................... 99.2
370.......................................................... 99.4
380.......................................................... 99.6
390.......................................................... 99.8
400.......................................................... 100.0
410.......................................................... 100.2
420.......................................................... 100.4
430.......................................................... 100.5
440.......................................................... 100.7
450.......................................................... 100.8
460.......................................................... 101.0
470.......................................................... 101.2
480.......................................................... 101.3
490.......................................................... 101.5
500.......................................................... 101.6
510.......................................................... 101.8
520.......................................................... 101.9
530.......................................................... 102.0
540.......................................................... 102.2
550.......................................................... 102.3
560.......................................................... 102.4
570.......................................................... 102.6
580.......................................................... 102.7
590.......................................................... 102.8
600.......................................................... 102.9
610.......................................................... 103.0
620.......................................................... 103.2
630.......................................................... 103.3
640.......................................................... 103.4
650.......................................................... 103.5
660.......................................................... 103.6
670.......................................................... 103.7
680.......................................................... 103.8
690.......................................................... 103.9
700.......................................................... 104.0
710.......................................................... 104.1
720.......................................................... 104.2
730.......................................................... 104.3
740.......................................................... 104.4
750.......................................................... 104.5
760.......................................................... 104.6
770.......................................................... 104.7
780.......................................................... 104.8
790.......................................................... 104.9
800.......................................................... 105.0
810.......................................................... 105.1
820.......................................................... 105.2
830.......................................................... 105.3
840.......................................................... 105.4
850.......................................................... 105.4
860.......................................................... 105.5
870.......................................................... 105.6
880.......................................................... 105.7
890.......................................................... 105.8
900.......................................................... 105.8
910.......................................................... 105.9
920.......................................................... 106.0
930.......................................................... 106.1
940.......................................................... 106.2
950.......................................................... 106.2
960.......................................................... 106.3
970.......................................................... 106.4
980.......................................................... 106.5
990.......................................................... 106.5
999.......................................................... 106.6
------------------------------------------------------------------------
Appendix B to Sec. 1910.95--Methods for Estimating the Adequacy of
Hearing Protector Attenuation
This appendix is Mandatory
For employees who have experienced a significant threshold shift,
hearing protector attenuation must be sufficient to reduce employee
exposure to a TWA of 85 dB. Employers must select one of the following
methods by which to estimate the adequacy of hearing protector
attenuation.
The most convenient method is the Noise Reduction Rating (NRR)
developed by the Environmental Protection Agency (EPA). According to EPA
regulation, the NRR must be shown on the hearing protector package. The
NRR is then related to an individual worker's noise environment in order
to assess the adequacy of the attenuation of a
[[Page 232]]
given hearing protector. This appendix describes four methods of using
the NRR to determine whether a particular hearing protector provides
adequate protection within a given exposure environment. Selection among
the four procedures is dependent upon the employer's noise measuring
instruments.
Instead of using the NRR, employers may evaluate the adequacy of
hearing protector attenuation by using one of the three methods
developed by the National Institute for Occupational Safety and Health
(NIOSH), which are described in the ``List of Personal Hearing
Protectors and Attenuation Data,'' HEW Publication No. 76-120, 1975,
pages 21-37. These methods are known as NIOSH methods 1B1, 1B2 and
1B3. The NRR described below is a simplification of NIOSH method 1B2.
The most complex method is NIOSH method 1B1, which is probably the most
accurate method since it uses the largest amount of spectral information
from the individual employee's noise environment. As in the case of the
NRR method described below, if one of the NIOSH methods is used, the
selected method must be applied to an individual's noise environment to
assess the adequacy of the attenuation. Employers should be careful to
take a sufficient number of measurements in order to achieve a
representative sample for each time segment.
Note: The employer must remember that calculated attenuation values
reflect realistic values only to the extent that the protectors are
properly fitted and worn.
When using the NRR to assess hearing protector adequacy, one of the
following methods must be used:
(i) When using a dosimeter that is capable of C-weighted
measurements:
(A) Obtain the employee's C-weighted dose for the entire workshift,
and convert to TWA (see appendix A, II).
(B) Subtract the NRR from the C-weighted TWA to obtain the estimated
A-weighted TWA under the ear protector.
(ii) When using a dosimeter that is not capable of C-weighted
measurements, the following method may be used:
(A) Convert the A-weighted dose to TWA (see appendix A).
(B) Subtract 7 dB from the NRR.
(C) Subtract the remainder from the A-weighted TWA to obtain the
estimated A-weighted TWA under the ear protector.
(iii) When using a sound level meter set to the A-weighting network:
(A) Obtain the employee's A-weighted TWA.
(B) Subtract 7 dB from the NRR, and subtract the remainder from the
A-weighted TWA to obtain the estimated A-weighted TWA under the ear
protector.
(iv) When using a sound level meter set on the C-weighting network:
(A) Obtain a representative sample of the C-weighted sound levels in
the employee's environment.
(B) Subtract the NRR from the C-weighted average sound level to
obtain the estimated A-weighted TWA under the ear protector.
(v) When using area monitoring procedures and a sound level meter
set to the A-weighing network.
(A) Obtain a representative sound level for the area in question.
(B) Subtract 7 dB from the NRR and subtract the remainder from the
A-weighted sound level for that area.
(vi) When using area monitoring procedures and a sound level meter
set to the C-weighting network:
(A) Obtain a representative sound level for the area in question.
(B) Subtract the NRR from the C-weighted sound level for that area.
Appendix C to Sec. 1910.95--Audiometric Measuring Instruments
This appendix is Mandatory
1. In the event that pulsed-tone audiometers are used, they shall
have a tone on-time of at least 200 milliseconds.
2. Self-recording audiometers shall comply with the following
requirements:
(A) The chart upon which the audiogram is traced shall have lines at
positions corresponding to all multiples of 10 dB hearing level within
the intensity range spanned by the audiometer. The lines shall be
equally spaced and shall be separated by at least \1/4\ inch. Additional
increments are optional. The audiogram pen tracings shall not exceed 2
dB in width.
(B) It shall be possible to set the stylus manually at the 10-dB
increment lines for calibration purposes.
(C) The slewing rate for the audiometer attenuator shall not be more
than 6 dB/sec except that an initial slewing rate greater than 6 dB/sec
is permitted at the beginning of each new test frequency, but only until
the second subject response.
(D) The audiometer shall remain at each required test frequency for
30 seconds (3 seconds). The audiogram shall be
clearly marked at each change of frequency and the actual frequency
change of the audiometer shall not deviate from the frequency boundaries
marked on the audiogram by more than 3 seconds.
(E) It must be possible at each test frequency to place a horizontal
line segment parallel to the time axis on the audiogram, such that the
audiometric tracing crosses the line segment at least six times at that
test frequency. At each test frequency the threshold shall be the
average of the midpoints of the tracing excursions.
[[Page 233]]
Appendix D to Sec. 1910.95--Audiometric Test Rooms
This appendix is Mandatory
Rooms used for audiometric testing shall not have background sound
pressure levels exceeding those in Table D-1 when measured by equipment
conforming at least to the Type 2 requirements of American National
Standard Specification for Sound Level Meters, S1.4-1971 (R1976), and to
the Class II requirements of American National Standard Specification
for Octave, Half-Octave, and Third-Octave Band Filter Sets, S1.11-1971
(R1976).
Table D-1--Maximum Allowable Octave-Band Sound Pressure Levels for
Audiometric Test Rooms
------------------------------------------------------------------------
------------------------------------------------------------------------
Octave-band center frequency (Hz).... 500 1000 2000 4000 8000
Sound pressure level (dB)............ 40 40 47 57 62
------------------------------------------------------------------------
Appendix E to Sec. 1910.95--Acoustic Calibration of Audiometers
This appendix is Mandatory
Audiometer calibration shall be checked acoustically, at least
annually, according to the procedures described in this appendix. The
equipment necessary to perform these measurements is a sound level
meter, octave-band filter set, and a National Bureau of Standards 9A
coupler. In making these measurements, the accuracy of the calibrating
equipment shall be sufficient to determine that the audiometer is within
the tolerances permitted by American Standard Specification for
Audiometers, S3.6-1969.
(1) Sound Pressure Output Check
A. Place the earphone coupler over the microphone of the sound level
meter and place the earphone on the coupler.
B. Set the audiometer's hearing threshold level (HTL) dial to 70 dB.
C. Measure the sound pressure level of the tones at each test
frequency from 500 Hz through 6000 Hz for each earphone.
D. At each frequency the readout on the sound level meter should
correspond to the levels in Table E-1 or Table E-2, as appropriate, for
the type of earphone, in the column entitled ``sound level meter
reading.''
(2) Linearity Check
A. With the earphone in place, set the frequency to 1000 Hz and the
HTL dial on the audiometer to 70 dB.
B. Measure the sound levels in the coupler at each 10-dB decrement
from 70 dB to 10 dB, noting the sound level meter reading at each
setting.
C. For each 10-dB decrement on the audiometer the sound level meter
should indicate a corresponding 10 dB decrease.
D. This measurement may be made electrically with a voltmeter
connected to the earphone terminals.
(3) Tolerances
When any of the measured sound levels deviate from the levels in
Table E-1 or Table E-2 by 3 dB at any test
frequency between 500 and 3000 Hz, 4 dB at 4000 Hz, or 5 dB at 6000 Hz,
an exhaustive calibration is advised. An exhaustive calibration is
required if the deviations are greater than 15 dB or greater at any test
frequency.
Table E-1--Reference Threshold Levels for Telephonics--TDH-39 Earphones
------------------------------------------------------------------------
Reference
threshold Sound
level for level
Frequency, Hz TDH-39 meter
earphones, reading,
dB dB
------------------------------------------------------------------------
500............................................. 11.5 81.5
1000............................................ 7 77
2000............................................ 9 79
3000............................................ 10 80
4000............................................ 9.5 79.5
6000............................................ 15.5 85.5
------------------------------------------------------------------------
Table E-2--Reference Threshold Levels for Telephonics--TDH-49 Earphones
------------------------------------------------------------------------
Reference
threshold Sound
level for level
Frequency, Hz TDH-49 meter
earphones, reading,
dB dB
------------------------------------------------------------------------
500.............................................. 13.5 83.5
1000............................................. 7.5 77.5
2000............................................. 11 81.0
3000............................................. 9.5 79.5
4000............................................. 10.5 80.5
6000............................................. 13.5 83.5
------------------------------------------------------------------------
Appendix F to Sec. 1910.95--Calculations and Application of Age
Corrections to Audiograms
This appendix Is Non-Mandatory
In determining whether a standard threshold shift has occurred,
allowance may be made for the contribution of aging to the change in
hearing level by adjusting the most recent audiogram. If the employer
chooses to adjust the audiogram, the employer shall follow the procedure
described below. This procedure and the age correction tables were
developed by the National Institute for Occupational Safety and Health
in the criteria document entitled ``Criteria for a Recommended Standard
. . . Occupational Exposure to Noise,'' ((HSM)-11001).
For each audiometric test frequency;
(i) Determine from Tables F-1 or F-2 the age correction values for
the employee by:
[[Page 234]]
(A) Finding the age at which the most recent audiogram was taken and
recording the corresponding values of age corrections at 1000 Hz through
6000 Hz;
(B) Finding the age at which the baseline audiogram was taken and
recording the corresponding values of age corrections at 1000 Hz through
6000 Hz.
(ii) Subtract the values found in step (i)(B) from the value found
in step (i)(A).
(iii) The differences calculated in step (ii) represented that
portion of the change in hearing that may be due to aging.
Example: Employee is a 32-year-old male. The audiometric history for
his right ear is shown in decibels below.
------------------------------------------------------------------------
Audiometric test frequency (Hz)
Employee's age ---------------------------------------
1000 2000 3000 4000 6000
------------------------------------------------------------------------
26.............................. 10 5 5 10 5
*27............................. 0 0 0 5 5
28.............................. 0 0 0 10 5
29.............................. 5 0 5 15 5
30.............................. 0 5 10 20 10
31.............................. 5 10 20 15 15
*32............................. 5 10 10 25 20
------------------------------------------------------------------------
The audiogram at age 27 is considered the baseline since it shows
the best hearing threshold levels. Asterisks have been used to identify
the baseline and most recent audiogram. A threshold shift of 20 dB
exists at 4000 Hz between the audiograms taken at ages 27 and 32.
(The threshold shift is computed by subtracting the hearing
threshold at age 27, which was 5, from the hearing threshold at age 32,
which is 25). A retest audiogram has confirmed this shift. The
contribution of aging to this change in hearing may be estimated in the
following manner:
Go to Table F-1 and find the age correction values (in dB) for 4000
Hz at age 27 and age 32.
------------------------------------------------------------------------
Frequency (Hz)
---------------------------------------
1000 2000 3000 4000 6000
------------------------------------------------------------------------
Age 32.......................... 6 5 7 10 14
Age 27.......................... 5 4 6 7 11
---------------------------------------
Difference.................. 1 1 1 3 3
------------------------------------------------------------------------
The difference represents the amount of hearing loss that may be
attributed to aging in the time period between the baseline audiogram
and the most recent audiogram. In this example, the difference at 4000
Hz is 3 dB. This value is subtracted from the hearing level at 4000 Hz,
which in the most recent audiogram is 25, yielding 22 after adjustment.
Then the hearing threshold in the baseline audiogram at 4000 Hz (5) is
subtracted from the adjusted annual audiogram hearing threshold at 4000
Hz (22). Thus the age-corrected threshold shift would be 17 dB (as
opposed to a threshold shift of 20 dB without age correction).
Table F-1--Age Correction Values in Decibels for Males
------------------------------------------------------------------------
Audiometric Test Frequencies (Hz)
Years ---------------------------------------
1000 2000 3000 4000 6000
------------------------------------------------------------------------
20 or younger................... 5 3 4 5 8
21.............................. 5 3 4 5 8
22.............................. 5 3 4 5 8
23.............................. 5 3 4 6 9
24.............................. 5 3 5 6 9
25.............................. 5 3 5 7 10
26.............................. 5 4 5 7 10
27.............................. 5 4 6 7 11
28.............................. 6 4 6 8 11
29.............................. 6 4 6 8 12
30.............................. 6 4 6 9 12
31.............................. 6 4 7 9 13
32.............................. 6 5 7 10 14
33.............................. 6 5 7 10 14
34.............................. 6 5 8 11 15
35.............................. 7 5 8 11 15
36.............................. 7 5 9 12 16
37.............................. 7 6 9 12 17
38.............................. 7 6 9 13 17
39.............................. 7 6 10 14 18
40.............................. 7 6 10 14 19
41.............................. 7 6 10 14 20
42.............................. 8 7 11 16 20
43.............................. 8 7 12 16 21
44.............................. 8 7 12 17 22
45.............................. 8 7 13 18 23
46.............................. 8 8 13 19 24
47.............................. 8 8 14 19 24
48.............................. 9 8 14 20 25
49.............................. 9 9 15 21 26
50.............................. 9 9 16 22 27
51.............................. 9 9 16 23 28
52.............................. 9 10 17 24 29
53.............................. 9 10 18 25 30
54.............................. 10 10 18 26 31
55.............................. 10 11 19 27 32
56.............................. 10 11 20 28 34
57.............................. 10 11 21 29 35
58.............................. 10 12 22 31 36
59.............................. 11 12 22 32 37
60 or older..................... 11 13 23 33 38
------------------------------------------------------------------------
Table F-2--Age Correction Values in Decibels for Females
------------------------------------------------------------------------
Audiometric Test Frequencies (Hz)
Years ---------------------------------------
1000 2000 3000 4000 6000
------------------------------------------------------------------------
20 or younger................... 7 4 3 3 6
21.............................. 7 4 4 3 6
22.............................. 7 4 4 4 6
23.............................. 7 5 4 4 7
24.............................. 7 5 4 4 7
25.............................. 8 5 4 4 7
26.............................. 8 5 5 4 8
27.............................. 8 5 5 5 8
28.............................. 8 5 5 5 8
29.............................. 8 5 5 5 9
30.............................. 8 6 5 5 9
31.............................. 8 6 6 5 9
32.............................. 9 6 6 6 10
33.............................. 9 6 6 6 10
34.............................. 9 6 6 6 10
35.............................. 9 6 7 7 11
36.............................. 9 7 7 7 11
37.............................. 9 7 7 7 12
38.............................. 10 7 7 7 12
[[Page 235]]
39.............................. 10 7 8 8 12
40.............................. 10 7 8 8 13
41.............................. 10 8 8 8 13
42.............................. 10 8 9 9 13
43.............................. 11 8 9 9 14
44.............................. 11 8 9 9 14
45.............................. 11 8 10 10 15
46.............................. 11 9 10 10 15
47.............................. 11 9 10 11 16
48.............................. 12 9 11 11 16
49.............................. 12 9 11 11 16
50.............................. 12 10 11 12 17
51.............................. 12 10 12 12 17
52.............................. 12 10 12 13 18
53.............................. 13 10 13 13 18
54.............................. 13 11 13 14 19
55.............................. 13 11 14 14 19
56.............................. 13 11 14 15 20
57.............................. 13 11 15 15 20
58.............................. 14 12 15 16 21
59.............................. 14 12 16 16 21
60 or older..................... 14 12 16 17 22
------------------------------------------------------------------------
Appendix G to Sec. 1910.95--Monitoring Noise Levels Non-Mandatory
Informational Appendix
This appendix provides information to help employers comply with the
noise monitoring obligations that are part of the hearing conservation
amendment.
What is the purpose of noise monitoring?
This revised amendment requires that employees be placed in a
hearing conservation program if they are exposed to average noise levels
of 85 dB or greater during an 8 hour workday. In order to determine if
exposures are at or above this level, it may be necessary to measure or
monitor the actual noise levels in the workplace and to estimate the
noise exposure or ``dose'' received by employees during the workday.
When is it necessary to implement a noise monitoring program?
It is not necessary for every employer to measure workplace noise.
Noise monitoring or measuring must be conducted only when exposures are
at or above 85 dB. Factors which suggest that noise exposures in the
workplace may be at this level include employee complaints about the
loudness of noise, indications that employees are losing their hearing,
or noisy conditions which make normal conversation difficult. The
employer should also consider any information available regarding noise
emitted from specific machines. In addition, actual workplace noise
measurements can suggest whether or not a monitoring program should be
initiated.
How is noise measured?
Basically, there are two different instruments to measure noise
exposures: the sound level meter and the dosimeter. A sound level meter
is a device that measures the intensity of sound at a given moment.
Since sound level meters provide a measure of sound intensity at only
one point in time, it is generally necessary to take a number of
measurements at different times during the day to estimate noise
exposure over a workday. If noise levels fluctuate, the amount of time
noise remains at each of the various measured levels must be determined.
To estimate employee noise exposures with a sound level meter it is
also generally necessary to take several measurements at different
locations within the workplace. After appropriate sound level meter
readings are obtained, people sometimes draw ``maps'' of the sound
levels within different areas of the workplace. By using a sound level
``map'' and information on employee locations throughout the day,
estimates of individual exposure levels can be developed. This
measurement method is generally referred to as area noise monitoring.
A dosimeter is like a sound level meter except that it stores sound
level measurements and integrates these measurements over time,
providing an average noise exposure reading for a given period of time,
such as an 8-hour workday. With a dosimeter, a microphone is attached to
the employee's clothing and the exposure measurement is simply read at
the end of the desired time period. A reader may be used to read-out the
dosimeter's measurements. Since the dosimeter is worn by the employee,
it measures noise levels in those locations in which the employee
travels. A sound level meter can also be positioned within the immediate
vicinity of the exposed worker to obtain an individual exposure
estimate. Such procedures are generally referred to as personal noise
monitoring.
Area monitoring can be used to estimate noise exposure when the
noise levels are relatively constant and employees are not mobile. In
workplaces where employees move about in different areas or where the
noise intensity tends to fluctuate over time, noise exposure is
generally more accurately estimated by the personal monitoring approach.
In situations where personal monitoring is appropriate, proper
positioning of the microphone is necessary to obtain accurate
measurements. With a dosimeter, the microphone is generally located on
the shoulder and remains in that position for the entire workday. With a
sound level meter, the microphone is stationed near the employee's head,
and the instrument is usually held by an individual who follows the
employee as he or she moves about.
Manufacturer's instructions, contained in dosimeter and sound level
meter operating manuals, should be followed for calibration
[[Page 236]]
and maintenance. To ensure accurate results, it is considered good
professional practice to calibrate instruments before and after each
use.
How often is it necessary to monitor noise levels?
The amendment requires that when there are significant changes in
machinery or production processes that may result in increased noise
levels, remonitoring must be conducted to determine whether additional
employees need to be included in the hearing conservation program. Many
companies choose to remonitor periodically (once every year or two) to
ensure that all exposed employees are included in their hearing
conservation programs.
Where can equipment and technical advice be obtained?
Noise monitoring equipment may be either purchased or rented. Sound
level meters cost about $500 to $1,000, while dosimeters range in price
from about $750 to $1,500. Smaller companies may find it more economical
to rent equipment rather than to purchase it. Names of equipment
suppliers may be found in the telephone book (Yellow Pages) under
headings such as: ``Safety Equipment,'' ``Industrial Hygiene,'' or
``Engineers-Acoustical.'' In addition to providing information on
obtaining noise monitoring equipment, many companies and individuals
included under such listings can provide professional advice on how to
conduct a valid noise monitoring program. Some audiological testing
firms and industrial hygiene firms also provide noise monitoring
services. Universities with audiology, industrial hygiene, or acoustical
engineering departments may also provide information or may be able to
help employers meet their obligations under this amendment.
Free, on-site assistance may be obtained from OSHA-supported state
and private consultation organizations. These safety and health
consultative entities generally give priority to the needs of small
businesses.
Appendix H to Sec. 1910.95--Availability of Referenced Documents
Paragraphs (c) through (o) of 29 CFR 1910.95 and the accompanying
appendices contain provisions which incorporate publications by
reference. Generally, the publications provide criteria for instruments
to be used in monitoring and audiometric testing. These criteria are
intended to be mandatory when so indicated in the applicable paragraphs
of Sec. 1910.95 and appendices.
It should be noted that OSHA does not require that employers
purchase a copy of the referenced publications. Employers, however, may
desire to obtain a copy of the referenced publications for their own
information.
The designation of the paragraph of the standard in which the
referenced publications appear, the titles of the publications, and the
availability of the publications are as follows:
------------------------------------------------------------------------
Referenced
Paragraph designation publication Available from--
------------------------------------------------------------------------
Appendix B.................... ``List of National Technical
Personal Hearing Information Service,
Protectors and Port Royal Road,
Attenuation Springfield, VA
Data,'' HEW Pub. 22161.
No. 76-120,
1975. NTIS-
PB267461.
Appendix D.................... ``Specification American National
for Sound Level Standards Institute,
Meters,'' S1.4- Inc., 1430 Broadway,
1971 (R1976). New York, NY 10018.
Sec. 1910.95(k)(2), appendix ``Specifications American National
E. for Standards Institute,
Audiometers,'' Inc., 1430 Broadway,
S3.6-1969. New York, NY 10018.
Appendix D.................... ``Specification Back Numbers
for Octave, Half- Department, Dept.
Octave and Third- STD, American
Octave Band Institute of
Filter Sets,'' Physics, 333 E. 45th
S1.11-1971 St., New York, NY
(R1976). 10017; American
National Standards
Institute, Inc.,
1430 Broadway, New
York, NY 10018.
------------------------------------------------------------------------
The referenced publications (or a microfiche of the publications)
are available for review at many universities and public libraries
throughout the country. These publications may also be examined at the
OSHA Technical Data Center, Room N2439, United States Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-
7500 or at any OSHA Regional Office (see telephone directories under
United States Government--Labor Department).
Appendix I to Sec. 1910.95--Definitions
These definitions apply to the following terms as used in paragraphs
(c) through (n) of 29 CFR 1910.95.
Action level--An 8-hour time-weighted average of 85 decibels measured on
the A-scale, slow response, or equivalently, a dose of fifty percent.
Audiogram--A chart, graph, or table resulting from an audiometric test
showing an individual's hearing threshold levels as a function of
frequency.
Audiologist--A professional, specializing in the study and
rehabilitation of hearing, who is certified by the American Speech-
Language-Hearing Association or licensed by a state board of examiners.
Baseline audiogram--The audiogram against which future audiograms are
compared.
[[Page 237]]
Criterion sound level--A sound level of 90 decibels.
Decibel (dB)--Unit of measurement of sound level.
Hertz (Hz)--Unit of measurement of frequency, numerically equal to
cycles per second.
Medical pathology--A disorder or disease. For purposes of this
regulation, a condition or disease affecting the ear, which should be
treated by a physician specialist.
Noise dose--The ratio, expressed as a percentage, of (1) the time
integral, over a stated time or event, of the 0.6 power of the measured
SLOW exponential time-averaged, squared A-weighted sound pressure and
(2) the product of the criterion duration (8 hours) and the 0.6 power of
the squared sound pressure corresponding to the criterion sound level
(90 dB).
Noise dosimeter--An instrument that integrates a function of sound
pressure over a period of time in such a manner that it directly
indicates a noise dose.
Otolaryngologist--A physician specializing in diagnosis and treatment of
disorders of the ear, nose and throat.
Representative exposure--Measurements of an employee's noise dose or 8-
hour time-weighted average sound level that the employers deem to be
representative of the exposures of other employees in the workplace.
Sound level--Ten times the common logarithm of the ratio of the square
of the measured A-weighted sound pressure to the square of the standard
reference pressure of 20 micropascals. Unit: decibels (dB). For use with
this regulation, SLOW time response, in accordance with ANSI S1.4-1971
(R1976), is required.
Sound level meter--An instrument for the measurement of sound level.
Time-weighted average sound level--That sound level, which if constant
over an 8-hour exposure, would result in the same noise dose as is
measured.
[39 FR 23502, June 27, 1974, as amended at 46 FR 4161, Jan. 16, 1981; 46
FR 62845, Dec. 29, 1981; 48 FR 9776, Mar. 8, 1983; 48 FR 29687, June 28,
1983; 54 FR 24333, June 7, 1989; 61 FR 9236, Mar. 7, 1996; 71 FR 16672,
Apr. 3, 2006; 73 FR 75584, Dec. 12, 2008]
Sec. 1910.97 Nonionizing radiation.
(a) Electromagnetic radiation--(1) Definitions applicable to this
paragraph. (i) The term electromagnetic radiation is restricted to that
portion of the spectrum commonly defined as the radio frequency region,
which for the purpose of this specification shall include the microwave
frequency region.
(ii) Partial body irradiation. Pertains to the case in which part of
the body is exposed to the incident electromagnetic energy.
(iii) Radiation protection guide. Radiation level which should not
be exceeded without careful consideration of the reasons for doing so.
(iv) The word ``symbol'' as used in this specification refers to the
overall design, shape, and coloring of the rf radiation sign shown in
figure G-11.
(v) Whole body irradiation. Pertains to the case in which the entire
body is exposed to the incident electromagnetic energy or in which the
cross section of the body is smaller than the cross section of the
incident radiation beam.
(2) Radiation protection guide. (i) For normal environmental
conditions and for incident electromagnetic energy of frequencies from
10 MHz to 100 GHz, the radiation protection guide is 10 mW/cm.\2\
(milliwatt per square centimeter) as averaged over any possible 0.1-hour
period. This means the following:
Power density: 10 mW./cm.\2\ for periods of 0.1-hour or more.
Energy density: 1 mW.-hr./cm.\2\ (milliwatt hour per square centimeter)
during any 0.1-hour period.
This guide applies whether the radiation is continuous or intermittent.
(ii) These formulated recommendations pertain to both whole body
irradiation and partial body irradiation. Partial body irradiation must
be included since it has been shown that some parts of the human body
(e.g., eyes, testicles) may be harmed if exposed to incident radiation
levels significantly in excess of the recommended levels.
(3) Warning symbol. (i) The warning symbol for radio frequency
radiation hazards shall consist of a red isosceles triangle above an
inverted black isosceles triangle, separated and outlined by an aluminum
color border. The words ``Warning--Radio-Frequency Radiation Hazard''
shall appear in the upper triangle. See figure G-11.
(ii) ANSI Z53.1-1967 or ANSI Z535.1-2006(R2011), incorporated by
reference in Sec. 1910.6, is for use for color specification. All
lettering and the border shall be of aluminum color.
(iii) The inclusion and choice of warning information or
precautionary instructions is at the discretion of the
[[Page 238]]
user. If such information is included it shall appear in the lower
triangle of the warning symbol.
[GRAPHIC] [TIFF OMITTED] TC27OC91.024
Figure G-11--Radio-Frequency Radiation Hazard Warning Symbol
[[Page 239]]
(4) Scope. This section applies to all radiations originating from
radio stations, radar equipment, and other possible sources of
electromagnetic radiation such as used for communication, radio
navigation, and industrial and scientific purposes. This section does
not apply to the deliberate exposure of patients by, or under the
direction of, practitioners of the healing arts.
(b) [Reserved]
[39 FR 23502, June 27, 1974, as amended at 61 FR 9236, Mar. 7, 1996; 78
FR 35566, June 13, 2013]
Sec. 1910.98 Effective dates.
(a) The provisions of this subpart G shall become effective on
August 27, 1971, except as provided in the remaining paragraphs of this
section.
(b) The following provisions shall become effective on February 15,
1972:
Sec. 1910.94 (a)(2)(iii), (a)(3), (a)(4), (b), (c)(2), (c)(3), (c)(4),
(c)(5), (c)(6)(i), (c)(6)(ii), (d)(1)(ii), (d)(3), (d)(4), (d)(5), and
(d)(7).
(c) Notwithstanding anything in paragraph (a), (b), or (d) of this
section, any provision in any other section of this subpart which
contains in itself a specific effective date or time limitation shall
become effective on such date or shall apply in accordance with such
limitation.
(d) Notwithstanding anything in paragraph (a) of this section, if
any standard in 41 CFR part 50-204, other than a national consensus
standard incorporated by reference in Sec. 50-204.2(a)(1), is or
becomes applicable at any time to any employment and place of
employment, by virtue of the Walsh-Healey Public Contracts Act, or the
Service Contract Act of 1965, or the National Foundation on Arts and
Humanities Act of 1965, any corresponding established Federal standard
in this subpart G which is derived from 41 CFR part 50-204 shall also
become effective, and shall be applicable to such employment and place
of employment, on the same date.
Subpart H_Hazardous Materials
Authority: 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), or 5-2007 (72 FR
31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR 3912), as applicable; and
29 CFR part 1911.
Sections 1910.103, 1910.106 through 1910.111, and 1910.119,
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part
1911.
Section 1910.119 also issued under Section 304, Clean Air Act
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C.A. 655 Note.
Section 1910.120 also issued under Section 126, Superfund Amendments
and Reauthorization Act of 1986 as amended (29 U.S.C.A. 655 Note), and 5
U.S.C. 553.
Sec. 1910.101 Compressed gases (general requirements).
(a) Inspection of compressed gas cylinders. Each employer shall
determine that compressed gas cylinders under his control are in a safe
condition to the extent that this can be determined by visual
inspection. Visual and other inspections shall be conducted as
prescribed in the Hazardous Materials Regulations of the Department of
Transportation (49 CFR parts 171-179 and 14 CFR part 103). Where those
regulations are not applicable, visual and other inspections shall be
conducted in accordance with Compressed Gas Association Pamphlets C-6-
1968 and C-8-1962, which is incorporated by reference as specified in
Sec. 1910.6.
(b) Compressed gases. The in-plant handling, storage, and
utilization of all compressed gases in cylinders, portable tanks, rail
tankcars, or motor vehicle cargo tanks shall be in accordance with
Compressed Gas Association Pamphlet P-1-1965, which is incorporated by
reference as specified in Sec. 1910.6.
(c) Safety relief devices for compressed gas containers. Compressed
gas cylinders, portable tanks, and cargo tanks shall have pressure
relief devices installed and maintained in accordance with Compressed
Gas Association Pamphlets S-1.1-1963 and 1965 addenda and S-1.2-1963,
which is incorporated by reference as specified in Sec. 1910.6.
[39 FR 23502, June 27, 1974, as amended at 61 FR 9236, Mar. 7, 1996]
Sec. 1910.102 Acetylene.
(a) Cylinders. Employers must ensure that the in-plant transfer,
handling, storage, and use of acetylene in cylinders comply with the
provisions of
[[Page 240]]
CGA Pamphlet G-1-2009 (``Acetylene'') (incorporated by reference, see
Sec. 1910.6).
(b) Piped systems. (1) Employers must comply with Chapter 9
(``Acetylene Piping'') of NFPA 51A-2006 (``Standard for Acetylene
Charging Plants'') (National Fire Protection Association, 2006 ed.,
2006).
(2) When employers can demonstrate that the facilities, equipment,
structures, or installations used to generate acetylene or to charge
(fill) acetylene cylinders were installed prior to February 16, 2006,
these employers may comply with the provisions of Chapter 7 (``Acetylene
Piping'') of NFPA 51A-2001 (``Standard for Acetylene Charging Plants'')
(National Fire Protection Association, 2001 ed., 2001).
(3) The provisions of Sec. 1910.102(b)(2) also apply when the
facilities, equipment, structures, or installations used to generate
acetylene or to charge (fill) acetylene cylinders were approved for
construction or installation prior to February 16, 2006, but constructed
and installed on or after that date.
(4) For additional information on acetylene piping systems, see CGA
G-1.2-2006, part 3 (``Acetylene piping'') (Compressed Gas Association,
Inc., 3rd ed., 2006).
(c) Generators and filling cylinders. (1) Employers must ensure that
facilities, equipment, structures, or installations used to generate
acetylene or to charge (fill) acetylene cylinders comply with the
provisions of NFPA 51A-2006 (``Standard for Acetylene Charging Plants'')
(National Fire Protection Association, 2006 ed., 2006).
(2) When employers can demonstrate that the facilities, equipment,
structures, or installations used to generate acetylene or to charge
(fill) of acetylene cylinders were constructed or installed prior to
February 16, 2006, these employers may comply with the provisions of
NFPA 51A-2001 (``Standard for Acetylene Charging Plants'') (National
Fire Protection Association, 2001 ed., 2001).
(3) The provisions of Sec. 1910.102(c)(2) also apply when the
facilities, equipment, structures, or installations were approved for
construction or installation prior to February 16, 2006, but constructed
and installed on or after that date.
[74 FR 40447, Aug. 11, 2009, as amended at 76 FR 75786, Dec. 5, 2011]
Sec. 1910.103 Hydrogen.
(a) General--(1) Definitions. As used in this section (i) Gaseous
hydrogen system is one in which the hydrogen is delivered, stored and
discharged in the gaseous form to consumer's piping. The system includes
stationary or movable containers, pressure regulators, safety relief
devices, manifolds, interconnecting piping and controls. The system
terminates at the point where hydrogen at service pressure first enters
the consumer's distribution piping.
(ii) Approved--Means, unless otherwise indicated, listed or approved
by a nationally recognized testing laboratory. Refer to Sec. 1910.7 for
definition of nationally recognized testing laboratory.
(iii) Listed--See ``approved''.
(iv) ASME--American Society of Mechanical Engineers.
(v) DOT Specifications--Regulations of the Department of
Transportation published in 49 CFR Chapter I.
(vi) DOT regulations--See Sec. 1910.103 (a)(1)(v).
(2) Scope--(i) Gaseous hydrogen systems. (a) Paragraph (b) of this
section applies to the installation of gaseous hydrogen systems on
consumer premises where the hydrogen supply to the consumer premises
originates outside the consumer premises and is delivered by mobile
equipment.
(b) Paragraph (b) of this section does not apply to gaseous hydrogen
systems having a total hydrogen content of less than 400 cubic feet, nor
to hydrogen manufacturing plants or other establishments operated by the
hydrogen supplier or his agent for the purpose of storing hydrogen and
refilling portable containers, trailers, mobile supply trucks, or tank
cars.
(ii) Liquefied hydrogen systems. (a) Paragraph (c) of this section
applies to the installation of liquefied hydrogen systems on consumer
premises.
(b) Paragraph (c) of this section does not apply to liquefied
hydrogen portable containers of less than 150 liters (39.63 gallons)
capacity; nor to liquefied
[[Page 241]]
hydrogen manufacturing plants or other establishments operated by the
hydrogen supplier or his agent for the sole purpose of storing liquefied
hydrogen and refilling portable containers, trailers, mobile supply
trucks, or tank cars.
(b) Gaseous hydrogen systems--(1) Design--(i) Containers. (a)
Hydrogen containers shall comply with one of the following:
(1) Designed, constructed, and tested in accordance with appropriate
requirements of ASME Boiler and Pressure Vessel Code, section VIII--
Unfired Pressure Vessels--1968, which is incorporated by reference as
specified in Sec. 1910.6.
(2) Designed, constructed, tested and maintained in accordance with
U.S. Department of Transportation Specifications and Regulations.
(b) Permanently installed containers shall be provided with
substantial noncombustible supports on firm noncombustible foundations.
(c) Each portable container shall be legibly marked with the name
``Hydrogen'' in accordance with the marking requirements set forth in
Sec. 1910.253(b)(1)(ii). Each manifolded hydrogen supply unit shall be
legibly marked with the name ``Hydrogen'' or a legend such as ``This
unit contains hydrogen.''
(ii) Safety relief devices. (a) Hydrogen containers shall be
equipped with safety relief devices as required by the ASME Boiler and
Pressure Vessel Code, section VIII Unfired Pressure Vessels, 1968 or the
DOT Specifications and Regulations under which the container is
fabricated.
(b) Safety relief devices shall be arranged to discharge upward and
unobstructed to the open air in such a manner as to prevent any
impingement of escaping gas upon the container, adjacent structure or
personnel. This requirement does not apply to DOT Specification
containers having an internal volume of 2 cubic feet or less.
(c) Safety relief devices or vent piping shall be designed or
located so that moisture cannot collect and freeze in a manner which
would interfere with proper operation of the device.
(iii) Piping, tubing, and fittings. (a) Piping, tubing, and fittings
shall be suitable for hydrogen service and for the pressures and
temperatures involved. Cast iron pipe and fittings shall not be used.
(b) Piping and tubing shall conform to section 2--``Industrial Gas
and Air Piping''--Code for Pressure Piping, ANSI B31.1-1967 with addenda
B31.1-1969, which is incorporated by reference as specified in Sec.
1910.6.
(c) Joints in piping and tubing may be made by welding or brazing or
by use of flanged, threaded, socket, or compression fittings. Gaskets
and thread sealants shall be suitable for hydrogen service.
(iv) Equipment assembly. (a) Valves, gauges, regulators, and other
accessories shall be suitable for hydrogen service.
(b) Installation of hydrogen systems shall be supervised by
personnel familiar with proper practices with reference to their
construction and use.
(c) Storage containers, piping, valves, regulating equipment, and
other accessories shall be readily accessible, and shall be protected
against physical damage and against tampering.
(d) Cabinets or housings containing hydrogen control or operating
equipment shall be adequately ventilated.
(e) Each mobile hydrogen supply unit used as part of a hydrogen
system shall be adequately secured to prevent movement.
(f) Mobile hydrogen supply units shall be electrically bonded to the
system before discharging hydrogen.
(v) Marking. The hydrogen storage location shall be permanently
placarded as follows: ``HYDROGEN--FLAMMABLE GAS--NO SMOKING--NO OPEN
FLAMES,'' or equivalent.
(vi) Testing. After installations, all piping, tubing, and fittings
shall be tested and proved hydrogen gas tight at maximum operating
pressure.
(2) Location--(i) General. (a) The system shall be located so that
it is readily accessible to delivery equipment and to authorized
personnel.
(b) Systems shall be located above ground.
(c) Systems shall not be located beneath electric power lines.
(d) Systems shall not be located close to flammable liquid piping or
piping of other flammable gases.
[[Page 242]]
(e) Systems near aboveground flammable liquid storage shall be
located on ground higher than the flammable liquid storage except when
dikes, diversion curbs, grading, or separating solid walls are used to
prevent accumulation of flammable liquids under the system.
(ii) Specific requirements. (a) The location of a system, as
determined by the maximum total contained volume of hydrogen, shall be
in the order of preference as indicated by Roman numerals in Table H-1.
Table H-1
----------------------------------------------------------------------------------------------------------------
Size of hydrogen system
Nature of location --------------------------------------------------------------------------
Less than 3,000 CF 3,000 CF to 15,000 CF In excess of 15,000 CF
----------------------------------------------------------------------------------------------------------------
Outdoors............................. I...................... IDI....................
In a separate building............... II..................... II..................... II.
In a special room.................... III.................... III.................... Not permitted.
Inside buildings not in a special IV..................... Not permitted.......... Not permitted.
room and exposed to other
occupancies.
----------------------------------------------------------------------------------------------------------------
(b) The minimum distance in feet from a hydrogen system of indicated
capacity located outdoors, in separate buildings or in special rooms to
any specified outdoor exposure shall be in accordance with Table H-2.
(c) The distances in Table H-2 Items 1 and 3 to 10 inclusive do not
apply where protective structures such as adequate fire walls are
located between the system and the exposure.
Table H-2
----------------------------------------------------------------------------------------------------------------
Type of outdoor exposure Size of hydrogen system
----------------------------------------------------------------------------------------------------------------
3,000 CF In excess
Less than to 15,000 of 15,000
3,000 CF CF CF
----------------------------------------------------------------------------------------------------------------
1. Building or structure................. Wood frame construction \1\...... 10 25 50
Heavy timber, noncombustible or 0 10 \2\ 25
ordinary construction \1\.
Fire-resistive construction \1\.. 0 0 0
2. Wall openings......................... Not above any part of a system... 10 10 10
Above any part of a system....... 25 25 25
3. Flammable liquids above ground........ 0 to 1,000 gallons............... 10 25 25
In excess of 1,000 gallons....... 25 50 50
4. Flammable liquids below ground--0 to Tank............................. 10 10 10
1,000 gallons. Vent or fill opening of tank..... 25 25 25
5. Flammable liquids below ground--in Tank............................. 20 20 20
excess of 1,000 gallons.. Vent or fill opening of tank..... 25 25 25
6. Flammable gas storage, either high 0 to 15,000 CF capacity.......... 10 25 25
pressure or low pressure.. In excess of 15,000 CF capacity.. 25 50 50
7. Oxygen storage........................ 12,000 CF or less \4\............ .......... .......... ..........
More than 12,000 CF \5\.......... .......... .......... ..........
8. Fast burning solids such as ordinary lumber, excelsior or paper.......... 50 50 50
9. Slow burning solids such as heavy timber or coal......................... 25 25 25
10. Open flames and other sources of ignition............................... 25 25 25
11. Air compressor intakes or inlets to ventilating or air-conditioning 50 50 50
equipment.
12. Concentration of people \3\............................................. 25 50 50
----------------------------------------------------------------------------------------------------------------
\1\ Refer to NFPA No. 220 Standard Types of Building Construction for definitions of various types of
construction. (1969 Ed.)
\2\ But not less than one-half the height of adjacent side wall of the structure.
\3\ In congested areas such as offices, lunchrooms, locker rooms, time-clock areas.
\4\ Refer to NFPA No. 51, gas systems for welding and cutting (1969).
\5\ Refer to NFPA No. 566, bulk oxygen systems at consumer sites (1969).
(d) Hydrogen systems of less than 3,000 CF when located inside
buildings and exposed to other occupancies shall be situated in the
building so that the system will be as follows:
(1) In an adequately ventilated area as in paragraph (b)(3)(ii)(b)
of this section.
(2) Twenty feet from stored flammable materials or oxidizing gases.
[[Page 243]]
(3) Twenty-five feet from open flames, ordinary electrical equipment
or other sources of ignition.
(4) Twenty-five feet from concentrations of people.
(5) Fifty feet from intakes of ventilation or air-conditioning
equipment and air compressors.
(6) Fifty feet from other flammable gas storage.
(7) Protected against damage or injury due to falling objects or
working activity in the area.
(8) More than one system of 3,000 CF or less may be installed in the
same room, provided the systems are separated by at least 50 feet. Each
such system shall meet all of the requirements of this paragraph.
(3) Design consideration at specific locations--(i) Outdoor
locations. (a) Where protective walls or roofs are provided, they shall
be constructed of noncombustible materials.
(b) Where the enclosing sides adjoin each other, the area shall be
properly ventilated.
(c) Electrical equipment within 15 feet shall be in accordance with
subpart S of this part.
(ii) Separate buildings. (a) Separate buildings shall be built of at
least noncombustible construction. Windows and doors shall be located so
as to be readily accessible in case of emergency. Windows shall be of
glass or plastic in metal frames.
(b) Adequate ventilation to the outdoors shall be provided. Inlet
openings shall be located near the floor in exterior walls only. Outlet
openings shall be located at the high point of the room in exterior
walls or roof. Inlet and outlet openings shall each have minimum total
area of one (1) square foot per 1,000 cubic feet of room volume.
Discharge from outlet openings shall be directed or conducted to a safe
location.
(c) Explosion venting shall be provided in exterior walls or roof
only. The venting area shall be equal to not less than 1 square foot per
30 cubic feet of room volume and may consist of any one or any
combination of the following: Walls of light, noncombustible material,
preferably single thickness, single strength glass; lightly fastened
hatch covers; lightly fastened swinging doors in exterior walls opening
outward; lightly fastened walls or roof designed to relieve at a maximum
pressure of 25 pounds per square foot.
(d) There shall be no sources of ignition from open flames,
electrical equipment, or heating equipment.
(e) Electrical equipment shall be in accordance with subpart S of
this part for Class I, Division 2 locations.
(f) Heating, if provided, shall be by steam, hot water, or other
indirect means.
(iii) Special rooms. (a) Floor, walls, and ceiling shall have a
fire-resistance rating of at least 2 hours. Walls or partitions shall be
continuous from floor to ceiling and shall be securely anchored. At
least one wall shall be an exterior wall. Openings to other parts of the
building shall not be permitted. Windows and doors shall be in exterior
walls and shall be located so as to be readily accessible in case of
emergency. Windows shall be of glass or plastic in metal frames.
(b) Ventilation shall be as provided in paragraph (b)(3)(ii)(b) of
this section.
(c) Explosion venting shall be as provided in paragraph
(b)(3)(ii)(c) of this section.
(d) There shall be no sources of ignition from open flames,
electrical equipment, or heating equipment.
(e) Electric equipment shall be in accordance with the requirements
of subpart S of this part for Class I, Division 2 locations.
(f) Heating, if provided, shall be by steam, hot water, or indirect
means.
(4) Operating instructions. For installations which require any
operation of equipment by the user, legible instructions shall be
maintained at operating locations.
(5) Maintenance. The equipment and functioning of each charged
gaseous hydrogen system shall be maintained in a safe operating
condition in accordance with the requirements of this section. The area
within 15 feet of any hydrogen container shall be kept free of dry
vegetation and combustible material.
[[Page 244]]
(c) Liquefied hydrogen systems--(1) Design--(i) Containers. (a)
Hydrogen containers shall comply with the following: Storage containers
shall be designed, constructed, and tested in accordance with
appropriate requirements of the ASME Boiler and Pressure Vessel Code,
section VIII--Unfired Pressure Vessels (1968) or applicable provisions
of API Standard 620, Recommended Rules for Design and Construction of
Large, Welded, Low-Pressure Storage Tanks, Second Edition (June 1963)
and appendix R (April 1965), which is incorporated by reference as
specified in Sec. 1910.6.
(b) Portable containers shall be designed, constructed and tested in
accordance with DOT Specifications and Regulations.
(ii) Supports. Permanently installed containers shall be provided
with substantial noncombustible supports securely anchored on firm
noncombustible foundations. Steel supports in excess of 18 inches in
height shall be protected with a protective coating having a 2-hour
fire-resistance rating.
(iii) Marking. Each container shall be legibly marked to indicate
``LIQUEFIED HYDROGEN--FLAMMABLE GAS.''
(iv) Safety relief devices. (a)(1) Stationary liquefied hydrogen
containers shall be equipped with safety relief devices sized in
accordance with CGA Pamphlet S-1, part 3, Safety Relief Device Standards
for Compressed Gas Storage Containers, which is incorporated by
reference as specified in Sec. 1910.6.
(2) Portable liquefied hydrogen containers complying with the U.S.
Department of Transportation Regulations shall be equipped with safety
relief devices as required in the U.S. Department of Transportation
Specifications and Regulations. Safety relief devices shall be sized in
accordance with the requirements of CGA Pamphlet S-1, Safety Relief
Device Standards, part 1, Compressed Gas Cylinders and part 2, Cargo and
Portable Tank Containers.
(b) Safety relief devices shall be arranged to discharge
unobstructed to the outdoors and in such a manner as to prevent
impingement of escaping liquid or gas upon the container, adjacent
structures or personnel. See paragraph (c)(2)(i)(f) of this section for
venting of safety relief devices in special locations.
(c) Safety relief devices or vent piping shall be designed or
located so that moisture cannot collect and freeze in a manner which
would interfere with proper operation of the device.
(d) Safety relief devices shall be provided in piping wherever
liquefied hydrogen could be trapped between closures.
(v) Piping, tubing, and fittings. (a) Piping, tubing, and fittings
and gasket and thread sealants shall be suitable for hydrogen service at
the pressures and temperatures involved. Consideration shall be given to
the thermal expansion and contraction of piping systems when exposed to
temperature fluctuations of ambient to liquefied hydrogen temperatures.
(b) Gaseous hydrogen piping and tubing (above -20 [deg]F.) shall
conform to the applicable sections of Pressure Piping section 2--
Industrial Gas and Air Piping, ANSI B31.1-1967 with addenda B31.1-1969.
Design of liquefied hydrogen or cold (-20 [deg]F. or below) gas piping
shall use Petroleum Refinery Piping ANSI B31.3-1966 or Refrigeration
Piping ANSI B31.5-1966 with addenda B31.5a-1968 as a guide, which are
incorporated by reference as specified in Sec. 1910.6.
(c) Joints in piping and tubing shall preferably be made by welding
or brazing; flanged, threaded, socket, or suitable compression fittings
may be used.
(d) Means shall be provided to minimize exposure of personnel to
piping operating at low temperatures and to prevent air condensate from
contacting piping, structural members, and surfaces not suitable for
cryogenic temperatures. Only those insulating materials which are rated
nonburning in accordance with ASTM Procedures D1692-68, which is
incorporated by reference as specified in Sec. 1910.6, may be used.
Other protective means may be used to protect personnel. The insulation
shall be designed to have a vapor-tight seal in the outer covering to
prevent the condensation of air and subsequent oxygen enrichment within
the insulation. The insulation material and outside shield shall also be
of adequate design
[[Page 245]]
to prevent attrition of the insulation due to normal operating
conditions.
(e) Uninsulated piping and equipment which operate at liquefied-
hydrogen temperature shall not be installed above asphalt surfaces or
other combustible materials in order to prevent contact of liquid air
with such materials. Drip pans may be installed under uninsulated piping
and equipment to retain and vaporize condensed liquid air.
(vi) Equipment assembly. (a) Valves, gauges, regulators, and other
accessories shall be suitable for liquefied hydrogen service and for the
pressures and temperatures involved.
(b) Installation of liquefied hydrogen systems shall be supervised
by personnel familiar with proper practices and with reference to their
construction and use.
(c) Storage containers, piping, valves, regulating equipment, and
other accessories shall be readily accessible and shall be protected
against physical damage and against tampering. A shutoff valve shall be
located in liquid product withdrawal lines as close to the container as
practical. On containers of over 2,000 gallons capacity, this shutoff
valve shall be of the remote control type with no connections, flanges,
or other appurtenances (other than a welded manual shutoff valve)
allowed in the piping between the shutoff valve and its connection to
the inner container.
(d) Cabinets or housings containing hydrogen control equipment shall
be ventilated to prevent any accumulation of hydrogen gas.
(vii) Testing. (a) After installation, all field-erected piping
shall be tested and proved hydrogen gas-tight at operating pressure and
temperature.
(b) Containers if out of service in excess of 1 year shall be
inspected and tested as outlined in (a) of this subdivision. The safety
relief devices shall be checked to determine if they are operable and
properly set.
(viii) Liquefied hydrogen vaporizers. (a) The vaporizer shall be
anchored and its connecting piping shall be sufficiently flexible to
provide for the effect of expansion and contraction due to temperature
changes.
(b) The vaporizer and its piping shall be adequately protected on
the hydrogen and heating media sections with safety relief devices.
(c) Heat used in a liquefied hydrogen vaporizer shall be indirectly
supplied utilizing media such as air, steam, water, or water solutions.
(d) A low temperature shutoff switch shall be provided in the
vaporizer discharge piping to prevent flow of liquefied hydrogen in the
event of the loss of the heat source.
(ix) Electrical systems. (a) Electrical wiring and equipment located
within 3 feet of a point where connections are regularly made and
disconnected, shall be in accordance with subpart S of this part, for
Class I, Group B, Division 1 locations.
(b) Except as provided in (a) of this subdivision, electrical
wiring, and equipment located within 25 feet of a point where
connections are regularly made and disconnected or within 25 feet of a
liquid hydrogen storage container, shall be in accordance with subpart S
of this part, for Class I, Group B, Division 2 locations. When equipment
approved for class I, group B atmospheres is not commercially available,
the equipment may be--
(1) Purged or ventilated in accordance with NFPA No. 496-1967,
Standard for Purged Enclosures for Electrical Equipment in Hazardous
Locations,
(2) Intrinsically safe, or
(3) Approved for Class I, Group C atmospheres. This requirement does
not apply to electrical equipment which is installed on mobile supply
trucks or tank cars from which the storage container is filled.
(x) Bonding and grounding. The liquefied hydrogen container and
associated piping shall be electrically bonded and grounded.
(2) Location of liquefied hydrogen storage--(i) General
requirements. (a) The storage containers shall be located so that they
are readily accessible to mobile supply equipment at ground level and to
authorized personnel.
(b) The containers shall not be exposed by electric power lines,
flammable liquid lines, flammable gas lines, or lines carrying oxidizing
materials.
(c) When locating liquified hydrogen storage containers near above-
ground
[[Page 246]]
flammable liquid storage or liquid oxygen storage, it is advisable to
locate the liquefied hydrogen container on ground higher than flammable
liquid storage or liquid oxygen storage.
(d) Where it is necessary to locate the liquefied hydrogen container
on ground that is level with or lower than adjacent flammable liquid
storage or liquid oxygen storage, suitable protective means shall be
taken (such as by diking, diversion curbs, grading), with respect to the
adjacent flammable liquid storage or liquid oxygen storage, to prevent
accumulation of liquids within 50 feet of the liquefied hydrogen
container.
(e) Storage sites shall be fenced and posted to prevent entrance by
unauthorized personnel. Sites shall also be placarded as follows:
``Liquefied Hydrogen--Flammable Gas--No Smoking--No Open Flames.''
(f) If liquified hydrogen is located in (as specified in Table H-3)
a separate building, in a special room, or inside buildings when not in
a special room and exposed to other occupancies, containers shall have
the safety relief devices vented unobstructed to the outdoors at a
minimum elevation of 25 feet above grade to a safe location as required
in paragraph (c)(1)(iv)(b) of this section.
(ii) Specific requirements. (a) The location of liquefied hydrogen
storage, as determined by the maximum total quantity of liquified
hydrogen, shall be in the order of preference as indicated by Roman
numerals in the following Table H-3.
Table H-3--Maximum Total Quantity of Liquefied Hydrogen Storage Permitted
----------------------------------------------------------------------------------------------------------------
Size of hydrogen storage (capacity in gallons)
-------------------------------------------------------------------------------
Nature of location 39.63 (150 liters)
to 50 51 to 300 301 to 600 In excess of 600
----------------------------------------------------------------------------------------------------------------
Outdoors........................ I................. I................. I................. I.
In a separate building.......... II................ II................ II................ Not permitted.
In a special room............... III............... III............... Not permitted..... Do.
Inside buildings not in a IV................ Not permitted..... ......do.......... Do.
special room and exposed to
other occupancies.
----------------------------------------------------------------------------------------------------------------
Note: This table does not apply to the storage in dewars of the type generally used in laboratories for
experimental purposes.
(b) The minimum distance in feet from liquefied hydrogen systems of
indicated storage capacity located outdoors, in a separate building, or
in a special room to any specified exposure shall be in accordance with
Table H-4.
Table H-4--Minimum Distance (Feet) From Liquefied Hydrogen Systems to
Exposure \1 2\
------------------------------------------------------------------------
Liquefied hydrogen storage
(capacity in gallons)
-----------------------------
Type of exposure 39.63
(150 3,501 to 15,001
liters) 15,000 to
to 3,500 30,000
------------------------------------------------------------------------
1. Fire-resistive building and fire walls 5 5 5
\3\......................................
2. Noncombustible building \3\............ 25 50 75
3. Other buildings \3\.................... 50 75 100
4. Wall openings, air-compressor intakes, 75 75 75
inlets for air-conditioning or
ventilating equipment....................
5. Flammable liquids (above ground and 50 75 100
vent or fill openings if below ground)
(see 513 and 514)........................
6. Between stationary liquefied hydrogen 5 5 5
containers...............................
7. Flammable gas storage.................. 50 75 100
8. Liquid oxygen storage and other 100 100 100
oxidizers (see 513 and 514)..............
9. Combustible solids..................... 50 75 100
10. Open flames, smoking and welding...... 50 50 50
11. Concentrations of people.............. 75 75 75
------------------------------------------------------------------------
\1\ The distance in Nos. 2, 3, 5, 7, 9, and 12 in Table H-4 may be
reduced where protective structures, such as firewalls equal to height
of top of the container, to safeguard the liquefied hydrogen storage
system, are located between the liquefied hydrogen storage
installation and the exposure.
\2\ Where protective structures are provided, ventilation and
confinement of product should be considered. The 5-foot distance in
Nos. 1 and 6 facilitates maintenance and enhances ventilation.
[[Page 247]]
\3\ Refer to Standard Types of Building Construction, NFPA No. 220-1969
for definitions of various types of construction.
In congested areas such as offices, lunchrooms, locker rooms, time-clock
areas.
(iii) Handling of liquefied hydrogen inside buildings other than
separate buildings and special rooms. Portable liquefied hydrogen
containers of 50 gallons or less capacity as permitted in Table H-3 and
in compliance with subdivision (i)(f) of this subparagraph when housed
inside buildings not located in a special room and exposed to other
occupancies shall comply with the following minimum requirements:
(a) Be located 20 feet from flammable liquids and readily
combustible materials such as excelsior or paper.
(b) Be located 25 feet from ordinary electrical equipment and other
sources of ignition including process or analytical equipment.
(c) Be located 25 feet from concentrations of people.
(d) Be located 50 feet from intakes of ventilation and air-
conditioning equipment or intakes of compressors.
(e) Be located 50 feet from storage of other flammable-gases or
storage of oxidizing gases.
(f) Containers shall be protected against damage or injury due to
falling objects or work activity in the area.
(g) Containers shall be firmly secured and stored in an upright
position.
(h) Welding or cutting operations, and smoking shall be prohibited
while hydrogen is in the room.
(i) The area shall be adequately ventilated. Safety relief devices
on the containers shall be vented directly outdoors or to a suitable
hood. See paragraphs (c)(1)(iv)(b) and (c)(2)(i)(f) of this section.
(3) Design considerations at specific locations--(i) Outdoor
locations. (a) Outdoor location shall mean outside of any building or
structure, and includes locations under a weather shelter or canopy
provided such locations are not enclosed by more than two walls set at
right angles and are provided with vent-space between the walls and
vented roof or canopy.
(b) Roadways and yard surfaces located below liquefied hydrogen
piping, from which liquid air may drip, shall be constructed of
noncombustible materials.
(c) If protective walls are provided, they shall be constructed of
noncombustible materials and in accordance with the provisions of
paragraph (c)(3)(i)(a) of this section.
(d) Electrical wiring and equipment shall comply with paragraph
(c)(1)(ix) (a) and (b) of this section.
(e) Adequate lighting shall be provided for nighttime transfer
operation.
(ii) Separate buildings. (a) Separate buildings shall be of light
noncombustible construction on a substantial frame. Walls and roofs
shall be lightly fastened and designed to relieve at a maximum internal
pressure of 25 pounds per square foot. Windows shall be of shatterproof
glass or plastic in metal frames. Doors shall be located in such a
manner that they will be readily accessible to personnel in an
emergency.
(b) Adequate ventilation to the outdoors shall be provided. Inlet
openings shall be located near the floor level in exterior walls only.
Outlet openings shall be located at the high point of the room in
exterior walls or roof. Both the inlet and outlet vent openings shall
have a minimum total area of 1 square foot per 1,000 cubic feet of room
volume. Discharge from outlet openings shall be directed or conducted to
a safe location.
(c) There shall be no sources of ignition.
(d) Electrical wiring and equipment shall comply with paragraphs
(c)(1)(ix) (a) and (b) of this section except that the provisions of
paragraph (c)(1)(ix)(b) of this section shall apply to all electrical
wiring and equipment in the separate building.
(e) Heating, if provided, shall be by steam, hot water, or other
indirect means.
(iii) Special rooms. (a) Floors, walls, and ceilings shall have a
fire resistance rating of at least 2 hours. Walls or partitions shall be
continuous from floor to ceiling and shall be securely anchored. At
least one wall shall be an exterior wall. Openings to other parts of the
building shall not be permitted. Windows and doors shall be in exterior
walls and doors shall be located in such a manner that they will be
accessible in an emergency. Windows shall be of
[[Page 248]]
shatterproof glass or plastic in metal frames.
(b) Ventilation shall be as provided in paragraph (c)(3)(ii)(b) of
this section.
(c) Explosion venting shall be provided in exterior walls or roof
only. The venting area shall be equal to not less than 1 square foot per
30 cubic feet of room volume and may consist of any one or any
combination of the following: Walls of light noncombustible material;
lightly fastened hatch covers; lightly fastened swinging doors opening
outward in exterior walls; lightly fastened walls or roofs designed to
relieve at a maximum pressure of 25 pounds per square foot.
(d) There shall be no sources of ignition.
(e) Electrical wiring and equipment shall comply with paragraph
(c)(1)(ix) (a) and (b) of this section except that the provision of
paragraph (c)(1)(ix)(b) of this section shall apply to all electrical
wiring and equipment in the special room.
(f) Heating, if provided, shall be steam, hot water, or by other
indirect means.
(4) Operating instructions--(i) Written instructions. For
installation which require any operation of equipment by the user,
legible instructions shall be maintained at operating locations.
(ii) Attendant. A qualified person shall be in attendance at all
times while the mobile hydrogen supply unit is being unloaded.
(iii) Security. Each mobile liquefied hydrogen supply unit used as
part of a hydrogen system shall be adequately secured to prevent
movement.
(iv) Grounding. The mobile liquefied hydrogen supply unit shall be
grounded for static electricity.
(5) Maintenance. The equipment and functioning of each charged
liquefied hydrogen system shall be maintained in a safe operating
condition in accordance with the requirements of this section. Weeds or
similar combustibles shall not be permitted within 25 feet of any
liquefied hydrogen equipment.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978;
53 FR 12121, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 58 FR 35309, June
30, 1993; 61 FR 9236, 9237, Mar. 7, 1996; 69 FR 31881, June 8, 2004; 72
FR 71069, Dec. 14, 2007]
Sec. 1910.104 Oxygen.
(a) Scope. This section applies to the installation of bulk oxygen
systems on industrial and institutional consumer premises. This section
does not apply to oxygen manufacturing plants or other establishments
operated by the oxygen supplier or his agent for the purpose of storing
oxygen and refilling portable containers, trailers, mobile supply
trucks, or tank cars, nor to systems having capacities less than those
stated in paragraph (b)(1) of this section.
(b) Bulk oxygen systems--(1) Definition. As used in this section: A
bulk oxygen system is an assembly of equipment, such as oxygen storage
containers, pressure regulators, safety devices, vaporizers, manifolds,
and interconnecting piping, which has storage capacity of more than
13,000 cubic feet of oxygen, Normal Temperature and Pressure (NTP),
connected in service or ready for service, or more than 25,000 cubic
feet of oxygen (NTP) including unconnected reserves on hand at the site.
The bulk oxygen system terminates at the point where oxygen at service
pressure first enters the supply line. The oxygen containers may be
stationary or movable, and the oxygen may be stored as gas or liquid.
(2) Location--(i) General. Bulk oxygen storage systems shall be
located above ground out of doors, or shall be installed in a building
of noncombustible construction, adequately vented, and used for that
purpose exclusively. The location selected shall be such that containers
and associated equipment shall not be exposed by electric power lines,
flammable or combustible liquid lines, or flammable gas lines.
(ii) Accessibility. The system shall be located so that it is
readily accessible to mobile supply equipment at ground level and to
authorized personnel.
(iii) Leakage. Where oxygen is stored as a liquid, noncombustible
surfacing shall be provided in an area in which any leakage of liquid
oxygen might fall during operation of the system and filling of a
storage container. For purposes of this paragraph, asphaltic or
bituminous paving is considered to be combustible.
[[Page 249]]
(iv) Elevation. When locating bulk oxygen systems near above-ground
flammable or combustible liquid storage which may be either indoors or
outdoors, it is advisable to locate the system on ground higher than the
flammable or combustible liquid storage.
(v) Dikes. Where it is necessary to locate a bulk oxygen system on
ground lower than adjacent flammable or combustible liquid storage
suitable means shall be taken (such as by diking, diversion curbs, or
grading) with respect to the adjacent flammable or combustible liquid
storage to prevent accumulation of liquids under the bulk oxygen system.
(3) Distance between systems and exposures--(i) General. The minimum
distance from any bulk oxygen storage container to exposures, measured
in the most direct line except as indicated in paragraphs (b)(3) (vi)
and (viii) of this section, shall be as indicated in paragraphs (b)(3)
(ii) to (xviii) of this section inclusive.
(ii) Combustible structures. Fifty feet from any combustible
structures.
(iii) Fire resistive structures. Twenty-five feet from any
structures with fire-resistive exterior walls or sprinklered buildings
of other construction, but not less than one-half the height of adjacent
side wall of the structure.
(iv) Openings. At least 10 feet from any opening in adjacent walls
of fire resistive structures. Spacing from such structures shall be
adequate to permit maintenance, but shall not be less than 1 foot.
(v) Flammable liquid storage above-ground.
------------------------------------------------------------------------
Distance (feet) Capacity (gallons)
------------------------------------------------------------------------
50........................................ 0 to 1000.
90........................................ 1001 or more.
------------------------------------------------------------------------
(vi) Flammable liquid storage below-ground.
------------------------------------------------------------------------
Distance from
oxygen storage
container to
Distance measured horizontally filling and vent
from oxygen storage container to connections or Capacity gallons
flammable liquid tank (feet) openings to
flammable liquid
tank (feet)
------------------------------------------------------------------------
15.............................. 50................ 0 to 1000.
30.............................. 50................ 1001 or more.
------------------------------------------------------------------------
(vii) Combustible liquid storage above-ground.
------------------------------------------------------------------------
Distance (feet) Capacity (gallons)
------------------------------------------------------------------------
25........................................ 0 to 1000.
50........................................ 1001 or more.
------------------------------------------------------------------------
(viii) Combustible liquid storage belowground.
------------------------------------------------------------------------
Distance from oxygen storage
Distance measured horizontally from oxygen container to filling and
storage container to combustible liquid vent connections or openings
tank (feet) to combustible liquid tank
(feet)
------------------------------------------------------------------------
15........................................ 40.
------------------------------------------------------------------------
(ix) Flammable gas storage. (Such as compressed flammable gases,
liquefied flammable gases and flammable gases in low pressure gas
holders):
------------------------------------------------------------------------
Distance (feet) Capacity (cu. ft. NTP)
------------------------------------------------------------------------
50........................................ Less than 5000.
90........................................ 5000 or more.
------------------------------------------------------------------------
(x) Highly combustible materials. Fifty feet from solid materials
which burn rapidly, such as excelsior or paper.
(xi) Slow-burning materials. Twenty-five feet from solid materials
which burn slowly, such as coal and heavy timber.
(xii) Ventilation. Seventy-five feet in one direction and 35 feet in
approximately 90[deg] direction from confining walls (not including
firewalls less than 20 feet high) to provide adequate ventilation in
courtyards and similar confining areas.
(xiii) Congested areas. Twenty-five feet from congested areas such
as offices, lunchrooms, locker rooms, time clock areas, and similar
locations where people may congregate.
(xiv)-(xvii) [Reserved]
(xviii) Exceptions. The distances in paragraphs (b)(3) (ii), (iii),
(v) to (xi) inclusive, of this section do not apply where protective
structures such as firewalls of adequate height to safeguard the oxygen
storage systems are located between the bulk oxygen storage installation
and the exposure. In such cases, the bulk oxygen storage installation
may be a minimum distance of 1 foot from the firewall.
(4) Storage containers--(i) Foundations and supports. Permanently
installed containers shall be provided with substantial noncombustible
supports on firm noncombustible foundations.
[[Page 250]]
(ii) Construction--liquid. Liquid oxygen storage containers shall be
fabricated from materials meeting the impact test requirements of
paragraph UG-84 of ASME Boiler and Pressure Vessel Code, section VIII--
Unfired Pressure Vessels--1968, which is incorporated by reference as
specified in Sec. 1910.6. Containers operating at pressures above 15
pounds per square inch gage (p.s.i.g.) shall be designed, constructed,
and tested in accordance with appropriate requirements of ASME Boiler
and Pressure Vessel Code, section VII--Unfired Pressure Vessels--1968.
Insulation surrounding the liquid oxygen container shall be
noncombustible.
(iii) Construction--gaseous. High- pressure gaseous oxygen
containers shall comply with one of the following:
(a) Designed, constructed, and tested in accordance with appropriate
requirements of ASME Boiler and Pressure Vessel Code, Section VIII--
Unfired Pressure Vessels--1968.
(b) Designed, constructed, tested, and maintained in accordance with
DOT Specifications and Regulations.
(5) Piping, tubing, and fittings--(i) Selection. Piping, tubing, and
fittings shall be suitable for oxygen service and for the pressures and
temperatures involved.
(ii) Specification. Piping and tubing shall conform to section 2--
Gas and Air Piping Systems of Code for Pressure Piping, ANSI, B31.1-1967
with addenda B31.10a-1969, which is incorporated by reference as
specified in Sec. 1910.6.
(iii) Fabrication. Piping or tubing for operating temperatures below
-20 [deg]F. shall be fabricated from materials meeting the impact test
requirements of paragraph UG-84 of ASME Boiler and Pressure Vessel Code,
Section VIII--Unfired Pressure Vessels--1968, when tested at the minimum
operating temperature to which the piping may be subjected in service.
(6) Safety relief devices--(i) General. Bulk oxygen storage
containers, regardless of design pressure shall be equipped with safety
relief devices as required by the ASME code or the DOT specifications
and regulations.
(ii) DOT containers. Bulk oxygen storage containers designed and
constructed in accordance with DOT specification shall be equipped with
safety relief devices as required thereby.
(iii) ASME containers. Bulk oxygen storage containers designed and
constructed in accordance with the ASME Boiler and Pressure Vessel Code,
section VIII--Unfired Pressure Vessel--1968 shall be equipped with
safety relief devices meeting the provisions of the Compressed Gas
Association Pamphlet ``Safety Relief Device Standards for Compressed Gas
Storage Containers,'' S-1, part 3, which is incorporated by reference as
specified in Sec. 1910.6.
(iv) Insulation. Insulation casings on liquid oxygen containers
shall be equipped with suitable safety relief devices.
(v) Reliability. All safety relief devices shall be so designed or
located that moisture cannot collect and freeze in a manner which would
interfere with proper operation of the device.
(7) Liquid oxygen vaporizers--(i) Mounts and couplings. The
vaporizer shall be anchored and its connecting piping be sufficiently
flexible to provide for the effect of expansion and contraction due to
temperature changes.
(ii) Relief devices. The vaporizer and its piping shall be
adequately protected on the oxygen and heating medium sections with
safety relief devices.
(iii) Heating. Heat used in an oxygen vaporizer shall be indirectly
supplied only through media such as steam, air, water, or water
solutions which do not react with oxygen.
(iv) Grounding. If electric heaters are used to provide the primary
source of heat, the vaporizing system shall be electrically grounded.
(8) Equipment assembly and installation--(i) Cleaning. Equipment
making up a bulk oxygen system shall be cleaned in order to remove oil,
grease or other readily oxidizable materials before placing the system
in service.
(ii) Joints. Joints in piping and tubing may be made by welding or
by use of flanged, threaded, slip, or compression fittings. Gaskets or
thread sealants shall be suitable for oxygen service.
(iii) Accessories. Valves, gages, regulators, and other accessories
shall be suitable for oxygen service.
(iv) Installation. Installation of bulk oxygen systems shall be
supervised by
[[Page 251]]
personnel familiar with proper practices with reference to their
construction and use.
(v) Testing. After installation all field erected piping shall be
tested and proved gas tight at maximum operating pressure. Any medium
used for testing shall be oil free and nonflammable.
(vi) Security. Storage containers, piping, valves, regulating
equipment, and other accessories shall be protected against physical
damage and against tampering.
(vii) Venting. Any enclosure containing oxygen control or operating
equipment shall be adequately vented.
(viii) Placarding. The bulk oxygen storage location shall be
permanently placarded to indicate: ``OXYGEN--NO SMOKING--NO OPEN
FLAMES'', or an equivalent warning.
(ix) Electrical wiring. Bulk oxygen installations are not hazardous
locations as defined and covered in subpart S of this part. Therefore,
general purpose or weatherproof types of electrical wiring and equipment
are acceptable depending upon whether the installation is indoors or
outdoors. Such equipment shall be installed in accordance with the
applicable provisions of subpart S of this part.
(9) Operating instructions. For installations which require any
operation of equipment by the user, legible instructions shall be
maintained at operating locations.
(10) Maintenance. The equipment and functioning of each charged bulk
oxygen system shall be maintained in a safe operating condition in
accordance with the requirements of this section. Wood and long dry
grass shall be cut back within 15 feet of any bulk oxygen storage
container.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978;
61 FR 9237, Mar. 7, 1996]
Sec. 1910.105 Nitrous oxide.
The piped systems for the in-plant transfer and distribution of
nitrous oxide shall be designed, installed, maintained, and operated in
accordance with Compressed Gas Association Pamphlet G-8.1-1964, which is
incorporated by reference as specified in Sec. 1910.6.
[39 FR 23502, June 27, 1974, as amended at 61 FR 9237, Mar. 7, 1996]
Sec. 1910.106 Flammable liquids.
(a) Definitions. As used in this section:
(1) Aerosol shall mean a material which is dispensed from its
container as a mist, spray, or foam by a propellant under pressure.
(2) Atmospheric tank shall mean a storage tank which has been
designed to operate at pressures from atmospheric through 0.5 p.s.i.g.
(3) Automotive service station shall mean that portion of property
where flammable liquids used as motor fuels are stored and dispensed
from fixed equipment into the fuel tanks of motor vehicles and shall
include any facilities available for the sale and service of tires,
batteries, and accessories, and for minor automotive maintenance work.
Major automotive repairs, painting, body and fender work are excluded.
(4) Basement shall mean a story of a building or structure having
one-half or more of its height below ground level and to which access
for fire fighting purposes is unduly restricted.
(5) Boiling point shall mean the boiling point of a liquid at a
pressure of 14.7 pounds per square inch absolute (p.s.i.a.) (760 mm.).
Where an accurate boiling point is unavailable for the material in
question, or for mixtures which do not have a constant boiling point,
for purposes of this section the 10 percent point of a distillation
performed in accordance with the Standard Method of Test for
Distillation of Petroleum Products, ASTM D-86-62, which is incorporated
by reference as specified in Sec. 1910.6, may be used as the boiling
point of the liquid.
(6) Boilover shall mean the expulsion of crude oil (or certain other
liquids) from a burning tank. The light fractions of the crude oil
burnoff producing a heat wave in the residue, which on reaching a water
strata may result in the expulsion of a portion of the contents of the
tank in the form of froth.
(7) Bulk plant shall mean that portion of a property where flammable
liquids are received by tank vessel, pipelines, tank car, or tank
vehicle, and are
[[Page 252]]
stored or blended in bulk for the purpose of distributing such liquids
by tank vessel, pipeline, tank car, tank vehicle, or container.
(8) Chemical plant shall mean a large integrated plant or that
portion of such a plant other than a refinery or distillery where
flammable liquids are produced by chemical reactions or used in chemical
reactions.
(9) Closed container shall mean a container as herein defined, so
sealed by means of a lid or other device that neither liquid nor vapor
will escape from it at ordinary temperatures.
(10) Crude petroleum shall mean hydrocarbon mixtures that have a
flash point below 150 [deg]F. and which have not been processed in a
refinery.
(11) Distillery shall mean a plant or that portion of a plant where
flammable liquids produced by fermentation are concentrated, and where
the concentrated products may also be mixed, stored, or packaged.
(12) Fire area shall mean an area of a building separated from the
remainder of the building by construction having a fire resistance of at
least 1 hour and having all communicating openings properly protected by
an assembly having a fire resistance rating of at least 1 hour.
(13) Flammable aerosol shall mean a flammable aerosol as defined by
Appendix B to Sec. 1910.1200--Physical Hazard Criteria. For the
purposes of paragraph (d) of this section, such aerosols are considered
Category 1 flammable liquids.
(14) Flashpoint means the minimum temperature at which a liquid
gives off vapor within a test vessel in sufficient concentration to form
an ignitable mixture with air near the surface of the liquid, and shall
be determined as follows:
(i) For a liquid which has a viscosity of less than 45 SUS at 100
[deg]F (37.8 [deg]C), does not contain suspended solids, and does not
have a tendency to form a surface film while under test, the procedure
specified in the Standard Method of Test for Flashpoint by Tag Closed
Tester (ASTM D-56-70), which is incorporated by reference as specified
in Sec. 1910.6, or an equivalent test method as defined in Appendix B
to Sec. 1910.1200--Physical Hazard Criteria, shall be used.
(ii) For a liquid which has a viscosity of 45 SUS or more at 100
[deg]F (37.8 [deg]C), or contains suspended solids, or has a tendency to
form a surface film while under test, the Standard Method of Test for
Flashpoint by Pensky-Martens Closed Tester (ASTM D-93-71) or an
equivalent method as defined by Appendix B to Sec. 1910.1200--Physical
Hazard Criteria, shall be used except that the methods specified in Note
1 to section 1.1 of ASTM D-93-71 may be used for the respective
materials specified in the Note. The preceding ASTM standard is
incorporated by reference as specified in Sec. 1910.6.
(iii) For a liquid that is a mixture of compounds that have
different volatilities and flashpoints, its flashpoint shall be
determined by using the procedure specified in paragraph (a)(14)(i) or
(ii) of this section on the liquid in the form it is shipped.
(iv) Organic peroxides, which undergo autoaccelerating thermal
decomposition, are excluded from any of the flashpoint determination
methods specified in this subparagraph.
(15) Hotel shall mean buildings or groups of buildings under the
same management in which there are sleeping accommodations for hire,
primarily used by transients who are lodged with or without meals
including but not limited to inns, clubs, motels, and apartment hotels.
(16) Institutional occupancy shall mean the occupancy or use of a
building or structure or any portion thereof by persons harbored or
detained to receive medical, charitable or other care or treatment, or
by persons involuntarily detained.
(17) Liquid shall mean, for the purpose of this section, any
material which has a fluidity greater than that of 300 penetration
asphalt when tested in accordance with ASTM Test for Penetration for
Bituminous Materials, D-5-65, which is incorporated by reference as
specified in Sec. 1910.6.
(18) [Reserved]
(19) Flammable liquid means any liquid having a flashpoint at or
below 199.4 [deg]F (93 [deg]C). Flammable liquids are divided into four
categories as follows:
(i) Category 1 shall include liquids having flashpoints below 73.4
[deg]F (23 [deg]C)
[[Page 253]]
and having a boiling point at or below 95 [deg]F (35 [deg]C).
(ii) Category 2 shall include liquids having flashpoints below 73.4
[deg]F (23 [deg]C) and having a boiling point above 95 [deg]F (35
[deg]C).
(iii) Category 3 shall include liquids having flashpoints at or
above 73.4 [deg]F (23 [deg]C) and at or below 140 [deg]F (60 [deg]C).
When a Category 3 liquid with a flashpoint at or above 100 [deg]F (37.8
[deg]C) is heated for use to within 30 [deg]F (16.7 [deg]C) of its
flashpoint, it shall be handled in accordance with the requirements for
a Category 3 liquid with a flashpoint below 100 [deg]F (37.8 [deg]C).
(iv) Category 4 shall include liquids having flashpoints above 140
[deg]F (60 [deg]C) and at or below 199.4 [deg]F (93 [deg]C). When a
Category 4 flammable liquid is heated for use to within 30 [deg]F (16.7
[deg]C) of its flashpoint, it shall be handled in accordance with the
requirements for a Category 3 liquid with a flashpoint at or above 100
[deg]F (37.8 [deg]C).
(v) When liquid with a flashpoint greater than 199.4 [deg]F (93
[deg]C) is heated for use to within 30 [deg]F (16.7 [deg]C) of its
flashpoint, it shall be handled in accordance with the requirements for
a Category 4 flammable liquid.
(20) Unstable (reactive) liquid shall mean a liquid which in the
pure state or as commercially produced or transported will vigorously
polymerize, decompose, condense, or will become self-reactive under
conditions of shocks, pressure, or temperature.
(21) Low-pressure tank shall mean a storage tank which has been
designed to operate at pressures above 0.5 p.s.i.g. but not more than 15
p.s.i.g.
(22) Marine service station shall mean that portion of a property
where flammable liquids used as fuels are stored and dispensed from
fixed equipment on shore, piers, wharves, or floating docks into the
fuel tanks of self-propelled craft, and shall include all facilities
used in connection therewith.
(23) Mercantile occupancy shall mean the occupancy or use of a
building or structure or any portion thereof for the displaying,
selling, or buying of goods, wares, or merchandise.
(24) Office occupancy shall mean the occupancy or use of a building
or structure or any portion thereof for the transaction of business, or
the rendering or receiving of professional services.
(25) Portable tank shall mean a closed container having a liquid
capacity over 60 U.S. gallons and not intended for fixed installation.
(26) Pressure vessel shall mean a storage tank or vessel which has
been designed to operate at pressures above 15 p.s.i.g.
(27) Protection for exposure shall mean adequate fire protection for
structures on property adjacent to tanks, where there are employees of
the establishment.
(28) Refinery shall mean a plant in which flammable liquids are
produced on a commercial scale from crude petroleum, natural gasoline,
or other hydrocarbon sources.
(29) Safety can shall mean an approved container, of not more than 5
gallons capacity, having a spring-closing lid and spout cover and so
designed that it will safely relieve internal pressure when subjected to
fire exposure.
(30) Vapor pressure shall mean the pressure, measured in pounds per
square inch (absolute) exerted by a volatile liquid as determined by the
``Standard Method of Test for Vapor Pressure of Petroleum Products (Reid
Method),'' American Society for Testing and Materials ASTM D323-68,
which is incorporated by reference as specified in Sec. 1910.6.
(31) Ventilation as specified in this section is for the prevention
of fire and explosion. It is considered adequate if it is sufficient to
prevent accumulation of significant quantities of vapor-air mixtures in
concentration over one-fourth of the lower flammable limit.
(32) Storage: Flammable liquids shall be stored in a tank or in a
container that complies with paragraph (d)(2) of this section.
(33) Barrel shall mean a volume of 42 U.S. gallons.
(34) Container shall mean any can, barrel, or drum.
(35) Approved unless otherwise indicated, approved, or listed by a
nationally recognized testing laboratory. Refer to Sec. 1910.7 for
definition of nationally recognized testing laboratory.
(36) Listed see ``approved'' in Sec. 1910.106(a)(35).
[[Page 254]]
(37) SUS means Saybolt Universal Seconds as determined by the
Standard Method of Test for Saybolt Viscosity (ASTM D-88-56), and may be
determined by use of the SUS conversion tables specified in ASTM Method
D2161-66 following determination of viscosity in accordance with the
procedures specified in the Standard Method of Test for Viscosity of
Transparent and Opaque Liquids (ASTM D445-65).
(38) Viscous means a viscosity of 45 SUS or more.
(b) Tank storage--(1) Design and construction of tanks--(i)
Materials. (a) Tanks shall be built of steel except as provided in
paragraphs (b)(1)(i) (b) through (e) of this section.
(b) Tanks may be built of materials other than steel for
installation underground or if required by the properties of the liquid
stored. Tanks located above ground or inside buildings shall be of
noncombustible construction.
(c) Tanks built of materials other than steel shall be designed to
specifications embodying principles recognized as good engineering
design for the material used.
(d) Unlined concrete tanks may be used for storing flammable liquids
having a gravity of 40[deg] API or heavier. Concrete tanks with special
lining may be used for other services provided the design is in
accordance with sound engineering practice.
(e) [Reserved]
(f) Special engineering consideration shall be required if the
specific gravity of the liquid to be stored exceeds that of water or if
the tanks are designed to contain flammable liquids at a liquid
temperature below 0 [deg]F.
(ii) Fabrication. (a) [Reserved]
(b) Metal tanks shall be welded, riveted, and caulked, brazed, or
bolted, or constructed by use of a combination of these methods. Filler
metal used in brazing shall be nonferrous metal or an alloy having a
melting point above 1000 [deg]F. and below that of the metal joined.
(iii) Atmospheric tanks. (a) Atmospheric tanks shall be built in
accordance with acceptable good standards of design. Atmospheric tanks
may be built in accordance with the following consensus standards that
are incorporated by reference as specified in Sec. 1910.6:
(1) Underwriters' Laboratories, Inc., Subjects No. 142, Standard for
Steel Aboveground Tanks for Flammable and Combustible Liquids, 1968; No.
58, Standard for Steel Underground Tanks for Flammable and Combustible
Liquids, Fifth Edition, December 1961; or No. 80, Standard for Steel
Inside Tanks for Oil-Burner Fuel, September 1963.
(2) American Petroleum Institute Standards No. 650, Welded Steel
Tanks for Oil Storage, Third Edition, 1966.
(3) American Petroleum Institute Standards No. 12B, Specification
for Bolted Production Tanks, Eleventh Edition, May 1958, and Supplement
1, March 1962; No. 12D, Specification for Large Welded Production Tanks,
Seventh Edition, August 1957; or No. 12F, Specification for Small Welded
Production Tanks, Fifth Edition, March 1961. Tanks built in accordance
with these standards shall be used only as production tanks for storage
of crude petroleum in oil-producing areas.
(b) Tanks designed for underground service not exceeding 2,500
gallons capacity may be used aboveground.
(c) Low-pressure tanks and pressure vessels may be used as
atmospheric tanks.
(d) Atmospheric tanks shall not be used for the storage of a
flammable liquid at a temperature at or above its boiling point.
(iv) Low pressure tanks. (a) The normal operating pressure of the
tank shall not exceed the design pressure of the tank.
(b) Low-pressure tanks shall be built in accordance with acceptable
standards of design. Low-pressure tanks may be built in accordance with
the following consensus standards that are incorporated by reference as
specified in Sec. 1910.6:
(1) American Petroleum Institute Standard No. 620. Recommended Rules
for the Design and Construction of Large, Welded, Low-Pressure Storage
Tanks, Third Edition, 1966.
(2) The principles of the Code for Unfired Pressure Vessels, Section
VIII of the ASME Boiler and Pressure Vessels Code, 1968.
(c) Atmospheric tanks built according to Underwriters' Laboratories,
Inc., requirements in subdivision (iii)(a) of
[[Page 255]]
and shall be limited to 2.5 p.s.i.g. under emergency venting conditions.
This paragraph may be used for operating pressures not exceeding 1
p.s.i.g.
(d) Pressure vessels may be used as low-pressure tanks.
(v) Pressure vessels. (a) The normal operating pressure of the
vessel shall not exceed the design pressure of the vessel.
(b) Pressure vessels shall be built in accordance with the Code for
Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure
Vessel Code 1968.
(vi) Provisions for internal corrosion. When tanks are not designed
in accordance with the American Petroleum Institute, American Society of
Mechanical Engineers, or the Underwriters' Laboratories, Inc.'s,
standards, or if corrosion is anticipated beyond that provided for in
the design formulas used, additional metal thickness or suitable
protective coatings or linings shall be provided to compensate for the
corrosion loss expected during the design life of the tank.
(2) Installation of outside aboveground tanks.
(i) [Reserved]
(ii) Spacing (shell-to-shell) between aboveground tanks. (a) The
distance between any two flammable liquid storage tanks shall not be
less than 3 feet.
(b) Except as provided in paragraph (b)(2)(ii)(c) of this section,
the distance between any two adjacent tanks shall not be less than one-
sixth the sum of their diameters. When the diameter of one tank is less
than one-half the diameter of the adjacent tank, the distance between
the two tanks shall not be less than one-half the diameter of the
smaller tank.
(c) Where crude petroleum in conjunction with production facilities
are located in noncongested areas and have capacities not exceeding
126,000 gallons (3,000 barrels), the distance between such tanks shall
not be less than 3 feet.
(d) Where unstable flammable liquids are stored, the distance
between such tanks shall not be less than one-half the sum of their
diameters.
(e) When tanks are compacted in three or more rows or in an
irregular pattern, greater spacing or other means shall be provided so
that inside tanks are accessible for firefighting purposes.
(f) The minimum separation between a liquefied petroleum gas
container and a flammable liquid storage tank shall be 20 feet, except
in the case of flammable liquid tanks operating at pressures exceeding
2.5 p.s.i.g. or equipped with emergency venting which will permit
pressures to exceed 2.5 p.s.i.g. in which case the provisions of
subdivisions (a) and (b) of this subdivision shall apply. Suitable means
shall be taken to prevent the accumulation of flammable liquids under
adjacent liquefied petroleum gas containers such as by diversion curbs
or grading. When flammable liquid storage tanks are within a diked area,
the liquefied petroleum gas containers shall be outside the diked area
and at least 10 feet away from the centerline of the wall of the diked
area. The foregoing provisions shall not apply when liquefied petroleum
gas containers of 125 gallons or less capacity are installed adjacent to
fuel oil supply tanks of 550 gallons or less capacity.
(iii) [Reserved]
(iv) Normal venting for aboveground tanks. (a) Atmospheric storage
tanks shall be adequately vented to prevent the development of vacuum or
pressure sufficient to distort the roof of a cone roof tank or exceeding
the design pressure in the case of other atmospheric tanks, as a result
of filling or emptying, and atmospheric temperature changes.
(b) Normal vents shall be sized either in accordance with: (1) The
American Petroleum Institute Standard 2000 (1968), Venting Atmospheric
and Low-Pressure Storage Tanks, which is incorporated by reference as
specified in Sec. 1910.6; or (2) other accepted standard; or (3) shall
be at least as large as the filling or withdrawal connection, whichever
is larger but in no case less than 1\1/4\ inch nominal inside diameter.
(c) Low-pressure tanks and pressure vessels shall be adequately
vented to prevent development of pressure or vacuum, as a result of
filling or emptying and atmospheric temperature changes, from exceeding
the design pressure of the tank or vessel. Protection shall also be
provided to prevent overpressure from any pump
[[Page 256]]
discharging into the tank or vessel when the pump discharge pressure can
exceed the design pressure of the tank or vessel.
(d) If any tank or pressure vessel has more than one fill or
withdrawal connection and simultaneous filling or withdrawal can be
made, the vent size shall be based on the maximum anticipated
simultaneous flow.
(e) Unless the vent is designed to limit the internal pressure 2.5
p.s.i. or less, the outlet of vents and vent drains shall be arranged to
discharge in such a manner as to prevent localized overheating of any
part of the tank in the event vapors from such vents are ignited.
(f)(1) Tanks and pressure vessels storing Category 1 flammable
liquids shall be equipped with venting devices which shall be normally
closed except when venting to pressure or vacuum conditions. Tanks and
pressure vessels storing Category 2 flammable liquids and Category 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C) shall
be equipped with venting devices which shall be normally closed except
when venting under pressure or vacuum conditions, or with approved flame
arresters.
(2) Exemption: Tanks of 3,000 bbls (barrels). capacity or less
containing crude petroleum in crude-producing areas and outside
aboveground atmospheric tanks under 1,000 gallons capacity containing
other than Category 1 flammable liquids may have open vents. (See
paragraph (b)(2)(vi)(b) of this section.)
(g) Flame arresters or venting devices required in paragraph
(b)(2)(iv)(f) of this section may be omitted for Category 2 flammable
liquids and Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C) where conditions are such that their use may, in
case of obstruction, result in tank damage.
(v) Emergency relief venting for fire exposure for aboveground
tanks. (a) Every aboveground storage tank shall have some form of
construction or device that will relieve excessive internal pressure
caused by exposure fires.
(b) In a vertical tank the construction referred to in subdivision
(a) of this subdivision may take the form of a floating roof, lifter
roof, a weak roof-to-shell seam, or other approved pressure relieving
construction. The weak roof-to-shell seam shall be constructed to fail
preferential to any other seam.
(c) Where entire dependence for emergency relief is placed upon
pressure relieving devices, the total venting capacity of both normal
and emergency vents shall be enough to prevent rupture of the shell or
bottom of the tank if vertical, or of the shell or heads if horizontal.
If unstable liquids are stored, the effects of heat or gas resulting
from polymerization, decomposition, condensation, or self-reactivity
shall be taken into account. The total capacity of both normal and
emergency venting devices shall be not less than that derived from Table
H-10 except as provided in subdivision (e) or (f) of this subdivision.
Such device may be a self-closing manhole cover, or one using long bolts
that permit the cover to lift under internal pressure, or an additional
or larger relief valve or valves. The wetted area of the tank shall be
calculated on the basis of 55 percent of the total exposed area of a
sphere or spheroid, 75 percent of the total exposed area of a horizontal
tank and the first 30 feet above grade of the exposed shell area of a
vertical tank.
Table H-10--Wetted Area Versus Cubic Feet Free Air Per Hour
[14.7 psia and 60 [deg]F.]
------------------------------------------------------------------------
Square Square
Square feet CFH feet CFH feet CFH
------------------------------------------------------------------------
20 21,100 200 211,000 1,000 524,000
30 31,600 250 239,000 1,200 557,000
40 42,100 300 265,000 1,400 587,000
50 52,700 350 288,000 1,600 614,000
60 63,200 400 312,000 1,800 639,000
70 73,700 500 354,000 2,000 662,000
80 84,200 600 392,000 2,400 704,000
90 94,800 700 428,000 2,800 742,000
100 105,000 800 462,000 and
120 126,000 900 493,000 over
[[Page 257]]
140 147,000 1,000 524,000
160 168,000
180 190,000
200 211,000
------------------------------------------------------------------------
(d) For tanks and storage vessels designed for pressure over 1
p.s.i.g., the total rate of venting shall be determined in accordance
with Table H-10, except that when the exposed wetted area of the surface
is greater than 2,800 square feet, the total rate of venting shall be
calculated by the following formula:
CFH = 1,107A \0.82\
Where;
CFH = Venting requirement, in cubic feet of free air per hour.
A = Exposed wetted surface, in square feet.
Note: The foregoing formula is based on Q = 21,000A\0.82\.
(e) The total emergency relief venting capacity for any specific
stable liquid may be determined by the following formula:
V = 1337 / L[radic]M
V = Cubic feet of free air per hour from Table H-10.
L = Latent heat of vaporization of specific liquid in B.t.u. per pound.
M = Molecular weight of specific liquids.
(f) The required airflow rate of subdivision (c) or (e) of this
subdivision may be multiplied by the appropriate factor listed in the
following schedule when protection is provided as indicated. Only one
factor may be used for any one tank.
0.5 for drainage in accordance with subdivision (vii)(b) of this
subparagraph for tanks over 200 square feet of wetted area.
0.3 for approved water spray.
0.3 for approved insulation.
0.15 for approved water spray with approved insulation.
(g) The outlet of all vents and vent drains on tanks equipped with
emergency venting to permit pressures exceeding 2.5 p.s.i.g. shall be
arranged to discharge in such a way as to prevent localized overheating
of any part of the tank, in the event vapors from such vents are
ignited.
(h) Each commercial tank venting device shall have stamped on it the
opening pressure, the pressure at which the valve reaches the full open
position, and the flow capacity at the latter pressure, expressed in
cubic feet per hour of air at 60 [deg]F. and at a pressure of 14.7
p.s.i.a.
(i) The flow capacity of tank venting devices 12 inches and smaller
in nominal pipe size shall be determined by actual test of each type and
size of vent. These flow tests may be conducted by the manufacturer if
certified by a qualified impartial observer, or may be conducted by an
outside agency. The flow capacity of tank venting devices larger than 12
inches nominal pipe size, including manhole covers with long bolts or
equivalent, may be calculated provided that the opening pressure is
actually measured, the rating pressure and corresponding free orifice
area are stated, the word ``calculated'' appears on the nameplate, and
the computation is based on a flow coefficient of 0.5 applied to the
rated orifice area.
(vi) Vent piping for aboveground tanks. (a) Vent piping shall be
constructed in accordance with paragraph (c) of this section.
(b) Where vent pipe outlets for tanks storing Category 1 or 2
flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C), are adjacent to buildings or public
ways, they shall be located so that the vapors are released at a safe
point outside of buildings and not less than 12 feet above the adjacent
ground level. In order to aid their dispersion, vapors shall be
discharged upward or horizontally away from closely adjacent walls. Vent
outlets shall be located so that flammable vapors will not be trapped by
eaves or other obstructions
[[Page 258]]
and shall be at least five feet from building openings.
(c) When tank vent piping is manifolded, pipe sizes shall be such as
to discharge, within the pressure limitations of the system, the vapors
they may be required to handle when manifolded tanks are subject to the
same fire exposure.
(vii) Drainage, dikes, and walls for aboveground tanks--(a) Drainage
and diked areas. The area surrounding a tank or a group of tanks shall
be provided with drainage as in subdivision (b) of this subdivision, or
shall be diked as provided in subdivision (c) of this subdivision, to
prevent accidental discharge of liquid from endangering adjoining
property or reaching waterways.
(b) Drainage. Where protection of adjoining property or waterways is
by means of a natural or manmade drainage system, such systems shall
comply with the following:
(1) [Reserved]
(2) The drainage system shall terminate in vacant land or other area
or in an impounding basin having a capacity not smaller than that of the
largest tank served. This termination area and the route of the drainage
system shall be so located that, if the flammable liquids in the
drainage system are ignited, the fire will not seriously expose tanks or
adjoining property.
(c) Diked areas. Where protection of adjoining property or waterways
is accomplished by retaining the liquid around the tank by means of a
dike, the volume of the diked area shall comply with the following
requirements:
(1) Except as provided in subdivision (2) of this subdivision, the
volumetric capacity of the diked area shall not be less than the
greatest amount of liquid that can be released from the largest tank
within the diked area, assuming a full tank. The capacity of the diked
area enclosing more than one tank shall be calculated by deducting the
volume of the tanks other than the largest tank below the height of the
dike.
(2) For a tank or group of tanks with fixed roofs containing crude
petroleum with boilover characteristics, the volumetric capacity of the
diked area shall be not less than the capacity of the largest tank
served by the enclosure, assuming a full tank. The capacity of the diked
enclosure shall be calculated by deducting the volume below the height
of the dike of all tanks within the enclosure.
(3) Walls of the diked area shall be of earth, steel, concrete or
solid masonry designed to be liquidtight and to withstand a full
hydrostatic head. Earthen walls 3 feet or more in height shall have a
flat section at the top not less than 2 feet wide. The slope of an
earthen wall shall be consistent with the angle of repose of the
material of which the wall is constructed.
(4) The walls of the diked area shall be restricted to an average
height of 6 feet above interior grade.
(5) [Reserved]
(6) No loose combustible material, empty or full drum or barrel,
shall be permitted within the diked area.
(viii) Tank openings other than vents for aboveground tanks.
(a)-(c) [Reserved]
(d) Openings for gaging shall be provided with a vaportight cap or
cover.
(e) For Category 2 flammable liquids and Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than
crude oils, gasolines, and asphalts, the fill pipe shall be so designed
and installed as to minimize the possibility of generating static
electricity. A fill pipe entering the top of a tank shall terminate
within 6 inches of the bottom of the tank and shall be installed to
avoid excessive vibration.
(f) Filling and emptying connections which are made and broken shall
be located outside of buildings at a location free from any source of
ignition and not less than 5 feet away from any building opening. Such
connection shall be closed and liquidtight when not in use. The
connection shall be properly identified.
(3) Installation of underground tanks-- (i) Location. Excavation for
underground storage tanks shall be made with due care to avoid
undermining of foundations of existing structures. Underground tanks or
tanks under buildings shall be so located with respect to existing
building foundations and supports that the loads carried by the latter
cannot be transmitted to the tank.
[[Page 259]]
The distance from any part of a tank storing Category 1 or 2 flammable
liquids, or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C), to the nearest wall of any basement or pit shall
be not less than 1 foot, and to any property line that may be built
upon, not less than 3 feet. The distance from any part of a tank storing
Category 3 flammable liquids with a flashpoint at or above 100 [deg]F
(37.8 [deg]C) or Category 4 flammable liquids to the nearest wall of any
basement, pit or property line shall be not less than 1 foot.
(ii) Depth and cover. Underground tanks shall be set on firm
foundations and surrounded with at least 6 inches of noncorrosive, inert
materials such as clean sand, earth, or gravel well tamped in place. The
tank shall be placed in the hole with care since dropping or rolling the
tank into the hole can break a weld, puncture or damage the tank, or
scrape off the protective coating of coated tanks. Tanks shall be
covered with a minimum of 2 feet of earth, or shall be covered with not
less than 1 foot of earth, on top of which shall be placed a slab of
reinforced concrete not less than 4 inches thick. When underground tanks
are, or are likely to be, subject to traffic, they shall be protected
against damage from vehicles passing over them by at least 3 feet of
earth cover, or 18 inches of well-tamped earth, plus 6 inches of
reinforced concrete or 8 inches of asphaltic concrete. When asphaltic or
reinforced concrete paving is used as part of the protection, it shall
extend at least 1 foot horizontally beyond the outline of the tank in
all directions.
(iii) Corrosion protection. Corrosion protection for the tank and
its piping shall be provided by one or more of the following methods:
(a) Use of protective coatings or wrappings;
(b) Cathodic protection; or,
(c) Corrosion resistant materials of construction.
(iv) Vents. (a) Location and arrangement of vents for Category 1 or
2 flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C). Vent pipes from tanks storing Category 1
or 2 flammable liquids, or Category 3 flammable liquids with a
flashpoint below 100 [deg]F (37.8 [deg]C), shall be so located that the
discharge point is outside of buildings, higher than the fill pipe
opening, and not less than 12 feet above the adjacent ground level. Vent
pipes shall discharge only upward in order to disperse vapors. Vent
pipes 2 inches or less in nominal inside diameter shall not be
obstructed by devices that will cause excessive back pressure. Vent pipe
outlets shall be so located that flammable vapors will not enter
building openings, or be trapped under eaves or other obstructions. If
the vent pipe is less than 10 feet in length, or greater than 2 inches
in nominal inside diameter, the outlet shall be provided with a vacuum
and pressure relief device or there shall be an approved flame arrester
located in the vent line at the outlet or within the approved distance
from the outlet.
(b) Size of vents. Each tank shall be vented through piping adequate
in size to prevent blow-back of vapor or liquid at the fill opening
while the tank is being filled. Vent pipes shall be not less than 1\1/4\
inch nominal inside diameter.
Table H-11--Vent Line Diameters
------------------------------------------------------------------------
Pipe length \1\
Maximum flow GPM -----------------------------
50 feet 100 feet 200 feet
------------------------------------------------------------------------
Inches Inches Inches
100....................................... 1\1/4\ 1\1/4\ 1\1/4\
200....................................... 1\1/4\ 1\1/4\ 1\1/4\
300....................................... 1\1/4\ 1\1/4\ 1\1/2\
400....................................... 1\1/4\ 1\1/2\ 2
500....................................... 1\1/2\ 1\1/2\ 2
600....................................... 1\1/2\ 2 2
700....................................... 2 2 2
800....................................... 2 2 3
900....................................... 2 2 3
1,000..................................... 2 2 3
------------------------------------------------------------------------
\1\ Vent lines of 50 ft., 100 ft., and 200 ft. of pipe plus 7 ells.
(c) Location and arrangement of vents for Category 3 flammable
liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C) or
Category 4 flammable liquids. Vent pipes from tanks storing Category 3
flammable liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C)
or Category 4 flammable liquids shall terminate outside of the building
and higher than the fill pipe opening. Vent outlets shall be above
normal snow level. They may be fitted with return bends, coarse screens
or other devices to minimize ingress of foreign material.
[[Page 260]]
(d) Vent piping shall be constructed in accordance with paragraph
(c) of this section. Vent pipes shall be so laid as to drain toward the
tank without sags or traps in which liquid can collect. They shall be
located so that they will not be subjected to physical damage. The tank
end of the vent pipe shall enter the tank through the top.
(e) When tank vent piping is manifolded, pipe sizes shall be such as
to discharge, within the pressure limitations of the system, the vapors
they may be required to handle when manifolded tanks are filled
simultaneously.
(v) Tank openings other than vents. (a) Connections for all tank
openings shall be vapor or liquid tight.
(b) Openings for manual gaging, if independent of the fill pipe,
shall be provided with a liquid-tight cap or cover. If inside a
building, each such opening shall be protected against liquid overflow
and possible vapor release by means of a spring loaded check valve or
other approved device.
(c) Fill and discharge lines shall enter tanks only through the top.
Fill lines shall be sloped toward the tank.
(d) For Category 2 flammable liquids and Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than
crude oils, gasolines, and asphalts, the fill pipe shall be so designed
and installed as to minimize the possibility of generating static
electricity by terminating within 6 inches of the bottom of the tank.
(e) Filling and emptying connections which are made and broken shall
be located outside of buildings at a location free from any source of
ignition and not less than 5 feet away from any building opening. Such
connection shall be closed and liquidtight when not in use. The
connection shall be properly identified.
(4) Installation of tanks inside of buildings--(i) Location. Tanks
shall not be permitted inside of buildings except as provided in
paragraphs (e), (g), (h), or (i) of this section.
(ii) Vents. Vents for tanks inside of buildings shall be as provided
in subparagraphs (2) (iv), (v), (vi)(b), and (3)(iv) of this paragraph,
except that emergency venting by the use of weak roof seams on tanks
shall not be permitted. Vents shall discharge vapors outside the
buildings.
(iii) Vent piping. Vent piping shall be constructed in accordance
with paragraph (c) of this section.
(iv) Tank openings other than vents. (a) Connections for all tank
openings shall be vapor or liquidtight. Vents are covered in subdivision
(ii) of this subparagraph.
(b) Each connection to a tank inside of buildings through which
liquid can normally flow shall be provided with an internal or an
external valve located as close as practical to the shell of the tank.
Such valves, when external, and their connections to the tank shall be
of steel except when the chemical characteristics of the liquid stored
are incompatible with steel. When materials other than steel are
necessary, they shall be suitable for the pressures, structural
stresses, and temperatures involved, including fire exposures.
(c) Flammable liquid tanks located inside of buildings, except in
one-story buildings designed and protected for flammable liquid storage,
shall be provided with an automatic-closing heat-actuated valve on each
withdrawal connection below the liquid level, except for connections
used for emergency disposal, to prevent continued flow in the event of
fire in the vicinity of the tank. This function may be incorporated in
the valve required in (b) of this subdivision, and if a separate valve,
shall be located adjacent to the valve required in (b) of this
subdivision.
(d) Openings for manual gaging, if independent of the fill pipe (see
(f) of this subdivision), shall be provided with a vaportight cap or
cover. Each such opening shall be protected against liquid overflow and
possible vapor release by means of a spring loaded check valve or other
approved device.
(e) For Category 2 flammable liquids and Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than
crude oils, gasoline, and asphalts, the fill pipe shall be so designed
and installed as to minimize the possibility of generating static
electricity by terminating within 6 inches of the bottom of the tank.
(f) The fill pipe inside of the tank shall be installed to avoid
excessive vibration of the pipe.
[[Page 261]]
(g) The inlet of the fill pipe shall be located outside of buildings
at a location free from any source of ignition and not less than 5 feet
away from any building opening. The inlet of the fill pipe shall be
closed and liquidtight when not in use. The fill connection shall be
properly identified.
(h) Tanks inside buildings shall be equipped with a device, or other
means shall be provided, to prevent overflow into the building.
(5) Supports, foundations, and anchorage for all tank locations--(i)
General. Tank supports shall be installed on firm foundations. Tank
supports shall be of concrete, masonry, or protected steel. Single wood
timber supports (not cribbing) laid horizontally may be used for outside
aboveground tanks if not more than 12 inches high at their lowest point.
(ii) Fire resistance. Steel supports or exposed piling shall be
protected by materials having a fire resistance rating of not less than
2 hours, except that steel saddles need not be protected if less than 12
inches high at their lowest point. Water spray protection or its
equivalent may be used in lieu of fire-resistive materials to protect
supports.
(iii) Spheres. The design of the supporting structure for tanks such
as spheres shall receive special engineering consideration.
(iv) Load distribution. Every tank shall be so supported as to
prevent the excessive concentration of loads on the supporting portion
of the shell.
(v) Foundations. Tanks shall rest on the ground or on foundations
made of concrete, masonry, piling, or steel. Tank foundations shall be
designed to minimize the possibility of uneven settling of the tank and
to minimize corrosion in any part of the tank resting on the foundation.
(vi) Flood areas. Where a tank is located in an area that may be
subjected to flooding, the applicable precautions outlined in this
subdivision shall be observed.
(a) No aboveground vertical storage tank containing a flammable
liquid shall be located so that the allowable liquid level within the
tank is below the established maximum flood stage, unless the tank is
provided with a guiding structure such as described in (m), (n), and (o)
of this subdivision.
(b) Independent water supply facilities shall be provided at
locations where there is no ample and dependable public water supply
available for loading partially empty tanks with water.
(c) In addition to the preceding requirements, each tank so located
that more than 70 percent, but less than 100 percent, of its allowable
liquid storage capacity will be submerged at the established maximum
flood stage, shall be safeguarded by one of the following methods: Tank
shall be raised, or its height shall be increased, until its top extends
above the maximum flood stage a distance equivalent to 30 percent or
more of its allowable liquid storage capacity: Provided, however, That
the submerged part of the tank shall not exceed two and one-half times
the diameter. Or, as an alternative to the foregoing, adequate
noncombustible structural guides, designed to permit the tank to float
vertically without loss of product, shall be provided.
(d) Each horizontal tank so located that more than 70 percent of its
storage capacity will be submerged at the established flood stage, shall
be anchored, attached to a foundation of concrete or of steel and
concrete, of sufficient weight to provide adequate load for the tank
when filled with flammable liquid and submerged by flood waters to the
established flood stage, or adequately secured by other means.
(e) [Reserved]
(f) At locations where there is no ample and dependable water
supply, or where filling of underground tanks with liquids is
impracticable because of the character of their contents, their use, or
for other reasons, each tank shall be safeguarded against movement when
empty and submerged by high ground water or flood waters by anchoring,
weighting with concrete or other approved solid loading material, or
securing by other means. Each such tank shall be so constructed and
installed that it will safely resist external pressures due to high
ground water or flood waters.
(g) At locations where there is an ample and dependable water supply
available, underground tanks containing flammable liquids, so installed
[[Page 262]]
that more than 70 percent of their storage capacity will be submerged at
the maximum flood stage, shall be so anchored, weighted, or secured by
other means, as to prevent movement of such tanks when filled with
flammable liquids, and submerged by flood waters to the established
flood stage.
(h) Pipe connections below the allowable liquid level in a tank
shall be provided with valves or cocks located as closely as practicable
to the tank shell. Such valves and their connections to tanks shall be
of steel or other material suitable for use with the liquid being
stored. Cast iron shall not be permitted.
(i) At locations where an independent water supply is required, it
shall be entirely independent of public power and water supply.
Independent source of water shall be available when flood waters reach a
level not less than 10 feet below the bottom of the lowest tank on a
property.
(j) The self-contained power and pumping unit shall be so located or
so designed that pumping into tanks may be carried on continuously
throughout the rise in flood waters from a level 10 feet below the
lowest tank to the level of the potential flood stage.
(k) Capacity of the pumping unit shall be such that the rate of rise
of water in all tanks shall be equivalent to the established potential
average rate of rise of flood waters at any stage.
(l) Each independent pumping unit shall be tested periodically to
insure that it is in satisfactory operating condition.
(m) Structural guides for holding floating tanks above their
foundations shall be so designed that there will be no resistance to the
free rise of a tank, and shall be constructed of noncombustible
material.
(n) The strength of the structure shall be adequate to resist
lateral movement of a tank subject to a horizontal force in any
direction equivalent to not less than 25 pounds per square foot acting
on the projected vertical cross-sectional area of the tank.
(o) Where tanks are situated on exposed points or bends in a
shoreline where swift currents in flood waters will be present, the
structures shall be designed to withstand a unit force of not less than
50 pounds per square foot.
(p) The filling of a tank to be protected by water loading shall be
started as soon as flood waters reach a dangerous flood stage. The rate
of filling shall be at least equal to the rate of rise of the
floodwaters (or the established average potential rate of rise).
(q) Sufficient fuel to operate the water pumps shall be available at
all times to insure adequate power to fill all tankage with water.
(r) All valves on connecting pipelines shall be closed and locked in
closed position when water loading has been completed.
(s) Where structural guides are provided for the protection of
floating tanks, all rigid connections between tanks and pipelines shall
be disconnected and blanked off or blinded before the floodwaters reach
the bottom of the tank, unless control valves and their connections to
the tank are of a type designed to prevent breakage between the valve
and the tank shell.
(t) All valves attached to tanks other than those used in connection
with water loading operations shall be closed and locked.
(u) If a tank is equipped with a swing line, the swing pipe shall be
raised to and secured at its highest position.
(v) Inspections. The Assistant Secretary or his designated
representative shall make periodic inspections of all plants where the
storage of flammable liquids is such as to require compliance with the
foregoing requirements, in order to assure the following:
(1) That all flammable liquid storage tanks are in compliance with
these requirements and so maintained.
(2) That detailed printed instructions of what to do in flood
emergencies are properly posted.
(3) That station operators and other employees depended upon to
carry out such instructions are thoroughly informed as to the location
and operation of such valves and other equipment necessary to effect
these requirements.
(vii) Earthquake areas. In areas subject to earthquakes, the tank
supports and connections shall be designed to resist damage as a result
of such shocks.
[[Page 263]]
(6) Sources of ignition. In locations where flammable vapors may be
present, precautions shall be taken to prevent ignition by eliminating
or controlling sources of ignition. Sources of ignition may include open
flames, lightning, smoking, cutting and welding, hot surfaces,
frictional heat, sparks (static, electrical, and mechanical),
spontaneous ignition, chemical and physical-chemical reactions, and
radiant heat.
(7) Testing--(i) General. All tanks, whether shop built or field
erected, shall be strength tested before they are placed in service in
accordance with the applicable paragraphs of the code under which they
were built. The American Society of Mechanical Engineers (ASME) code
stamp, American Petroleum Institute (API) monogram, or the label of the
Underwriters' Laboratories, Inc., on a tank shall be evidence of
compliance with this strength test. Tanks not marked in accordance with
the above codes shall be strength tested before they are placed in
service in accordance with good engineering principles and reference
shall be made to the sections on testing in the codes listed in
subparagraphs (1) (iii)(a), (iv)(b), or (v)(b) of this paragraph.
(ii) Strength. When the vertical length of the fill and vent pipes
is such that when filled with liquid the static head imposed upon the
bottom of the tank exceeds 10 pounds per square inch, the tank and
related piping shall be tested hydrostatically to a pressure equal to
the static head thus imposed.
(iii) Tightness. In addition to the strength test called for in
subdivisions (i) and (ii) of this subparagraph, all tanks and
connections shall be tested for tightness. Except for underground tanks,
this tightness test shall be made at operating pressure with air, inert
gas, or water prior to placing the tank in service. In the case of
field-erected tanks the strength test may be considered to be the test
for tank tightness. Underground tanks and piping, before being covered,
enclosed, or placed in use, shall be tested for tightness
hydrostatically, or with air pressure at not less than 3 pounds per
square inch and not more than 5 pounds per square inch.
(iv) Repairs. All leaks or deformations shall be corrected in an
acceptable manner before the tank is placed in service. Mechanical
caulking is not permitted for correcting leaks in welded tanks except
pinhole leaks in the roof.
(v) Derated operations. Tanks to be operated at pressures below
their design pressure may be tested by the applicable provisions of
subdivision (i) or (ii) of this subparagraph, based upon the pressure
developed under full emergency venting of the tank.
(c) Piping, valves, and fittings--(1) General--(i) Design. The
design (including selection of materials) fabrication, assembly, test,
and inspection of piping systems containing flammable liquids shall be
suitable for the expected working pressures and structural stresses.
Conformity with the applicable provisions of Pressure Piping, ANSI B31
series and the provisions of this paragraph, shall be considered prima
facie evidence of compliance with the foregoing provisions.
(ii) Exceptions. This paragraph does not apply to any of the
following:
(a) Tubing or casing on any oil or gas wells and any piping
connected directly thereto.
(b) Motor vehicle, aircraft, boat, or portable or stationary
engines.
(c) Piping within the scope of any applicable boiler and pressures
vessel code.
(iii) Definitions. As used in this paragraph, piping systems consist
of pipe, tubing, flanges, bolting, gaskets, valves, fittings, the
pressure containing parts of other components such as expansion joints
and strainers, and devices which serve such purposes as mixing,
separating, snubbing, distributing, metering, or controlling flow.
(2) Materials for piping, valves, and fittings--(i) Required
materials. Materials for piping, valves, or fittings shall be steel,
nodular iron, or malleable iron, except as provided in paragraph (c)(2)
(ii), (iii) and (iv) of this section.
(ii) Exceptions. Materials other than steel, nodular iron, or
malleable iron may be used underground, or if required by the properties
of the flammable liquid handled. Material other than steel, nodular
iron, or malleable iron shall be designed to specifications
[[Page 264]]
embodying principles recognized as good engineering practices for the
material used.
(iii) Linings. Piping, valves, and fittings may have combustible or
noncombustible linings.
(iv) Low-melting materials. When low-melting point materials such as
aluminum and brass or materials that soften on fire exposure such as
plastics, or non-ductile materials such as cast iron, are necessary,
special consideration shall be given to their behavior on fire exposure.
If such materials are used in above ground piping systems or inside
buildings, they shall be suitably protected against fire exposure or so
located that any spill resulting from the failure of these materials
could not unduly expose persons, important buildings or structures or
can be readily controlled by remote valves.
(3) Pipe joints. Joints shall be made liquid tight. Welded or
screwed joints or approved connectors shall be used. Threaded joints and
connections shall be made up tight with a suitable lubricant or piping
compound. Pipe joints dependent upon the friction characteristics of
combustible materials for mechanical continuity of piping shall not be
used inside buildings. They may be used outside of buildings above or
below ground. If used above ground, the piping shall either be secured
to prevent disengagement at the fitting or the piping system shall be so
designed that any spill resulting from such disengagement could not
unduly expose persons, important buildings or structures, and could be
readily controlled by remote valves.
(4) Supports. Piping systems shall be substantially supported and
protected against physical damage and excessive stresses arising from
settlement, vibration, expansion, or contraction.
(5) Protection against corrosion. All piping for flammable liquids,
both aboveground and underground, where subject to external corrosion,
shall be painted or otherwise protected.
(6) Valves. Piping systems shall contain a sufficient number of
valves to operate the system properly and to protect the plant. Piping
systems in connection with pumps shall contain a sufficient number of
valves to control properly the flow of liquid in normal operation and in
the event of physical damage. Each connection to pipelines, by which
equipments such as tankcars or tank vehicles discharge liquids by means
of pumps into storage tanks, shall be provided with a check valve for
automatic protection against backflow if the piping arrangement is such
that backflow from the system is possible.
(7) Testing. All piping before being covered, enclosed, or placed in
use shall be hydrostatically tested to 150 percent of the maximum
anticipated pressure of the system, or pneumatically tested to 110
percent of the maximum anticipated pressure of the system, but not less
than 5 pounds per square inch gage at the highest point of the system.
This test shall be maintained for a sufficient time to complete visual
inspection of all joints and connections, but for at least 10 minutes.
(d) Container and portable tank storage--(1) Scope--(i) General.
This paragraph shall apply only to the storage of flammable liquids in
drums or other containers (including flammable aerosols) not exceeding
60 gallons individual capacity and those portable tanks not exceeding
660 gallons individual capacity.
(ii) Exceptions. This paragraph shall not apply to the following:
(a) Storage of containers in bulk plants, service stations,
refineries, chemical plants, and distilleries;
(b) Category 1, 2, or 3 flammable liquids in the fuel tanks of a
motor vehicle, aircraft, boat, or portable or stationary engine;
(c) Flammable paints, oils, varnishes, and similar mixtures used for
painting or maintenance when not kept for a period in excess of 30 days;
(d) Beverages when packaged in individual containers not exceeding 1
gallon in size.
(2) Design, construction, and capacity of containers--(i) General.
Only approved containers and portable tanks shall be used. Metal
containers and portable tanks meeting the requirements of and containing
products authorized by chapter I, title 49 of the Code of Federal
Regulations (regulations issued by the Hazardous Materials Regulations
Board, Department of Transportation), shall be deemed to be acceptable.
[[Page 265]]
(ii) Emergency venting. Each portable tank shall be provided with
one or more devices installed in the top with sufficient emergency
venting capacity to limit internal pressure under fire exposure
conditions to 10 p.s.i.g., or 30 percent of the bursting pressure of the
tank, whichever is greater. The total venting capacity shall be not less
than that specified in paragraphs (b)(2)(v) (c) or (e) of this section.
At least one pressure-activated vent having a minimum capacity of 6,000
cubic feet of free air (14.7 p.s.i.a. and 60 [deg]F.) shall be used. It
shall be set to open at not less than 5 p.s.i.g. If fusible vents are
used, they shall be actuated by elements that operate at a temperature
not exceeding 300 [deg]F.
(iii) Size. Flammable and combustible liquid containers shall be in
accordance with Table H-12, except that glass or plastic containers of
no more than 1-gallon capacity may be used for a Category 1 or 2
flammable liquid if:
(a)(1) Such liquid either would be rendered unfit for its intended
use by contact with metal or would excessively corrode a metal container
so as to create a leakage hazard; and
(2) The user's process either would require more than 1 pint of a
Category 1 flammable liquid or more than 1 quart of a Category 2
flammable liquid of a single assay lot to be used at one time, or would
require the maintenance of an analytical standard liquid of a quality
which is not met by the specified standards of liquids available, and
the quantity of the analytical standard liquid required to be used in
any one control process exceeds one-sixteenth the capacity of the
container allowed under Table H-12 for the category of liquid; or
(b) The containers are intended for direct export outside the United
States.
Table H-12--Maximum Allowable Size of Containers and Portable Tanks for Flammable Liquids
----------------------------------------------------------------------------------------------------------------
Container type Category 1 Category 2 Category 3 Category 4
----------------------------------------------------------------------------------------------------------------
Glass or approved plastic....... 1 pt.............. 1 qt.............. 1 gal............. 1 gal.
Metal (other than DOT drums).... 1 gal............. 5 gal............. 5 gal............. 5 gal.
Safety cans..................... 2 gal............. 5 gal............. 5 gal............. 5 gal.
Metal drums (DOT specifications) 60 gal............ 60 gal............ 60 gal............ 60 gal.
Approved portable tanks......... 660 gal........... 660 gal........... 660 gal........... 660 gal.
----------------------------------------------------------------------------------------------------------------
Note: Container exemptions: (a) Medicines, beverages, foodstuffs, cosmetics, and other common consumer items,
when packaged according to commonly accepted practices, shall be exempt from the requirements of
1910.106(d)(2)(i) and (ii).
(3) Design, construction, and capacity of storage cabinets--(i)
Maximum capacity. Not more than 60 gallons of Category 1, 2, or 3
flammable liquids, nor more than 120 gallons of Category 4 flammable
liquids may be stored in a storage cabinet.
(ii) Fire resistance. Storage cabinets shall be designed and
constructed to limit the internal temperature to not more than 325
[deg]F. when subjected to a 10-minute fire test using the standard time-
temperature curve as set forth in Standard Methods of Fire Tests of
Building Construction and Materials, NFPA 251-1969, which is
incorporated by reference as specified in Sec. 1910.6. All joints and
seams shall remain tight and the door shall remain securely closed
during the fire test. Cabinets shall be labeled in conspicuous
lettering, ``Flammable--Keep Fire Away.''
(a) Metal cabinets constructed in the following manner shall be
deemed to be in compliance. The bottom, top, door, and sides of cabinet
shall be at least No. 18 gage sheet iron and double walled with 1\1/2\-
inch air space. Joints shall be riveted, welded or made tight by some
equally effective means. The door shall be provided with a three-point
lock, and the door sill shall be raised at least 2 inches above the
bottom of the cabinet.
(b) Wooden cabinets constructed in the following manner shall be
deemed in compliance. The bottom, sides, and top shall be constructed of
an approved grade of plywood at least 1 inch in thickness, which shall
not break down or delaminate under fire conditions. All joints shall be
rabbetted and shall
[[Page 266]]
be fastened in two directions with flathead woodscrews. When more than
one door is used, there shall be a rabbetted overlap of not less than 1
inch. Hinges shall be mounted in such a manner as not to lose their
holding capacity due to loosening or burning out of the screws when
subjected to the fire test.
(4) Design and construction of inside storage rooms--(i)
Construction. Inside storage rooms shall be constructed to meet the
required fire-resistive rating for their use. Such construction shall
comply with the test specifications set forth in Standard Methods of
Fire Tests of Building Construction and Materials, NFPA 251-1969. Where
an automatic sprinkler system is provided, the system shall be designed
and installed in an acceptable manner. Openings to other rooms or
buildings shall be provided with noncombustible liquid-tight raised
sills or ramps at least 4 inches in height, or the floor in the storage
area shall be at least 4 inches below the surrounding floor. Openings
shall be provided with approved self-closing fire doors. The room shall
be liquid-tight where the walls join the floor. A permissible alternate
to the sill or ramp is an open-grated trench inside of the room which
drains to a safe location. Where other portions of the building or other
properties are exposed, windows shall be protected as set forth in the
Standard for Fire Doors and Windows, NFPA No. 80-1968, which is
incorporated by reference as specified in Sec. 1910.6, for Class E or F
openings. Wood at least 1 inch nominal thickness may be used for
shelving, racks, dunnage, scuffboards, floor overlay, and similar
installations.
(ii) Rating and capacity. Storage in inside storage rooms shall
comply with Table H-13.
Table H-13--Storage in Inside Rooms
----------------------------------------------------------------------------------------------------------------
Total
allowable
quantities
Fire protection \1\ provided Fire resistance Maximum size (gals./sq.
ft./floor
area)
----------------------------------------------------------------------------------------------------------------
Yes...................................... 2 hours..................... 500 sq. ft................. 10
No....................................... 2 hours..................... 500 sq. ft................. 5
Yes...................................... 1 hour...................... 150 sq. ft................. 4
No....................................... 1 hour...................... 150 sq. ft................. 2
----------------------------------------------------------------------------------------------------------------
\1\ Fire protection system shall be sprinkler, water spray, carbon dioxide, or other system.
(iii) Wiring. Electrical wiring and equipment located in inside
storage rooms used for Category 1 or 2 flammable liquids, or Category 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
shall be approved under subpart S of this part for Class I, Division 2
Hazardous Locations; for Category 3 flammable liquids with a flashpoint
at or above 100 [deg]F (37.8 [deg]C) and Category 4 flammable liquids,
shall be approved for general use.
(iv) Ventilation. Every inside storage room shall be provided with
either a gravity or a mechanical exhaust ventilation system. Such system
shall be designed to provide for a complete change of air within the
room at least six times per hour. If a mechanical exhaust system is
used, it shall be controlled by a switch located outside of the door.
The ventilating equipment and any lighting fixtures shall be operated by
the same switch. A pilot light shall be installed adjacent to the switch
if Category 1 or 2 flammable liquids, or Category 3 flammable liquids
with a flashpoint below 100 [deg]F (37.8 [deg]C), are dispensed within
the room. Where gravity ventilation is provided, the fresh air intake,
as well as the exhaust outlet from the room, shall be on the exterior of
the building in which the room is located.
(v) Storage in inside storage rooms. In every inside storage room
there shall be maintained one clear aisle at least 3 feet wide.
Containers over 30 gallons capacity shall not be stacked one upon the
other. Dispensing shall be by approved pump or self-closing faucet only.
(5) Storage inside building--(i) Egress. Flammable liquids,
including stock for sale, shall not be stored so as to limit use of
exits, stairways, or areas normally used for the safe egress of people.
[[Page 267]]
(ii) Containers. The storage of flammable liquids in containers or
portable tanks shall comply with subdivisions (iii) through (v) of this
subparagraph.
(iii) Office occupancies. Storage shall be prohibited except that
which is required for maintenance and operation of building and
operation of equipment. Such storage shall be kept in closed metal
containers stored in a storage cabinet or in safety cans or in an inside
storage room not having a door that opens into that portion of the
building used by the public.
(iv) Mercantile occupancies and other retail stores.
(a)-(d) [Reserved]
(e) Leaking containers shall be removed to a storage room or taken
to a safe location outside the building and the contents transferred to
an undamaged container.
(v) General purpose public warehouses. Storage shall be in
accordance with Table H-14 or H-15 and in buildings or in portions of
such buildings cut off by standard firewalls. Material creating no fire
exposure hazard to the flammable liquids may be stored in the same area.
[[Page 268]]
[GRAPHIC] [TIFF OMITTED] TR26MR12.054
[[Page 269]]
[GRAPHIC] [TIFF OMITTED] TR26MR12.055
(vi) Flammable liquid warehouses or storage buildings. (a) If the
storage building is located 50 feet or less from a building or line of
adjoining property that may be built upon, the exposing wall shall be a
blank wall having a fire-resistance rating of at least 2 hours.
(b) The total quantity of liquids within a building shall not be
restricted, but the arrangement of storage shall comply with Table H-14
or H-15.
(c) Containers in piles shall be separated by pallets or dunnage
where necessary to provide stability and to prevent excessive stress on
container walls.
(d) Portable tanks stored over one tier high shall be designed to
nest securely, without dunnage, and adequate materials handing equipment
shall be available to handle tanks safely at the upper tier level.
(e) No pile shall be closer than 3 feet to the nearest beam, chord,
girder, or other obstruction, and shall be 3 feet below sprinkler
deflectors or discharge orifices of water spray, or other overhead fire
protection systems.
(f) Aisles of at least 3 feet wide shall be provided where necessary
for reasons of access to doors, windows or standpipe connections.
(6) Storage outside buildings--(i) General. Storage outside
buildings shall be in accordance with Table H-16 or H-17, and
subdivisions (ii) and (iv) of this subparagraph.
[[Page 270]]
[GRAPHIC] [TIFF OMITTED] TR26MR12.056
(ii) Maximum storage. A maximum of 1,100 gallons of flammable
liquids may be located adjacent to buildings located on the same
premises and under the same management provided the provisions of
subdivisions (a) and (b) of this subdivision are complied with.
(a) [Reserved]
(b) Where quantity stored exceeds 1,100 gallons, or provisions of
subdivision (a) of this subdivision cannot be met, a minimum distance of
10 feet between buildings and nearest container of flammable liquid
shall be maintained.
(iii) Spill containment. The storage area shall be graded in a
manner to divert possible spills away from buildings or other exposures
or shall be surrounded by a curb at least 6 inches high. When curbs are
used, provisions shall be made for draining of accumulations of ground
or rain water or spills of flammable liquids. Drains shall terminate at
a safe location and shall be accessible to operation under fire
conditions.
(iv) Security. The storage area shall be protected against tampering
or trespassers where necessary and shall be kept free of weeds, debris
and other combustible material not necessary to the storage.
(7) Fire control--(i) Extinguishers. Suitable fire control devices,
such as small hose or portable fire extinguishers, shall be available at
locations where flammable liquids are stored.
[[Page 271]]
[GRAPHIC] [TIFF OMITTED] TR26MR12.057
(a) At least one portable fire extinguisher having a rating of not
less than 12-B units shall be located outside of, but not more than 10
feet from, the door opening into any room used for storage.
(b) At least one portable fire extinguisher having a rating of not
less than 12-B units must be located not less than 10 feet, nor more
than 25 feet, from any Category 1, 2, or 3 flammable liquid storage area
located outside of a storage room but inside a building.
(ii) Sprinklers. When sprinklers are provided, they shall be
installed in accordance with Sec. 1910.159.
(iii) Open flames and smoking. Open flames and smoking shall not be
permitted in flammable liquid storage areas.
(iv) Water reactive materials. Materials which will react with water
shall not be stored in the same room with flammable liquids.
(e) Industrial plants--(1) Scope--(i) Application. This paragraph
shall apply to those industrial plants where:
(a) The use of flammable liquids is incidental to the principal
business, or
(b) Where flammable liquids are handled or used only in unit
physical operations such as mixing, drying, evaporating, filtering,
distillation, and similar operations which do not involve chemical
reaction. This paragraph shall not apply to chemical plants, refineries
or distilleries.
(ii) Exceptions. Where portions of such plants involve chemical
reactions such as oxidation, reduction, halogenation, hydrogenation,
alkylation, polymerization, and other chemical processes, those portions
of the plant shall be in
[[Page 272]]
accordance with paragraph (h) of this section.
(2) Incidental storage or use of flammable liquids--(i) Application.
This subparagraph shall be applicable to those portions of an industrial
plant where the use and handling of flammable liquids is only incidental
to the principal business, such as automobile assembly, construction of
electronic equipment, furniture manufacturing, or other similar
activities.
(ii) Containers. Flammable liquids shall be stored in tanks or
closed containers.
(a) Except as provided in subdivisions (b) and (c) of this
subdivision, all storage shall comply with paragraph (d) (3) or (4) of
this section.
(b) The quantity of liquid that may be located outside of an inside
storage room or storage cabinet in a building or in any one fire area of
a building shall not exceed:
(1) 25 gallons of Category 1 flammable liquids in containers
(2) 120 gallons of Category 2, 3, or 4 flammable liquids in
containers
(3) 660 gallons of Category 2, 3, or 4 flammable liquids in a single
portable tank.
(c) Where large quantities of flammable liquids are necessary,
storage may be in tanks which shall comply with the applicable
requirements of paragraph (b) of this section.
(iii) Separation and protection. Areas in which flammable liquids
are transferred from one tank or container to another container shall be
separated from other operations in the building by adequate distance or
by construction having adequate fire resistance. Drainage or other means
shall be provided to control spills. Adequate natural or mechanical
ventilation shall be provided.
(iv) Handling liquids at point of final use. (a) Category 1 or 2
flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C), shall be kept in covered containers when
not actually in use.
(b) Where flammable liquids are used or handled, except in closed
containers, means shall be provided to dispose promptly and safely of
leakage or spills.
(c) Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), may be used
only where there are no open flames or other sources of ignition within
the possible path of vapor travel.
(d) Flammable liquids shall be drawn from or transferred into
vessels, containers, or portable tanks within a building only through a
closed piping system, from safety cans, by means of a device drawing
through the top, or from a container or portable tanks by gravity
through an approved self-closing valve. Transferring by means of air
pressure on the container or portable tanks shall be prohibited.
(3) Unit physical operations--(i) Application. This subparagraph
shall be applicable in those portions of industrial plants where
flammable liquids are handled or used in unit physical operations such
as mixing, drying, evaporating, filtering, distillation, and similar
operations which do not involve chemical change. Examples are plants
compounding cosmetics, pharmaceuticals, solvents, cleaning fluids,
insecticides, and similar types of activities.
(ii) Location. Industrial plants shall be located so that each
building or unit of equipment is accessible from at least one side for
firefighting and fire control purposes. Buildings shall be located with
respect to lines of adjoining property which may be built upon as set
forth in paragraph (h)(2) (i) and (ii) of this section except that the
blank wall referred to in paragraph (h)(2)(ii) of this section shall
have a fire resistance rating of at least 2 hours.
(iii) Chemical processes. Areas where unstable liquids are handled
or small scale unit chemical processes are carried on shall be separated
from the remainder of the plant by a fire wall of 2-hour minimum fire
resistance rating.
(iv) Drainage. (a) Emergency drainage systems shall be provided to
direct flammable liquid leakage and fire protection water to a safe
location. This may require curbs, scuppers, or special drainage systems
to control the spread of fire; see paragraph (b)(2)(vii)(b) of this
section.
[[Page 273]]
(b) Emergency drainage systems, if connected to public sewers or
discharged into public waterways, shall be equipped with traps or
separator.
(v) Ventilation--(a) Areas as defined in paragraph (e)(3)(i) of this
section using Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), shall be
ventilated at a rate of not less than 1 cubic foot per minute per square
foot of solid floor area. This shall be accomplished by natural or
mechanical ventilation with discharge or exhaust to a safe location
outside of the building. Provision shall be made for introduction of
makeup air in such a manner as not to short circuit the ventilation.
Ventilation shall be arranged to include all floor areas or pits where
flammable vapors may collect.
(b) Equipment used in a building and the ventilation of the building
shall be designed so as to limit flammable vapor-air mixtures under
normal operating conditions to the interior of equipment, and to not
more than 5 feet from equipment which exposes Category 1 or 2 flammable
liquids, or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C), to the air. Examples of such equipment are
dispensing stations, open centrifuges, plate and frame filters, open
vacuum filters, and surfaces of open equipment.
(vi) Storage and handling. The storage, transfer, and handling of
liquid shall comply with paragraph (h)(4) of this section.
(4) Tank vehicle and tank car loading and unloading. (i) Tank
vehicle and tank car loading or unloading facilities shall be separated
from aboveground tanks, warehouses, other plant buildings or nearest
line of adjoining property which may be built upon by a distance of 25
feet for Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), and 15 feet
for Category 3 flammable liquids with a flashpoint at or above 100
[deg]F (37.8 [deg]C) and Category 4 flammable liquids, measured from the
nearest position of any fill stem. Buildings for pumps or shelters for
personnel may be a part of the facility. Operations of the facility
shall comply with the appropriate portions of paragraph (f)(3) of this
section.
(ii) [Reserved]
(5) Fire control--(i) Portable and special equipment. Portable fire
extinguishment and control equipment shall be provided in such
quantities and types as are needed for the special hazards of operation
and storage.
(ii) Water supply. Water shall be available in volume and at
adequate pressure to supply water hose streams, foam-producing
equipment, automatic sprinklers, or water spray systems as the need is
indicated by the special hazards of operation, dispensing and storage.
(iii) Special extinguishers. Special extinguishing equipment such as
that utilizing foam, inert gas, or dry chemical shall be provided as the
need is indicated by the special hazards of operation dispensing and
storage.
(iv) Special hazards. Where the need is indicated by special hazards
of operation, flammable liquid processing equipment, major piping, and
supporting steel shall be protected by approved water spray systems,
deluge systems, approved fire-resistant coatings, insulation, or any
combination of these.
(v) Maintenance. All plant fire protection facilities shall be
adequately maintained and periodically inspected and tested to make sure
they are always in satisfactory operating condition, and they will serve
their purpose in time of emergency.
(6) Sources of ignition--(i) General. Adequate precautions shall be
taken to prevent the ignition of flammable vapors. Sources of ignition
include but are not limited to open flames; lightning; smoking; cutting
and welding; hot surfaces; frictional heat; static, electrical, and
mechanical sparks; spontaneous ignition, including heat-producing
chemical reactions; and radiant heat.
(ii) Grounding. Category 1 or 2 flammable liquids, or Category 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
shall not be dispensed into containers unless the nozzle and container
are electrically interconnected. Where the metallic floorplate on which
the container stands while filling is electrically connected to the fill
stem or where the fill stem is bonded to the container during filling
operations by
[[Page 274]]
means of a bond wire, the provisions of this section shall be deemed to
have been complied with.
(7) Electrical--(i) Equipment. (a) All electrical wiring and
equipment shall be installed according to the requirements of subpart S
of this part.
(b) Locations where flammable vapor-air mixtures may exist under
normal operations shall be classified Class I, Division 1 according to
the requirements of subpart S of this part. For those pieces of
equipment installed in accordance with subparagraph (3)(v)(b) of this
paragraph, the Division 1 area shall extend 5 feet in all directions
from all points of vapor liberation. All areas within pits shall be
classified Division 1 if any part of the pit is within a Division 1 or 2
classified area, unless the pit is provided with mechanical ventilation.
(c) Locations where flammable vapor-air mixtures may exist under
abnormal conditions and for a distance beyond Division 1 locations shall
be classified Division 2 according to the requirements of subpart S of
this part. These locations include an area within 20 feet horizontally,
3 feet vertically beyond a Division 1 area, and up to 3 feet above floor
or grade level within 25 feet, if indoors, or 10 feet if outdoors, from
any pump, bleeder, withdrawal fitting, meter, or similar device handling
Category 1 or 2 flammable liquids, or Category 3 flammable liquids with
a flashpoint below 100 [deg]F (37.8 [deg]C). Pits provided with adequate
mechanical ventilation within a Division 1 or 2 area shall be classified
Division 2. If only Category 3 flammable liquids with a flashpoint at or
above 100 [deg]F (37.8 [deg]C) or Category 4 flammable liquids are
handled, then ordinary electrical equipment is satisfactory though care
shall be used in locating electrical apparatus to prevent hot metal from
falling into open equipment.
(d) Where the provisions of subdivisions (a), (b), and (c), of this
subdivision require the installation of electrical equipment suitable
for Class I, Division 1 or Division 2 locations, ordinary electrical
equipment including switchgear may be used if installed in a room or
enclosure which is maintained under positive pressure with respect to
the hazardous area. Ventilation makeup air shall be uncontaminated by
flammable vapors.
(8) Repairs to equipment. Hot work, such as welding or cutting
operations, use of spark-producing power tools, and chipping operations
shall be permitted only under supervision of an individual in
responsible charge. The individual in responsible charge shall make an
inspection of the area to be sure that it is safe for the work to be
done and that safe procedures will be followed for the work specified.
(9) Housekeeping--(i) General. Maintenance and operating practices
shall be in accordance with established procedures which will tend to
control leakage and prevent the accidental escape of flammable liquids.
Spills shall be cleaned up promptly.
(ii) Access. Adequate aisles shall be maintained for unobstructed
movement of personnel and so that fire protection equipment can be
brought to bear on any part of flammable liquid storage, use, or any
unit physical operation.
(iii) Waste and residue. Combustible waste material and residues in
a building or unit operating area shall be kept to a minimum, stored in
covered metal receptacles and disposed of daily.
(iv) Clear zone. Ground area around buildings and unit operating
areas shall be kept free of weeds, trash, or other unnecessary
combustible materials.
(f) Bulk plants--(1) (i) Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C). Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), shall be
stored in closed containers, or in storage tanks above ground outside of
buildings, or underground in accordance with paragraph (b) of this
section.
(ii) Category 3 flammable liquids with a flashpoint at or above 100
[deg]F (37.8 [deg]C) and Category 4 flammable liquids. Category 3
flammable liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C)
and Category 4 flammable liquids shall be stored in containers, or in
tanks within buildings or above ground outside of buildings, or
underground in accordance with paragraph (b) of this section.
[[Page 275]]
(iii) Piling containers. Containers of flammable liquids when piled
one upon the other shall be separated by dunnage sufficient to provide
stability and to prevent excessive stress on container walls. The height
of the pile shall be consistent with the stability and strength of
containers.
(2) Buildings--(i) Exits. Rooms in which flammable liquids are
stored or handled by pumps shall have exit facilities arranged to
prevent occupants from being trapped in the event of fire.
(ii) Heating. Rooms in which Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), are stored or handled shall be heated only by means not
constituting a source of ignition, such as steam or hot water. Rooms
containing heating appliances involving sources of ignition shall be
located and arranged to prevent entry of flammable vapors.
(iii) Ventilation. (a) Ventilation shall be provided for all rooms,
buildings, or enclosures in which Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), are pumped or dispensed. Design of ventilation systems shall
take into account the relatively high specific gravity of the vapors.
Ventilation may be provided by adequate openings in outside walls at
floor level unobstructed except by louvers or coarse screens. Where
natural ventilation is inadequate, mechanical ventilation shall be
provided.
(b) Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), shall not be
stored or handled within a building having a basement or pit into which
flammable vapors may travel, unless such area is provided with
ventilation designed to prevent the accumulation of flammable vapors
therein.
(c) Containers of Category 1 or 2 flammable liquids, or Category 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
shall not be drawn from or filled within buildings unless provision is
made to prevent the accumulation of flammable vapors in hazardous
concentrations. Where mechanical ventilation is required, it shall be
kept in operation while flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C) are being handled.
(3) Loading and unloading facilities-- (i) Separation. Tank vehicle
and tank car loading or unloading facilities shall be separated from
aboveground tanks, warehouses, other plant buildings or nearest line of
adjoining property that may be built upon by a distance of 25 feet for
Category 1 or 2 flammable liquids, or Category 3 flammable liquids with
a flashpoint below 100 [deg]F (37.8 [deg]C), and 15 feet for Category 3
flammable liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C)
and Category 4 flammable liquids measured from the nearest position of
any fill spout. Buildings for pumps or shelters for personnel may be a
part of the facility.
(ii) Category restriction. Equipment such as piping, pumps, and
meters used for the transfer of Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), between storage tanks and the fill stem of the loading rack
shall not be used for the transfer of Category 3 flammable liquids with
a flashpoint at or above 100 [deg]F (37.8 [deg]C) or Category 4
flammable liquids.
(iii) Valves. Valves used for the final control for filling tank
vehicles shall be of the self-closing type and manually held open except
where automatic means are provided for shutting off the flow when the
vehicle is full or after filling of a preset amount.
(iv) Static protection. (a) Bonding facilities for protection
against static sparks during the loading of tank vehicles through open
domes shall be provided:
(1) Where Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), are loaded, or
(2) Where Category 3 flammable liquids with a flashpoint at or above
100 [deg]F (37.8 [deg]C) or Category 4 flammable liquids are loaded into
vehicles which may contain vapors from previous cargoes of Category 1 or
2 flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C).
(b) Protection as required in (a) of this subdivision (iv) shall
consist of a metallic bond wire permanently electrically connected to
the fill stem or to
[[Page 276]]
some part of the rack structure in electrical contact with the fill
stem. The free end of such wire shall be provided with a clamp or
equivalent device for convenient attachment to some metallic part in
electrical contact with the cargo tank of the tank vehicle.
(c) Such bonding connection shall be made fast to the vehicle or
tank before dome covers are raised and shall remain in place until
filling is completed and all dome covers have been closed and secured.
(d) Bonding as specified in (a), (b), and (c) of this subdivision is
not required:
(1) Where vehicles are loaded exclusively with products not having a
static accumulating tendency, such as asphalt, most crude oils, residual
oils, and water soluble liquids;
(2) Where no Category 1 or 2 flammable liquids, or Category 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), are
handled at the loading facility and the tank vehicles loaded are used
exclusively for Category 3 flammable liquids with a flashpoint at or
above 100 [deg]F (37.8 [deg]C) and Category 4 flammable liquids; and
(3) Where vehicles are loaded or unloaded through closed bottom or
top connections.
(e) Filling through open domes into the tanks of tank vehicles or
tank cars, that contain vapor-air mixtures within the flammable range or
where the liquid being filled can form such a mixture, shall be by means
of a downspout which extends near the bottom of the tank. This
precaution is not required when loading liquids which are
nonaccumulators of static charges.
(v) Stray currents. Tank car loading facilities where Category 1 or
2 flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C), are loaded through open domes shall be
protected against stray currents by bonding the pipe to at least one
rail and to the rack structure if of metal. Multiple lines entering the
rack area shall be electrically bonded together. In addition, in areas
where excessive stray currents are known to exist, all pipe entering the
rack area shall be provided with insulating sections to electrically
isolate the rack piping from the pipelines. No bonding between the tank
car and the rack or piping is required during either loading or
unloading of Category 3 flammable liquids with a flashpoint at or above
100 [deg]F (37.8 [deg]C) or Category 4 flammable liquids.
(vi) Container filling facilities. Category 1 or 2 flammable
liquids, or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C), shall not be dispensed into containers unless the
nozzle and container are electrically interconnected. Where the metallic
floorplate on which the container stands while filling is electrically
connected to the fill stem or where the fill stem is bonded to the
container during filling operations by means of a bond wire, the
provisions of this section shall be deemed to have been complied with.
(4) Wharves--(i) Definition, application. The term wharf shall mean
any wharf, pier, bulkhead, or other structure over or contiguous to
navigable water used in conjunction with a bulk plant, the primary
function of which is the transfer of flammable liquid cargo in bulk
between the bulk plant and any tank vessel, ship, barge, lighter boat,
or other mobile floating craft; and this subparagraph shall apply to all
such installations except Marine Service Stations as covered in
paragraph (g) of this section.
(ii)-(iii) [Reserved]
(iv) Design and construction. Substructure and deck shall be
substantially designed for the use intended. Deck may employ any
material which will afford the desired combination of flexibility,
resistance to shock, durability, strength, and fire resistance. Heavy
timber construction is acceptable.
(v) [Reserved]
(vi) Pumps. Loading pumps capable of building up pressures in excess
of the safe working pressure of cargo hose or loading arms shall be
provided with bypasses, relief valves, or other arrangement to protect
the loading facilities against excessive pressure. Relief devices shall
be tested at not more than yearly intervals to determine that they
function satisfactorily at the pressure at which they are set.
(vii) Hoses and couplings. All pressure hoses and couplings shall be
inspected
[[Page 277]]
at intervals appropriate to the service. The hose and couplings shall be
tested with the hose extended and using the ``inservice maximum
operating pressures.'' Any hose showing material deteriorations, signs
of leakage, or weakness in its carcass or at the couplings shall be
withdrawn from service and repaired or discarded.
(viii) Piping and fittings. Piping, valves, and fittings shall be in
accordance with paragraph (c) of this section, with the following
exceptions and additions:
(a) Flexibility of piping shall be assured by appropriate layout and
arrangement of piping supports so that motion of the wharf structure
resulting from wave action, currents, tides, or the mooring of vessels
will not subject the pipe to repeated strain beyond the elastic limit.
(b) Pipe joints depending upon the friction characteristics of
combustible materials or grooving of pipe ends for mechanical continuity
of piping shall not be used.
(c) Swivel joints may be used in piping to which hoses are
connected, and for articulated swivel-joint transfer systems, provided
that the design is such that the mechanical strength of the joint will
not be impaired if the packing material should fail, as by exposure to
fire.
(d) Piping systems shall contain a sufficient number of valves to
operate the system properly and to control the flow of liquid in normal
operation and in the event of physical damage.
(e) In addition to the requirements of paragraph (f)(4)(viii)(d) of
this section, each line conveying Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), leading to a wharf shall be provided with a readily accessible
block valve located on shore near the approach to the wharf and outside
of any diked area. Where more than one line is involved, the valves
shall be grouped in one location.
(f) Means of easy access shall be provided for cargo line valves
located below the wharf deck.
(g) Pipelines on flammable liquids wharves shall be adequately
bonded and grounded. If excessive stray currents are encountered,
insulating joints shall be installed. Bonding and grounding connections
on all pipelines shall be located on wharfside of hose-riser insulating
flanges, if used, and shall be accessible for inspection.
(h) Hose or articulated swivel-joint pipe connections used for cargo
transfer shall be capable of accommodating the combined effects of
change in draft and maximum tidal range, and mooring lines shall be kept
adjusted to prevent the surge of the vessel from placing stress on the
cargo transfer system.
(i) Hose shall be supported so as to avoid kinking and damage from
chafing.
(ix) Fire protection. Suitable portable fire extinguishers with a
rating of not less than 12-BC shall be located within 75 feet of those
portions of the facility where fires are likely to occur, such as hose
connections, pumps, and separator tanks.
(a) Where piped water is available, ready-connected fire hose in
size appropriate for the water supply shall be provided so that
manifolds where connections are made and broken can be reached by at
least one hose stream.
(b) Material shall not be placed on wharves in such a manner as to
obstruct access to firefighting equipment, or important pipeline control
valves.
(c) Where the wharf is accessible to vehicle traffic, an
unobstructed roadway to the shore end of the wharf shall be maintained
for access of firefighting apparatus.
(x) Operations control. Loading or discharging shall not commence
until the wharf superintendent and officer in charge of the tank vessel
agree that the tank vessel is properly moored and all connections are
properly made. Mechanical work shall not be performed on the wharf
during cargo transfer, except under special authorization based on a
review of the area involved, methods to be employed, and precautions
necessary.
(5) Electrical equipment--(i) Application. This paragraph (f)(5)(i)
shall apply to areas where Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), are stored or handled. For areas where only Category 3
flammable liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C)
or Category 4 flammable
[[Page 278]]
liquids are stored or handled, the electrical equipment may be installed
in accordance with the provisions of Subpart S of this part, for
ordinary locations.
(ii) Conformance. All electrical equipment and wiring shall be of a
type specified by and shall be installed in accordance with subpart S of
this part.
(iii) Classification. So far as it applies Table H-18 shall be used
to delineate and classify hazardous areas for the purpose of
installation of electrical equipment under normal circumstances. In
Table H-18 a classified area shall not extend beyond an unpierced wall,
roof, or other solid partition. The area classifications listed shall be
based on the premise that the installation meets the applicable
requirements of this section in all respects.
(6) Sources of ignition. Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), shall not be handled, drawn, or dispensed where flammable
vapors may reach a source of ignition. Smoking shall be prohibited
except in designated localities. ``No Smoking'' signs shall be
conspicuously posted where hazard from flammable liquid vapors is
normally present.
(7) Drainage and waste disposal. Provision shall be made to prevent
flammable liquids which may be spilled at loading or unloading points
from entering public sewers and drainage systems, or natural waterways.
Connection to such sewers, drains, or waterways by which flammable
liquids might enter shall be provided with separator boxes or other
approved means whereby such entry is precluded. Crankcase drainings and
flammable liquids shall not be dumped into sewers, but shall be stored
in tanks or tight drums outside of any building until removed from the
premises.
(8) Fire control. Suitable fire-control devices, such as small hose
or portable fire extinguishers, shall be available to locations where
fires are likely to occur. Additional fire-control equipment may be
required where a tank of more than 50,000 gallons individual capacity
contains Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), and where an
unusual exposure hazard exists from surrounding property. Such
additional fire-control equipment shall be sufficient to extinguish a
fire in the largest tank. The design and amount of such equipment shall
be in accordance with approved engineering standards.
(g) Service stations--(1) Storage and handling--(i) General
provisions. (a) Liquids shall be stored in approved closed containers
not exceeding 60 gallons capacity, in tanks located underground, in
tanks in special enclosures as described in paragraph (g)(i) of this
section, or in aboveground tanks as provided for in paragraphs
(g)(4)(ii), (b), (c) and (d) of this section.
(b) Aboveground tanks, located in an adjoining bulk plant, may be
connected by piping to service station underground tanks if, in addition
to valves at aboveground tanks, a valve is also installed within control
of service station personnel.
(c) Apparatus dispensing Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), into the fuel tanks of motor vehicles of the public shall not
be located at a bulk plant unless separated by a fence or similar
barrier from the area in which bulk operations are conducted.
(d) [Reserved]
(e) The provisions of paragraph (g)(1)(i)(a) of this section shall
not prohibit the dispensing of flammable liquids with a flashpoint below
100 [deg]F (37.8 [deg]C) in the open from a tank vehicle to a motor
vehicle. Such dispensing shall be permitted provided:
(1) The tank vehicle complies with the requirements covered in the
Standard on Tank Vehicles for Flammable Liquids, NFPA 385-1966.
(2) The dispensing is done on premises not open to the public.
(3) [Reserved]
(4) The dispensing hose does not exceed 50 feet in length.
(5) The dispensing nozzle is a listed automatic-closing type without
a latchopen device.
(f) Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), shall not be
stored or handled within a building having a basement or pit into
[[Page 279]]
which flammable vapors may travel, unless such area is provided with
ventilation designed to prevent the accumulation of flammable vapors
therein.
(g) [Reserved]
Table H-18--Electrical Equipment Hazardous Areas--Bulk Plants
------------------------------------------------------------------------
Class I
Location Group D Extent of classified area
division
------------------------------------------------------------------------
Tank vehicle and tank car:
\1\
Loading through open dome.. 1 Within 3 feet of edge of
dome, extending in all
directions.
2 Area between 3 feet and 5
feet from edge of dome,
extending in all directions.
Loading through bottom 1 Within 3 feet of point of
connections with venting to atmosphere
atmospheric venting. extending in all directions.
2 Area between 3 feet and 5
feet from point of venting
to atmosphere, extending in
all directions. Also up to
18 inches above grade within
a horizontal radius of 10
feet from point of loading
connection.
Loading through closed dome 1 Within 3 feet of open end of
with atmospheric venting. 2 vent, extending in all
directions.
Area between 3 feet and 5
feet from open end of vent,
extending in all directions.
Also within 3 feet of edge
of dome, extending in all
directions.
Loading through closed dome 2 Within 3 feet of point of
with vapor recovery. connection of both fill and
vapor lines, extending in
all directions.
Bottom loading with vapor 2 Within 3 feet of point of
recovery or any bottom connections extending in all
unloading. directions. Also up to 18
inches above grade with in a
horizontal radius of 10 feet
from point of connection.
Drum and container filling:
Outdoors, or indoors with 1 Within 3 feet of vent and
adequate ventilation. fill opening, extending in
all directions.
2 Area between 3 feet and 5
feet from vent or fill
opening, extending in all
directions. Also up to 18
inches above floor or grade
level within a horizontal
radius of 10 feet from vent
or fill opening.
Outdoors, or indoors with 1 Within 3 feet of vent and
adequate ventilation. fill opening, extending in
all directions.
2 Area between 3 feet and 5
feet from vent or fill
opening, extending in all
directions. Also up to 18
inches above floor or grade
level within a horizontal
radius of 10 feet from vent
or fill opening.
Tank--Aboveground:
Shell, ends, or roof and 2 Within 10 feet from shell,
dike area. ends, or roof of tank, Area
inside dikes to level of top
of dike.
Vent....................... 1 Within 5 feet of open end of
vent, extending in all
directions.
2 Area between 5 feet and 10
feet from open end of vent,
extending in all directions.
Floating roof.............. 1 Area above the roof and
within the shell.
Pits:
Without mechanical 1 Entire area within pit if any
ventilation. part is within a Division 1
or 2 classified area.
With mechanical ventilation 2 Entire area within pit if any
part is within a Division 1
or 2 classified area.
Containing valves, fittings 2 Entire pit.
or piping, and not within
a Division 1 or 2
classified area.
Pumps, bleeders, withdrawal
fittings, meters and similar
devices:
Indoors.................... 2 Within 5 feet of any edge of
such devices, extending in
all directions. Also up to 3
feet above floor or grade
level within 25 feet
horizontally from any edge
of such devices.
Outdoors................... 2 Within 3 feet of any edge of
such devices, extending in
all directions. Also up to
18 inches above grade level
within 10 feet horizontally
from any edge of such
devices.
Storage and repair garage 1 All pits or spaces below
for tank vehicles. floor level.
2 Area up to 18 inches above
floor or grade level for
entire storage or repair
garage.
Drainage ditches, 2 Area up to 18 inches above
separators, impounding ditch, separator or basin.
basins. Also up to 18 inches above
grade within 15 feet
horizontally from any edge.
Garages for other than tank (\2\ ) If there is any opening to
vehicles. these rooms within the
extent of an outdoor
classified area, the entire
room shall be classified the
same as the area
classification at the point
of the opening.
Outdoor drum storage....... (\2\ )
[[Page 280]]
Indoor warehousing where (\2\ ) If there is any opening to
there is no flammable these rooms within the
liquid transfer. extent of an indoor
classified are, the room
shall be classified the same
as if the wall, curb or
partition did not exist.
Office and rest rooms...... (\2\ )
------------------------------------------------------------------------
\1\ When classifying the extent of the area, consideration shall be
given to the fact that tank cars or tank vehicles may be spotted at
varying points. Therefore, the extremities of the loading or unloading
positions shall be used.
\2\ Ordinary.
(ii) Special enclosures. (a) When installation of tanks in
accordance with paragraph (b)(3) of this section is impractical because
of property or building limitations, tanks for flammable liquids may be
installed in buildings if properly enclosed.
(b) The enclosure shall be substantially liquid and vaportight
without backfill. Sides, top, and bottom of the enclosure shall be of
reinforced concrete at least 6 inches thick, with openings for
inspection through the top only. Tank connections shall be so piped or
closed that neither vapors nor liquid can escape into the enclosed
space. Means shall be provided whereby portable equipment may be
employed to discharge to the outside any liquid or vapors which might
accumulate should leakage occur.
(iii) Inside buildings. (a) Except where stored in tanks as provided
in paragraph (g)(1)(ii) of this section, no Category 1 or 2 flammable
liquids, or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C), shall be stored within any service station
building except in closed containers of aggregate capacity not exceeding
60 gallons. One container not exceeding 60 gallons capacity equipped
with an approved pump is permitted.
(b) Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), may be
transferred from one container to another in lubrication or service
rooms of a service station building provided the electrical installation
complies with Table H-19 and provided that any heating equipment
complies with paragraph (g)(6) of this section.
(c) Category 3 flammable liquids with a flashpoint at or above 100
[deg]F (37.8 [deg]C) and Category 4 flammable liquids may be stored and
dispensed inside service station buildings from tanks of not more than
120 gallons capacity each.
(iv) [Reserved]
(v) Dispensing into portable containers. No delivery of any Category
1 or 2 flammable liquids, or Category 3 flammable liquids with a
flashpoint below 100 [deg]F (37.8 [deg]C), shall be made into portable
containers unless the container is constructed of metal, has a tight
closure with screwed or spring cover, and is fitted with a spout or so
designed so the contents can be poured without spilling.
(2) [Reserved]
(3) Dispensing systems--(i) Location. Dispensing devices at
automotive service stations shall be so located that all parts of the
vehicle being served will be on the premises of the service station.
(ii) Inside location. Approved dispensing units may be located
inside of buildings. The dispensing area shall be separated from other
areas in an approved manner. The dispensing unit and its piping shall be
mounted either on a concrete island or protected against collision
damage by suitable means and shall be located in a position where it
cannot be struck by a vehicle descending a ramp or other slope out of
control. The dispensing area shall be provided with an approved
mechanical or gravity ventilation system. When dispensing units are
located below grade, only approved mechanical ventilation shall be used
and the entire dispensing area shall be protected by an approved
automatic sprinkler system. Ventilating systems shall be electrically
interlocked with gasoline dispensing units so that the dispensing units
cannot be operated unless the ventilating fan motors are energized.
(iii) Emergency power cutoff. A clearly identified and easily
accessible switch(es) or a circuit breaker(s) shall
[[Page 281]]
be provided at a location remote from dispensing devices, including
remote pumping systems, to shut off the power to all dispensing devices
in the event of an emergency.
(iv) Dispensing units. (a) Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), shall be transferred from tanks by means of fixed pumps so
designed and equipped as to allow control of the flow and to prevent
leakage or accidental discharge.
(b)(1) Only listed devices may be used for dispensing Category 1 or
2 flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C). No such device may be used if it shows
evidence of having been dismantled.
(2) Every dispensing device for Category 1 or 2 flammable liquids,
or Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), installed after December 31, 1978, shall contain evidence of
listing so placed that any attempt to dismantle the device will result
in damage to such evidence, visible without disassembly or dismounting
of the nozzle.
(c) Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), shall not be
dispensed by pressure from drums, barrels, and similar containers.
Approved pumps taking suction through the top of the container or
approved self-closing faucets shall be used.
(d) The dispensing units, except those attached to containers, shall
be mounted either on a concrete island or protected against collision
damage by suitable means.
(v) Remote pumping systems. (a) This paragraph (g)(3)(v) shall apply
to systems for dispensing Category 1 or 2 flammable liquids, or Category
3 flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
where such liquids are transferred from storage to individual or
multiple dispensing units by pumps located elsewhere than at the
dispensing units.
(b) Pumps shall be designed or equipped so that no part of the
system will be subjected to pressures above its allowable working
pressure. Pumps installed above grade, outside of buildings, shall be
located not less than 10 feet from lines of adjoining property which may
be built upon, and not less than 5 feet from any building opening. When
an outside pump location is impractical, pumps may be installed inside
of buildings, as provided for dispensers in subdivision (ii) of this
subparagraph, or in pits as provided in subdivision (c) of this
subdivision. Pumps shall be substantially anchored and protected against
physical damage by vehicles.
(c) Pits for subsurface pumps or piping manifolds of submersible
pumps shall withstand the external forces to which they may be subjected
without damage to the pump, tank, or piping. The pit shall be no larger
than necessary for inspection and maintenance and shall be provided with
a fitted cover.
(d) A control shall be provided that will permit the pump to operate
only when a dispensing nozzle is removed from its bracket on the
dispensing unit and the switch on this dispensing unit is manually
actuated. This control shall also stop the pump when all nozzles have
been returned to their brackets.
(e) An approved impact valve, incorporating a fusible link, designed
to close automatically in the event of severe impact or fire exposure
shall be properly installed in the dispensing supply line at the base of
each individual dispensing device.
(f) Testing. After the completion of the installation, including any
paving, that section of the pressure piping system between the pump
discharge and the connection for the dispensing facility shall be tested
for at least 30 minutes at the maximum operating pressure of the system.
Such tests shall be repeated at 5-year intervals thereafter.
(vi) Delivery nozzles. (a) A listed manual or automatic-closing type
hose nozzle valve shall be provided on dispensers used for the
dispensing of Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C).
(b) Manual-closing type valves shall be held open manually during
dispensing. Automatic-closing type valves may be used in conjunction
with an approved latch-open device.
[[Page 282]]
(4) Marine service stations--(i) Dispensing. (a) The dispensing area
shall be located away from other structures so as to provide room for
safe ingress and egress of craft to be fueled. Dispensing units shall in
all cases be at least 20 feet from any activity involving fixed sources
of ignition.
(b) Dispensing shall be by approved dispensing units with or without
integral pumps and may be located on open piers, wharves, or floating
docks or on shore or on piers of the solid fill type.
(c) Dispensing nozzles shall be automatic-closing without a hold-
open latch.
(ii) Tanks and pumps. (a) Tanks, and pumps not integral with the
dispensing unit, shall be on shore or on a pier of the solid fill type,
except as provided in paragraphs (g)(4)(ii) (b) and (c) of this section.
(b) Where shore location would require excessively long supply lines
to dispensers, tanks may be installed on a pier provided that applicable
portions of paragraph (b) of this section relative to spacing, diking,
and piping are complied with and the quantity so stored does not exceed
1,100 gallons aggregate capacity.
(c) Shore tanks supplying marine service stations may be located
above ground, where rock ledges or high water table make underground
tanks impractical.
(d) Where tanks are at an elevation which would produce gravity head
on the dispensing unit, the tank outlet shall be equipped with a
pressure control valve positioned adjacent to and outside the tank block
valve specified in paragraph (b)(2)(ix)(b) of this section, so adjusted
that liquid cannot flow by gravity from the tank in case of piping or
hose failure.
(iii) Piping. (a) Piping between shore tanks and dispensing units
shall be as described in paragraph (c) of this section, except that,
where dispensing is from a floating structure, suitable lengths of oil-
resistant flexible hose may be employed between the shore piping and the
piping on the floating structure as made necessary by change in water
level or shoreline.
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[GRAPHIC] [TIFF OMITTED] TR26MR12.058
[[Page 284]]
[GRAPHIC] [TIFF OMITTED] TR26MR12.059
(b) A readily accessible valve to shut off the supply from shore
shall be provided in each pipeline at or near the approach to the pier
and at the shore end of each pipeline adjacent to the point where
flexible hose is attached.
(c) Piping shall be located so as to be protected from physical
damage.
(d) Piping handling Category 1 or 2 flammable liquids, or Category 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
shall be grounded to control stray currents.
(5) Electrical equipment--(i) Application. This paragraph (g)(5)
shall apply to areas where Category 1 or 2 flammable liquids, or
Category 3 flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C), are stored or handled. For areas where Category 3 flammable
liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C) or
Category 4 flammable liquids are stored or handled the electrical
equipment may be installed in accordance with the provisions of subpart
S of this part, for ordinary locations.
(ii) All electrical equipment and wiring shall be of a type
specified by and shall be installed in accordance with subpart S of this
part.
(iii) So far as it applies. Table H-19 shall be used to delineate
and classify
[[Page 285]]
hazardous areas for the purpose of installation of electrical equipment
under normal circumstances. A classified area shall not extend beyond an
unpierced wall, roof, or other solid partition.
(iv) The area classifications listed shall be based on the
assumption that the installation meets the applicable requirements of
this section in all respects.
(6) Heating equipment--(i) Conformance. Heating equipment shall be
installed as provided in paragraphs (g)(6) (ii) through (v) of this
section.
(ii) Application. Heating equipment may be installed in the
conventional manner in an area except as provided in paragraph (g)(6)
(iii), (iv), or (v) of this section.
(iii) Special room. Heating equipment may be installed in a special
room separated from an area classified by Table H-19 by walls having a
fire resistance rating of at least 1 hour and without any openings in
the walls within 8 feet of the floor into an area classified in Table H-
19. This room shall not be used for combustible storage and all air for
combustion purposes shall come from outside the building.
(iv) Work areas. Heating equipment using gas or oil fuel may be
installed in the lubrication, sales, or service room where there is no
dispensing or transferring of Category 1 or 2 flammable liquids or 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
provided the bottom of the combustion chamber is at least 18 inches
above the floor and the heating equipment is protected from physical
damage by vehicles. Heating equipment using gas or oil fuel listed for
use in garages may be installed in the lubrication or service room where
Category 1 or 2 flammable liquids, or Category 3 flammable liquids with
a flashpoint below 100 [deg]F (37.8 [deg]C), are dispensed provided the
equipment is installed at least 8 feet above the floor.
(v) Electric heat. Electrical heating equipment shall conform to
paragraph (g)(5) of this section.
(7) Drainage and waste disposal. Provision shall be made in the area
where Category 1 or 2 flammable liquids, or Category 3 flammable liquids
with a flashpoint below 100 [deg]F (37.8 [deg]C), are dispensed to
prevent spilled liquids from flowing into the interior of service
station buildings. Such provision may be by grading driveways, raising
door sills, or other equally effective means. Crankcase drainings and
flammable liquids shall not be dumped into sewers but shall be stored in
tanks or drums outside of any building until removed from the premises.
(8) Sources of ignition. In addition to the previous restrictions of
this paragraph, the following shall apply: There shall be no smoking or
open flames in the areas used for fueling, servicing fuel systems for
internal combustion engines, receiving or dispensing of flammable
liquids. Conspicuous and legible signs prohibiting smoking shall be
posted within sight of the customer being served. The motors of all
equipment being fueled shall be shut off during the fueling operation.
(9) Fire control. Each service station shall be provided with at
least one fire extinguisher having a minimum approved classification of
6 B, C, located so that an extinguisher, will be within 75 feet of each
pump, dispenser, underground fill pipe opening, and lubrication or
service room.
(h) Processing plants--(1) Scope. This paragraph shall apply to
those plants or buildings which contain chemical operations such as
oxidation, reduction, halogenation, hydrogenation, alkylation,
polymerization, and other chemical processes but shall not apply to
chemical plants, refineries or distilleries.
(2) Location--(i) Classification. The location of each processing
vessel shall be based upon its flammable liquid capacity.
(ii) [Reserved]
(3) Processing building--(i) Construction. (a) Processing buildings
shall be of fire-resistance or noncombustible construction, except heavy
timber construction with load-bearing walls may be permitted for plants
utilizing only stable Category 3 flammable liquids with a flashpoint at
or above 100 [deg]F (37.8 [deg]C) or Category 4 flammable liquids.
Except as provided in paragraph (h)(2)(ii) of this section or in the
case of explosion resistant walls used in conjunction with explosion
relieving facilities, see paragraph (h)(3)(iv) of
[[Page 286]]
this section, load-bearing walls are prohibited. Buildings shall be
without basements or covered pits.
(b) Areas shall have adequate exit facilities arranged to prevent
occupants from being trapped in the event of fire. Exits shall not be
exposed by the drainage facilities described in paragraph (h)(ii) of
this section.
(ii) Drainage. (a) Emergency drainage systems shall be provided to
direct flammable liquid leakage and fire protection water to a safe
location. This may require curbs, scuppers, or special drainage systems
to control the spread of fire, see paragraph (b)(2)(vii)(b) of this
section.
(b) Emergency drainage systems, if connected to public sewers or
discharged into public waterways, shall be equipped with traps or
separators.
(iii) Ventilation. (a) Enclosed processing buildings shall be
ventilated at a rate of not less than 1 cubic foot per minute per square
foot of solid floor area. This shall be accomplished by natural or
mechanical ventilation with discharge or exhaust to a safe location
outside of the building. Provisions shall be made for introduction of
makeup air in such a manner as not to short circuit the ventilation.
Ventilation shall be arranged to include all floor areas or pits where
flammable vapors may collect.
(b) Equipment used in a building and the ventilation of the building
shall be designed so as to limit flammable vapor-air mixtures under
normal operating conditions to the interior of equipment, and to not
more than 5 feet from equipment which exposes Category 1 or 2 flammable
liquids, or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C), to the air. Examples of such equipment are
dispensing stations, open centrifuges, plate and frame filters, open
vacuum filters, and surfaces of open equipment.
(iv) Explosion relief. Areas where Category 1 or unstable liquids
are processed shall have explosion venting through one or more of the
following methods:
(a) Open air construction.
(b) Lightweight walls and roof.
(c) Lightweight wall panels and roof hatches.
(d) Windows of explosion venting type.
(4) Liquid handling--(i) Storage. (a) The storage of flammable
liquids in tanks shall be in accordance with the applicable provisions
of paragraph (b) of this section.
(b) If the storage of flammable liquids in outside aboveground or
underground tanks is not practical because of temperature or production
considerations, tanks may be permitted inside of buildings or structures
in accordance with the applicable provisions of paragraph (b) of this
section.
(c) Storage tanks inside of buildings shall be permitted only in
areas at or above grade which have adequate drainage and are separated
from the processing area by construction having a fire resistance rating
of at least 2 hours.
(d) The storage of flammable liquids in containers shall be in
accordance with the applicable provisions of paragraph (d) of this
section.
(ii) Piping, valves, and fittings. (a) Piping, valves, and fittings
shall be in accordance with paragraph (c) of this section.
(b) Approved flexible connectors may be used where vibration exists
or where frequent movement is necessary. Approved hose may be used at
transfer stations.
(c) Piping containing flammable liquids shall be identified.
(iii) Transfer. (a) The transfer of large quantities of flammable
liquids shall be through piping by means of pumps or water displacement.
Except as required in process equipment, gravity flow shall not be used.
The use of compressed air as a transferring medium is prohibited.
(b) Positive displacement pumps shall be provided with pressure
relief discharging back to the tank or to pump suction.
(iv) Equipment. (a) Equipment shall be designed and arranged to
prevent the unintentional escape of liquids and vapors and to minimize
the quantity escaping in the event of accidental release.
(b) Where the vapor space of equipment is usually within the
flammable range, the probability of explosion
[[Page 287]]
damage to the equipment can be limited by inerting, by providing an
explosion suppression system, or by designing the equipment to contain
the peak explosion pressure which may be modified by explosion relief.
Where the special hazards of operation, sources of ignition, or
exposures indicate a need, consideration shall be given to providing
protection by one or more of the above means.
(5) Tank vehicle and tank car loading and unloading. Tank vehicle
and tank car loading or unloading facilities shall be separated from
aboveground tanks, warehouses, other plant buildings, or nearest line of
adjoining property which may be built upon by a distance of 25 feet for
Category 1 or 2 flammable liquids, or Category 3 flammable liquids with
a flashpoint below 100 [deg]F (37.8 [deg]C), and 15 feet for Category 3
flammable liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C)
and Category 4 flammable liquids measured from the nearest position of
any fill stem. Buildings for pumps or shelters for personnel may be a
part of the facility. Operations of the facility shall comply with the
appropriate portions of paragraph (f)(3) of this section.
(6) Fire control--(i) Portable extinguishers. Approved portable fire
extinguishers of appropriate size, type, and number shall be provided.
(ii) Other controls. Where the special hazards of operation or
exposure indicate a need, the following fire control provision shall be
provided.
(a) A reliable water supply shall be available in pressure and
quantity adequate to meet the probable fire demands.
(b) Hydrants shall be provided in accordance with accepted good
practice.
(c) Hose connected to a source of water shall be installed so that
all vessels, pumps, and other equipment containing flammable liquids can
be reached with at least one hose stream. Nozzles that are capable of
discharging a water spray shall be provided.
(d) Processing plants shall be protected by an approved automatic
sprinkler system or equivalent extinguishing system. If special
extinguishing systems including but not limited to those employing foam,
carbon dioxide, or dry chemical are provided, approved equipment shall
be used and installed in an approved manner.
(iii) Alarm systems. An approved means for prompt notification of
fire to those within the plant and any public fire department available
shall be provided. It may be advisable to connect the plant system with
the public system where public fire alarm system is available.
(iv) Maintenance. All plant fire protection facilities shall be
adequately maintained and periodically inspected and tested to make sure
they are always in satisfactory operating condition and that they will
serve their purpose in time of emergency.
(7) Sources of ignition--(i) General. (a) Precautions shall be taken
to prevent the ignition of flammable vapors. Sources of ignition include
but are not limited to open flames; lightning; smoking; cutting and
welding; hot surfaces; frictional heat; static, electrical, and
mechanical sparks; spontaneous ignition, including heat-producing
chemical reactions; and radiant heat.
(b) Category 1 or 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), shall not be
dispensed into containers unless the nozzle and container are
electrically interconnected. Where the metallic floorplate on which the
container stands while filling is electrically connected to the fill
stem or where the fill stem is bonded to the container during filling
operations by means of a bond wire, the provisions of this section shall
be deemed to have been complied with.
(ii) Maintenance and repair. (a) When necessary to do maintenance
work in a flammable liquid processing area, the work shall be authorized
by a responsible representative of the employer.
(b) Hot work, such as welding or cutting operations, use of spark-
producing power tools, and chipping operations shall be permitted only
under supervision of an individual in responsible charge who shall make
an inspection of the area to be sure that it is safe for the work to be
done and that safe procedures will be followed for the work specified.
[[Page 288]]
(iii) Electrical. (a) All electric wiring and equipment shall be
installed in accordance with subpart S of this part.
(b) Locations where flammable vapor-air mixtures may exist under
normal operations shall be classified Class I, Division 1 according to
the requirements of subpart S of this part. For those pieces of
equipment installed in accordance with paragraph (h)(3)(iii)(b) of this
section, the Division 1 area shall extend 5 feet in all directions from
all points of vapor liberation. All areas within pits shall be
classified Division 1 if any part of the pit is within a Division 1 or 2
classified area, unless the pit is provided with mechanical ventilation.
(c) Locations where flammable vapor-air mixtures may exist under
abnormal conditions and for a distance beyond Division 1 locations shall
be classified Division 2 according to the requirements of subpart S of
this part. These locations include an area within 20 feet horizontally,
3 feet vertically beyond a Division 1 area, and up to 3 feet above floor
or grade level within 25 feet, if indoors, or 10 feet if outdoors, from
any pump, bleeder, withdrawal fitting, meter, or similar device handling
Category 1 or 2 flammable liquids, or Category 3 flammable liquids with
a flashpoint below 100 [deg]F (37.8 [deg]C). Pits provided with adequate
mechanical ventilation within a Division 1 or 2 area shall be classified
Division 2. If Category 3 flammable liquids with a flashpoint at or
above 100 [deg]F (37.8 [deg]C) or Category 4 flammable liquids only are
handled, then ordinary electrical equipment is satisfactory though care
shall be used in locating electrical apparatus to prevent hot metal from
falling into open equipment.
(d) Where the provisions of paragraphs (h)(7)(iii) (a), (b), and (c)
of this section require the installation of explosion-proof equipment,
ordinary electrical equipment including switchgear may be used if
installed in a room or enclosure which is maintained under positive
pressure with respect to the hazardous area. Ventilation makeup air
shall be uncontaminated by flammable vapors.
(8) Housekeeping--(i) General. Maintenance and operating practices
shall be in accordance with established procedures which will tend to
control leakage and prevent the accidental escape of flammable liquids.
Spills shall be cleaned up promptly.
(ii) Access. Adequate aisles shall be maintained for unobstructed
movement of personnel and so that fire protection equipment can be
brought to bear on any part of the processing equipment.
(iii) Waste and residues. Combustible waste material and residues in
a building or operating area shall be kept to a minimum, stored in
closed metal waste cans, and disposed of daily.
(iv) Clear zone. Ground area around buildings and operating areas
shall be kept free of tall grass, weeds, trash, or other combustible
materials.
(i) Refineries, chemical plants, and distilleries--(1) Storage
tanks. Flammable liquids shall be stored in tanks, in containers, or in
portable tanks. Tanks shall be installed in accordance with paragraph
(b) of this section. Tanks for the storage of flammable liquids in tank
farms and in locations other than process areas shall be located in
accordance with paragraph (b)(2) (i) and (ii) of this section.
(2) Wharves. Wharves handling flammable liquids shall be in
accordance with paragraph (f)(4) of this section.
(3) Fired and unfired pressure vessels--(i) Fired vessels. Fired
pressure vessels shall be constructed in accordance with the Code for
Fired Pressure Vessels, Section I of the ASME Boiler and Pressure Vessel
Code--1968.
(ii) Unfired vessels shall be constructed in accordance with the
Code for Unfired Pressure Vessels, Section VIII of the ASME Boiler and
Pressure Vessel Code--1968.
(4) Location of process units. Process units shall be located so
that they are accessible from at least one side for the purpose of fire
control.
(5) Fire control--(i) Portable equipment. Portable fire
extinguishment and control equipment shall be provided in such
quantities and types as are needed for the special hazards of operation
and storage.
(ii) Water supply. Water shall be available in volume and at
adequate pressure to supply water hose streams, foam producing
equipment, automatic sprinklers, or water spray systems as
[[Page 289]]
the need is indicated by the special hazards of operation and storage.
(iii) Special equipment. Special extinguishing equipment such as
that utilizing foam, inert gas, or dry chemical shall be provided as the
need is indicated by the special hazards of operation and storage.
(j) Scope. This section applies to the handling, storage, and use of
flammable liquids with a flashpoint at or below 199.4 [deg]F (93 [deg]C)
unless otherwise noted. This section does not apply to:
(1) Bulk transportation of flammable liquids;
(2) Storage, handling, and use of fuel oil tanks and containers
connected with oil burning equipment;
(3) Storage of flammable liquids on farms;
(4) Liquids without flashpoints that may be flammable under some
conditions, such as certain halogenated hydrocarbons and mixtures
containing halogenated hydrocarbons;
(5) Mists, sprays, or foams, except flammable aerosols covered in
paragraph (d) of this section; or
(6) Installations made in accordance with requirements of the
following standards that are incorporated by reference as specified in
Sec. 1910.6:
(i) National Fire Protection Association Standard for Drycleaning
Plants, NFPA No. 32-1970;
(ii) National Fire Protection Association Standard for the
Manufacture of Organic Coatings, NFPA No. 35-1970;
(iii) National Fire Protection Association Standard for Solvent
Extraction Plants, NFPA No. 36-1967; or
(iv) National Fire Protection Association Standard for the
Installation and Use of Stationary Combustion Engines and Gas Turbines,
NFPA No. 37-1970.
[39 FR 23502, June 27, 1974, as amended at 40 FR 3982, Jan. 27, 1975; 40
FR 23743, June 2, 1975; 43 FR 49746, Oct. 24, 1978; 43 FR 51759, Nov. 7,
1978; 47 FR 39164, Sept. 7, 1982; 51 FR 34560, Sept. 29, 1986; 53 FR
12121, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 61 FR 9237, Mar. 7,
1996; 70 FR 53929, Sept. 13, 2005; 77 FR 17765, Mar. 26, 2012]
Sec. 1910.107 Spray finishing using flammable and combustible
materials.
(a) Definitions applicable to this section--(1) Aerated solid
powders. Aerated powders shall mean any powdered material used as a
coating material which shall be fluidized within a container by passing
air uniformly from below. It is common practice to fluidize such
materials to form a fluidized powder bed and then dip the part to be
coated into the bed in a manner similar to that used in liquid dipping.
Such beds are also used as sources for powder spray operations.
(2) Spraying area. Any area in which dangerous quantities of
flammable vapors or mists, or combustible residues, dusts, or deposits
are present due to the operation of spraying processes.
(3) Spray booth. A power-ventilated structure provided to enclose or
accommodate a spraying operation to confine and limit the escape of
spray, vapor, and residue, and to safely conduct or direct them to an
exhaust system.
(4) Waterwash spray booth. A spray booth equipped with a water
washing system designed to minimize dusts or residues entering exhaust
ducts and to permit the recovery of overspray finishing material.
(5) Dry spray booth. A spray booth not equipped with a water washing
system as described in subparagraph (4) of this paragraph. A dry spray
booth may be equipped with (i) distribution or baffle plates to promote
an even flow of air through the booth or cause the deposit of overspray
before it enters the exhaust duct; or (ii) overspray dry filters to
minimize dusts; or (iii) overspray dry filters to minimize dusts or
residues entering exhaust ducts; or (iv) overspray dry filter rolls
designed to minimize dusts or residues entering exhaust ducts; or (v)
where dry powders are being sprayed, with powder collection systems so
arranged in the exhaust to capture oversprayed material.
(6) Fluidized bed. A container holding powder coating material which
is aerated from below so as to form an air-supported expanded cloud of
such material through which the preheated object to be coated is
immersed and transported.
(7) Electrostatic fluidized bed. A container holding powder coating
material which is aerated from below so as to form an air-supported
expanded cloud of such material which is electrically charged with a
charge opposite to the charge of the object to be coated; such
[[Page 290]]
object is transported, through the container immediately above the
charged and aerated materials in order to be coated.
(8) Approved. Shall mean approved and listed by a nationally
recognized testing laboratory. Refer to Sec. 1910.7 for definition of
nationally recognized testing laboratory.
(9) Listed. See ``approved'' in Sec. 1910.107(a)(8).
(b) Spray booths--(1) Construction. Spray booths shall be
substantially constructed of steel, securely and rigidly supported, or
of concrete or masonry except that aluminum or other substantial
noncombustible material may be used for intermittent or low volume
spraying. Spray booths shall be designed to sweep air currents toward
the exhaust outlet.
(2) Interiors. The interior surfaces of spray booths shall be smooth
and continuous without edges and otherwise designed to prevent pocketing
of residues and facilitate cleaning and washing without injury.
(3) Floors. The floor surface of a spray booth and operator's
working area, if combustible, shall be covered with noncombustible
material of such character as to facilitate the safe cleaning and
removal of residues.
(4) Distribution or baffle plates. Distribution or baffle plates, if
installed to promote an even flow of air through the booth or cause the
deposit of overspray before it enters the exhaust duct, shall be of
noncombustible material and readily removable or accessible on both
sides for cleaning. Such plates shall not be located in exhaust ducts.
(5) Dry type overspray collectors--(exhaust air filters). In
conventional dry type spray booths, overspray dry filters or filter
rolls, if installed, shall conform to the following:
(i) The spraying operations except electrostatic spraying operations
shall be so designed, installed and maintained that the average air
velocity over the open face of the booth (or booth cross section during
spraying operations) shall be not less than 100 linear feet per minute.
Electrostatic spraying operations may be conducted with an air velocity
over the open face of the booth of not less than 60 linear feet per
minute, or more, depending on the volume of the finishing material being
applied and its flammability and explosion characteristics. Visible
gauges or audible alarm or pressure activated devices shall be installed
to indicate or insure that the required air velocity is maintained.
Filter rolls shall be inspected to insure proper replacement of filter
media.
(ii) All discarded filter pads and filter rolls shall be immediately
removed to a safe, well-detached location or placed in a water-filled
metal container and disposed of at the close of the day's operation
unless maintained completely in water.
(iii) The location of filters in a spray booth shall be so as to not
reduce the effective booth enclosure of the articles being sprayed.
(iv) Space within the spray booth on the downstream and upstream
sides of filters shall be protected with approved automatic sprinklers.
(v) Filters or filter rolls shall not be used when applying a spray
material known to be highly susceptible to spontaneous heating and
ignition.
(vi) Clean filters or filter rolls shall be noncombustible or of a
type having a combustibility not in excess of class 2 filters as listed
by Underwriters' Laboratories, Inc. Filters and filter rolls shall not
be alternately used for different types of coating materials, where the
combination of materials may be conducive to spontaneous ignition. See
also paragraph (g)(6) of this section.
(6) Frontal area. Each spray booth having a frontal area larger than
9 square feet shall have a metal deflector or curtain not less than 2\1/
2\ inches deep installed at the upper outer edge of the booth over the
opening.
(7) Conveyors. Where conveyors are arranged to carry work into or
out of spray booths, the openings therefor shall be as small as
practical.
(8) Separation of operations. Each spray booth shall be separated
from other operations by not less than 3 feet, or by a greater distance,
or by such partition or wall as to reduce the danger from juxtaposition
of hazardous operations. See also paragraph (c)(1) of this section.
[[Page 291]]
(9) Cleaning. Spray booths shall be so installed that all portions
are readily accessible for cleaning. A clear space of not less than 3
feet on all sides shall be kept free from storage or combustible
construction.
(10) Illumination. When spraying areas are illuminated through glass
panels or other transparent materials, only fixed lighting units shall
be used as a source of illumination. Panels shall effectively isolate
the spraying area from the area in which the lighting unit is located,
and shall be of a noncombustible material of such a nature or so
protected that breakage will be unlikely. Panels shall be so arranged
that normal accumulations of residue on the exposed surface of the panel
will not be raised to a dangerous temperature by radiation or conduction
from the source of illumination.
(c) Electrical and other sources of ignition--(1) Conformance. All
electrical equipment, open flames and other sources of ignition shall
conform to the requirements of this paragraph, except as follows:
(i) Electrostatic apparatus shall conform to the requirements of
paragraphs (h) and (i) of this section;
(ii) Drying, curing, and fusion apparatus shall conform to the
requirements of paragraph (j) of this section;
(iii) Automobile undercoating spray operations in garages shall
conform to the requirements of paragraph (k) of this section;
(iv) Powder-coating equipment shall conform to the requirements of
paragraph (l)(1) of this section.
(2) Minimum separation. There shall be no open flame or spark
producing equipment in any spraying area nor within 20 feet thereof,
unless separated by a partition.
(3) Hot surfaces. Space-heating appliances, steampipes, or hot
surfaces shall not be located in a spraying area where deposits of
combustible residues may readily accumulate.
(4) Wiring conformance. Electrical wiring and equipment shall
conform to the provisions of this paragraph and shall otherwise be in
accordance with subpart S of this part.
(5) Combustible residues, areas. Unless specifically approved for
locations containing both deposits of readily ignitable residue and
explosive vapors, there shall be no electrical equipment in any spraying
area, whereon deposits of combustible residues may readily accumulate,
except wiring in rigid conduit or in boxes or fittings containing no
taps, splices, or terminal connections.
(6) Wiring type approved. Electrical wiring and equipment not
subject to deposits of combustible residues but located in a spraying
area as herein defined shall be of explosion-proof type approved for
Class I, group D locations and shall otherwise conform to the provisions
of subpart S of this part, for Class I, Division 1, Hazardous Locations.
Electrical wiring, motors, and other equipment outside of but within
twenty (20) feet of any spraying area, and not separated therefrom by
partitions, shall not produce sparks under normal operating conditions
and shall otherwise conform to the provisions of subpart S of this part
for Class I, Division 2 Hazardous Locations.
(7) Lamps. Electric lamps outside of, but within twenty (20) feet of
any spraying area, and not separated therefrom by a partition, shall be
totally enclosed to prevent the falling of hot particles and shall be
protected from mechanical injury by suitable guards or by location.
(8) Portable lamps. Portable electric lamps shall not be used in any
spraying area during spraying operations. Portable electric lamps, if
used during cleaning or repairing operations, shall be of the type
approved for hazardous Class I locations.
(9) Grounding. (i) All metal parts of spray booths, exhaust ducts,
and piping systems conveying flammable liquids or liquids with a
flashpoint greater than 199.4 [deg]F (93 [deg]C) or aerated solids shall
be properly electrically grounded in an effective and permanent manner.
(ii) [Reserved]
(d) Ventilation--(1) Conformance. Ventilating and exhaust systems
shall be in accordance with the Standard for Blower and Exhaust Systems
for Vapor Removal, NFPA No. 91-1961, which is incorporated by reference
as specified in Sec. 1910.6, where applicable and shall also conform to
the provisions of this section.
[[Page 292]]
(2) General. All spraying areas shall be provided with mechanical
ventilation adequate to remove flammable vapors, mists, or powders to a
safe location and to confine and control combustible residues so that
life is not endangered. Mechanical ventilation shall be kept in
operation at all times while spraying operations are being conducted and
for a sufficient time thereafter to allow vapors from drying coated
articles and drying finishing material residue to be exhausted.
(3) Independent exhaust. Each spray booth shall have an independent
exhaust duct system discharging to the exterior of the building, except
that multiple cabinet spray booths in which identical spray finishing
material is used with a combined frontal area of not more than 18 square
feet may have a common exhaust. If more than one fan serves one booth,
all fans shall be so interconnected that one fan cannot operate without
all fans being operated.
(4) Fan-rotating element. The fan-rotating element shall be
nonferrous or nonsparking or the casing shall consist of or be lined
with such material. There shall be ample clearance between the fan-
rotating element and the fan casing to avoid a fire by friction,
necessary allowance being made for ordinary expansion and loading to
prevent contact between moving parts and the duct or fan housing. Fan
blades shall be mounted on a shaft sufficiently heavy to maintain
perfect alignment even when the blades of the fan are heavily loaded,
the shaft preferably to have bearings outside the duct and booth. All
bearings shall be of the self-lubricating type, or lubricated from the
outside duct.
(5) Electric motors. Electric motors driving exhaust fans shall not
be placed inside booths or ducts. See also paragraph (c) of this
section.
(6) Belts. Belts shall not enter the duct or booth unless the belt
and pulley within the duct or booth are thoroughly enclosed.
(7) Exhaust ducts. Exhaust ducts shall be constructed of steel and
shall be substantially supported. Exhaust ducts without dampers are
preferred; however, if dampers are installed, they shall be maintained
so that they will be in a full open position at all times the
ventilating system is in operation.
(i) Exhaust ducts shall be protected against mechanical damage and
have a clearance from unprotected combustible construction or other
combustible material of not less than 18 inches.
(ii) If combustible construction is provided with the following
protection applied to all surfaces within 18 inches, clearances may be
reduced to the distances indicated:
(a) 28-gage sheet metal on \1/4\-inch 12 inches.
asbestos mill board.
(b) 28-gage sheet metal on \1/8\-inch 9 inches.
asbestos mill board spaced out 1 inch on
noncombustible spacers.
(c) 22-gage sheet metal on 1-inch rockwool 3 inches.
batts reinforced with wire mesh or the
equivalent.
(d) Where ducts are protected with an
approved automatic sprinkler system,
properly maintained, the clearance
required in subdivision (i) of this
subparagraph may be reduced to 6 inches.
(8) Discharge clearance. Unless the spray booth exhaust duct
terminal is from a water-wash spray booth, the terminal discharge point
shall be not less than 6 feet from any combustible exterior wall or roof
nor discharge in the direction of any combustible construction or
unprotected opening in any noncombustible exterior wall within 25 feet.
(9) Air exhaust. Air exhaust from spray operations shall not be
directed so that it will contaminate makeup air being introduced into
the spraying area or other ventilating intakes, nor directed so as to
create a nuisance. Air exhausted from spray operations shall not be
recirculated.
(10) Access doors. When necessary to facilitate cleaning, exhaust
ducts shall be provided with an ample number of access doors.
(11) Room intakes. Air intake openings to rooms containing spray
finishing operations shall be adequate for the efficient operation of
exhaust fans and shall be so located as to minimize the creation of dead
air pockets.
(12) Drying spaces. Freshly sprayed articles shall be dried only in
spaces provided with adequate ventilation to prevent the formation of
explosive vapors. In the event adequate and reliable ventilation is not
provided such drying spaces shall be considered a spraying
[[Page 293]]
area. See also paragraph (j) of this section.
(e) Flammable liquids and liquids with a flashpoint greater than
199.4 [deg]F (93 [deg]C)--(1) Conformance. The storage of flammable
liquids or liquids with a flashpoint greater than 199.4 [deg]F (93
[deg]C) in connection with spraying operations shall conform to the
requirements of Sec. 1910.106, where applicable.
(2) Quantity. The quantity of flammable liquids or liquids with a
flashpoint greater than 199.4 [deg]F (93 [deg]C) kept in the vicinity of
spraying operations shall be the minimum required for operations and
should ordinarily not exceed a supply for 1 day or one shift. Bulk
storage of portable containers of flammable liquids or liquids with a
flashpoint greater than 199.4 [deg]F (93 [deg]C) shall be in a separate,
constructed building detached from other important buildings or cut off
in a standard manner.
(3) Containers. Original closed containers, approved portable tanks,
approved safety cans or a properly arranged system of piping shall be
used for bringing flammable liquids or liquids with a flashpoint greater
than 199.4 [deg]F (93 [deg]C) into spray finishing room. Open or glass
containers shall not be used.
(4) Transferring liquids. Except as provided in paragraph (e)(5) of
this section the withdrawal of flammable liquids and liquids with a
flashpoint greater than 199.4 [deg]F (93 [deg]C) from containers having
a capacity of greater than 60 gallons shall be by approved pumps. The
withdrawal of flammable liquids or liquids with a flashpoint greater
than 199.4 [deg]F (93 [deg]C) from containers and the filling of
containers, including portable mixing tanks, shall be done only in a
suitable mixing room or in a spraying area when the ventilating system
is in operation. Adequate precautions shall be taken to protect against
liquid spillage and sources of ignition.
(5) Spraying containers. Containers supplying spray nozzles shall be
of closed type or provided with metal covers kept closed. Containers not
resting on floors shall be on metal supports or suspended by wire
cables. Containers supplying spray nozzles by gravity flow shall not
exceed 10 gallons capacity. Original shipping containers shall not be
subject to air pressure for supplying spray nozzles. Containers under
air pressure supplying spray nozzles shall be of limited capacity, not
exceeding that necessary for 1 day's operation; shall be designed and
approved for such use; shall be provided with a visible pressure gage;
and shall be provided with a relief valve set to operate in conformance
with the requirements of the Code for Unfired Pressure Vessels, Section
VIII of the ASME Boiler and Pressure Vessel Code--1968, which is
incorporated by reference as specified in Sec. 1910.6. Containers under
air pressure supplying spray nozzles, air-storage tanks and coolers
shall conform to the standards of the Code for Unfired Pressure Vessels,
Section VIII of the ASME Boiler and Pressure Vessel Code--1968 for
construction, tests, and maintenance.
(6) Pipes and hoses. (i) All containers or piping to which is
attached a hose or flexible connection shall be provided with a shutoff
valve at the connection. Such valves shall be kept shut when spraying
operations are not being conducted.
(ii) When a pump is used to deliver products, automatic means shall
be provided to prevent pressure in excess of the design working pressure
of accessories, piping, and hose.
(iii) All pressure hose and couplings shall be inspected at regular
intervals appropriate to this service. The hose and couplings shall be
tested with the hose extended, and using the ``inservice maximum
operating pressures.'' Any hose showing material deteriorations, signs
of leakage, or weakness in its carcass or at the couplings, shall be
withdrawn from service and repaired or discarded.
(iv) Piping systems conveying flammable liquids or liquids with a
flashpoint greater than 199.4 [deg]F (93 [deg]C) shall be of steel or
other material having comparable properties of resistance to heat and
physical damage. Piping systems shall be properly bonded and grounded.
(7) Spray liquid heaters. Electrically powered spray liquid heaters
shall be approved and listed for the specific location in which used
(see paragraph (c)
[[Page 294]]
of this section). Heaters shall not be located in spray booths nor other
locations subject to the accumulation of deposits or combustible
residue. If an electric motor is used, see paragraph (c) of this
section.
(8) Pump relief. If flammable liquids or liquids with a flashpoint
greater than 199.4 [deg]F (93 [deg]C) are supplied to spray nozzles by
positive displacement pumps, the pump discharge line shall be provided
with an approved relief valve discharging to a pump suction or a safe
detached location, or a device provided to stop the prime mover if the
discharge pressure exceeds the safe operating pressure of the system.
(9) Grounding. Whenever flammable liquids or liquids with a
flashpoint greater than 199.4 [deg]F (93 [deg]C) are transferred from
one container to another, both containers shall be effectively bonded
and grounded to prevent discharge sparks of static electricity.
(f) Protection--(1) Conformance. In sprinklered buildings, the
automatic sprinkler system in rooms containing spray finishing
operations shall conform to the requirements of Sec. 1910.159. In
unsprinklered buildings where sprinklers are installed only to protect
spraying areas, the installation shall conform to such standards insofar
as they are applicable. Sprinkler heads shall be located so as to
provide water distribution throughout the entire booth.
(2) Valve access. Automatic sprinklers protecting each spray booth
(together with its connecting exhaust) shall be under an accessibly
located separate outside stem and yoke (OS&Y) subcontrol valve.
(3) Cleaning of heads. Sprinklers protecting spraying areas shall be
kept as free from deposits as practical by cleaning daily if necessary.
(See also paragraph (g) of this section.)
(4) Portable extinguishers. An adequate supply of suitable portable
fire extinguishers shall be installed near all spraying areas.
(g) Operations and maintenance--(1) Spraying. Spraying shall not be
conducted outside of predetermined spraying areas.
(2) Cleaning. All spraying areas shall be kept as free from the
accumulation of deposits of combustible residues as practical, with
cleaning conducted daily if necessary. Scrapers, spuds, or other such
tools used for cleaning purposes shall be of nonsparking material.
(3) Residue disposal. Residue scrapings and debris contaminated with
residue shall be immediately removed from the premises and properly
disposed of. Approved metal waste cans shall be provided wherever rags
or waste are impregnated with finishing material and all such rags or
waste deposited therein immediately after use. The contents of waste
cans shall be properly disposed of at least once daily or at the end of
each shift.
(4) Clothing storage. Spray finishing employees' clothing shall not
be left on the premises overnight unless kept in metal lockers.
(5) Cleaning solvents. The use of solvents for cleaning operations
shall be restricted to those having flashpoints not less than 100
[deg]F.; however, for cleaning spray nozzles and auxiliary equipment,
solvents having flashpoints not less than those normally used in spray
operations may be used. Such cleaning shall be conducted inside spray
booths and ventilating equipment operated during cleaning.
(6) Hazardous materials combinations. Spray booths shall not be
alternately used for different types of coating materials, where the
combination of the materials may be conducive to spontaneous ignition,
unless all deposits of the first used material are removed from the
booth and exhaust ducts prior to spraying with the second used material.
(7) ``No Smoking'' signs. ``No smoking'' signs in large letters on
contrasting color background shall be conspicuously posted at all
spraying areas and paint storage rooms.
(h) Fixed electrostatic apparatus--(1) Conformance. Where
installation and use of electrostatic spraying equipment is used, such
installation and use shall conform to all other paragraphs of this
section, and shall also conform to the requirements of this paragraph.
(2) Type approval. Electrostatic apparatus and devices used in
connection with coating operations shall be of approved types.
(3) Location. Transformers, power packs, control apparatus, and all
other
[[Page 295]]
electrical portions of the equipment, with the exception of high-voltage
grids, electrodes, and electrostatic atomizing heads and their
connections, shall be located outside of the spraying area, or shall
otherwise conform to the requirements of paragraph (c) of this section.
(4) Support. Electrodes and electrostatic atomizing heads shall be
adequately supported in permanent locations and shall be effectively
insulated from the ground. Electrodes and electrostatic atomizing heads
which are permanently attached to their bases, supports, or
reciprocators, shall be deemed to comply with this section. Insulators
shall be nonporous and noncombustible.
(5) Insulators, grounding. High-voltage leads to electrodes shall be
properly insulated and protected from mechanical injury or exposure to
destructive chemicals. Electrostatic atomizing heads shall be
effectively and permanently supported on suitable insulators and shall
be effectively guarded against accidental contact or grounding. An
automatic means shall be provided for grounding the electrode system
when it is electrically deenergized for any reason. All insulators shall
be kept clean and dry.
(6) Safe distance. A safe distance shall be maintained between goods
being painted and electrodes or electrostatic atomizing heads or
conductors of at least twice the sparking distance. A suitable sign
indicating this safe distance shall be conspicuously posted near the
assembly.
(7) Conveyors required. Goods being painted using this process are
to be supported on conveyors. The conveyors shall be so arranged as to
maintain safe distances between the goods and the electrodes or
electrostatic atomizing heads at all times. Any irregularly shaped or
other goods subject to possible swinging or movement shall be rigidly
supported to prevent such swinging or movement which would reduce the
clearance to less than that specified in paragraph (h)(6) of this
section.
(8) Prohibition. This process is not acceptable where goods being
coated are manipulated by hand. When finishing materials are applied by
electrostatic equipment which is manipulated by hand, see paragraph (i)
of this section for applicable requirements.
(9) Fail-safe controls. Electrostatic apparatus shall be equipped
with automatic controls which will operate without time delay to
disconnect the power supply to the high voltage transformer and to
signal the operator under any of the following conditions:
(i) Stoppage of ventilating fans or failure of ventilating equipment
from any cause.
(ii) Stoppage of the conveyor carrying goods through the high
voltage field.
(iii) Occurrence of a ground or of an imminent ground at any point
on the high voltage system.
(iv) Reduction of clearance below that specified in paragraph (h)(6)
of this section.
(10) Guarding. Adequate booths, fencing, railings, or guards shall
be so placed about the equipment that they, either by their location or
character or both, assure that a safe isolation of the process is
maintained from plant storage or personnel. Such railings, fencing, and
guards shall be of conducting material, adequately grounded.
(11) Ventilation. Where electrostatic atomization is used the
spraying area shall be so ventilated as to insure safe conditions from a
fire and health standpoint.
(12) Fire protection. All areas used for spraying, including the
interior of the booth, shall be protected by automatic sprinklers where
this protection is available. Where this protection is not available,
other approved automatic extinguishing equipment shall be provided.
(i) Electrostatic hand spraying equipment--(1) Application. This
paragraph shall apply to any equipment using electrostatically charged
elements for the atomization and/or, precipitation of materials for
coatings on articles, or for other similar purposes in which the
atomizing device is hand held and manipulated during the spraying
operation.
(2) Conformance. Electrostatic hand spraying equipment shall conform
with the other provisions of this section.
[[Page 296]]
(3) Equipment approval and specifications. Electrostatic hand spray
apparatus and devices used in connection with coating operations shall
be of approved types. The high voltage circuits shall be designed so as
to not produce a spark of sufficient intensity to ignite any vapor-air
mixtures nor result in appreciable shock hazard upon coming in contact
with a grounded object under all normal operating conditions. The
electrostatically charged exposed elements of the handgun shall be
capable of being energized only by a switch which also controls the
coating material supply.
(4) Electrical support equipment. Transformers, powerpacks, control
apparatus, and all other electrical portions of the equipment, with the
exception of the handgun itself and its connections to the power supply
shall be located outside of the spraying area or shall otherwise conform
to the requirements of paragraph (c) of this section.
(5) Spray gun ground. The handle of the spraying gun shall be
electrically connected to ground by a metallic connection and to be so
constructed that the operator in normal operating position is in
intimate electrical contact with the grounded handle.
(6) Grounding--general. All electrically conductive objects in the
spraying area shall be adequately grounded. This requirement shall apply
to paint containers, wash cans, and any other objects or devices in the
area. The equipment shall carry a prominent permanently installed
warning regarding the necessity for this grounding feature.
(7) Maintenance of grounds. Objects being painted or coated shall be
maintained in metallic contact with the conveyor or other grounded
support. Hooks shall be regularly cleaned to insure this contact and
areas of contact shall be sharp points or knife edges where possible.
Points of support of the object shall be concealed from random spray
where feasible and where the objects being sprayed are supported from a
conveyor, the point of attachment to the conveyor shall be so located as
to not collect spray material during normal operation.
(8) Interlocks. The electrical equipment shall be so interlocked
with the ventilation of the spraying area that the equipment cannot be
operated unless the ventilation fans are in operation.
(9) Ventilation. The spraying operation shall take place within a
spray area which is adequately ventilated to remove solvent vapors
released from the operation.
(j) Drying, curing, or fusion apparatus--(1) Conformance. Drying,
curing, or fusion apparatus in connection with spray application of
flammable and combustible finishes shall conform to the Standard for
Ovens and Furnaces, NFPA 86A-1969, which is incorporated by reference as
specified in Sec. 1910.6, where applicable and shall also conform with
the following requirements of this paragraph.
(2) Alternate use prohibited. Spray booths, rooms, or other
enclosures used for spraying operations shall not alternately be used
for the purpose of drying by any arrangement which will cause a material
increase in the surface temperature of the spray booth, room, or
enclosure.
(3) Adjacent system interlocked. Except as specifically provided in
paragraph (j)(4) of this section, drying, curing, or fusion units
utilizing a heating system having open flames or which may produce
sparks shall not be installed in a spraying area, but may be installed
adjacent thereto when equipped with an interlocked ventilating system
arranged to:
(i) Thoroughly ventilate the drying space before the heating system
can be started;
(ii) Maintain a safe atmosphere at any source of ignition;
(iii) Automatically shut down the heating system in the event of
failure of the ventilating system.
(4) Alternate use permitted. Automobile refinishing spray booths or
enclosures, otherwise installed and maintained in full conformity with
this section, may alternately be used for drying with portable
electrical infrared drying apparatus when conforming with the following:
(i) Interior (especially floors) of spray enclosures shall be kept
free of overspray deposits.
[[Page 297]]
(ii) During spray operations, the drying apparatus and electrical
connections and wiring thereto shall not be located within spray
enclosure nor in any other location where spray residues may be
deposited thereon.
(iii) The spraying apparatus, the drying apparatus, and the
ventilating system of the spray enclosure shall be equipped with
suitable interlocks so arranged that:
(a) The spraying apparatus cannot be operated while the drying
apparatus is inside the spray enclosure.
(b) The spray enclosure will be purged of spray vapors for a period
of not less than 3 minutes before the drying apparatus can be energized.
(c) The ventilating system will maintain a safe atmosphere within
the enclosure during the drying process and the drying apparatus will
automatically shut off in the event of failure of the ventilating
system.
(iv) All electrical wiring and equipment of the drying apparatus
shall conform with the applicable sections of subpart S of this part.
Only equipment of a type approved for Class I, Division 2 hazardous
locations shall be located within 18 inches of floor level. All metallic
parts of the drying apparatus shall be properly electrically bonded and
grounded.
(v) The drying apparatus shall contain a prominently located,
permanently attached warning sign indicating that ventilation should be
maintained during the drying period and that spraying should not be
conducted in the vicinity that spray will deposit on apparatus.
(k) Automobile undercoating in garages. Automobile undercoating
spray operations in garages, conducted in areas having adequate natural
or mechanical ventilation, are exempt from the requirements pertaining
to spray finishing operations, when using undercoating materials not
more hazardous than kerosene (as listed by Underwriters' Laboratories in
respect to fire hazard rating 30-40) or undercoating materials using
only solvents listed as having a flash point in excess of 100 [deg]F.
Undercoating spray operations not conforming to these provisions are
subject to all requirements of this section pertaining to spray
finishing operations.
(l) Powder coating--(1) Electrical and other sources of ignition.
Electrical equipment and other sources of ignition shall conform to the
requirements of paragraphs (c)(1) (i)-(iv), (8) and (9)(i) of this
section and subpart S of this part.
(2) Ventilation. (i) In addition to the provisions of paragraph (d)
of this section, where applicable, exhaust ventilation shall be
sufficient to maintain the atmosphere below the lowest explosive limits
for the materials being applied. All nondeposited air-suspended powders
shall be safely removed via exhaust ducts to the powder recovery cyclone
or receptacle. Each installation shall be designed and operated to meet
the foregoing performance specification.
(ii) Powders shall not be released to the outside atmosphere.
(3) Drying, curing, or fusion equipment. The provisions of the
Standard for ovens and furnaces, NFPA No. 86A-1969 shall apply where
applicable.
(4) Operation and maintenance. (i) All areas shall be kept free of
the accumulation of powder coating dusts, particularly such horizontal
surfaces as ledges, beams, pipes, hoods, booths, and floors.
(ii) Surfaces shall be cleaned in such manner as to avoid scattering
dust to other places or creating dust clouds.
(iii) ``No Smoking'' signs in large letters on contrasting color
background shall be conspicuously posted at all powder coating areas and
powder storage rooms.
(5) Fixed electrostatic spraying equipment. The provisions of
paragraph (h) of this section and other subparagraphs of this paragraph
shall apply to fixed electrostatic equipment, except that electrical
equipment not covered therein shall conform to paragraph (l)(1) of this
section.
(6) Electrostatic hand spraying equipment. The provisions of
paragraph (i) of this section and other subparagraphs of this paragraph,
shall apply to electrostatic handguns when used in powder coating,
except that electrical equipment not covered therein shall conform to
paragraph (l)(1) of this section.
(7) Electrostatic fluidized beds. (i) Electrostatic fluidized beds
and associated equipment shall be of approved types. The maximum surface
temperature of
[[Page 298]]
this equipment in the coating area shall not exceed 150 [deg]F. The high
voltage circuits shall be so designed as to not produce a spark of
sufficient intensity to ignite any powder-air mixtures nor result in
appreciable shock hazard upon coming in contact with a grounded object
under normal operating conditions.
(ii) Transformers, powerpacks, control apparatus, and all other
electrical portions of the equipment, with the exception of the charging
electrodes and their connections to the power supply shall be located
outside of the powder coating area or shall otherwise conform to the
requirements of paragraph (l)(1) of this section.
(iii) All electrically conductive objects within the charging
influence of the electrodes shall be adequately grounded. The powder
coating equipment shall carry a prominent, permanently installed warning
regarding the necessity for grounding these objects.
(iv) Objects being coated shall be maintained in contact with the
conveyor or other support in order to insure proper grounding. Hangers
shall be regularly cleaned to insure effective contact and areas of
contact shall be sharp points or knife edges where possible.
(v) The electrical equipment shall be so interlocked with the
ventilation system that the equipment cannot be operated unless the
ventilation fans are in operation.
(m) Organic peroxides and dual component coatings--(1) Conformance.
All spraying operations involving the use of organic peroxides and other
dual component coatings shall be conducted in approved sprinklered spray
booths meeting the requirements of this section.
(2) Smoking. Smoking shall be prohibited and ``No Smoking'' signs
shall be prominently displayed and only nonsparking tools shall be used
in any area where organic peroxides are stored, mixed or applied.
(n) Scope. This section applies to flammable and combustible
finishing materials when applied as a spray by compressed air,
``airless'' or ``hydraulic atomization,'' steam, electrostatic methods,
or by any other means in continuous or intermittent processes. The
section also covers the application of combustible powders by powder
spray guns, electrostatic powder spray guns, fluidized beds, or
electrostatic fluidized beds. The section does not apply to outdoor
spray application of buildings, tanks, or other similar structures, nor
to small portable spraying apparatus not used repeatedly in the same
location.
[39 FR 23502, June 27, 1974, as amended at 45 FR 60704, Sept. 12, 1980;
49 FR 5322, Feb. 10, 1984; 53 FR 12121, Apr. 12, 1988; 61 FR 9237, Mar.
7, 1996; 72 FR 71069, Dec. 14, 2007; 77 FR 17776, Mar. 26, 2012]
Sec. 1910.108 [Reserved]
Sec. 1910.109 Explosives and blasting agents.
(a) Definitions applicable to this section--(1) Blasting agent.
Blasting agent--any material or mixture, consisting of a fuel and
oxidizer, intended for blasting, not otherwise classified as an
explosive and in which none of the ingredients are classified as an
explosive, provided that the finished product, as mixed and packaged for
use or shipment, cannot be detonated by means of a No. 8 test blasting
cap when unconfined.
(2) Explosive-actuated power devices. Explosive-actuated power
device--any tool or special mechanized device which is actuated by
explosives, but not including propellant-actuated power devices.
Examples of explosive-actuated power devices are jet tappers and jet
perforators.
(3) Explosive. Explosive--any chemical compound, mixture, or device,
the primary or common purpose of which is to function by explosion,
i.e., with substantially instantaneous release of gas and heat, unless
such compound, mixture, or device is otherwise specifically classified
by the U.S. Department of Transportation; see 49 CFR chapter I. The term
``explosives'' shall include all material which is classified as Class
A, Class B, and Class C explosives by the U.S. Department of
Transportation, and includes, but is not limited to dynamite, black
powder, pellet powders, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters, squibs,
cordeau
[[Page 299]]
detonant fuse, instantaneous fuse, igniter cord, igniters, small arms
ammunition, small arms ammunition primers, smokeless propellant,
cartridges for propellant-actuated power devices, and cartridges for
industrial guns. Commercial explosives are those explosives which are
intended to be used in commercial or industrial operations.
Note 1: Classification of explosives is described by the U.S.
Department of Transportation as follows (see 49 CFR chapter I):
(i) Class A explosives. Possessing, detonating, or otherwise maximum
hazard; such as dynamite, nitroglycerin, picric acid, lead azide,
fulminate of mercury, black powder, blasting caps, and detonating
primers.
(ii) Class B explosives. Possessing flammable hazard, such as
propellant explosives (including some smokeless propellants),
photographic flash powders, and some special fireworks.
(iii) Class C explosives. Includes certain types of manufactured
articles which contain Class A or Class B explosives, or both, as
components but in restricted quantities.
(iv) Forbidden or not acceptable explosives. Explosives which are
forbidden or not acceptable for transportation by common carriers by
rail freight, rail express, highway, or water in accordance with the
regulations of the U.S. Department of Transportation, 49 CFR chapter I.
(4) Highway. Highway--any public street, public alley, or public
road.
(5) [Reserved]
(6) Magazine. Magazine--any building or structure, other than an
explosives manufacturing building, used for the storage of explosives.
(7) Motor vehicle. Motor vehicle--any self-propelled vehicle, truck,
tractor, semitrailer, or truck-full trailers used for the transportation
of freight over public highways.
(8) Propellant-actuated power devices. Propellant-actuated power
devices--any tool or special mechanized device or gas generator system
which is actuated by a smokeless propellant or which releases and
directs work through a smokeless propellant charge.
(9) [Reserved]
(10) Pyrotechnics. Pyrotechnics--any combustible or explosive
compositions or manufactured articles designed and prepared for the
purpose of producing audible or visible effects which are commonly
referred to as fireworks.
(11) [Reserved]
(12) Semiconductive hose. Semiconductive hose--a hose with an
electrical resistance high enough to limit flow of stray electric
currents to safe levels, yet not so high as to prevent drainage of
static electric charges to ground; hose of not more than 2 megohms
resistance over its entire length and of not less than 5,000 ohms per
foot meets the requirement.
(13) Small arms ammunition. Small arms ammunition--any shotgun,
rifle, pistol, or revolver cartridge, and cartridges for propellant-
actuated power devices and industrial guns. Military-type ammunition
containing explosive-bursting charges, incendiary, tracer, spotting, or
pyrotechnic projectiles is excluded from this definition.
(14) Small arms ammunition primers. Small arms ammunition primers--
small percussion-sensitive explosive charges, encased in a cup, used to
ignite propellant powder.
(15) Smokeless propellants. Smokeless propellants--solid
propellants, commonly called smokeless powders in the trade, used in
small arms ammunition, cannon, rockets, propellant-actuated power
devices, etc.
(16) Special industrial explosives devices. Special industrial
explosives devices--explosive-actuated power devices and propellant-
actuated power devices.
(17) Special industrial explosives materials. Special industrial
explosives materials--shaped materials and sheet forms and various other
extrusions, pellets, and packages of high explosives, which include
dynamite, trinitrotoluene (TNT), pentaerythritol tetranitrate (PETN),
hexahydro-1,3,5-trinitro-s-triazine (RDX), and other similar compounds
used for high-energy-rate forming, expanding, and shaping in metal
fabrication, and for dismemberment and quick reduction of scrap metal.
(18) Water gels or slurry explosives. These comprise a wide variety
of materials used for blasting. They all contain substantial proportions
of water and high proportions of ammonium nitrate, some of which is in
solution in the
[[Page 300]]
water. Two broad classes of water gels are (i) those which are
sensitized by a material classed as an explosive, such as TNT or
smokeless powder, (ii) those which contain no ingredient classified as
an explosive; these are sensitized with metals such as aluminum or with
other fuels. Water gels may be premixed at an explosives plant or mixed
at the site immediately before delivery into the borehole.
(19) DOT specifications. Regulations of the Department of
Transportation published in 49 CFR chapter I.
(b) Miscellaneous provisions--(1) General hazard. No person shall
store, handle, or transport explosives or blasting agents when such
storage, handling, and transportation of explosives or blasting agents
constitutes an undue hazard to life.
(2) [Reserved]
(c) Storage of explosives--(1) General provisions. (i) All Class A,
Class B, Class C explosives, and special industrial explosives, and any
newly developed and unclassified explosives, shall be kept in magazines
which meet the requirements of this paragraph.
(ii) Blasting caps, electric blasting caps, detonating primers, and
primed cartridges shall not be stored in the same magazine with other
explosives.
(iii) Ground around magazines shall slope away for drainage. The
land surrounding magazines shall be kept clear of brush, dried grass,
leaves, and other materials for a distance of at least 25 feet.
(iv) Magazines as required by this paragraph shall be of two
classes; namely, Class I magazines, and Class II magazines.
(v) Class I magazines shall be required where the quantity of
explosives stored is more than 50 pounds. Class II magazines may be used
where the quantity of explosives stored is 50 pounds or less.
(vi) Class I magazines shall be located away from other magazines in
conformity with Table H-21.
Table H-21--American Table of Distances for Storage of Explosives \1-5\
[As revised and approved by the Institute of Makers of Explosives, June
5, 1964]
------------------------------------------------------------------------
Explosives Distances in feet when
------------------------------------------------ storage is barricaded:
Pounds over Pounds not over Separation of magazines
------------------------------------------------------------------------
2 5 6
5 10 8
10 20 10
20 30 11
30 40 12
40 50 14
50 75 15
75 100 16
100 125 18
125 150 19
150 200 21
200 250 23
250 300 24
300 400 27
400 500 29
500 600 31
600 700 32
700 800 33
800 900 35
900 1,000 36
1,000 1,200 39
1,200 1,400 41
1,400 1,600 43
1,600 1,800 44
1,800 2,000 45
2,000 2,500 49
2,500 3,000 52
3,000 4,000 58
4,000 5,000 61
5,000 6,000 65
6,000 7,000 68
7,000 8,000 72
8,000 9,000 75
9,000 10,000 78
10,000 12,000 82
12,000 14,000 87
14,000 16,000 90
16,000 18,000 94
18,000 20,000 98
20,000 25,000 105
25,000 30,000 112
30,000 35,000 119
35,000 40,000 124
40,000 45,000 129
45,000 50,000 135
50,000 55,000 140
55,000 60,000 145
60,000 65,000 150
65,000 70,000 155
70,000 75,000 160
75,000 80,000 165
80,000 85,000 170
85,000 90,000 175
90,000 95,000 180
95,000 100,000 185
100,000 110,000 195
110,000 120,000 205
120,000 130,000 215
130,000 140,000 225
140,000 150,000 235
150,000 160,000 245
160,000 170,000 255
170,000 180,000 265
180,000 190,000 275
190,000 200,000 285
[[Page 301]]
200,000 210,000 295
210,000 230,000 315
230,000 250,000 335
250,000 275,000 360
275,000 300,000 385
------------------------------------------------------------------------
\1\ ``Natural barricade'' means natural features of the ground, such as
hills, or timber of sufficient density that the surrounding exposures
which require protection cannot be seen from the magazine when the
trees are bare of leaves.
\2\ ``Artificial barricade'' means an artificial mound or revetted wall
of earth of a minimum thickness of three feet.
\3\ ``Barricaded'' means that a building containing explosives is
effectually screened from a magazine, building, railway, or highway,
either by a natural barricade, or by an artificial barricade of such
height that a straight line from the top of any sidewall of the
building containing explosives to the eave line of any magazine, or
building, or to a point 12 feet above the center of a railway or
highway, will pass through such intervening natural or artificial
barricade.
\4\ When two or more storage magazines are located on the same property,
each magazine must comply with the minimum distances specified from
inhabited buildings, railways, and highways, and in addition, they
should be separated from each other by not less than the distances
shown for ``Separation of Magazines,'' except that the quantity of
explosives contained in cap magazines shall govern in regard to the
spacing of said cap magazines from magazines containing other
explosives. If any two or more magazines are separated from each other
by less than the specified ``Separation of Magazines'' distances, then
such two or more magazines, as a group, must be considered as one
magazine, and the total quantity of explosives stored in such group
must be treated as if stored in a single magazine located on the site
of any magazine of the group, and must comply with the minimum of
distances specified from other magazines, inhabited buildings,
railways, and highways.
\5\ This table applies only to the permanent storage of commercial
explosives. It is not applicable to transportation of explosives, or
any handling or temporary storage necessary or incident thereto. It is
not intended to apply to bombs, projectiles, or other heavily encased
explosives.
(vii) Except as provided in subdivision (viii) of this subparagraph,
class II magazines shall be located in conformity with Table H-21, but
may be permitted in warehouses and in wholesale and retail
establishments when located on a floor which has an entrance at outside
grade level and the magazine is located not more than 10 feet from such
an entrance. Two class II magazines may be located in the same building
when one is used only for blasting caps in quantities not in excess of
5,000 caps and a distance of 10 feet is maintained between magazines.
(viii) When used for temporary storage at a site for blasting
operations, class II magazines shall be located away from other
magazines. A distance of at least one hundred and fifty (150) feet shall
be maintained between class II magazines and the work in progress when
the quantity of explosives kept therein is in excess of 25 pounds, and
at least 50 feet when the quantity of explosives is 25 pounds, or less.
(ix) This paragraph (c) does not apply to:
(a) Stocks of small arms ammunition, propellant-actuated power
cartridges, small arms ammunition primers in quantities of less than
750,000, or of smokeless propellants in quantities less than 750 pounds;
(b) Explosive-actuated power devices when in quantities less than 50
pounds net weight of explosives;
(c) Fuse lighters and fuse igniters;
(d) Safety fuses other than cordeau detonant fuses.
(2) Construction of magazines--general. (i) Magazines shall be
constructed in conformity with the provisions of this paragraph.
(ii) Magazines for the storage of explosives, other than black
powder, Class B and Class C explosives shall be bullet resistant,
weather resistant, fire resistant, and ventilated sufficiently to
protect the explosive in the specific locality. Magazines used only for
storage of black powder, Class B and Class C explosives shall be weather
resistant, fire-resistant, and have ventilation. Magazines for storage
of blasting and electric blasting caps shall be weather resistant, fire-
resistant, and ventilated.
(iii) Property upon which Class I magazines are located and property
where Class II magazines are located outside of buildings shall be
posted with signs reading ``Explosives--Keep Off.''
(iv) Magazines requiring heat shall be heated by either hot-water
radiant heating with the magazine building; or air directed into the
magazine building over either hot water or low pressure steam (15
p.s.i.g.) coils located outside the magazine building.
(v) The magazine heating systems shall meet the following
requirements:
(a) The radiant heating coils within the building shall be installed
in such a manner that the explosives or explosives containers cannot
contact the
[[Page 302]]
coils and air is free to circulate between the coils and the explosives
or explosives containers.
(b) The heating ducts shall be installed in such a manner that the
hot-air discharge from the duct is not directed against the explosives
or explosives containers.
(c) The heating device used in connection with a magazine shall have
controls which prevent the ambient building temperature from exceeding
130 [deg]F.
(d) The electric fan or pump used in the heating system for a
magazine shall be mounted outside and separate from the wall of the
magazine and shall be grounded.
(e) The electric fan motor and the controls for electrical heating
devices used in heating water or steam shall have overloads and
disconnects, which comply with subpart S of this part. All electrical
switch gear shall be located a minimum distance of 25 feet from the
magazine.
(f) The heating source for water or steam shall be separated from
the magazine by a distance of not less than 25 feet when electrical and
50 feet when fuel fired. The area between the heating unit and the
magazine shall be cleared of all combustible materials.
(g) The storage of explosives and explosives containers in the
magazine shall allow uniform air circulation so product temperature
uniformity can be maintained.
(vi) When lights are necessary inside the magazine, electric safety
flashlight, or electric safety lanterns shall be used.
(3) Construction of Class I magazines. (i) Class I magazines shall
be of masonry construction or of wood or of metal construction, or a
combination of these types. Thickness of masonry units shall not be less
than 8 inches. Hollow masonry units used in construction required to be
bullet resistant shall have all hollow spaces filled with weak cement or
well-tamped sand. Wood constructed walls, required to be bullet
resistant, shall have at least a 6-inch space between interior and
exterior sheathing and the space between sheathing shall be filled with
well-tamped sand. Metal wall construction, when required to be bullet
resistant, shall be lined with brick at least 4 inches in thickness or
shall have at least a 6-inch sandfill between interior and exterior
walls.
(ii) Floors and roofs of masonry magazines may be of wood
construction. Wood floors shall be tongue and grooved lumber having a
nominal thickness of 1 inch.
(iii) Roofs required to be bullet resistant shall be protected by a
sand tray located at the line of eaves and covering the entire area
except that necessary for ventilation. Sand in the sand tray shall be
maintained at a depth of not less than 4 inches.
(iv) All wood at the exterior of magazines, including eaves, shall
be protected by being covered with black or galvanized steel or aluminum
metal of thickness of not less than No. 26 gage. All nails exposed to
the interior of magazines shall be well countersunk.
(v) Foundations for magazines shall be of substantial construction
and arranged to provide good cross ventilation.
(vi) Magazines shall be ventilated sufficiently to prevent dampness
and heating of stored explosives. Ventilating openings shall be screened
to prevent the entrance of sparks.
(vii) Openings to magazines shall be restricted to that necessary
for the placement and removal of stocks of explosives. Doors for
openings in magazines for Class A explosives shall be bullet resistant.
Doors for magazines not required to be bullet resistant shall be
designed to prevent unauthorized entrance to the magazine.
(viii) [Reserved]
(ix) Provisions shall be made to prevent the piling of stocks of
explosives directly against masonry walls, brick-lined or sand-filled
metal walls and single-thickness metal walls; such protection, however,
shall not interfere with proper ventilation at the interior of side and
end walls.
(4) Construction of Class II magazines. (i) Class II magazines shall
be of wood or metal construction, or a combination thereof.
(ii) Wood magazines of this class shall have sides, bottom, and
cover constructed of 2-inch hardwood boards well braced at corners and
protected by being entirely covered with sheet
[[Page 303]]
metal of not less than No. 20 gage. All nails exposed to the interior of
the magazine shall be well countersunk. All metal magazines of this
class shall have sides, bottom, and cover constructed of sheet metal,
and shall be lined with three-eighths-inch plywood or equivalent. Edges
of metal covers shall overlap sides at least 1 inch.
(iii) Covers for both wood- and metal-constructed magazines of this
class shall be provided with substantial strap hinges and shall be
provided with substantial means for locking.
(iv) Magazines of this class shall be painted red and shall bear
lettering in white, on all sides and top, at least 3 inches high,
``Explosives--Keep Fire Away.'' Class II magazines when located in
warehouses, and in wholesale and retail establishments shall be provided
with substantial wheels or casters to facilitate easy removal in the
case of fire. Where necessary due to climatic conditions, Class II
magazines shall be ventilated.
(5) Storage within magazines. (i) Packages of explosives shall be
laid flat with top side up. Black powder when stored in magazines with
other explosives shall be stored separately. Black powder stored in kegs
shall be stored on ends, bungs down, or on side, seams down.
Corresponding grades and brands shall be stored together in such a
manner that brands and grade marks show. All stocks shall be stored so
as to be easily counted and checked. Packages of explosives shall be
piled in a stable manner. When any kind of explosive is removed from a
magazine for use, the oldest explosive of that particular kind shall
always be taken first.
(ii) Packages of explosives shall not be unpacked or repacked in a
magazine nor within 50 feet of a magazine or in close proximity to other
explosives. Tools used for opening packages of explosives shall be
constructed of nonsparking materials, except that metal slitters may be
used for opening fiberboard boxes. A wood wedge and a fiber, rubber, or
wood mallet shall be used for opening or closing wood packages of
explosives. Opened packages of explosives shall be securely closed
before being returned to a magazine.
(iii) Magazines shall not be used for the storage of any metal tools
nor any commodity except explosives, but this restriction shall not
apply to the storage of blasting agents and blasting supplies.
(iv) Magazine floors shall be regularly swept, kept clean, dry, free
of grit, paper, empty used packages, and rubbish. Brooms and other
cleaning utensils shall not have any spark-producing metal parts.
Sweepings from floors of magazines shall be properly disposed of.
Magazine floors stained with nitroglycerin shall be cleaned according to
instructions by the manufacturer.
(v) When any explosive has deteriorated to an extent that it is in
an unstable or dangerous condition, or if nitroglycerin leaks from any
explosives, then the person in possession of such explosive shall
immediately proceed to destroy such explosive in accordance with the
instructions of the manufacturer. Only experienced persons shall be
allowed to do the work of destroying explosives.
(vi) When magazines need inside repairs, all explosives shall be
removed therefrom and the floors cleaned. In making outside repairs, if
there is a possibility of causing sparks or fire the explosives shall be
removed from the magazine. Explosives removed from a magazine under
repair shall either be placed in another magazine or placed a safe
distance from the magazine where they shall be properly guarded and
protected until repairs have been completed, when they shall be returned
to the magazine.
(vii) Smoking, matches, open flames, spark-producing devices, and
firearms (except firearms carried by guards) shall not be permitted
inside of or within 50 feet of magazines. The land surrounding a
magazine shall be kept clear of all combustible materials for a distance
of at least 25 feet. Combustible materials shall not be stored within 50
feet of magazines.
(viii) Magazines shall be in the charge of a competent person at all
times and who shall be held responsible for the enforcement of all
safety precautions.
[[Page 304]]
(ix) Explosives recovered from blasting misfires shall be placed in
a separate magazine until competent personnel has determined from the
manufacturer the method of disposal. Caps recovered from blasting
misfires shall not be reused. Such explosives and caps shall then be
disposed of in the manner recommended by the manufacturer.
(d) Transportation of explosives--(1) General provisions. (i) No
employee shall be allowed to smoke, carry matches or any other flame-
producing device, or carry any firearms or loaded cartridges while in or
near a motor vehicle transporting explosives; or drive, load, or unload
such vehicle in a careless or reckless manner.
(ii) [Reserved]
(iii) Explosives shall not be transferred from one vehicle to
another within the confines of any jurisdiction (city, county, State, or
other area) without informing the fire and police departments thereof.
In the event of breakdown or collision the local fire and police
departments shall be promptly notified to help safeguard such
emergencies. Explosives shall be transferred from the disabled vehicle
to another only, when proper and qualified supervision is provided.
(iv) Blasting caps or electric blasting caps shall not be
transported over the highways on the same vehicles with other
explosives, unless packaged, segregated, and transported in accordance
with the Department of Transportation's Hazardous Materials Regulations
(49 CFR parts 177-180).
(2) Transportation vehicles. (i) Vehicles used for transporting
explosives shall be strong enough to carry the load without difficulty
and be in good mechanical condition. If vehicles do not have a closed
body, the body shall be covered with a flameproof and moistureproof
tarpaulin or other effective protection against moisture and sparks. All
vehicles used for the transportation of explosives shall have tight
floors and any exposed spark-producing metal on the inside of the body
shall be covered with wood or other nonsparking materials to prevent
contact with packages of explosives. Packages of explosives shall not be
loaded above the sides of an open-body vehicle.
(ii) Every vehicle used for transporting explosives and oxidizing
materials listed in paragraph (d)(2)(ii)(a) of this section shall be
marked as follows:
(a) Exterior markings or placards required on applicable vehicles
shall be as follows for the various classes of commodities:
------------------------------------------------------------------------
Commodity Type of marking or placard
------------------------------------------------------------------------
Explosives, Class A, any quantity or a Explosives A (Red letters on
combination of Class A and Class B white background).
explosives.
Explosives, Class B, and quantity......... Explosives B (Red letters on
white background).
Oxidizing material (blasting agents, Oxidizers (Yellow letters on
ammonium nitrate, etc.), 1,000 pounds or black background).
more gross weight.
------------------------------------------------------------------------
(b) [Reserved]
(c) Such markings or placards shall be displayed at the front, rear,
and on each side of the motor vehicle or trailer, or other cargo
carrying body while it contains explosives or other dangerous articles
of such type and in such quantity as specified in paragraph
(d)(1)(ii)(a) of this subdivision. The front marking or placard may be
displayed on the front of either the truck, truck body, truck tractor or
the trailer.
(d) Any motor vehicle, trailer, or other cargo-carrying body
containing more than one kind of explosive as well as an oxidizing
material requiring a placard under the provisions of paragraph
(d)(2)(ii)(a), the aggregate gross weight of which totals 1,000 pounds
or more, shall be marked or placarded ``Dangerous'' as well as
``Explosive A'' or ``Explosive B'' as appropriate. If explosives Class A
and explosives Class B are loaded on the same vehicle, the ``Explosives
B'' marking need not be displayed.
(e) In any combination of two or more vehicles containing explosives
or other dangerous articles each vehicle shall be marked or placarded as
to its contents and in accordance with paragraphs (d)(2)(ii) (a) and (c)
of this subdivision.
(iii) Each motor vehicle used for transporting explosives shall be
equipped with a minimum of two extinguishers, each having a rating of at
least 10-BC.
[[Page 305]]
(a) Only extinguishers listed or approved by a nationally recognized
testing laboratory shall be deemed suitable for use on explosives-
carrying vehicles. Refer to Sec. 1910.155(c)(3)(iv)(A) for definition
of listed, and Sec. 1910.7 for nationally recognized testing
laboratory.
(b) Extinguishers shall be filled and ready for immediate use and
located near the driver's seat. Extinguishers shall be examined
periodically by a competent person.
(iv) A motor vehicle used for transporting explosives shall be given
the following inspection to determine that it is in proper condition for
safe transportation of explosives:
(a) Fire extinguishers shall be filled and in working order.
(b) All electrical wiring shall be completely protected and securely
fastened to prevent short-circuiting.
(c) Chassis, motor, pan, and underside of body shall be reasonably
clean and free of excess oil and grease.
(d) Fuel tank and feedline shall be secure and have no leaks.
(e) Brakes, lights, horn, windshield wipers, and steering apparatus
shall function properly.
(f) Tires shall be checked for proper inflation and defects.
(g) The vehicle shall be in proper condition in every other respect
and acceptable for handling explosives.
(3) Operation of transportation vehicles. (i) Vehicles transporting
explosives shall only be driven by and be in the charge of a driver who
is familiar with the traffic regulations, State laws, and the provisions
of this section.
(ii) Except under emergency conditions, no vehicle transporting
explosives shall be parked before reaching its destination, even though
attended, on any public street adjacent to or in proximity to any place
where people work.
(iii) Every motor vehicle transporting any quantity of Class A or
Class B explosives shall, at all times, be attended by a driver or other
attendant of the motor carrier. This attendant shall have been made
aware of the class of the explosive material in the vehicle and of its
inherent dangers, and shall have been instructed in the measures and
procedures to be followed in order to protect the public from those
dangers. He shall have been made familiar with the vehicle he is
assigned, and shall be trained, supplied with the necessary means, and
authorized to move the vehicle when required.
(a) For the purpose of this subdivision, a motor vehicle shall be
deemed ``attended'' only when the driver or other attendant is
physically on or in the vehicle, or has the vehicle within his field of
vision and can reach it quickly and without any kind of interference
``attended'' also means that the driver or attendant is awake, alert,
and not engaged in other duties or activities which may divert his
attention from the vehicle, except for necessary communication with
public officers, or representatives of the carrier shipper, or
consignee, or except for necessary absence from the vehicle to obtain
food or to provide for his physical comfort.
(b) However, an explosive-laden vehicle may be left unattended if
parked within a securely fenced or walled area with all gates or
entrances locked where parking of such vehicle is otherwise permissible,
or at a magazine site established solely for the purpose of storing
explosives.
(iv) No spark-producing metal, spark-producing metal tools, oils,
matches, firearms, electric storage batteries, flammable substances,
acids, oxidizing materials, or corrosive compounds shall be carried in
the body of any motor truck and/or vehicle transporting explosives,
unless the loading of such dangerous articles and the explosives comply
with U.S. Department of Transportation regulations.
(v) Vehicles transporting explosives shall avoid congested areas and
heavy traffic. Where routes through congested areas have been designated
by local authorities such routes shall be followed.
(vi) Delivery shall only be made to authorized persons and into
authorized magazines or authorized temporary storage or handling areas.
(e) Use of explosives and blasting agents--(1) General provisions.
(i) While explosives are being handled or used, smoking shall not be
permitted and no one near the explosives shall possess matches, open
light or other fire or flame. No person shall be allowed to
[[Page 306]]
handle explosives while under the influence of intoxicating liquors,
narcotics, or other dangerous drugs.
(ii) Original containers or Class II magazines shall be used for
taking detonators and other explosives from storage magazines to the
blasting area.
(iii) When blasting is done in congested areas or in close proximity
to a structure, or any other installation that may be damaged, the blast
shall be covered before firing with a mat constructed so that it is
capable of preventing fragments from being thrown.
(iv) Persons authorized to prepare explosive charges or conduct
blasting operations shall use every reasonable precaution, including but
not limited to warning signals, flags, barricades, or woven wire mats to
insure the safety of the general public and workmen.
(v) Blasting operations shall be conducted during daylight hours.
(vi) Whenever blasting is being conducted in the vicinity of gas,
electric, water, fire alarm, telephone, telegraph, and steam utilities,
the blaster shall notify the appropriate representatives of such
utilities at least 24 hours in advance of blasting, specifying the
location and intended time of such blasting. Verbal notice shall be
confirmed with written notice.
(vii) Due precautions shall be taken to prevent accidental discharge
of electric blasting caps from current induced by radar, radio
transmitters, lightning, adjacent powerlines, dust storms, or other
sources of extraneous electricity. These precautions shall include:
(a) The suspension of all blasting operations and removal of persons
from the blasting area during the approach and progress of an electric
storm.
(b) The posting of signs warning against the use of mobile radio
transmitters on all roads within 350 feet of the blasting operations.
(2) Storage at use sites. (i) Empty containers and paper and fiber
packing materials which have previously contained explosive materials
shall be disposed of in a safe manner, or reused in accordance with the
Department of Transportation's Hazardous Materials Regulations (49 CFR
parts 177-180).
(ii) Containers of explosives shall not be opened in any magazine or
within 50 feet of any magazine. In opening kegs or wooden cases, no
sparking metal tools shall be used; wooden wedges and either wood, fiber
or rubber mallets shall be used. Nonsparking metallic slitters may be
used for opening fiberboard cases.
(iii) Explosives or blasting equipment that are obviously
deteriorated or damaged shall not be used.
(iv) No explosives shall be abandoned.
(3) Loading of explosives in blast holes. (i) All drill holes shall
be sufficiently large to admit freely the insertion of the cartridges of
explosives.
(ii) Tamping shall be done only with wood rods without exposed metal
parts, but nonsparking metal connectors may be used for jointed poles.
Violent tamping shall be avoided. Primed cartridges shall not be tamped.
(iii) When loading blasting agents pneumatically over electric
blasting caps, semiconductive delivery hose shall be used and the
equipment shall be bonded and grounded.
(iv) No holes shall be loaded except those to be fired in the next
round of blasting. After loading, all remaining explosives shall be
immediately returned to an authorized magazine.
(v) Drilling shall not be started until all remaining butts of old
holes are examined with a wooden stick for unexploded charges, and if
any are found, they shall be refired before work proceeds.
(vi) No person shall be allowed to deepen drill holes which have
contained explosives.
(vii) After loading for a blast is completed, all excess blasting
caps or electric blasting caps and other explosives shall immediately be
returned to their separate storage magazines.
(4) Initiation of explosive charges.
(i) [Reserved]
(ii) When fuse is used, the blasting cap shall be securely attached
to the safety fuse with a standard-ring type cap crimper. All primers
shall be assembled at least 50 feet from any magazine.
(iii) Primers shall be made up only as required for each round of
blasting.
(iv) No blasting cap shall be inserted in the explosives without
first making a hole in the cartridge for the cap with a wooden punch of
proper size or standard cap crimper.
[[Page 307]]
(v) Explosives shall not be extracted from a hole that has once been
charged or has misfired unless it is impossible to detonate the
unexploded charge by insertion of a fresh additional primer.
(vi) If there are any misfires while using cap and fuse, all persons
shall be required to remain away from the charge for at least 1 hour. If
electric blasting caps are used and a misfire occurs, this waiting
period may be reduced to 30 minutes. Misfires shall be handled under the
direction of the person in charge of the blasting and all wires shall be
carefully traced and search made for unexploded charges.
(vii) Blasters, when testing circuits to charged holes, shall use
only blasting galvanometers designed for this purpose.
(viii) Only the employee making leading wire connections in
electrical firing shall be allowed to fire the shot. Leading wires shall
remain shorted and not be connected to the blasting machine or other
source of current until the charge is to be fired.
(5) Warning required. Before a blast is fired, the employer shall
require that a loud warning signal be given by the person in charge, who
has made certain that all surplus explosives are in a safe place, all
persons and vehicles are at a safe distance or under sufficient cover,
and that an adequate warning has been given.
(f) Explosives at piers, railway stations, and cars or vessels not
otherwise specified in this standard--(1) Railway cars. Except in an
emergency and with permission of the local authority, no person shall
have or keep explosives in a railway car unless said car and contents
and methods of loading are in accordance with the U.S. Department of
Transportation Regulations for the Transportation of Explosives, 49 CFR
chapter I.
(2) Packing and marking. No person shall deliver any explosive to
any carrier unless such explosive conforms in all respects, including
marking and packing, to the U.S. Department of Transportation
Regulations for the Transportation of Explosives.
(3) Marking cars. Every railway car containing explosives which has
reached its designation, or is stopped in transit so as no longer to be
in interstate commerce, shall have attached to both sides and ends of
the car, cards with the words ``Explosives--Handle Carefully--Keep Fire
Away'' in red letters at least 1\1/2\ inches high on a white background.
(4) Storage. Any explosives at a railway facility, truck terminal,
pier, wharf harbor facility, or airport terminal whether for delivery to
a consignee, or forwarded to some other destination shall be kept in a
safe place, isolated as far as practicable and in such manner that they
can be easily and quickly removed.
(5) Hours of transfer. Explosives shall not be delivered to or
received from any railway station, truck terminal, pier, wharf, harbor
facility, or airport terminal between the hours of sunset and sunrise.
(g) Blasting agents--(1) General. Unless otherwise set forth in this
paragraph, blasting agents, excluding water gels, shall be transported,
stored, and used in the same manner as explosives. Water gels are
covered in paragraph (h) of this section.
(2) Fixed location mixing. (i) [Reserved]
(ii) Buildings used for the mixing of blasting agents shall conform
to the requirements of this section.
(a) Buildings shall be of noncombustible construction or sheet metal
on wood studs.
(b) Floors in a mixing plant shall be of concrete or of other
nonabsorbent materials.
(c) All fuel oil storage facilities shall be separated from the
mixing plant and located in such a manner that in case of tank rupture,
the oil will drain away from the mixing plant building.
(d) The building shall be well ventilated.
(e) Heating units which do not depend on combustion processes, when
properly designed and located, may be used in the building. All direct
sources of heat shall be provided exclusively from units located outside
the mixing building.
(f) All internal-combustion engines used for electric power
generation shall be located outside the mixing plant building, or shall
be properly ventilated and isolated by a firewall. The exhaust systems
on all such engines shall
[[Page 308]]
be located so any spark emission cannot be a hazard to any materials in
or adjacent to the plant.
(iii) Equipment used for mixing blasting agents shall conform to the
requirements of this subdivision.
(a) The design of the mixer shall minimize the possibility of
frictional heating, compaction, and especially confinement. All bearings
and drive assemblies shall be mounted outside the mixer and protected
against the accumulation of dust. All surfaces shall be accessible for
cleaning.
(b) Mixing and packaging equipment shall be constructed of materials
compatible with the fuel-ammonium nitrate composition.
(c) Suitable means shall be provided to prevent the flow of fuel oil
to the mixer in case of fire. In gravity flow systems an automatic
spring-loaded shutoff valve with fusible link shall be installed.
(iv) The provisions of this subdivision shall be considered when
determining blasting agent compositions.
(a) The sensitivity of the blasting agent shall be determined by
means of a No. 8 test blasting cap at regular intervals and after every
change in formulation.
(b) Oxidizers of small particle size, such as crushed ammonium
nitrate prills or fines, may be more sensitive than coarser products and
shall, therefore, be handled with greater care.
(c) No hydrocarbon liquid fuel with flashpoint lower than that of
No. 2 diesel fuel oil 125 [deg]F. minimum shall be used.
(d) Crude oil and crankcase oil shall not be used.
(e) Metal powders such as aluminum shall be kept dry and shall be
stored in containers or bins which are moisture-resistant or
weathertight. Solid fuels shall be used in such manner as to minimize
dust explosion hazards.
(f) Peroxides and chlorates shall not be used.
(v) All electrical switches, controls, motors, and lights located in
the mixing room shall conform to the requirements in subpart S of this
part for Class II, Division 2 locations; otherwise they shall be located
outside the mixing room. The frame of the mixer and all other equipment
that may be used shall be electrically bonded and be provided with a
continuous path to the ground.
(vi) Safety precautions at mixing plants shall include the
requirements of this subdivision.
(a) Floors shall be constructed so as to eliminate floor drains and
piping into which molten materials could flow and be confined in case of
fire.
(b) The floors and equipment of the mixing and packaging room shall
be cleaned regularly and thoroughly to prevent accumulation of oxidizers
or fuels and other sensitizers.
(c) The entire mixing and packaging plant shall be cleaned regularly
and thoroughly to prevent excessive accumulation of dust.
(d) Smoking, matches, open flames, spark-producing devices, and
firearms (except firearms carried by guards) shall not be permitted
inside of or within 50 feet of any building or facility used for the
mixing of blasting agents.
(e) The land surrounding the mixing plant shall be kept clear of
brush, dried grass, leaves, and other materials for a distance of at
least 25 feet.
(f) Empty ammonium nitrate bags shall be disposed of daily in a safe
manner.
(g) No welding shall be permitted or open flames used in or around
the mixing or storage area of the plant unless the equipment or area has
been completely washed down and all oxidizer material removed.
(h) Before welding or repairs to hollow shafts, all oxidizer
material shall be removed from the outside and inside of the shaft and
the shaft vented with a minimum one-half inch diameter opening.
(i) Explosives shall not be permitted inside of or within 50 feet of
any building or facility used for the mixing of blasting agents.
(3) Bulk delivery and mixing vehicles. (i) The provisions of this
paragraph shall apply to off-highway private operations as well as to
all public highway movements.
(ii) A bulk vehicle body for delivering and mixing blasting agents
shall conform with the requirements of this paragraph (ii).
[[Page 309]]
(a) The body shall be constructed of noncombustible materials.
(b) Vehicles used to transport bulk premixed blasting agents on
public highways shall have closed bodies.
(c) All moving parts of the mixing system shall be designed as to
prevent a heat buildup. Shafts or axles which contact the product shall
have outboard bearings with 1-inch minimum clearance between the
bearings and the outside of the product container. Particular attention
shall be given to the clearances on all moving parts.
(d) A bulk delivery vehicle shall be strong enough to carry the load
without difficulty and be in good mechanical condition.
(iii) Operation of bulk delivery vehicles shall conform to the
requirements of this subdivision. These include the placarding
requirements as specified by Department of Transportation.
(a) The operator shall be trained in the safe operation of the
vehicle together with its mixing, conveying, and related equipment. The
employer shall assure that the operator is familiar with the commodities
being delivered and the general procedure for handling emergency
situations.
(b) The hauling of either blasting caps or other explosives but not
both, shall be permitted on bulk trucks provided that a special wood or
nonferrous-lined container is installed for the explosives. Such
blasting caps or other explosives shall be in DOT-specified shipping
containers: see 49 CFR chapter I.
(c) No person shall smoke, carry matches or any flame-producing
device, or carry any firearms while in or about bulk vehicles effecting
the mixing transfer or down-the-hole loading of blasting agents at or
near the blasting site.
(d) Caution shall be exercised in the movement of the vehicle in the
blasting area to avoid driving the vehicle over or dragging hoses over
firing lines, cap wires, or explosive materials. The employer shall
assure that the driver, in moving the vehicle, has assistance of a
second person to guide his movements.
(e) No intransit mixing of materials shall be performed.
(iv) Pneumatic loading from bulk delivery vehicles into blastholes
primed with electric blasting caps or other static-sensitive systems
shall conform to the requirements of this subdivision.
(a) A positive grounding device shall be used to prevent the
accumulation of static electricity.
(b) A discharge hose shall be used that has a resistance range that
will prevent conducting stray currents, but that is conductive enough to
bleed off static buildup.
(c) A qualified person shall evaluate all systems to determine if
they will adequately dissipate static under potential field conditions.
(v) Repairs to bulk delivery vehicles shall conform to the
requirements of this section.
(a) No welding or open flames shall be used on or around any part of
the delivery equipment unless it has been completely washed down and all
oxidizer material removed.
(b) Before welding or making repairs to hollow shafts, the shaft
shall be thoroughly cleaned inside and out and vented with a minimum
one-half-inch diameter opening.
(4) Bulk storage bins. (i) The bin, including supports, shall be
constructed of compatible materials, waterproof, and adequately
supported and braced to withstand the combination of all loads including
impact forces arising from product movement within the bin and
accidental vehicle contact with the support legs.
(ii) The bin discharge gate shall be designed to provide a closure
tight enough to prevent leakage of the stored product. Provision shall
also be made so that the gate can be locked.
(iii) Bin loading manways or access hatches shall be hinged or
otherwise attached to the bin and be designed to permit locking.
(iv) Any electrically driven conveyors for loading or unloading bins
shall conform to the requirements of subpart S of this part. They shall
be designed to minimize damage from corrosion.
(v) Bins containing blasting agent shall be located, with respect to
inhabited buildings, passenger railroads, and public highways, in
accordance with Table-21 and separation from other
[[Page 310]]
blasting agent storage and explosives storage shall be in conformity
with Table H-22.
(vi) Bins containing ammonium nitrate shall be separated from
blasting agent storage and explosives storage in conformity with Table
H-22.
Table H-22--Table of Recommended Separation Distances of Ammonium
Nitrate and Blasting Agents From Explosives or Blasting Agents \1-6\
------------------------------------------------------------------------
Donor weight Minimum separation distance
-------------------------- of receptor when barricaded Minimum
\2\ (ft.) thickness of
Pounds not ------------------------------ artificial
Pounds over over Ammonium Blasting barricades \5\
nitrate \3\ agent \4\ (in.)
------------------------------------------------------------------------
100 3 11 12
100 300 4 14 12
300 600 5 18 12
600 1,000 6 22 12
1,000 1,600 7 25 12
1,600 2,000 8 29 12
2,000 3,000 9 32 15
3,000 4,000 10 36 15
4,000 6,000 11 40 15
6,000 8,000 12 43 20
8,000 10,000 13 47 20
10,000 12,000 14 50 20
12,000 16,000 15 54 25
16,000 20,000 16 58 25
20,000 25,000 18 65 25
25,000 30,000 19 68 30
30,000 35,000 20 72 30
35,000 40,000 21 76 30
40,000 45,000 22 79 35
45,000 50,000 23 83 35
50,000 55,000 24 86 35
55,000 60,000 25 90 35
60,000 70,000 26 94 40
70,000 80,000 28 101 40
80,000 90,000 30 108 40
90,000 100,000 32 115 40
100,000 120,000 34 122 50
120,000 140,000 37 133 50
140,000 160,000 40 144 50
160,000 180,000 44 158 50
180,000 200,000 48 173 50
200,000 220,000 52 187 60
220,000 250,000 56 202 60
250,000 275,000 60 216 60
275,000 300,000 64 230 60
------------------------------------------------------------------------
\1\ These distances apply to the separation of stores only. Table H-21
shall be used in determining separation distances from inhabited
buildings, passenger railways, and public highways.
\2\ When the ammonium nitrate and/or blasting agent is not barricaded,
the distances shown in the table shall be multiplied by six. These
distances allow for the possibility of high velocity metal fragments
from mixers, hoppers, truck bodies, sheet metal structures, metal
container, and the like which may enclose the ``donor''. Where storage
is in bullet-resistant magazines recommended for explosives or where
the storage is protected by a bullet-resistant wall, distances, and
barricade thicknesses in excess of those prescribed in Table H-21 are
not required.
\3\ The distances in the table apply to ammonium nitrate that passes the
insensitivity test prescribed in the definition of ammonium nitrate
fertilizer promulgated by the National Plant Food Institute*; and
ammonium nitrate failing to pass said test shall be stored at
separation distances determined by competent persons. (*Definition and
Test Procedures for Ammonium Nitrate Fertilizer, National Plant Food
Institute, November 1964.)
\4\ These distances apply to nitro-carbo-nitrates and blasting agents
which pass the insensitivity test prescribed in the U.S. Department of
Transportation (DOT) regulations.
\5\ Earth, or sand dikes, or enclosures filled with the prescribed
minimum thickness of earth or sand are acceptable artificial
barricades. Natural barricades, such as hills or timber of sufficient
density that the surrounding exposures which require protection cannot
be seen from the ``donor'' when the trees are bare of leaves, are also
acceptable.
\6\ When the ammonium nitrate must be counted in determining the
distances to be maintained from inhabited buildings, passenger
railways and public highways, it may be counted at one-half its actual
weight because its blast effect is lower.
Note 7: Guide to use of table of recommended separation distances of
ammonium nitrate and blasting agents from explosives or blasting
agents.
(a) Sketch location of all potential donor and acceptor materials
together with the maximum mass of material to be allowed in that
vicinity. (Potential donors are high explosives, blasting agents, and
combination of masses of detonating materials. Potential acceptors are
high explosives, blasting agents, and ammonium nitrate.)
(b) Consider separately each donor mass in combination with each
acceptor mass. If the masses are closer than table allowance
(distances measured between nearest edges), the combination of masses
becomes a new potential donor of weight equal to the total mass. When
individual masses are considered as donors, distances to potential
acceptors shall be measured between edges. When combined masses within
propagating distance of each other are considered as a donor, the
appropriate distance to the edge of potential acceptors shall be
computed as a weighted distance from the combined masses.
Calculation of weighted distance from combined masses:
Let M2, M3 . . . Mn be donor masses to be combined.
M1 is a potential acceptor mass.
D12 is distance from M1 to M2 (edge to edge).
D13 is distance from M1 to M3 (edge to edge), etc.
To find weighted distance [D1(2,3 . . . n)] from combined masses to M1,
add the products of the individual masses and distances and divide the
total by the sum of the masses thus:
D1(2, 3 . . . n)=M2 x D12 + M3 x D12 . . . + Mn x D12M2 + M3 . . . + Mn
Propagation is possible if either an individual donor mass is less than
the tabulated distance from an acceptor or a combined mass is less
than the weighted distance from an acceptor.
(c) In determining the distances separating highways, railroads, and
inhabited buildings from potential explosions (as prescribed in Table
H-21), the sum of all masses which may propagate (i.e., lie at
distances less than prescribed in the Table) from either individual or
combined donor masses are included. However, when the ammonium nitrate
must be included, only 50 percent of its weight shall be used because
of its reduced blast effects. In applying Table H-21 to distances from
highways, railroads, and inhabited buildings, distances are measured
from the nearest edge of potentially explodable material as prescribed
in Table H-21, Note 5.
(d) When all or part of a potential acceptor comprises Explosives Class
A as defined in DOT regulations, storage in bullet-resistant magazines
is required. Safe distances to stores in bullet-resistant magazines
may be obtained from the intermagazine distances prescribed in Table H-
21.
(e) Barricades must not have line-of-sight openings between potential
donors and acceptors which permit blast or missiles to move directly
between masses.
(f) Good housekeeping practices shall be maintained around any bin
containing ammonium nitrate or blasting agent. This includes keeping
weeds and other combustible materials cleared within 25 feet of such
bin. Accumulation of spilled product on the ground shall be prevented.
(5) Storage of blasting agents and supplies. (i) Blasting agents and
oxidizers used for mixing of blasting agents shall
[[Page 311]]
be stored in the manner set forth in this subdivision.
(a) Blasting agents or ammonium nitrate, when stored in conjunction
with explosives, shall be stored in the manner set forth in paragraph
(c) of this section for explosives. The mass of blasting agents and one-
half the mass of ammonium nitrate shall be included when computing the
total quantity of explosives for determining distance requirements.
(b) Blasting agents, when stored entirely separate from explosives,
may be stored in the manner set forth in paragraph (c) of this section
or in one-story warehouses (without basements) which shall be:
(1) Noncombustible or fire resistive;
(2) Constructed so as to eliminate open floor drains and piping into
which molten materials could flow and be confined in case of fire;
(3) Weather resistant;
(4) Well ventilated; and
(5) Equipped with a strong door kept securely locked except when
open for business.
(c) Semitrailer or full-trailer vans used for highway or onsite
transportation of the blasting agents are satisfactory for temporarily
storing these materials, provided they are located in accordance with
Table H-22 with respect to one another. Trailers shall be provided with
substantial means for locking, and the trailer doors shall be kept
locked, except during the time of placement and removal of stocks of
blasting agents.
(ii) Warehouses used for the storage of blasting agents separate
from explosives shall be located as set forth in this subdivision.
(a) Warehouses used for the storage of blasting agents shall be
located in Table H-22 with respect to one another.
(b) If both blasting agents and ammonium nitrate are handled or
stored within the distance limitations prescribed through paragraph
(g)(2) of this section, one-half the mass of the ammonium nitrate shall
be added to the mass of the blasting agent when computing the total
quantity of explosives for determining the proper distance for
compliance with Table H-21.
(iii) Smoking, matches, open flames, spark producing devices, and
firearms are prohibited inside of or within 50 feet of any warehouse
used for the storage of blasting agents. Combustible materials shall not
be stored within 50 feet of warehouses used for the storage of blasting
agents.
(iv) The interior of warehouses used for the storage of blasting
agents shall be kept clean and free from debris and empty containers.
Spilled materials shall be cleaned up promptly and safely removed.
Combustible materials, flammable liquids, corrosive acids, chlorates, or
nitrates shall not be stored in any warehouse used for blasting agents
unless separated therefrom by a fire resistive separation of not less
than 1 hour resistance. The provisions of this subdivision shall not
prohibit the storage of blasting agents together with nonexplosive
blasting supplies.
(v) Piles of ammonium nitrate and warehouses containing ammonium
nitrate shall be adequately separated from readily combustible fuels.
(vi) Caked oxidizers, either in bags or in bulk, shall not be
loosened by blasting.
(vii) Every warehouse used for the storage of blasting agents shall
be under the supervision of a competent person.
(6) Transportation of packaged blasting agents. (i) When blasting
agents are transported in the same vehicle with explosives, all of the
requirements of paragraph (d) of this section shall be complied with.
(ii) Vehicles transporting blasting agents shall only be driven by
and be in charge of a driver in possession of a valid motor vehicle
operator's license. Such a person shall also be familiar with the
State's vehicle and traffic laws.
(iii) No matches, firearms, acids, or other corrosive liquids shall
be carried in the bed or body of any vehicle containing blasting agents.
(iv) No person shall be permitted to ride upon, drive, load, or
unload a vehicle containing blasting agents while smoking or under the
influence of intoxicants, narcotics, or other dangerous drugs.
(v) [Reserved]
(vi) Vehicles transporting blasting agents shall be in safe
operating condition at all times.
[[Page 312]]
(7) Use of blasting agents. Persons using blasting agents shall
comply with all of the applicable provisions of paragraph (e) of this
section.
(h) Water gel (Slurry) explosives and blasting agents--(1) General
provisions. Unless otherwise set forth in this paragraph, water gels
shall be transported, stored and used in the same manner as explosives
or blasting agents in accordance with the classification of the product.
(2) Types and classifications. (i) Water gels containing a substance
in itself classified as an explosive shall be classified as an explosive
and manufactured, transported, stored, and used as specified for
``explosives'' in this section, except as noted in subdivision (iv) of
this subparagraph.
(ii) Water gels containing no substance in itself classified as an
explosive and which are cap-sensitive as defined in paragraph (a) of
this section under Blasting Agent shall be classified as an explosive
and manufactured, transported, stored and used as specified for
``explosives'' in this section.
(iii) Water gels containing no substance in itself classified as an
explosive and which are not cap-sensitive as defined in paragraph (a) of
this section under Blasting Agent shall be classified as blasting agents
and manufactured, transported, stored, and used as specified for
``blasting agents'' in this section.
(iv) When tests on specific formulations of water gels result in
Department of Transportation classification as a Class B explosive,
bullet-resistant magazines are not required, see paragraph (c)(2)(ii) of
this section.
(3) Fixed location mixing.
(i) [Reserved]
(ii) Buildings used for the mixing of water gels shall conform to
the requirements of this subdivision.
(a) Buildings shall be of noncombustible construction or sheet metal
on wood studs.
(b) Floors in a mixing plant shall be of concrete or of other
nonabsorbent materials.
(c) Where fuel oil is used all fuel oil storage facilities shall be
separated from the mixing plant and located in such a manner that in
case of tank rupture, the oil will drain away from the mixing plant
building.
(d) The building shall be well ventilated.
(e) Heating units that do not depend on combustion processes, when
properly designed and located, may be used in the building. All direct
sources of heat shall be provided exclusively from units located outside
of the mixing building.
(f) All internal-combustion engines used for electric power
generation shall be located outside the mixing plant building, or shall
be properly ventilated and isolated by a firewall. The exhaust systems
on all such engines shall be located so any spark emission cannot be a
hazard to any materials in or adjacent to the plant.
(iii) Ingredients of water gels shall conform to the requirements of
this subdivision.
(a) Ingredients in themselves classified as Class A or Class B
explosives shall be stored in conformity with paragraph (c) of this
section.
(b) Nitrate-water solutions may be stored in tank cars, tank trucks,
or fixed tanks without quantity or distance limitations. Spills or leaks
which may contaminate combustible materials shall be cleaned up
immediately.
(c) Metal powders such as aluminum shall be kept dry and shall be
stored in containers or bins which are moisture-resistant or
weathertight. Solid fuels shall be used in such manner as to minimize
dust explosion hazards.
(d) Ingredients shall not be stored with incompatible materials.
(e) Peroxides and chlorates shall not be used.
(iv) Mixing equipment shall comply with the requirements of this
subdivision.
(a) The design of the processing equipment, including mixing and
conveying equipment, shall be compatible with the relative sensitivity
of the materials being handled. Equipment shall be designed to minimize
the possibility of frictional heating, compaction, overloading, and
confinement.
(b) Both equipment and handling procedures shall be designed to
prevent the introduction of foreign objects or materials.
[[Page 313]]
(c) Mixers, pumps, valves, and related equipment shall be designed
to permit regular and periodic flushing, cleaning, dismantling, and
inspection.
(d) All electrical equipment including wiring, switches, controls,
motors, and lights, shall conform to the requirements of subpart S of
this part.
(e) All electric motors and generators shall be provided with
suitable overload protection devices. Electrical generators, motors,
proportioning devices, and all other electrical enclosures shall be
electrically bonded. The grounding conductor to all such electrical
equipment shall be effectively bonded to the service-entrance ground
connection and to all equipment ground connections in a manner so as to
provide a continuous path to ground.
(v) Mixing facilities shall comply with the fire prevention
requirements of this subdivision.
(a) The mixing, loading, and ingredient transfer areas where
residues or spilled materials may accumulate shall be cleaned
periodically. A cleaning and collection system for dangerous residues
shall be provided. ,
(b) A daily visual inspection shall be made of mixing, conveying,
and electrical equipment to establish that such equipment is in good
operating condition. A program of systematic maintenance shall be
conducted on regular schedule.
(c) Heaters which are not dependent on the combustion process within
the heating unit may be used within the confines of processing
buildings, or compartments, if provided with temperature and safety
controls and located away from combustible materials and the finished
product.
(4) Bulk delivery and mixing vehicles. (i) The design of vehicles
shall comply with the requirements of this subdivision.
(a) Vehicles used over public highways for the bulk transportation
of water gels or of ingredients classified as dangerous commodities,
shall meet the requirements of the Department of Transportation and
shall meet the requirements of paragraphs (d) and (g)(6) of this
section.
(b) When electric power is supplied by a self-contained motor
generator located on the vehicle the generator shall be at a point
separate from where the water gel is discharged.
(c) The design of processing equipment and general requirements
shall conform to subparagraphs (3) (iii) and (iv) of this paragraph.
(d) A positive action parking brake, which will set the wheel brakes
on at least one axle shall be provided on vehicles when equipped with
air brakes and shall be used during bulk delivery operations. Wheel
chocks shall supplement parking brakes whenever conditions may require.
(ii) Operation of bulk delivery and mixing vehicles shall comply
with the requirements of this subdivision.
(a) The placarding requirements contained in DOT regulations apply
to vehicles carrying water gel explosives or blasting agents.
(b) The operator shall be trained in the safe operation of the
vehicle together with its mixing, conveying, and related equipment. He
shall be familiar with the commodities being delivered and the general
procedure for handling emergency situations.
(c) The hauling of either blasting caps or other explosives, but not
both, shall be permitted on bulk trucks provided that a special wood or
nonferrous-lined container is installed for the explosives. Such
blasting caps or other explosives shall be in DOT-specified shipping
containers; see 49 CFR chapter I.
(d) No person shall be allowed to smoke, carry matches or any flame-
producing device, or carry any firearms while in or about bulk vehicles
effecting the mixing, transfer, or down-the-hole loading of water gels
at or near the blasting site.
(e) Caution shall be exercised in the movement of the vehicle in the
blasting area to avoid driving the vehicle over or dragging hoses over
firing lines, cap wires, or explosive materials. The employer shall
furnish the driver the assistance of a second person to guide the
driver's movements.
(f) No intransit mixing of materials shall be performed.
(g) The location chosen for water gel or ingredient transfer from a
support vehicle into the borehole loading vehicle shall be away from the
blasthole
[[Page 314]]
site when the boreholes are loaded or in the process of being loaded.
(i) Storage of ammonium nitrate--(1) Scope and definitions. (i)(a)
Except as provided in paragraph (i)(1)(i)(d) of this paragraph applies
to the storage of ammonium nitrate in the form of crystals, flakes,
grains, or prills including fertilizer grade, dynamite grade, nitrous
oxide grade, technical grade, and other mixtures containing 60 percent
or more ammonium nitrate by weight but does not apply to blasting
agents.
(b) This paragraph does not apply to the transportation of ammonium
nitrate.
(c) This paragraph does not apply to storage under the jurisdiction
of and in compliance with the regulations of the U.S. Coast Guard (see
46 CFR parts 146-149).
(d) The storage of ammonium nitrate and ammonium nitrate mixtures
that are more sensitive than allowed by the ``Definition of Test
Procedures for Ammonium Nitrate Fertilizer'' is prohibited.
(ii)(a) [Reserved]
(b) The standards for ammonium nitrate (nitrous oxide grade) are
those found in the ``Specifications, Properties, and Recommendations for
Packaging, Transportation, Storage, and Use of Ammonium Nitrate'',
available from the Compressed Gas Association, Inc., which is
incorporated by reference as specified in Sec. 1910.6.
(2) General provisions. (i) This paragraph applies to all persons
storing, having, or keeping ammonium nitrate, and to the owner or lessee
of any building, premises, or structure in which ammonium nitrate is
stored in quantities of 1,000 pounds or more.
(ii) Approval of large quantity storage shall be subject to due
consideration of the fire and explosion hazards, including exposure to
toxic vapors from burning or decomposing ammonium nitrate.
(iii)(a) Storage buildings shall not have basements unless the
basements are open on at least one side. Storage buildings shall not be
over one story in height.
(b) Storage buildings shall have adequate ventilation or be of a
construction that will be self-ventilating in the event of fire.
(c) The wall on the exposed side of a storage building within 50
feet of a combustible building, forest, piles of combustible materials
and similar exposure hazards shall be of fire-resistive construction. In
lieu of the fire-resistive wall, other suitable means of exposure
protection such as a free standing wall may be used. The roof coverings
shall be Class C or better, as defined in the Manual on Roof Coverings,
NFPA 203M-1970, which is incorporated by reference as specified in Sec.
1910.6.
(d) All flooring in storage and handling areas, shall be of
noncombustible material or protected against impregnation by ammonium
nitrate and shall be without open drains, traps, tunnels, pits, or
pockets into which any molten ammonium nitrate could flow and be
confined in the event of fire.
(e) The continued use of an existing storage building or structure
not in strict conformity with this paragraph may be approved in cases
where such continued use will not constitute a hazard to life.
(f) Buildings and structures shall be dry and free from water
seepage through the roof, walls, and floors.
(3) Storage of ammonium nitrate in bags, drums, or other containers.
(i)(a) Bags and containers used for ammonium nitrate must comply with
specifications and standards required for use in interstate commerce
(see 49 CFR chapter I).
(b) Containers used on the premises in the actual manufacturing or
processing need not comply with provisions of paragraph (i)(3)(i)(a) of
this paragraph.
(ii)(a) Containers of ammonium nitrate shall not be accepted for
storage when the temperature of the ammonium nitrate exceeds 130 [deg]F.
(b) Bags of ammonium nitrate shall not be stored within 30 inches of
the storage building walls and partitions.
(c) The height of piles shall not exceed 20 feet. The width of piles
shall not exceed 20 feet and the length 50 feet except that where the
building is of noncombustible construction or is protected by automatic
sprinklers the length of piles shall not be limited. In no case shall
the ammonium nitrate be stacked closer than 36 inches below the
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roof or supporting and spreader beams overhead.
(d) Aisles shall be provided to separate piles by a clear space of
not less than 3 feet in width. At least one service or main aisle in the
storage area shall be not less than 4 feet in width.
(4) Storage of bulk ammonium nitrate. (i)(a) Warehouses shall have
adequate ventilation or be capable of adequate ventilation in case of
fire.
(b) Unless constructed of noncombustible material or unless adequate
facilities for fighting a roof fire are available, bulk storage
structures shall not exceed a height of 40 feet.
(ii)(a) Bins shall be clean and free of materials which may
contaminate ammonium nitrate.
(b) Due to the corrosive and reactive properties of ammonium
nitrate, and to avoid contamination, galvanized iron, copper, lead, and
zinc shall not be used in a bin construction unless suitably protected.
Aluminum bins and wooden bins protected against impregnation by ammonium
nitrate are permissible. The partitions dividing the ammonium nitrate
storage from other products which would contaminate the ammonium nitrate
shall be of tight construction.
(c) The ammonium nitrate storage bins or piles shall be clearly
identified by signs reading ``Ammonium Nitrate'' with letters at least 2
inches high.
(iii)(a) Piles or bins shall be so sized and arranged that all
material in the pile is moved out periodically in order to minimize
possible caking of the stored ammonium nitrate.
(b) Height or depth of piles shall be limited by the pressure-
setting tendency of the product. However, in no case shall the ammonium
nitrate be piled higher at any point than 36 inches below the roof or
supporting and spreader beams overhead.
(c) Ammonium nitrate shall not be accepted for storage when the
temperature of the product exceeds 130 [deg]F.
(d) Dynamite, other explosives, and blasting agents shall not be
used to break up or loosen caked ammonium nitrate.
(5) Contaminants. (i)(a) Ammonium nitrate shall be in a separate
building or shall be separated by approved type firewalls of not less
than 1 hour fire-resistance rating from storage of organic chemicals,
acids, or other corrosive materials, materials that may require blasting
during processing or handling, compressed flammable gases, flammable and
combustible materials or other contaminating substances, including but
not limited to animal fats, baled cotton, baled rags, baled scrap paper,
bleaching powder, burlap or cotton bags, caustic soda, coal, coke,
charcoal, cork, camphor, excelsior, fibers of any kind, fish oils, fish
meal, foam rubber, hay, lubricating oil, linseed oil, or other
oxidizable or drying oils, naphthalene, oakum, oiled clothing, oiled
paper, oiled textiles, paint, straw, sawdust, wood shavings, or
vegetable oils. Walls referred to in this subdivision need extend only
to the underside of the roof.
(b) In lieu of separation walls, ammonium nitrate may be separated
from the materials referred to in paragraph (a) of this section by a
space of at least 30 feet.
(c) Flammable liquids such as gasoline, kerosene, solvents, and
light fuel oils shall not be stored on the premises except when such
storage conforms to Sec. 1910.106, and when walls and sills or curbs
are provided in accordance with paragraphs (i)(5)(i) (a) or (b) of this
section.
(d) LP-Gas shall not be stored on the premises except when such
storage conforms to Sec. 1910.110.
(ii)(a) Sulfur and finely divided metals shall not be stored in the
same building with ammonium nitrate except when such storage conforms to
paragraphs (a) through (h) of this section.
(b) Explosives and blasting agents shall not be stored in the same
building with ammonium nitrate except on the premises of makers,
distributors, and user-compounders of explosives or blasting agents.
(c) Where explosives or blasting agents are stored in separate
buildings, other than on the premises of makers, distributors, and user-
compounders of explosives or blasting agents, they shall be separated
from the ammonium nitrate by the distances and/or barricades specified
in Table H-22 of this subpart, but by not less than 50 feet.
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(d) Storage and/or operations on the premises of makers,
distributors, and user-compounders of explosives or blasting agents
shall be in conformity with paragraphs (a) through (h) of this section.
(6) General precautions. (i) Electrical installations shall conform
to the requirements of subpart S of this part, for ordinary locations.
They shall be designed to minimize damage from corrosion.
(ii) In areas where lightning storms are prevalent, lightning
protection shall be provided. (See the Lightning Protection Code, NFPA
78-1968, which is incorporated by reference as specified in Sec.
1910.6.)
(iii) Provisions shall be made to prevent unauthorized personnel
from entering the ammonium nitrate storage area.
(7) Fire protection. (i) Not more than 2,500 tons (2270 tonnes) of
bagged ammonium nitrate shall be stored in a building or structure not
equipped with an automatic sprinkler system. Sprinkler systems shall be
of the approved type and installed in accordance with Sec. 1910.159.
(ii)(a) Suitable fire control devices such as small hose or portable
fire extinguishers shall be provided throughout the warehouse and in the
loading and unloading areas. Suitable fire control devices shall comply
with the requirements of Sec. Sec. 1910.157 and 1910.158.
(b) Water supplies and fire hydrants shall be available in
accordance with recognized good practices.
(j) Small arms ammunition, small arms primers, and small arms
propellants--(1) Scope. This paragraph does not apply to in-process
storage and intraplant transportation during manufacture of small arms
ammunition, small arms primers, and smokeless propellants.
(2) Small arms ammunition. (i) No quantity limitations are imposed
on the storage of small arms ammunition in warehouses, retail stores,
and other general occupancy facilities, except those imposed by
limitations of storage facilities.
(ii) Small arms ammunition shall be separated from flammable
liquids, flammable solids as classified in 49 CFR part 172, and from
oxidizing materials, by a fire-resistive wall of 1-hour rating or by a
distance of 25 feet.
(iii) Small arms ammunition shall not be stored together with Class
A or Class B explosives unless the storage facility is adequate for this
latter storage.
(3) Smokeless propellants. (i) All smokeless propellants shall be
stored in shipping containers specified in 49 CFR 173.93 for smokeless
propellants.
(ii) [Reserved]
(iii) Commercial stocks of smokeless propellants over 20 pounds and
not more than 100 pounds shall be stored in portable wooden boxes having
walls of at least 1 inch nominal thickness.
(iv) Commercial stocks in quantities not to exceed 750 pounds shall
be stored in nonportable storage cabinets having wooden walls of at
least 1 inch nominal thickness. Not more than 400 pounds shall be
permitted in any one cabinet.
(v) Quantities in excess of 750 pounds shall be stored in magazines
in accordance with paragraph (c) of this section.
(4) Small arms ammunition primers. (i) Small arms ammunition primers
shall not be stored except in the original shipping container in
accordance with the requirements of 49 CFR 173.107 for small arms
ammunition primers.
(ii) [Reserved]
(iii) Small arms ammunition primers shall be separated from
flammable liquids, flammable solids as classified in 49 CFR part 172,
and oxidizing materials by a fire-resistive wall of 1-hour rating or by
a distance of 25 feet.
(iv) Not more than 750,000 small arms ammunition primers shall be
stored in any one building, except as provided in paragraph (j)(4)(v) of
this paragraph. Not more than 100,000 shall be stored in any one pile.
Piles shall be at least 15 feet apart.
(v) Quantities of small arms ammunition primers in excess of 750,000
shall be stored in magazines in accordance with paragraph (c) of this
section.
(k) Scope. (1) This section applies to the manufacture, keeping,
having, storage, sale, transportation, and use of explosives, blasting
agents, and pyrotechnics. The section does not apply to the sale and use
(public display) of pyrotechnics, commonly known as fireworks, nor the
use of explosives in the
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form prescribed by the official U.S. Pharmacopeia.
(2) The manufacture of explosives as defined in paragraph (a)(3) of
this section shall also meet the requirements contained in Sec.
1910.119.
(3) The manufacture of pyrotechnics as defined in paragraph (a)(10)
of this section shall also meet the requirements contained in Sec.
1910.119.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49747, Oct. 24, 1978;
45 FR 60704, Sept. 12, 1980; 53 FR 12122, Apr. 12, 1988; 57 FR 6403,
Feb. 24, 1992; 58 FR 35309, June 30, 1993; 61 FR 9237, Mar. 7, 1996; 63
FR 33466, June 18, 1998]