[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2020 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 29
Labor
________________________
Parts 1900 to Sec. 1910.999
Revised as of July 1, 2020
Containing a codification of documents of general
applicability and future effect
As of July 1, 2020
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........................ 943
Alphabetical List of Agencies Appearing in the CFR...... 963
List of CFR Sections Affected........................... 973
[[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
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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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for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
that volume.
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Oliver A. Potts,
Director,
Office of the Federal Register.
July 1, 2020.
[[Page ix]]
THIS TITLE
Title 29--Labor is composed of nine volumes. The parts in these
volumes are arranged in the following order: Parts 0-99, parts 100-499,
parts 500-899, parts 900-1899, part 1900-Sec. 1910.999, part 1910.1000-
end of part 1910, parts 1911-1925, part 1926, and part 1927 to end. The
contents of these volumes represent all current regulations codified
under this title as of July 1, 2020.
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.
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.................. 47
1905 Rules of practice for variances,
limitations, variations, tolerances, and
exemptions under the Williams-Steiger
Occupational Safety and Health Act of
1970.................................... 73
1906
Administration witnesses and documents in private litigation [Reserved]
1908 Consultation agreements..................... 84
1910 Occupational safety and health standards.... 95
[[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: 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.
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
[[Page 8]]
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 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.
[[Page 9]]
(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 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
[[Page 10]]
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 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).
[[Page 11]]
(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 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
[[Page 12]]
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 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
[[Page 13]]
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 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
[[Page 14]]
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 set forth in the Act, and in
29 CFR 1903.15(d).
(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;
(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
[[Page 15]]
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;
81 FR 43452, July 1, 2016]
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 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) 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
[[Page 16]]
affect the duties of employers to comply with Sec.1904.41.
[80 FR 49902, Aug. 18, 2015, as amended at 81 FR 29694, May 12, 2016]
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.
(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
[[Page 17]]
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]
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]
[[Page 18]]
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 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
[[Page 19]]
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, 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,
[[Page 20]]
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 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).
[[Page 21]]
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 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
[[Page 22]]
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 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
[[Page 23]]
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 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
[[Page 24]]
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 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
[[Page 25]]
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 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,
[[Page 26]]
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 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;
[[Page 27]]
(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]
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;
[[Page 28]]
(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 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
[[Page 29]]
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.
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
[[Page 30]]
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.
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 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.
[[Page 31]]
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 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 Sec.1903.15(d).
[36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974; 80
FR 49904, Aug. 18, 2015; 81 FR 43452, July 1, 2016]
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
[[Page 32]]
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 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
[[Page 33]]
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
(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 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.
(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.
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43452, July 1, 2016]
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 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,
[[Page 34]]
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 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.
[[Page 35]]
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 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
[[Page 36]]
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 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.
[[Page 37]]
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
(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
[[Page 38]]
(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 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
[[Page 39]]
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.
(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.
(d) Adjusted civil monetary penalties. The adjusted civil penalties
for penalties proposed after January 15, 2020 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
$9,639 and shall not exceed $134,937.
(2) Repeated violation. The penalty per repeated violation under
section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $134,937.
(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 $13,494.
(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 $13,494.
(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 $13,494 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 $13,494.
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016; 82
FR 5382, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 219, Jan. 23,
2019; 85 FR 2298, Jan. 15, 2020]
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
[[Page 40]]
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 Sec.1903.15(d).
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016]
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 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.
(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.
[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016]
[[Page 41]]
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:
(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
[[Page 42]]
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.
(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
[[Page 43]]
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 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)*_____________________________________________________
[[Page 44]]
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 45]]
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 46]]
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 47]]
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 Electronic submission of Employer Identification Number (EIN)
and injury and illness records to OSHA.
1904.42 Requests from the Bureau of Labor Statistics for data.
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
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 Orders No. 3-2000 (65 FR 50017) and 1-2012 (77 FR 3912), as
applicable, and 5 U.S.C. 553.
Source: 66 FR 6122, Jan. 19, 2001, unless otherwise noted.
Editorial Note: At 82 FR 20548, May 3, 2017, as required by the
Congressional Review Act and Public Law 115-21, the Occupational Safety
and Health Administration removed all amendments to part 1904 published
at 81 FR 91792, Dec. 19, 2016.
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.
[82 FR 20548, May 3, 2017]
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
[[Page 48]]
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 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 Bureau of Labor Statistics
informs you in writing that you 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 work-related incident
that results in a fatality, the in-patient hospitalization of one or
more employees, an employee amputation, or an employee loss of an eye.
(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.
[66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020]
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
[[Page 49]]
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]
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.
[[Page 50]]
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]
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 51]]
[GRAPHIC] [TIFF OMITTED] TR19JA01.098
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91809, Dec. 19, 2016; 82
FR 20548, May 3, 2017]
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
[[Page 52]]
work environment that falls under one of the following exceptions is not
work-related, and therefore is not recordable.
------------------------------------------------------------------------
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).
[[Page 53]]
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.
----------------------------------------------------------------------------------------------------------------
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
[[Page 54]]
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 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
[[Page 55]]
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
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
[[Page 56]]
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 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.
[[Page 57]]
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 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
[[Page 58]]
physician or other licensed health care professional, they are
considered first 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 59]]
(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 60]]
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, following the rules set out in Sec.1904.5,
that the hearing loss is not work-related or that occupational noise
exposure did not significantly aggravate the hearing loss, you do not
have to consider the case work-related or 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; 84
FR 21457, May 14, 2019]
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
[[Page 61]]
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 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
[[Page 62]]
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; 81 FR 91809, Dec.
19, 2016; 82 FR 20548, May 3, 2017]
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.
[[Page 63]]
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, 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.1904.29(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.
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82
FR 20548, May 3, 2017; 85 FR 8731, Feb. 18, 2020]
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
[[Page 64]]
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.
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82
FR 20548, May 3, 2017]
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.
[82 FR 20549, May 3, 2017]
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) 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
[[Page 65]]
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.
[81 FR 29691, May 12, 2016; 81 FR 31854, May 20, 2016, as amended at 81
FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017]
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.
[81 FR 29692, May 12, 2016]
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
[[Page 66]]
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
(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.
[[Page 67]]
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).
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 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
[[Page 68]]
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 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
[[Page 69]]
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.
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82
FR 20549, May 3, 2017]
Sec.1904.41 Electronic submission of Employer Identification Number
(EIN) and injury and illness records to OSHA.
(a) Basic requirements--(1) Annual electronic submission of OSHA
Form 300A Summary of Work-Related Injuries and Illnesses 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 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 (for example, 2019 for the 2018 form).
(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.
(4) Electronic submission of the Employer Identification Number
(EIN). For each establishment that is subject to these reporting
requirements, you must provide the EIN used by the establishment.
(b) Implementation--(1) Does every employer have to routinely submit
this information to OSHA? No, only two categories of employers must
routinely submit this information. 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 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 this subpart, then you
must submit the required 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 (for example, 2019 for the 2018 form). If you
are not in either of these two categories, then you must submit the
information to OSHA only if OSHA notifies you to do so for an individual
data collection.
(2) 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.
(3) How will OSHA notify me that I must submit information 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
website. If you are an employer who must routinely submit the
information, then OSHA will not notify you about your routine submittal.
(4) When do I have to submit the information? If you are required to
submit
[[Page 70]]
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
(for example, 2019 for the 2018 form). 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 specified in the notification.
(5) How do I submit the information? You must submit the information
electronically. OSHA will provide a secure website for the electronic
submission of information. For individual data collections under
paragraph (a)(3) of this section, OSHA will include the website's
location in the notification for the data collection.
(6) 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 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.
(7) 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.
(8) May an enterprise or corporate office electronically submit
information 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) 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............ December 15,
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).
[81 FR 29692, May 12, 2016, as amended at 82 FR 55765, Nov. 24, 2017; 84
FR 405, Jan. 25, 2019]
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. 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
[[Page 71]]
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.
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.
------------------------------------------------------------------------
[81 FR 29693, May 12, 2016]
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
[[Page 72]]
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
------------------------------------------------------------------------
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 North American Industry
Classification System (2007) codes 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.
[[Page 73]]
(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).
[66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020]
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
[[Page 74]]
(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
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.
[[Page 75]]
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 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
[[Page 76]]
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;
(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.
[[Page 77]]
(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 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
[[Page 78]]
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 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
[[Page 79]]
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]
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.
[[Page 80]]
(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 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:
[[Page 81]]
(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 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
[[Page 82]]
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
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
[[Page 83]]
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 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
[[Page 84]]
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.
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
[[Page 85]]
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 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).
[[Page 86]]
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, 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
[[Page 87]]
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 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),
[[Page 88]]
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 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
[[Page 89]]
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 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.
[[Page 90]]
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 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
[[Page 91]]
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 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
[[Page 92]]
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 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
[[Page 93]]
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 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
[[Page 94]]
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 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
[[Page 95]]
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.
(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 Scope and definitions.
1910.22 General requirements.
1910.23 Ladders.
1910.24 Step bolts and manhole steps.
1910.25 Stairways.
1910.26 Dockboards.
1910.27 Scaffolds and rope descent systems.
1910.28 Duty to have fall protection and falling object protection.
[[Page 96]]
1910.29 Fall protection systems and falling object protection--criteria
and practices.
1910.30 Training requirements.
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.
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.
1910.139 [Reserved]
1910.140 Personal fall protection systems.
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
Appendix C to Subpart I of Part 1910--Personal Fall Protection Systems
Non-Mandatory Guidelines
Appendix D to Subpart I of Part 1910--Test Methods and Procedures for
Personal Fall Protection Systems Non-Mandatory Guidelines
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.
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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.
Appendixes 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.
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]
[[Page 98]]
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.
Subpart A_General
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 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); Public Law 11-8
and 111-317; and OMB Circular A-25 (dated July 8, 1993) (58 FR 38142,
July 15, 1993).
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;
[[Page 99]]
(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.
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
[[Page 100]]
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,
the Commonwealth of the Northern Mariana Islands, Wake Island, Outer
Continental Shelf lands defined in the Outer Continental Shelf Lands
Act, and Johnston Island.
(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 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;
85 FR 8732, Feb. 18, 2020]
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 20210; telephone: 202-693-2350 (TTY number: 877-889-
5627).
(3) The standards listed in this section are incorporated by
reference into this part with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, OSHA
must publish a document in the Federal Register and the material must be
available to the public.
(4) Copies of standards listed in this section and issued by private
standards
[[Page 101]]
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-3508,
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
www.archives.gov/federal- register/cfr/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]
(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 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
[[Page 102]]
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).
(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).
[[Page 103]]
(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.
(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.
[[Page 104]]
(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; 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).
[[Page 105]]
(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);
(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) [Reserved]
(9) ASTM B 210-68, Aluminum-Alloy Drawn Seamless Tubes, IBR approved
for Sec.1910.110.
[[Page 106]]
(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.
(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 at the American Thoracic
Society (ATS), 25 Broadway, 18th Floor New York, NY 10004; website:
www.atsjournals.org/.
(1) Spirometric Reference Values from a Sample of the General U.S.
Population. Hankinson JL, Odencrantz JR, Fedan KB. American Journal of
Respiratory and Critical Care Medicine, 159:179-187, 1999, IBR approved
for Sec.1910.1043(h).
(2) [Reserved]
(j) 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).
(k) The following material is available for purchase from the
Department of Commerce:
(1) [Reserved]
(2) Publication ``Model Performance Criteria for Structural Fire
Fighters' Helmets,'' IBR approved for Sec.1910.156(e)(5)(i).
[[Page 107]]
(l) 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).
(m) 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]
(n) 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]
(o) 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]
(p) 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]
(q) The following material is available from the International
Labour Organization (ILO), 4 route des Morillons, CH-1211 Gen[egrave]ve
22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41 (0) 22 798
8685; website: www.ilo.org/.
(1) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev.2011), IBR approved for Sec.
1910.1001.
(2) [Reserved]
(r)(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:
[[Page 108]]
(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 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.
(s) 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]
(t) 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).
[[Page 109]]
(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).
(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.
(u) 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]
(v) 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.
[[Page 110]]
(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.
(w) 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).
(x) 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).
(y) 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]
(z) 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).
(aa) 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]
(bb)(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.govinfo.gov.
[[Page 111]]
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:
(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:
[[Page 112]]
(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.
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.
[[Page 113]]
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
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-
[[Page 114]]
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 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.
[[Page 115]]
C. Terms and Conditions of Recognition.
1. The following terms and conditions shall be part of every
recognition:
a. 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.
b. 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.
c. 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.
d. 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.
2. [Reserved]
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.
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.
[[Page 116]]
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 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; 85 FR 8732, Feb. 18, 2020]
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
1910.27..................................................... 1218-0199
1910.28..................................................... 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
[[Page 117]]
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
1910.1024................................................... 1218-0267
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
1910.1053................................................... 1218-0266
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; 81 FR 48710, July 26,
2016; 82 FR 31253, July 6, 2017; 83 FR 9702, Mar. 7, 2018]
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
[[Page 118]]
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 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
[[Page 119]]
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 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.
[[Page 120]]
(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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
(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]
[[Page 121]]
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 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
[[Page 122]]
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: 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), 1-90 (55
FR 9033), and 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
Source: 81 FR 82981, Nov. 18, 2016, unless otherwise noted.
Sec.1910.21 Scope and definitions.
(a) Scope. This subpart applies to all general industry workplaces.
It covers all walking-working surfaces unless specifically excluded by
an individual section of this subpart.
(b) Definitions. The following definitions apply in this subpart:
Alternating tread-type stair means a type of stairway consisting of
a series of treads that usually are attached to a center support in an
alternating manner such that an employee typically does not have both
feet on the same level while using the stairway.
Anchorage means a secure point of attachment for equipment such as
lifelines, lanyards, deceleration devices, and rope descent systems.
Authorized means an employee who the employer assigns to perform a
specific type of duty, or allows in a specific location or area.
Cage means an enclosure mounted on the side rails of a fixed ladder
or fastened to a structure behind the fixed ladder that is designed to
surround the climbing space of the ladder. A cage also is called a
``cage guard'' or ``basket guard.''
Carrier means the track of a ladder safety system that consists of a
flexible cable or rigid rail attached to the fixed ladder or immediately
adjacent to it.
Combination ladder means a portable ladder that can be used as a
stepladder, extension ladder, trestle ladder, or stairway ladder. The
components of a combination ladder also may be used separately as a
single ladder.
Dangerous equipment means equipment, such as vats, tanks, electrical
equipment, machinery, equipment or machinery with protruding parts, or
other similar units, that, because of their function or form, may harm
an employee who falls into or onto the equipment.
Designated area means a distinct portion of a walking-working
surface delineated by a warning line in which employees may perform work
without additional fall protection.
Dockboard means a portable or fixed device that spans a gap or
compensates for a difference in elevation between a loading platform and
a transport vehicle. Dockboards include, but are not limited to, bridge
plates, dock plates, and dock levelers.
Equivalent means alternative designs, equipment, materials, or
methods, that the employer can demonstrate will provide an equal or
greater degree of safety for employees compared to the designs,
equipment, materials, or methods specified in this subpart.
Extension ladder means a non-self-supporting portable ladder that is
adjustable in length.
Failure means a load refusal, breakage, or separation of component
parts. A load refusal is the point at which the ultimate strength of a
component or object is exceeded.
Fall hazard means any condition on a walking-working surface that
exposes an employee to a risk of harm from a fall on the same level or
to a lower level.
Fall protection means any equipment, device, or system that prevents
an employee from falling from an elevation or mitigates the effect of
such a fall.
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Fixed ladder means a ladder with rails or individual rungs that is
permanently attached to a structure, building, or equipment. Fixed
ladders include individual-rung ladders, but not ship stairs, step
bolts, or manhole steps.
Grab bar means an individual horizontal or vertical handhold
installed to provide access above the height of the ladder.
Guardrail system means a barrier erected along an unprotected or
exposed side, edge, or other area of a walking-working surface to
prevent employees from falling to a lower level.
Handrail means a rail used to provide employees with a handhold for
support.
Hoist area means any elevated access opening to a walking-working
surface through which equipment or materials are loaded or received.
Hole means a gap or open space in a floor, roof, horizontal walking-
working surface, or similar surface that is at least 2 inches (5 cm) in
its least dimension.
Individual-rung ladder means a ladder that has rungs individually
attached to a building or structure. An individual-rung ladder does not
include manhole steps.
Ladder means a device with rungs, steps, or cleats used to gain
access to a different elevation.
Ladder safety system means a system designed to eliminate or reduce
the possibility of falling from a ladder. A ladder safety system usually
consists of a carrier, safety sleeve, lanyard, connectors, and body
harness. Cages and wells are not ladder safety systems.
Low-slope roof means a roof that has a slope less than or equal to a
ratio of 4 in 12 (vertical to horizontal).
Lower level means a surface or area to which an employee could fall.
Such surfaces or areas include, but are not limited to, ground levels,
floors, roofs, ramps, runways, excavations, pits, tanks, materials,
water, equipment, and similar surfaces and structures, or portions
thereof.
Manhole steps means steps that are individually attached to, or set
into, the wall of a manhole structure.
Maximum intended load means the total load (weight and force) of all
employees, equipment, vehicles, tools, materials, and other loads the
employer reasonably anticipates to be applied to a walking-working
surface at any one time.
Mobile means manually propelled or moveable.
Mobile ladder stand (ladder stand) means a mobile, fixed-height,
self-supporting ladder that usually consists of wheels or casters on a
rigid base and steps leading to a top step. A mobile ladder stand also
may have handrails and is designed for use by one employee at a time.
Mobile ladder stand platform means a mobile, fixed-height, self-
supporting unit having one or more standing platforms that are provided
with means of access or egress.
Open riser means the gap or space between treads of stairways that
do not have upright or inclined members (risers).
Opening means a gap or open space in a wall, partition, vertical
walking-working surface, or similar surface that is at least 30 inches
(76 cm) high and at least 18 inches (46 cm) wide, through which an
employee can fall to a lower level.
Personal fall arrest system means a system used to arrest an
employee in a fall from a walking-working surface. It consists of a body
harness, anchorage, and connector. The means of connection may include a
lanyard, deceleration device, lifeline, or a suitable combination of
these.
Personal fall protection system means a system (including all
components) an employer uses to provide protection from falling or to
safely arrest an employee's fall if one occurs. Examples of personal
fall protection systems include personal fall arrest systems,
positioning systems, and travel restraint systems.
Platform means a walking-working surface that is elevated above the
surrounding area.
Portable ladder means a ladder that can readily be moved or carried,
and usually consists of side rails joined at intervals by steps, rungs,
or cleats.
Positioning system (work-positioning system) means a system of
equipment and connectors that, when used with a body harness or body
belt, allows an
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employee to be supported on an elevated vertical surface, such as a wall
or window sill, and work with both hands free. Positioning systems also
are called ``positioning system devices'' and ``work-positioning
equipment.''
Qualified describes a person who, by possession of a recognized
degree, certificate, or professional standing, or who by extensive
knowledge, training, and experience has successfully demonstrated the
ability to solve or resolve problems relating to the subject matter, the
work, or the project.
Ramp means an inclined walking-working surface used to access
another level.
Riser means the upright (vertical) or inclined member of a stair
that is located at the back of a stair tread or platform and connects
close to the front edge of the next higher tread, platform, or landing.
Rope descent system means a suspension system that allows an
employee to descend in a controlled manner and, as needed, stop at any
point during the descent. A rope descent system usually consists of a
roof anchorage, support rope, a descent device, carabiner(s) or
shackle(s), and a chair (seatboard). A rope descent system also is
called controlled descent equipment or apparatus. Rope descent systems
do not include industrial rope access systems.
Rung, step, or cleat means the cross-piece of a ladder on which an
employee steps to climb up and down.
Runway means an elevated walking-working surface, such as a catwalk,
a foot walk along shafting, or an elevated walkway between buildings.
Scaffold means any temporary elevated or suspended platform and its
supporting structure, including anchorage points, used to support
employees, equipment, materials, and other items. For purposes of this
subpart, a scaffold does not include a crane-suspended or derrick-
suspended personnel platform or a rope descent system.
Ship stair (ship ladder) means a stairway that is equipped with
treads, stair rails, and open risers, and has a slope that is between 50
and 70 degrees from the horizontal.
Side-step ladder means a type of fixed ladder that requires an
employee to step sideways from it in order to reach a walking-working
surface, such as a landing.
Spiral stairs means a series of treads attached to a vertical pole
in a winding fashion, usually within a cylindrical space.
Stair rail or stair rail system means a barrier erected along the
exposed or open side of stairways to prevent employees from falling to a
lower level.
Stairway (stairs) means risers and treads that connect one level
with another, and includes any landings and platforms in between those
levels. Stairways include standard, spiral, alternating tread-type, and
ship stairs.
Standard stairs means a fixed or permanently installed stairway.
Ship, spiral, and alternating tread-type stairs are not considered
standard stairs.
Step bolt (pole step) means a bolt or rung attached at intervals
along a structural member used for foot placement and as a handhold when
climbing or standing.
Stepladder means a self-supporting, portable ladder that has a fixed
height, flat steps, and a hinged back.
Stepstool means a self-supporting, portable ladder that has flat
steps and side rails. For purposes of the final rule, stepstool includes
only those ladders that have a fixed height, do not have a pail shelf,
and do not exceed 32 inches (81 cm) in overall height to the top cap,
although side rails may extend above the top cap. A stepstool is
designed so an employee can climb and stand on all of the steps and the
top cap.
Through ladder means a type of fixed ladder that allows the employee
to step through the side rails at the top of the ladder to reach a
walking-working surface, such as a landing.
Tieback means an attachment between an anchorage (e.g., structural
member) and a supporting device (e.g., parapet clamp or cornice hook).
Toeboard means a low protective barrier that is designed to prevent
materials, tools, and equipment from falling to a lower level, and
protect employees from falling.
Travel restraint system means a combination of an anchorage,
anchorage connector, lanyard (or other means of connection), and body
support that an
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employer uses to eliminate the possibility of an employee going over the
edge of a walking-working surface.
Tread means a horizontal member of a stair or stairway, but does not
include landings or platforms.
Unprotected sides and edges mean any side or edge of a walking-
working surface (except at entrances and other points of access) where
there is no wall, guardrail system, or stair rail system to protect an
employee from falling to a lower level.
Walking-working surface means any horizontal or vertical surface on
or through which an employee walks, works, or gains access to a work
area or workplace location.
Warning line means a barrier erected to warn employees that they are
approaching an unprotected side or edge, and which designates an area in
which work may take place without the use of other means of fall
protection.
Well means a permanent, complete enclosure around a fixed ladder.
Sec.1910.22 General requirements.
(a) Surface conditions. The employer must ensure:
(1) All places of employment, passageways, storerooms, service
rooms, and walking-working surfaces are kept in a clean, orderly, and
sanitary condition.
(2) The floor of each workroom is maintained in a clean and, to the
extent feasible, in a dry condition. When wet processes are used,
drainage must be maintained and, to the extent feasible, dry standing
places, such as false floors, platforms, and mats must be provided.
(3) Walking-working surfaces are maintained free of hazards such as
sharp or protruding objects, loose boards, corrosion, leaks, spills,
snow, and ice.
(b) Loads. The employer must ensure that each walking-working
surface can support the maximum intended load for that surface.
(c) Access and egress. The employer must provide, and ensure each
employee uses, a safe means of access and egress to and from walking-
working surfaces.
(d) Inspection, maintenance, and repair. The employer must ensure:
(1) Walking-working surfaces are inspected, regularly and as
necessary, and maintained in a safe condition;
(2) Hazardous conditions on walking-working surfaces are corrected
or repaired before an employee uses the walking-working surface again.
If the correction or repair cannot be made immediately, the hazard must
be guarded to prevent employees from using the walking-working surface
until the hazard is corrected or repaired; and
(3) When any correction or repair involves the structural integrity
of the walking-working surface, a qualified person performs or
supervises the correction or repair.
Sec.1910.23 Ladders.
(a) Application. The employer must ensure that each ladder used
meets the requirements of this section. This section covers all ladders,
except when the ladder is:
(1) Used in emergency operations such as firefighting, rescue, and
tactical law enforcement operations, or training for these operations;
or
(2) Designed into or is an integral part of machines or equipment.
(b) General requirements for all ladders. The employer must ensure:
(1) Ladder rungs, steps, and cleats are parallel, level, and
uniformly spaced when the ladder is in position for use;
(2) Ladder rungs, steps, and cleats are spaced not less than 10
inches (25 cm) and not more than 14 inches (36 cm) apart, as measured
between the centerlines of the rungs, cleats, and steps, except that:
(i) Ladder rungs and steps in elevator shafts must be spaced not
less than 6 inches (15 cm) apart and not more than 16.5 inches (42 cm)
apart, as measured along the ladder side rails; and
(ii) Fixed ladder rungs and steps on telecommunication towers must
be spaced not more than 18 inches (46 cm) apart, measured between the
centerlines of the rungs or steps;
(3) Steps on stepstools are spaced not less than 8 inches (20 cm)
apart and not more than 12 inches (30 cm) apart, as measured between the
centerlines of the steps;
(4) Ladder rungs, steps, and cleats have a minimum clear width of
11.5
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inches (29 cm) on portable ladders and 16 inches (41 cm) (measured
before installation of ladder safety systems) for fixed ladders, except
that:
(i) The minimum clear width does not apply to ladders with narrow
rungs that are not designed to be stepped on, such as those located on
the tapered end of orchard ladders and similar ladders;
(ii) Rungs and steps of manhole entry ladders that are supported by
the manhole opening must have a minimum clear width of 9 inches (23 cm);
(iii) Rungs and steps on rolling ladders used in telecommunication
centers must have a minimum clear width of 8 inches (20 cm); and
(iv) Stepstools have a minimum clear width of 10.5 inches (26.7 cm);
(5) Wooden ladders are not coated with any material that may obscure
structural defects;
(6) Metal ladders are made with corrosion-resistant material or
protected against corrosion;
(7) Ladder surfaces are free of puncture and laceration hazards;
(8) Ladders are used only for the purposes for which they were
designed;
(9) Ladders are inspected before initial use in each work shift, and
more frequently as necessary, to identify any visible defects that could
cause employee injury;
(10) Any ladder with structural or other defects is immediately
tagged ``Dangerous: Do Not Use'' or with similar language in accordance
with Sec.1910.145 and removed from service until repaired in
accordance with Sec.1910.22(d), or replaced;
(11) Each employee faces the ladder when climbing up or down it;
(12) Each employee uses at least one hand to grasp the ladder when
climbing up and down it; and
(13) No employee carries any object or load that could cause the
employee to lose balance and fall while climbing up or down the ladder.
(c) Portable ladders. The employer must ensure:
(1) Rungs and steps of portable metal ladders are corrugated,
knurled, dimpled, coated with skid-resistant material, or otherwise
treated to minimize the possibility of slipping;
(2) Each stepladder or combination ladder used in a stepladder mode
is equipped with a metal spreader or locking device that securely holds
the front and back sections in an open position while the ladder is in
use;
(3) Ladders are not loaded beyond the maximum intended load;
Note to paragraph (c)(3): The maximum intended load, as defined in
Sec.1910.21(b), includes the total load (weight and force) of the
employee and all tools, equipment, and materials being carried.
(4) Ladders are used only on stable and level surfaces unless they
are secured or stabilized to prevent accidental displacement;
(5) No portable single rail ladders are used;
(6) No ladder is moved, shifted, or extended while an employee is on
it;
(7) Ladders placed in locations such as passageways, doorways, or
driveways where they can be displaced by other activities or traffic:
(i) Are secured to prevent accidental displacement; or
(ii) Are guarded by a temporary barricade, such as a row of traffic
cones or caution tape, to keep the activities or traffic away from the
ladder;
(8) The cap (if equipped) and top step of a stepladder are not used
as steps;
(9) Portable ladders used on slippery surfaces are secured and
stabilized;
(10) The top of a non-self-supporting ladder is placed so that both
side rails are supported, unless the ladder is equipped with a single
support attachment;
(11) Portable ladders used to gain access to an upper landing
surface have side rails that extend at least 3 feet (0.9 m) above the
upper landing surface (see Figure D-1 of this section);
(12) Ladders and ladder sections are not tied or fastened together
to provide added length unless they are specifically designed for such
use;
(13) Ladders are not placed on boxes, barrels, or other unstable
bases to obtain additional height.
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[GRAPHIC] [TIFF OMITTED] TR18NO16.346
(d) Fixed ladders. The employer must ensure:
(1) Fixed ladders are capable of supporting their maximum intended
load;
(2) The minimum perpendicular distance from the centerline of the
steps or rungs, or grab bars, or both, to the nearest permanent object
in back of the ladder is 7 inches (18 cm), except for elevator pit
ladders, which have a minimum perpendicular distance of 4.5 inches (11
cm);
(3) Grab bars do not protrude on the climbing side beyond the rungs
of the ladder that they serve;
(4) The side rails of through or side-step ladders extend at least
42 inches (1.1 m) above the top of the access level or landing platform
served by the ladder. For parapet ladders, the access level is:
(i) The roof, if the parapet is cut to permit passage through the
parapet; or
(ii) The top of the parapet, if the parapet is continuous;
(5) For through ladders, the steps or rungs are omitted from the
extensions, and the side rails are flared to provide not less than 24
inches (61cm) and not more than 30 inches (76 cm) of clearance. When a
ladder safety system is provided, the maximum clearance between side
rails of the extension must not exceed 36 inches (91 cm);
(6) For side-step ladders, the side rails, rungs, and steps must be
continuous in the extension (see Figure D-2 of this section);
(7) Grab bars extend 42 inches (1.1 m) above the access level or
landing platforms served by the ladder;
(8) The minimum size (cross-section) of grab bars is the same size
as the rungs of the ladder.
(9) When a fixed ladder terminates at a hatch (see Figure D-3 of
this section), the hatch cover:
(i) Opens with sufficient clearance to provide easy access to or
from the ladder; and
(ii) Opens at least 70 degrees from horizontal if the hatch is
counterbalanced;
(10) Individual-rung ladders are constructed to prevent the
employee's feet from sliding off the ends of the rungs (see Figure D-4
of this section);
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(11) Fixed ladders having a pitch greater than 90 degrees from the
horizontal are not used;
(12) The step-across distance from the centerline of the rungs or
steps is:
(i) For through ladders, not less than 7 inches (18 cm) and not more
than 12 inches (30 cm) to the nearest edge of the structure, building,
or equipment accessed from the ladders;
(ii) For side-step ladders, not less than 15 inches (38 cm) and not
more than 20 inches (51 cm) to the access points of the platform edge;
(13) Fixed ladders that do not have cages or wells have:
(i) A clear width of at least 15 inches (38 cm) on each side of the
ladder centerline to the nearest permanent object; and
(ii) A minimum perpendicular distance of 30 inches (76 cm) from the
centerline of the steps or rungs to the nearest object on the climbing
side. When unavoidable obstructions are encountered, the minimum
clearance at the obstruction may be reduced to 24 inches (61 cm),
provided deflector plates are installed (see Figure D-5 of this
section).
Note to paragraph (d): Section 1910.28 establishes the employer's
duty to provide fall protection for employees on fixed ladders, and
Sec.1910.29 specifies the criteria for fall protection systems for
fixed ladders.
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[GRAPHIC] [TIFF OMITTED] TR18NO16.348
(e) Mobile ladder stands and mobile ladder stand platforms--(1)
General requirements. The employer must ensure:
(i) Mobile ladder stands and platforms have a step width of at least
16 inches (41 cm);
(ii) The steps and platforms of mobile ladder stands and platforms
are slip resistant. Slip-resistant surfaces must be either an integral
part of the design and construction of the mobile ladder stand and
platform, or provided as a secondary process or operation, such as
dimpling, knurling, shotblasting, coating, spraying, or applying durable
slip-resistant tapes;
(iii) Mobile ladder stands and platforms are capable of supporting
at least four times their maximum intended load;
(iv) Wheels or casters under load are capable of supporting their
proportional share of four times the maximum intended load, plus their
proportional share of the unit's weight;
(v) Unless otherwise specified in this section, mobile ladder stands
and platforms with a top step height of 4 feet (1.2 m) or above have
handrails with a vertical height of 29.5 inches (75 cm) to 37 inches (94
cm), measured from the front edge of a step. Removable gates or non-
rigid members, such as chains, may be used instead of handrails in
special-use applications;
(vi) The maximum work-surface height of mobile ladder stands and
platforms does not exceed four times the shortest base dimension,
without additional support. For greater heights, outriggers,
counterweights, or comparable means that stabilize the mobile ladder
stands and platforms and prevent overturning must be used;
(vii) Mobile ladder stands and platforms that have wheels or casters
are equipped with a system to impede horizontal movement when an
employee is on the stand or platform; and
(viii) No mobile ladder stand or platform moves when an employee is
on it.
(2) Design requirements for mobile ladder stands. The employer must
ensure:
(i) Steps are uniformly spaced and arranged, with a rise of not more
than 10 inches (25 cm) and a depth of not less than 7 inches (18 cm).
The slope of the step stringer to which the steps are attached must not
be more than 60 degrees, measured from the horizontal;
(ii) Mobile ladder stands with a top step height above 10 feet (3 m)
have the top step protected on three sides by a handrail with a vertical
height of at least 36 inches (91 cm); and top steps that are 20 inches
(51 cm) or more,
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front to back, have a midrail and toeboard. Removable gates or non-rigid
members, such as chains, may be used instead of handrails in special-use
applications; and
(iii) The standing area of mobile ladder stands is within the base
frame.
(3) Design requirements for mobile ladder stand platforms. The
employer must ensure:
(i) Steps of mobile ladder stand platforms meet the requirements of
paragraph (e)(2)(i) of this section. When the employer demonstrates that
the requirement is not feasible, steeper slopes or vertical rung ladders
may be used, provided the units are stabilized to prevent overturning;
(ii) Mobile ladder stand platforms with a platform height of 4 to 10
feet (1.2 m to 3 m) have, in the platform area, handrails with a
vertical height of at least 36 inches (91 cm) and midrails; and
(iii) All ladder stand platforms with a platform height above 10
feet (3 m) have guardrails and toeboards on the exposed sides and ends
of the platform.
(iv) Removable gates or non-rigid members, such as chains, may be
used on mobile ladder stand platforms instead of handrails and
guardrails in special-use applications.
[81 FR 82981, Nov. 18, 2016, as amended at 84 FR 68795, Dec. 17, 2019]
Sec.1910.24 Step bolts and manhole steps.
(a) Step bolts. The employer must ensure:
(1) Each step bolt installed on or after January 17, 2017 in an
environment where corrosion may occur is constructed of, or coated with,
material that protects against corrosion;
(2) Each step bolt is designed, constructed, and maintained to
prevent the employee's foot from slipping off the end of the step bolt;
(3) Step bolts are uniformly spaced at a vertical distance of not
less than 12 inches (30 cm) and not more than 18 inches (46 cm) apart,
measured center to center (see Figure D-6 of this section). The spacing
from the entry and exit surface to the first step bolt may differ from
the spacing between the other step bolts;
(4) Each step bolt has a minimum clear width of 4.5 inches (11 cm);
(5) The minimum perpendicular distance between the centerline of
each step bolt to the nearest permanent object in back of the step bolt
is 7 inches (18 cm). When the employer demonstrates that an obstruction
cannot be avoided, the distance must be at least 4.5 inches (11 cm);
(6) Each step bolt installed before January 17, 2017 is capable of
supporting its maximum intended load;
(7) Each step bolt installed on or after January 17, 2017 is capable
of supporting at least four times its maximum intended load;
(8) Each step bolt is inspected at the start of the workshift and
maintained in accordance with Sec.1910.22; and
(9) Any step bolt that is bent more than 15 degrees from the
perpendicular in any direction is removed and replaced with a step bolt
that meets the requirements of this section before an employee uses it.
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(b) Manhole steps. (1) The employer must ensure that each manhole
step is capable of supporting its maximum intended load.
(2) The employer must ensure that each manhole step installed on or
after January 17, 2017:
(i) Has a corrugated, knurled, dimpled, or other surface that
minimizes the possibility of an employee slipping;
(ii) Is constructed of, or coated with, material that protects
against corrosion if the manhole step is located in an environment where
corrosion may occur;
(iii) Has a minimum clear step width of 10 inches (25 cm);
(iv) Is uniformly spaced at a vertical distance not more than 16
inches (41 cm) apart, measured center to center between steps. The
spacing from the entry and exit surface to the first manhole step may
differ from the spacing between the other steps.
(v) Has a minimum perpendicular distance between the centerline of
the manhole step to the nearest permanent object in back of the step of
at least 4.5 inches (11 cm); and
(vi) Is designed, constructed, and maintained to prevent the
employee's foot from slipping or sliding off the end.
(3) The employer must ensure that each manhole step is inspected at
the start of the work shift and maintained in accordance with Sec.
1910.22.
Sec.1910.25 Stairways.
(a) Application. This section covers all stairways (including
standard, spiral, ship, and alternating tread-type stairs), except for
articulated stairs (stairs that change pitch due to change in height at
the point of attachment) such as those serving floating roof tanks,
stairs on scaffolds, stairs designed into machines or equipment, and
stairs on self-propelled motorized equipment.
(b) General requirements. The employer must ensure:
(1) Handrails, stair rail systems, and guardrail systems are
provided in accordance with Sec.1910.28;
(2) Vertical clearance above any stair tread to any overhead
obstruction is at least 6 feet, 8 inches (203 cm), as measured from the
leading edge of the tread. Spiral stairs must meet the vertical
clearance requirements in paragraph (d)(3) of this section.
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(3) Stairs have uniform riser heights and tread depths between
landings;
(4) Stairway landings and platforms are at least the width of the
stair and at least 30 inches (76 cm) in depth, as measured in the
direction of travel;
(5) When a door or a gate opens directly on a stairway, a platform
is provided, and the swing of the door or gate does not reduce the
platform's effective usable depth to:
(i) Less than 20 inches (51 cm) for platforms installed before
January 17, 2017; and
(ii) Less than 22 inches (56 cm) for platforms installed on or after
January 17, 2017 (see Figure D-7 of this section);
(6) Each stair can support at least five times the normal
anticipated live load, but never less than a concentrated load of 1,000
pounds (454 kg) applied at any point;
(7) Standard stairs are used to provide access from one walking-
working surface to another when operations necessitate regular and
routine travel between levels, including access to operating platforms
for equipment. Winding stairways may be used on tanks and similar round
structures when the diameter of the tank or structure is at least 5 feet
(1.5 m).
(8) Spiral, ship, or alternating tread-type stairs are used only
when the employer can demonstrate that it is not feasible to provide
standard stairs.
(9) When paragraph (b)(8) of this section allows the use of spiral,
ship, or alternating tread-type stairs, they are installed, used, and
maintained in accordance with manufacturer's instructions.
[GRAPHIC] [TIFF OMITTED] TR18NO16.350
(c) Standard stairs. In addition to paragraph (b) of this section,
the employer must ensure standard stairs:
(1) Are installed at angles between 30 to 50 degrees from the
horizontal;
(2) Have a maximum riser height of 9.5 inches (24 cm);
(3) Have a minimum tread depth of 9.5 inches (24 cm); and
(4) Have a minimum width of 22 inches (56 cm) between vertical
barriers (see Figure D-8 of this section).
(5) Exception to paragraphs (c)(2) and (3) of this section. The
requirements of paragraphs (c)(2) and (3) do not apply to standard
stairs installed prior to January 17, 2017. OSHA will deem those stairs
in compliance if they meet the dimension requirements specified in Table
D-1 of this section or they use a combination that achieves the angle
requirements of paragraph (c)(1) of this section.
[[Page 134]]
[GRAPHIC] [TIFF OMITTED] TR18NO16.351
[GRAPHIC] [TIFF OMITTED] TR17DE19.018
(d) Spiral stairs. In addition to paragraph (b) of this section, the
employer must ensure spiral stairs:
(1) Have a minimum clear width of 26 inches (66 cm);
(2) Have a maximum riser height of 9.5 inches (24 cm);
(3) Have a minimum headroom above spiral stair treads of at least 6
feet, 6 inches (2 m), measured from the leading edge of the tread;
(4) Have a minimum tread depth of 7.5 inches (19 cm), measured at a
point 12 inches (30 cm) from the narrower edge;
(5) Have a uniform tread size;
(e) Ship stairs. In addition to paragraph (b) of this section, the
employer
[[Page 135]]
must ensure ship stairs (see Figure D-9 of this section):
(1) Are installed at a slope of 50 to 70 degrees from the
horizontal;
(2) Have open risers with a vertical rise between tread surfaces of
6.5 to 12 inches (17 to 30 cm);
(3) Have minimum tread depth of 4 inches (10 cm); and
(4) Have a minimum tread width of 18 inches (46 cm).
[GRAPHIC] [TIFF OMITTED] TR18NO16.353
(f) Alternating tread-type stairs. In addition to paragraph (b) of
this section, the employer must ensure alternating tread-type stairs:
(1) Have a series of treads installed at a slope of 50 to 70 degrees
from the horizontal;
(2) Have a distance between handrails of 17 to 24 inches (51 to 61
cm);
(3) Have a minimum tread depth of 8.5 inches (22 cm); and
(4) Have open risers if the tread depth is less than 9.5 inches (24
cm);
(5) Have a minimum tread width of 7 inches (18 cm), measured at the
leading edge of the tread (i.e., nosing).
[[Page 136]]
[GRAPHIC] [TIFF OMITTED] TR18NO16.354
[81 FR 82981, Nov. 18, 2016, as amended at 84 FR 68795, Dec. 17, 2019]
Sec.1910.26 Dockboards.
The employer must ensure that each dockboard used meets the
requirements of this section. The employer must ensure:
(a) Dockboards are capable of supporting the maximum intended load
in accordance with Sec.1910.22(b);
(b)(1) Dockboards put into initial service on or after January 17,
2017 are designed, constructed, and maintained to prevent transfer
vehicles from running off the dockboard edge;
[[Page 137]]
(2) Exception to paragraph (b)(1) of this section. When the employer
demonstrates there is no hazard of transfer vehicles running off the
dockboard edge, the employer may use dockboards that do not have run-off
protection.
(c) Portable dockboards are secured by anchoring them in place or
using equipment or devices that prevent the dockboard from moving out of
a safe position. When the employer demonstrates that securing the
dockboard is not feasible, the employer must ensure there is sufficient
contact between the dockboard and the surface to prevent the dockboard
from moving out of a safe position;
(d) Measures, such as wheel chocks or sand shoes, are used to
prevent the transport vehicle (e.g. a truck, semi-trailer, trailer, or
rail car) on which a dockboard is placed, from moving while employees
are on the dockboard; and
(e) Portable dockboards are equipped with handholds or other means
to permit safe handling of dockboards.
Sec.1910.27 Scaffolds and rope descent systems.
(a) Scaffolds. Scaffolds used in general industry must meet the
requirements in 29 CFR part 1926, subpart L (Scaffolds).
(b) Rope descent systems--(1) Anchorages. (i) Before any rope
descent system is used, the building owner must inform the employer, in
writing that the building owner has identified, tested, certified, and
maintained each anchorage so it is capable of supporting at least 5,000
pounds (2,268 kg), in any direction, for each employee attached. The
information must be based on an annual inspection by a qualified person
and certification of each anchorage by a qualified person, as necessary,
and at least every 10 years.
(ii) The employer must ensure that no employee uses any anchorage
before the employer has obtained written information from the building
owner that each anchorage meets the requirements of paragraph (b)(1)(i)
of this section. The employer must keep the information for the duration
of the job.
(iii) The requirements in paragraphs (b)(1)(i) and (ii) of this
section must be implemented no later than November 20, 2017.
(2) Use of rope descent systems. The employer must ensure:
(i) No rope descent system is used for heights greater than 300 feet
(91 m) above grade unless the employer demonstrates that it is not
feasible to access such heights by any other means or that those means
pose a greater hazard than using a rope descent system;
(ii) The rope descent system is used in accordance with
instructions, warnings, and design limitations set by the manufacturer
or under the direction of a qualified person;
(iii) Each employee who uses the rope descent system is trained in
accordance with Sec.1910.30;
(iv) The rope descent system is inspected at the start of each
workshift that it is to be used. The employer must ensure damaged or
defective equipment is removed from service immediately and replaced;
(v) The rope descent system has proper rigging, including anchorages
and tiebacks, with particular emphasis on providing tiebacks when
counterweights, cornice hooks, or similar non-permanent anchorages are
used;
(vi) Each employee uses a separate, independent personal fall arrest
system that meets the requirements of subpart I of this part;
(vii) All components of each rope descent system, except seat
boards, are capable of sustaining a minimum rated load of 5,000 pounds
(22.2 kN). Seat boards must be capable of supporting a live load of 300
pounds (136 kg);
(viii) Prompt rescue of each employee is provided in the event of a
fall;
(ix) The ropes of each rope descent system are effectively padded or
otherwise protected, where they can contact edges of the building,
anchorage, obstructions, or other surfaces, to prevent them from being
cut or weakened;
(x) Stabilization is provided at the specific work location when
descents are greater than 130 feet (39.6 m);
(xi) No employee uses a rope descent system when hazardous weather
conditions, such as storms or gusty or excessive wind, are present;
(xii) Equipment, such as tools, squeegees, or buckets, is secured by
a tool
[[Page 138]]
lanyard or similar method to prevent it from falling; and
(xiii) The ropes of each rope descent system are protected from
exposure to open flames, hot work, corrosive chemicals, and other
destructive conditions.
[81 FR 82981, Nov. 18, 2016, as amended at 84 FR 68796, Dec. 17, 2019]
Sec.1910.28 Duty to have fall protection and falling object
protection.
(a) General. (1) This section requires employers to provide
protection for each employee exposed to fall and falling object hazards.
Unless stated otherwise, the employer must ensure that all fall
protection and falling object protection required by this section meet
the criteria in Sec.1910.29, except that personal fall protection
systems required by this section meet the criteria of Sec.1910.140.
(2) This section does not apply:
(i) To portable ladders;
(ii) When employers are inspecting, investigating, or assessing
workplace conditions or work to be performed prior to the start of work
or after all work has been completed. This exemption does not apply when
fall protection systems or equipment meeting the requirements of Sec.
1910.29 have been installed and are available for workers to use for
pre-work and post-work inspections, investigations, or assessments;
(iii) To fall hazards presented by the exposed perimeters of
entertainment stages and the exposed perimeters of rail-station
platforms;
(iv) To powered platforms covered by Sec.1910.66(j);
(v) To aerial lifts covered by Sec.1910.67(c)(2)(v);
(vi) To telecommunications work covered by Sec.1910.268(n)(7) and
(8); and
(vii) To electric power generation, transmission, and distribution
work covered by Sec.1910.269(g)(2)(i).
(b) Protection from fall hazards--(1) Unprotected sides and edges.
(i) Except as provided elsewhere in this section, the employer must
ensure that each employee on a walking-working surface with an
unprotected side or edge that is 4 feet (1.2 m) or more above a lower
level is protected from falling by one or more of the following:
(A) Guardrail systems;
(B) Safety net systems; or
(C) Personal fall protection systems, such as personal fall arrest,
travel restraint, or positioning systems.
(ii) When the employer can demonstrate that it is not feasible or
creates a greater hazard to use guardrail, safety net, or personal fall
protection systems on residential roofs, the employer must develop and
implement a fall protection plan that meets the requirements of 29 CFR
1926.502(k) and training that meets the requirements of 29 CFR
1926.503(a) and (c).
Note to paragraph (b)(1)(ii) of this section: There is a presumption
that it is feasible and will not create a greater hazard to use at least
one of the above-listed fall protection systems specified in paragraph
(b)(1)(i) of this section. Accordingly, the employer has the burden of
establishing that it is not feasible or creates a greater hazard to
provide the fall protection systems specified in paragraph (b)(1)(i) and
that it is necessary to implement a fall protection plan that complies
with Sec.1926.502(k) in the particular work operation, in lieu of
implementing any of those systems.
(iii) When the employer can demonstrate that the use of fall
protection systems is not feasible on the working side of a platform
used at a loading rack, loading dock, or teeming platform, the work may
be done without a fall protection system, provided:
(A) The work operation for which fall protection is infeasible is in
process;
(B) Access to the platform is limited to authorized employees; and,
(C) The authorized employees are trained in accordance with Sec.
1910.30.
(2) Hoist areas. The employer must ensure:
(i) Each employee in a hoist area is protected from falling 4 feet
(1.2 m) or more to a lower level by:
(A) A guardrail system;
(B) A personal fall arrest system; or
(C) A travel restraint system.
(ii) When any portion of a guardrail system, gate, or chains is
removed, and an employee must lean through or over the edge of the
access opening to facilitate hoisting, the employee is protected from
falling by a personal fall arrest system.
(iii) If grab handles are installed at hoist areas, they meet the
requirements of Sec.1910.29(l).
(3) Holes. The employer must ensure:
[[Page 139]]
(i) Each employee is protected from falling through any hole
(including skylights) that is 4 feet (1.2 m) or more above a lower level
by one or more of the following:
(A) Covers;
(B) Guardrail systems;
(C) Travel restraint systems; or
(D) Personal fall arrest systems.
(ii) Each employee is protected from tripping into or stepping into
or through any hole that is less than 4 feet (1.2 m) above a lower level
by covers or guardrail systems.
(iii) Each employee is protected from falling into a stairway floor
hole by a fixed guardrail system on all exposed sides, except at the
stairway entrance. However, for any stairway used less than once per day
where traffic across the stairway floor hole prevents the use of a fixed
guardrail system (e.g., holes located in aisle spaces), the employer may
protect employees from falling into the hole by using a hinged floor
hole cover that meets the criteria in Sec.1910.29 and a removable
guardrail system on all exposed sides, except at the entrance to the
stairway.
(iv) Each employee is protected from falling into a ladderway floor
hole or ladderway platform hole by a guardrail system and toeboards
erected on all exposed sides, except at the entrance to the hole, where
a self-closing gate or an offset must be used.
(v) Each employee is protected from falling through a hatchway and
chute-floor hole by:
(A) A hinged floor-hole cover that meets the criteria in Sec.
1910.29 and a fixed guardrail system that leaves only one exposed side.
When the hole is not in use, the employer must ensure the cover is
closed or a removable guardrail system is provided on the exposed sides;
(B) A removable guardrail system and toeboards on not more than two
sides of the hole and a fixed guardrail system on all other exposed
sides. The employer must ensure the removable guardrail system is kept
in place when the hole is not in use; or
(C) A guardrail system or a travel restraint system when a work
operation necessitates passing material through a hatchway or chute
floor hole.
(4) Dockboards. (i) The employer must ensure that each employee on a
dockboard is protected from falling 4 feet (1.2 m) or more to a lower
level by a guardrail system or handrails.
(ii) A guardrail system or handrails are not required when:
(A) Dockboards are being used solely for materials-handling
operations using motorized equipment;
(B) Employees engaged in these operations are not exposed to fall
hazards greater than 10 feet (3 m); and
(C) Those employees have been trained in accordance with Sec.
1910.30.
(5) Runways and similar walkways. (i) The employer must ensure each
employee on a runway or similar walkway is protected from falling 4 feet
(1.2 m) or more to a lower level by a guardrail system.
(ii) When the employer can demonstrate that it is not feasible to
have guardrails on both sides of a runway used exclusively for a special
purpose, the employer may omit the guardrail on one side of the runway,
provided the employer ensures:
(A) The runway is at least 18 inches (46 cm) wide; and
(B) Each employee is provided with and uses a personal fall arrest
system or travel restraint system.
(6) Dangerous equipment. The employer must ensure:
(i) Each employee less than 4 feet (1.2 m) above dangerous equipment
is protected from falling into or onto the dangerous equipment by a
guardrail system or a travel restraint system, unless the equipment is
covered or guarded to eliminate the hazard.
(ii) Each employee 4 feet (1.2 m) or more above dangerous equipment
must be protected from falling by:
(A) Guardrail systems;
(B) Safety net systems;
(C) Travel restraint systems; or
(D) Personal fall arrest systems.
(7) Openings. The employer must ensure that each employee on a
walking-working surface near an opening, including one with a chute
attached, where the inside bottom edge of the opening is less than 39
inches (99 cm) above that walking-working surface and the outside bottom
edge of the opening is 4 feet (1.2 m) or more above
[[Page 140]]
a lower level is protected from falling by the use of:
(i) Guardrail systems;
(ii) Safety net systems;
(iii) Travel restraint systems; or,
(iv) Personal fall arrest systems.
(8) Repair pits, service pits, and assembly pits less than 10 feet
in depth. The use of a fall protection system is not required for a
repair pit, service pit, or assembly pit that is less than 10 feet (3 m)
deep, provided the employer:
(i) Limits access within 6 feet (1.8 m) of the edge of the pit to
authorized employees trained in accordance with Sec.1910.30;
(ii) Applies floor markings at least 6 feet (1.8 m) from the edge of
the pit in colors that contrast with the surrounding area; or places a
warning line at least 6 feet (1.8 m) from the edge of the pit as well as
stanchions that are capable of resisting, without tipping over, a force
of at least 16 pounds (71 N) applied horizontally against the stanchion
at a height of 30 inches (76 cm); or places a combination of floor
markings and warning lines at least 6 feet (1.8 m) from the edge of the
pit. When two or more pits in a common area are not more than 15 feet
(4.5m) apart, the employer may comply by placing contrasting floor
markings at least 6 feet (1.8 m) from the pit edge around the entire
area of the pits; and
(iii) Posts readily visible caution signs that meet the requirements
of Sec.1910.145 and state ``Caution--Open Pit.''
(9) Fixed ladders (that extend more than 24 feet (7.3 m) above a
lower level). (i) For fixed ladders that extend more than 24 feet (7.3
m) above a lower level, the employer must ensure:
(A) Existing fixed ladders. Each fixed ladder installed before
November 19, 2018 is equipped with a personal fall arrest system, ladder
safety system, cage, or well;
(B) New fixed ladders. Each fixed ladder installed on and after
November 19, 2018, is equipped with a personal fall arrest system or a
ladder safety system;
(C) Replacement. When a fixed ladder, cage, or well, or any portion
of a section thereof, is replaced, a personal fall arrest system or
ladder safety system is installed in at least that section of the fixed
ladder, cage, or well where the replacement is located; and
(D) Final deadline. On and after November 18, 2036, all fixed
ladders are equipped with a personal fall arrest system or a ladder
safety system.
(ii) When a one-section fixed ladder is equipped with a personal
fall protection or a ladder safety system or a fixed ladder is equipped
with a personal fall arrest or ladder safety system on more than one
section, the employer must ensure:
(A) The personal fall arrest system or ladder safety system provides
protection throughout the entire vertical distance of the ladder,
including all ladder sections; and
(B) The ladder has rest platforms provided at maximum intervals of
150 feet (45.7 m).
(iii) The employer must ensure ladder sections having a cage or
well:
(A) Are offset from adjacent sections; and
(B) Have landing platforms provided at maximum intervals of 50 feet
(15.2 m).
(iv) The employer may use a cage or well in combination with a
personal fall arrest system or ladder safety system provided that the
cage or well does not interfere with the operation of the system.
(10) Outdoor advertising (billboards). (i) The requirements in
paragraph (b)(9) of this section, and other requirements in subparts D
and I of this part, apply to fixed ladders used in outdoor advertising
activities.
(ii) When an employee engaged in outdoor advertising climbs a fixed
ladder before November 19, 2018 that is not equipped with a cage, well,
personal fall arrest system, or a ladder safety system the employer must
ensure the employee:
(A) Receives training and demonstrates the physical capability to
perform the necessary climbs in accordance with Sec.1910.29(h);
(B) Wears a body harness equipped with an 18-inch (46 cm) rest
lanyard;
(C) Keeps both hands free of tools or material when climbing on the
ladder; and
(D) Is protected by a fall protection system upon reaching the work
position.
[[Page 141]]
(11) Stairways. The employer must ensure:
(i) Each employee exposed to an unprotected side or edge of a
stairway landing that is 4 feet (1.2 m) or more above a lower level is
protected by a guardrail or stair rail system;
(ii) Each flight of stairs having at least 3 treads and at least 4
risers is equipped with stair rail systems and handrails as follows:
[GRAPHIC] [TIFF OMITTED] TR18NO16.355
(iii) Each ship stairs and alternating tread type stairs is equipped
with handrails on both sides.
(12) Scaffolds and rope descent systems. The employer must ensure:
(i) Each employee on a scaffold is protected from falling in
accordance 29 CFR part 1926, subpart L; and
(ii) Each employee using a rope descent system 4 feet (1.2 m) or
more above a lower level is protected from falling by a personal fall
arrest system.
(13) Work on low-slope roofs. (i) When work is performed less than 6
feet (1.6 m) from the roof edge, the employer must ensure each employee
is protected from falling by a guardrail system, safety net system,
travel restraint system, or personal fall arrest system.
(ii) When work is performed at least 6 feet (1.6 m) but less than 15
feet (4.6 m) from the roof edge, the employer must ensure each employee
is protected from falling by using a guardrail system, safety net
system, travel restraint system, or personal fall arrest system. The
employer may use a designated area when performing work that is both
infrequent and temporary.
(iii) When work is performed 15 feet (4.6 m) or more from the roof
edge, the employer must:
(A) Protect each employee from falling by a guardrail system, safety
net system, travel restraint system, or personal fall arrest system or a
designated area. The employer is not required to provide any fall
protection, provided
[[Page 142]]
the work is both infrequent and temporary; and
(B) Implement and enforce a work rule prohibiting employees from
going within 15 feet (4.6 m) of the roof edge without using fall
protection in accordance with paragraphs (b)(13)(i) and (ii) of this
section.
(14) Slaughtering facility platforms. (i) The employer must protect
each employee on the unprotected working side of a slaughtering facility
platform that is 4 feet (1.2 m) or more above a lower level from falling
by using:
(A) Guardrail systems; or
(B) Travel restraint systems.
(ii) When the employer can demonstrate the use of a guardrail or
travel restraint system is not feasible, the work may be done without
those systems provided:
(A) The work operation for which fall protection is infeasible is in
process;
(B) Access to the platform is limited to authorized employees; and
(C) The authorized employees are trained in accordance with Sec.
1910.30.
(15) Walking-working surfaces not otherwise addressed. Except as
provided elsewhere in this section or by other subparts of this part,
the employer must ensure each employee on a walking-working surface 4
feet (1.2 m) or more above a lower level is protected from falling by:
(i) Guardrail systems;
(ii) Safety net systems; or
(iii) Personal fall protection systems, such as personal fall
arrest, travel restraint, or positioning systems.
(c) Protection from falling objects. When an employee is exposed to
falling objects, the employer must ensure that each employee wears head
protection that meets the requirements of subpart I of this part. In
addition, the employer must protect employees from falling objects by
implementing one or more of the following:
(1) Erecting toeboards, screens, or guardrail systems to prevent
objects from falling to a lower level;
(2) Erecting canopy structures and keeping potential falling objects
far enough from an edge, hole, or opening to prevent them from falling
to a lower level; or
(3) Barricading the area into which objects could fall, prohibiting
employees from entering the barricaded area, and keeping objects far
enough from an edge or opening to prevent them from falling to a lower
level.
Sec.1910.29 Fall protection systems and falling object protection
--criteria and practices.
(a) General requirements. The employer must:
(1) Ensure each fall protection system and falling object
protection, other than personal fall protection systems, that this part
requires meets the requirements in this section. The employer must
ensure each personal fall protection system meets the requirements in
subpart I of this part; and
(2) Provide and install all fall protection systems and falling
object protection this subpart requires, and comply with the other
requirements in this subpart before any employee begins work that
necessitates fall or falling object protection.
(b) Guardrail systems. The employer must ensure guardrail systems
meet the following requirements:
(1) The top edge height of top rails, or equivalent guardrail system
members, are 42 inches (107 cm), plus or minus 3 inches (8 cm), above
the walking-working surface. The top edge height may exceed 45 inches
(114 cm), provided the guardrail system meets all other criteria of
paragraph (b) of this section (see Figure D-11 of this section).
(2) Midrails, screens, mesh, intermediate vertical members, solid
panels, or equivalent intermediate members are installed between the
walking-working surface and the top edge of the guardrail system as
follows when there is not a wall or parapet that is at least 21 inches
(53 cm) high:
(i) Midrails are installed at a height midway between the top edge
of the guardrail system and the walking-working surface;
(ii) Screens and mesh extend from the walking-working surface to the
top rail and along the entire opening between top rail supports;
(iii) Intermediate vertical members (such as balusters) are
installed no more than 19 inches (48 cm) apart; and
(iv) Other equivalent intermediate members (such as additional
midrails
[[Page 143]]
and architectural panels) are installed so that the openings are not
more than 19 inches (48 cm) wide.
(3) Guardrail systems are capable of withstanding, without failure,
a force of at least 200 pounds (890 N) applied in a downward or outward
direction within 2 inches (5 cm) of the top edge, at any point along the
top rail.
(4) When the 200-pound (890-N) test load is applied in a downward
direction, the top rail of the guardrail system must not deflect to a
height of less than 39 inches (99 cm) above the walking-working surface.
(5) Midrails, screens, mesh, intermediate vertical members, solid
panels, and other equivalent intermediate members are capable of
withstanding, without failure, a force of at least 150 pounds (667 N)
applied in any downward or outward direction at any point along the
intermediate member.
(6) Guardrail systems are smooth-surfaced to protect employees from
injury, such as punctures or lacerations, and to prevent catching or
snagging of clothing.
(7) The ends of top rails and midrails do not overhang the terminal
posts, except where the overhang does not pose a projection hazard for
employees.
(8) Steel banding and plastic banding are not used for top rails or
midrails.
(9) Top rails and midrails are at least 0.25-inches (0.6 cm) in
diameter or in thickness.
(10) When guardrail systems are used at hoist areas, a removable
guardrail section, consisting of a top rail and midrail, are placed
across the access opening between guardrail sections when employees are
not performing hoisting operations. The employer may use chains or gates
instead of a removable guardrail section at hoist areas if the employer
demonstrates the chains or gates provide a level of safety equivalent to
guardrails.
(11) When guardrail systems are used around holes, they are
installed on all unprotected sides or edges of the hole.
(12) For guardrail systems used around holes through which materials
may be passed:
(i) When materials are being passed through the hole, not more than
two sides of the guardrail system are removed; and
(ii) When materials are not being passed through the hole, the hole
must be guarded by a guardrail system along all unprotected sides or
edges or closed over with a cover.
(13) When guardrail systems are used around holes that serve as
points of access (such as ladderways), the guardrail system opening:
(i) Has a self-closing gate that slides or swings away from the
hole, and is equipped with a top rail and midrail or equivalent
intermediate member that meets the requirements in paragraph (b) of this
section; or
(ii) Is offset to prevent an employee from walking or falling into
the hole;
(14) Guardrail systems on ramps and runways are installed along each
unprotected side or edge.
(15) Manila or synthetic rope used for top rails or midrails are
inspected as necessary to ensure that the rope continues to meet the
strength requirements in paragraphs (b)(3) and (5) of this section.
Note to paragraph (b) of this section: The criteria and practices
requirements for guardrail systems on scaffolds are contained in 29 CFR
part 1926, subpart L.
[[Page 144]]
[GRAPHIC] [TIFF OMITTED] TR17DE19.019
(c) Safety net systems. The employer must ensure each safety net
system meets the requirements in 29 CFR part 1926, subpart M.
(d) Designated areas. (1) When the employer uses a designated area,
the employer must ensure:
(i) Employees remain within the designated area while work
operations are underway; and
(ii) The perimeter of the designated area is delineated with a
warning line consisting of a rope, wire, tape, or chain that meets the
requirements of paragraphs (d)(2) and (3) of this section.
(2) The employer must ensure each warning line:
(i) Has a minimum breaking strength of 200 pounds (0.89 kN);
(ii) Is installed so its lowest point, including sag, is not less
than 34 inches (86 cm) and not more than 39 inches (99 cm) above the
walking-working surface;
(iii) Is supported in such a manner that pulling on one section of
the line will not result in slack being taken up in adjacent sections
causing the line to fall below the limits specified in paragraph
(d)(2)(ii) of this section;
(iv) Is clearly visible from a distance of 25 feet (7.6 m) away, and
anywhere within the designated area;
(v) Is erected as close to the work area as the task permits; and
(vi) Is erected not less than 6 feet (1.8 m) from the roof edge for
work that is both temporary and infrequent, or not less than 15 feet
(4.6 m) for other work.
(3) When mobile mechanical equipment is used to perform work that is
both temporary and infrequent in a designated area, the employer must
ensure the warning line is erected not less than 6 feet (1.8 m) from the
unprotected side or edge that is parallel to the direction in which the
mechanical equipment is operated, and not less than 10 feet (3 m) from
the unprotected side or edge that is perpendicular to the direction in
which the mechanical equipment is operated.
(e) Covers. The employer must ensure each cover for a hole in a
walking-working surface:
(1) Is capable of supporting without failure, at least twice the
maximum intended load that may be imposed on the cover at any one time;
and
(2) Is secured to prevent accidental displacement.
(f) Handrails and stair rail systems. The employer must ensure:
(1) Height criteria. (i) Handrails are not less than 30 inches (76
cm) and not more than 38 inches (97 cm), as measured from the leading
edge of the stair
[[Page 145]]
tread to the top surface of the handrail (see Figure D-12 of this
section).
(ii) The height of stair rail systems meets the following:
(A) The height of stair rail systems installed before January 17,
2017 is not less than 30 inches (76 cm) from the leading edge of the
stair tread to the top surface of the top rail; and
(B) The height of stair rail systems installed on or after January
17, 2017 is not less than 42 inches (107 cm) from the leading edge of
the stair tread to the top surface of the top rail.
(iii) The top rail of a stair rail system may serve as a handrail
only when:
(A) The height of the stair rail system is not less than 36 inches
(91 cm) and not more than 38 inches (97 cm) as measured at the leading
edge of the stair tread to the top surface of the top rail (see Figure
D-13 of this section); and
(B) The top rail of the stair rail system meets the other handrail
requirements in paragraph (f) of this section.
(2) Finger clearance. The minimum clearance between handrails and
any other object is 2.25 inches (5.7 cm).
(3) Surfaces. Handrails and stair rail systems are smooth-surfaced
to protect employees from injury, such as punctures or lacerations, and
to prevent catching or snagging of clothing.
(4) Openings in stair rails. No opening in a stair rail system
exceeds 19 inches (48 cm) at its least dimension.
(5) Handhold. Handrails have the shape and dimension necessary so
that employees can grasp the handrail firmly.
(6) Projection hazards. The ends of handrails and stair rail systems
do not present any projection hazards.
(7) Strength criteria. Handrails and the top rails of stair rail
systems are capable of withstanding, without failure, a force of at
least 200 pounds (890 N) applied in any downward or outward direction
within 2 inches (5 cm) of any point along the top edge of the rail.
[[Page 146]]
[GRAPHIC] [TIFF OMITTED] TR18NO16.357
Figure D-13 - Combination Handrail and Stair Rail
(g) Cages, wells, and platforms used with fixed ladders. The
employer must ensure:
(1) Cages and wells installed on fixed ladders are designed,
constructed, and maintained to permit easy access to, and egress from,
the ladder that they enclose (see Figures D-14 and D-15 of this
section);
[[Page 147]]
(2) Cages and wells are continuous throughout the length of the
fixed ladder, except for access, egress, and other transfer points;
(3) Cages and wells are designed, constructed, and maintained to
contain employees in the event of a fall, and to direct them to a lower
landing; and
(4) Platforms used with fixed ladders provide a horizontal surface
of at least 24 inches by 30 inches (61 cm by 76 cm).
Note to paragraph (g): Section 1910.28 establishes the requirements
that employers must follow on the use of cages and wells as a means of
fall protection.
[GRAPHIC] [TIFF OMITTED] TR18NO16.358
[GRAPHIC] [TIFF OMITTED] TR18NO16.359
(h) Outdoor advertising. This paragraph (h) applies only to
employers engaged in outdoor advertising operations (see Sec.
1910.28(b)(10)). Employers must ensure that each employee who climbs a
fixed ladder without fall protection:
[[Page 148]]
(1) Is physically capable, as demonstrated through observations of
actual climbing activities or by a physical examination, to perform the
duties that may be assigned, including climbing fixed ladders without
fall protection;
(2) Has successfully completed a training or apprenticeship program
that includes hands-on training on the safe climbing of ladders and is
retrained as necessary to maintain the necessary skills;
(3) Has the skill to climb ladders safely, as demonstrated through
formal classroom training or on-the-job training, and performance
observation; and
(4) Performs climbing duties as a part of routine work activity.
(i) Ladder safety systems. The employer must ensure:
(1) Each ladder safety system allows the employee to climb up and
down using both hands and does not require that the employee
continuously hold, push, or pull any part of the system while climbing;
(2) The connection between the carrier or lifeline and the point of
attachment to the body harness or belt does not exceed 9 inches (23 cm);
(3) Mountings for rigid carriers are attached at each end of the
carrier, with intermediate mountings spaced, as necessary, along the
entire length of the carrier so the system has the strength to stop
employee falls;
(4) Mountings for flexible carriers are attached at each end of the
carrier and cable guides for flexible carriers are installed at least 25
feet (7.6 m) apart but not more than 40 feet (12.2 m) apart along the
entire length of the carrier;
(5) The design and installation of mountings and cable guides does
not reduce the design strength of the ladder; and
(6) Ladder safety systems and their support systems are capable of
withstanding, without failure, a drop test consisting of an 18-inch (41-
cm) drop of a 500-pound (227-kg) weight.
(j) Personal fall protection systems. Body belts, harnesses, and
other components used in personal fall arrest systems, work positioning
systems, and travel restraint systems must meet the requirements of
Sec.1910.140.
(k) Protection from falling objects. (1) The employers must ensure
toeboards used for falling object protection:
(i) Are erected along the exposed edge of the overhead walking-
working surface for a length that is sufficient to protect employees
below.
(ii) Have a minimum vertical height of 3.5 inches (9 cm) as measured
from the top edge of the toeboard to the level of the walking-working
surface.
(iii) Do not have more than a 0.25-inch (0.5-cm) clearance or
opening above the walking-working surface.
(iv) Are solid or do not have any opening that exceeds 1 inch (3 cm)
at its greatest dimension.
(v) Have a minimum height of 2.5 inches (6 cm) when used around
vehicle repair, service, or assembly pits. Toeboards may be omitted
around vehicle repair, service, or assembly pits when the employer can
demonstrate that a toeboard would prevent access to a vehicle that is
over the pit.
(vi) Are capable of withstanding, without failure, a force of at
least 50 pounds (222 N) applied in any downward or outward direction at
any point along the toeboard.
(2) The employer must ensure:
(i) Where tools, equipment, or materials are piled higher than the
top of the toeboard, paneling or screening is installed from the
toeboard to the midrail of the guardrail system and for a length that is
sufficient to protect employees below. If the items are piled higher
than the midrail, the employer also must install paneling or screening
to the top rail and for a length that is sufficient to protect employees
below; and
(ii) All openings in guardrail systems are small enough to prevent
objects from falling through the opening.
(3) The employer must ensure canopies used for falling object
protection are strong enough to prevent collapse and to prevent
penetration by falling objects.
(l) Grab handles. The employer must ensure each grab handle:
(1) Is not less than 12 inches (30 cm) long;
(2) Is mounted to provide at least 3 inches (8 cm) of clearance from
the framing or opening; and
[[Page 149]]
(3) Is capable of withstanding a maximum horizontal pull-out force
equal to two times the maximum intended load or 200 pounds (890 N),
whichever is greater.
[81 FR 82981, Nov. 18, 2016, as amended at 84 FR 68796, Dec. 17, 2019]
Sec.1910.30 Training requirements.
(a) Fall hazards. (1) Before any employee is exposed to a fall
hazard, the employer must provide training for each employee who uses
personal fall protection systems or who is required to be trained as
specified elsewhere in this subpart. Employers must ensure employees are
trained in the requirements of this paragraph on or before May 17, 2017.
(2) The employer must ensure that each employee is trained by a
qualified person.
(3) The employer must train each employee in at least the following
topics:
(i) The nature of the fall hazards in the work area and how to
recognize them;
(ii) The procedures to be followed to minimize those hazards;
(iii) The correct procedures for installing, inspecting, operating,
maintaining, and disassembling the personal fall protection systems that
the employee uses; and
(iv) The correct use of personal fall protection systems and
equipment specified in paragraph (a)(1) of this section, including, but
not limited to, proper hook-up, anchoring, and tie-off techniques, and
methods of equipment inspection and storage, as specified by the
manufacturer.
(b) Equipment hazards. (1) The employer must train each employee on
or before May 17, 2017 in the proper care, inspection, storage, and use
of equipment covered by this subpart before an employee uses the
equipment.
(2) The employer must train each employee who uses a dockboard to
properly place and secure it to prevent unintentional movement.
(3) The employer must train each employee who uses a rope descent
system in proper rigging and use of the equipment in accordance with
Sec.1910.27.
(4) The employer must train each employee who uses a designated area
in the proper set-up and use of the area.
(c) Retraining. The employer must retrain an employee when the
employer has reason to believe the employee does not have the
understanding and skill required by paragraphs (a) and (b) of this
section. Situations requiring retraining include, but are not limited
to, the following:
(1) When changes in the workplace render previous training obsolete
or inadequate;
(2) When changes in the types of fall protection systems or
equipment to be used render previous training obsolete or inadequate; or
(3) When inadequacies in an affected employee's knowledge or use of
fall protection systems or equipment indicate that the employee no
longer has the requisite understanding or skill necessary to use
equipment or perform the job safely.
(d) Training must be understandable. The employer must provide
information and training to each employee in a manner that the employee
understands.
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.
[[Page 150]]
(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.
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-
[[Page 151]]
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 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
[[Page 152]]
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.
(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.
[[Page 153]]
(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.
(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
[[Page 154]]
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:
(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 155]]
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, and 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 156]]
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 to subpart I of this part.
(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 anchorages meet the
requirements of Sec.1910.140(c)(13).
(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
[[Page 157]]
structural members by nonconductive barriers.
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 158]]
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 159]]
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 160]]
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 161]]
(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 162]]
(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 163]]
(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 164]]
(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 165]]
(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 personal fall
arrest system that meets the requirements of subpart I of this part for
each employee on such a platform.
(M) A vertical lifeline shall be provided as part of a personal fall
arrest system that meets the requirements of subpart I of this part 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 personal 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.
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(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 personal fall arrest
system that meets the requirements of subpart I of this part 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 167]]
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,
[[Page 168]]
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
[[Page 170]]
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 subpart I of this part 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 [Reserved]
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.
(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.
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(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 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
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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, then self-closing, self-locking gates
shall be provided. Access to and from roof cars must comply with the
requirements of subpart D of this part.
(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 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
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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.
(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
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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 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
[[Page 182]]
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; 81 FR 82998, Nov. 18, 2016]
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
[[Page 183]]
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 personal fall arrest or travel restraint system that meets the
requirements in subpart I of this part shall be worn and 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.
(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
[[Page 184]]
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; 81 FR 82999, Nov. 18, 2016]
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 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
[[Page 185]]
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 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.
[[Page 186]]
(ii) Construction. The rails shall be standard guardrails with
toeboards that meet the requirements in subpart D of this part.
(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 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 ladders shall meet the
requirements in subpart D of this part.
(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.
[[Page 187]]
(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:
(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.
[[Page 188]]
(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 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.
[[Page 189]]
(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; 81
FR 82999, Nov. 18, 2016]
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.
(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
[[Page 190]]
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 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
[[Page 191]]
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).
(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.
[[Page 192]]
(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 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)).
[[Page 193]]
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
------------------------------------------------------------------------
(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
[[Page 194]]
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 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 195]]
[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 196]]
[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 197]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.017
[[Page 198]]
[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 199]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.019
[[Page 200]]
[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 201]]
[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 202]]
[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 203]]
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 204]]
(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 205]]
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 206]]
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 207]]
[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 208]]
(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 209]]
(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 210]]
(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 211]]
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 212]]
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 213]]
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 214]]
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 215]]
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 216]]
(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 217]]
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 218]]
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 219]]
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 220]]
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 221]]
(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 222]]
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 223]]
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 224]]
(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 225]]
(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 226]]
(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 227]]
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 228]]
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 229]]
\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 230]]
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 231]]
(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 232]]
(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 233]]
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 234]]
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 235]]
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 236]]
(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 237]]
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 238]]
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 239]]
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 240]]
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 241]]
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 242]]
(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 243]]
(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 244]]
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 245]]
(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 246]]
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 247]]
(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 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 248]]
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 249]]
(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 250]]
[GRAPHIC] [TIFF OMITTED] TR26MR12.054
[[Page 251]]
[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 252]]
[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 253]]
[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 254]]
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 255]]
(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 256]]
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 257]]
(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 258]]
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 259]]
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 260]]
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 261]]
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 262]]
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 263]]
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 264]]
(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.
[[Page 265]]
[GRAPHIC] [TIFF OMITTED] TR26MR12.058
[[Page 266]]
[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 267]]
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 268]]
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 269]]
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 270]]
(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 271]]
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 272]]
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 273]]
(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 274]]
(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 275]]
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 276]]
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 277]]
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 278]]
(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 279]]
(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 280]]
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 281]]
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 282]]
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 283]]
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 coils and air is free to circulate between the coils and the
explosives or explosives containers.
[[Page 284]]
(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 metal of not less than
No. 20 gage. All nails exposed to the interior of the
[[Page 285]]
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.
(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
[[Page 286]]
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.
(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.
[[Page 287]]
(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 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.
[[Page 288]]
(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.
(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.
[[Page 289]]
(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 be located so any spark emission cannot be a
hazard to any materials in or adjacent to the plant.
[[Page 290]]
(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).
(a) The body shall be constructed of noncombustible materials.
[[Page 291]]
(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 blasting agent
storage and explosives storage shall be in conformity with Table H-22.
[[Page 292]]
(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 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
[[Page 293]]
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.
(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
[[Page 294]]
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.
(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.
[[Page 295]]
(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 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
[[Page 296]]
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 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
[[Page 297]]
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.
(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
[[Page 298]]
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 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
[[Page 299]]
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]
Sec.1910.110 Storage and handling of liquefied petroleum gases.
(a) Definitions applicable to this section. As used in this section:
(1) API-ASME container--A container constructed in accordance with
the requirements of paragraph (b)(3)(iii) of this section.
(2) ASME container--A container constructed in accordance with the
requirements of paragraph (b)(3)(i) of this section.
(3) Container assembly--An assembly consisting essentially of the
container and fittings for all container openings, including shutoff
valves, excess flow valves, liquid-level gaging devices, safety relief
devices, and protective housing.
(4) Containers--All vessels, such as tanks, cylinders, or drums,
used for transportation or storing liquefied petroleum gases.
(5) DOT--Department of Transportation.
(6) DOT container--A container constructed in accordance with the
applicable requirements of 49 CFR chapter 1.
(7) ``Liquified petroleum gases''--``LPG'' and ``LP-Gas''--Any
material which is composed predominantly of any of the following
hydrocarbons, or mixtures of them; propane, propylene, butanes (normal
butane or iso-butane), and butylenes.
(8) Movable fuel storage tenders or farm carts--Containers not in
excess of 1,200 gallons water capacity, equipped with wheels to be towed
from one location of usage to another. They are basically nonhighway
vehicles, but may occasionally be moved over public roads or highways.
They are used as a fuel supply for farm tractors, construction machinery
and similar equipment.
(9) P.S.I.G.--pounds per square inch gauge.
(10) P.S.I.A.--pounds per square inch absolute.
(11) Systems--an assembly of equipment consisting essentially of the
container or containers, major devices such as vaporizers, safety relief
valves, excess flow valves, regulators, and piping connecting such
parts.
(12) Vaporizer-burner--an integral vaporizer-burner unit, dependent
upon the heat generated by the burner as the source of heat to vaporize
the liquid used for dehydrators or dryers.
(13) Ventilation, adequate--when specified for the prevention of
fire during normal operation, ventilation shall be considered adequate
when the concentration of the gas in a gas-air mixture does not exceed
25 percent of the lower flammable limit.
(14) Approved--unless otherwise indicated, listing or approval by a
nationally recognized testing laboratory. Refer to Sec.1910.7 for
definition of nationally recognized testing laboratory.
(15) Listed--see ``approved'' in Sec.1910.110(14).
(16) DOT Specifications--regulations of the Department of
Transportation published in 49 CFR chapter I.
(17)-(18) [Reserved]
(19) DOT cylinders--cylinders meeting the requirements of 49 CFR
chapter I.
(b) Basic rules--(1) Odorizing gases. (i) All liquefied petroleum
gases shall be effectively odorized by an approved agent of such
character as to indicate positively, by distinct odor, the presence of
gas down to concentration in air of not over one-fifth the lower limit
of flammability. Odorization, however, is not required if harmful in the
use of further processing of the liquefied petroleum gas, or if
odorization will serve no useful purpose as a warning agent in such use
or further processing.
(ii) The odorization requirement of paragraph (b)(1)(i) of this
section shall be considered to be met by the use of 1.0 pounds of ethyl
mercaptan, 1.0 pounds of thiophane or 1.4 pounds of amyl mercaptan per
10,000 gallons of LP-Gas. However, this listing of odorants and
quantities shall not exclude the use of other odorants that meet the
odorization requirements of paragraph (b)(1)(i) of this section.
(2) Approval of equipment and systems. (i) Each system utilizing DOT
containers in accordance with 49 CFR part
[[Page 300]]
178 shall have its container valves, connectors, manifold valve
assemblies, and regulators approved.
(ii) Each system for domestic or commercial use utilizing containers
of 2,000 gallons or less water capacity, other than those constructed in
accordance with 49 CFR part 178, shall consist of a container assembly
and one or more regulators, and may include other parts. The system as a
unit or the container assembly as a unit, and the regulator or
regulators, shall be individually listed.
(iii) In systems utilizing containers of over 2,000 gallons water
capacity, each regulator, container valve, excess flow valve, gaging
device, and relief valve installed on or at the container, shall have
its correctness as to design, construction, and performance determined
by listing by a nationally recognized testing laboratory. Refer to Sec.
1910.7 for definition of nationally recognized testing laboratory.
(3) Requirements for construction and original test of containers.
(i) Containers used with systems embodied in paragraphs (d), (e), (g),
and (h) of this section, except as provided in paragraphs (e)(3)(iii)
and (g)(2)(i) of this section, shall be designed, constructed, and
tested in accordance with the Rules for Construction of Unfired Pressure
Vessels, section VIII, Division 1, American Society of Mechanical
Engineers (ASME) Boiler and Pressure Vessel Code, 1968 edition, which is
incorporated by reference as specified in Sec.1910.6.
(ii) Containers constructed according to the 1949 and earlier
editions of the ASME Code do not have to comply with paragraphs U-2
through U-10 and U-19 thereof. Containers constructed according to
paragraph U-70 in the 1949 and earlier editions are not authorized.
(iii) Containers designed, constructed, and tested prior to July 1,
1961, according to the Code for Unfired Pressure Vessels for Petroleum
Liquids and Gases, 1951 edition with 1954 Addenda, of the American
Petroleum Institute and the American Society of Mechanical Engineers,
which is incorporated by reference as specified in Sec.1910.6, shall
be considered in conformance. Containers constructed according to API-
ASME Code do not have to comply with section I or with appendix to
section I. Paragraphs W-601 to W-606 inclusive in the 1943 and earlier
editions do not apply.
(iv) The provisions of paragraph (b)(3)(i) of this section shall not
be construed as prohibiting the continued use or reinstallation of
containers constructed and maintained in accordance with the standard
for the Storage and Handling of Liquefied Petroleum Gases NFPA No. 58 in
effect at the time of fabrication.
(v) Containers used with systems embodied in paragraph (b),
(d)(3)(iii), and (f) of this section, shall be constructed, tested, and
stamped in accordance with DOT specifications effective at the date of
their manufacture.
(4) Welding of containers. (i) Welding to the shell, head, or any
other part of the container subject to internal pressure, shall be done
in compliance with the code under which the tank was fabricated. Other
welding is permitted only on saddle plates, lugs, or brackets attached
to the container by the tank manufacturer.
(ii) Where repair or modification involving welding of DOT
containers is required, the container shall be returned to a qualified
manufacturer making containers of the same type, and the repair or
modification made in compliance with DOT regulations.
(5) Markings on containers. (i) Each container covered in paragraph
(b)(3)(i) of this section, except as provided in paragraph (b)(3)(iv) of
this section shall be marked as specified in the following:
(a) With a marking identifying compliance with, and other markings
required by, the rules of the reference under which the container is
constructed; or with the stamp and other markings required by the
National Board of Boiler and Pressure Vessel Inspectors.
(b) With notation as to whether the container is designed for
underground or aboveground installation or both. If intended for both
and different style hoods are provided, the marking shall indicate the
proper hood for each type of installation.
(c) With the name and address of the supplier of the container, or
with the trade name of the container.
[[Page 301]]
(d) With the water capacity of the container in pounds or gallons,
U.S. Standard.
(e) With the pressure in p.s.i.g., for which the container is
designed.
(f) With the wording ``This container shall not contain a product
having a vapor pressure in excess of __ p.s.i.g. at 100 [deg]F.,'' see
subparagraph (14)(viii) of this paragraph.
(g) With the tare weight in pounds or other identified unit of
weight for containers with a water capacity of 300 pounds or less.
(h) With marking indicating the maximum level to which the container
may be filled with liquid at temperatures between 20 [deg]F. and 130
[deg]F., except on containers provided with fixed maximum level
indicators or which are filled by weighing. Markings shall be increments
of not more than 20 [deg]F. This marking may be located on the liquid
level gaging device.
(i) With the outside surface area in square feet.
(ii) Markings specified shall be on a metal nameplate attached to
the container and located in such a manner as to remain visible after
the container is installed.
(iii) When LP-Gas and one or more other gases are stored or used in
the same area, the containers shall be marked to identify their content.
Marking shall conform to the marking requirements set forth in Sec.
1910.253(b)(1)(ii).
(6) Location of containers and regulating equipment. (i) Containers,
and first stage regulating equipment if used, shall be located outside
of buildings, except under one or more of the following:
(a) In buildings used exclusively for container charging,
vaporization pressure reduction, gas mixing, gas manufacturing, or
distribution.
(b) When portable use is necessary and in accordance with paragraph
(c)(5) of this section.
(c) LP-Gas fueled stationary or portable engines in accordance with
paragraph (e) (11) or (12) of this section.
(d) LP-Gas fueled industrial trucks used in accordance with
paragraph (e)(13) of this section.
(e) LP-Gas fueled vehicles garaged in accordance with paragraph
(e)(14) of this section.
(f) Containers awaiting use or resale when stored in accordance with
paragraph (f) of this section.
(ii) Each individual container shall be located with respect to the
nearest important building or group of buildings in accordance with
Table H-23.
Table H-23
----------------------------------------------------------------------------------------------------------------
Minimum distances
--------------------------------------------------------------------------
Water capacity per container Containers
-------------------------------------------------- Between aboveground
Underground Aboveground containers
----------------------------------------------------------------------------------------------------------------
Less than 125 gals. \1\.............. 10 feet................ None................... None.
125 to 250 gals...................... 10 feet................ 10 feet................ None.
251 to 500 gals...................... 10 feet................ 10 feet................ 3 feet.
501 to 2,000 gals.................... 25 feet \2\............ 25 feet \2\............ 3 feet.
2,001 to 30,000 gals................. 50 feet................ 50 feet................ 5 feet.
30,001 to 70,000 gals................ 50 feet................ 75 feet. \3\...........
70,001 to 90,000 gals................ 50 feet................ 100 feet. \3\..........
----------------------------------------------------------------------------------------------------------------
\1\ If the aggregate water capacity of a multi-container installation at a consumer site is 501 gallons or
greater, the minimum distance shall comply with the appropriate portion of this table, applying the aggregate
capacity rather than the capacity per container. If more than one installation is made, each installation
shall be separated from another installation by at least 25 feet. Do not apply the MINIMUM DISTANCES BETWEEN
ABOVE-GROUND CONTAINERS to such installations.
\2\ The above distance requirements may be reduced to not less than 10 feet for a single container of 1,200
gallons water capacity or less, providing such a container is at least 25 feet from any other LP-Gas container
of more than 125 gallons water capacity.
\3\ \1/4\ of sum of diameters of adjacent containers.
(iii) Containers installed for use shall not be stacked one above
the other.
(iv) [Reserved]
(v) In the case of buildings devoted exclusively to gas
manufacturing and distributing operations, the distances required by
Table H-23 may be reduced provided that in no case shall containers of
water capacity exceeding 500 gallons be located closer than 10 feet to
such gas manufacturing and distributing buildings.
(vi) Readily ignitible material such as weeds and long dry grass
shall be removed within 10 feet of any container.
(vii) The minimum separation between liquefied petroleum gas
containers and flammable liquid tanks shall be 20 feet, and the minimum
separation between a container and the centerline of the dike shall be
10 feet. The foregoing provision shall not apply when LP-Gas containers
of 125 gallons or less capacity are installed adjacent
[[Page 302]]
to Class III flammable liquid tanks of 275 gallons or less capacity.
(viii) Suitable means shall be taken to prevent the accumulation of
flammable liquids under adjacent liquified petroleum gas containers,
such as by diking, diversion curbs, or grading.
(ix) When dikes are used with flammable liquid tanks, no liquefied
petroleum gas containers shall be located within the diked area.
(7) Container valves and container accessories. (i) Valves,
fittings, and accessories connected directly to the container including
primary shutoff valves, shall have a rated working pressure of at least
250 p.s.i.g. and shall be of material and design suitable for LP-Gas
service. Cast iron shall not be used for container valves, fittings, and
accessories. This does not prohibit the use of container valves made of
malleable or nodular iron.
(ii) Connections to containers, except safety relief connections,
liquid level gaging devices, and plugged openings, shall have shutoff
valves located as close to the container as practicable.
(iii) Excess flow valves, where required shall close automatically
at the rated flows of vapor or liquid as specified by the manufacturer.
The connections or line including valves, fittings, etc., being
protected by an excess flow valve shall have a greater capacity than the
rated flow of the excess flow valve.
(iv) Liquid level gaging devices which are so constructed that
outward flow of container contents shall not exceed that passed by a No.
54 drill size opening, need not be equipped with excess flow valves.
(v) Openings from container or through fittings attached directly on
container to which pressure gage connection is made, need not be
equipped with shutoff or excess flow valves if such openings are
restricted to not larger than No. 54 drill size opening.
(vi) Except as provided in paragraph (c)(5)(i)(b) of this section,
excess flow and back pressure check valves where required by this
section shall be located inside of the container or at a point outside
where the line enters the container; in the latter case, installation
shall be made in such manner that any undue strain beyond the excess
flow or back pressure check valve will not cause breakage between the
container and such valve.
(vii) Excess flow valves shall be designed with a bypass, not to
exceed a No. 60 drill size opening to allow equalization of pressures.
(viii) Containers of more than 30 gallons water capacity and less
than 2,000 gallons water capacity, filled on a volumetric basis, and
manufactured after December 1, 1963, shall be equipped for filling into
the vapor space.
(8) Piping--including pipe, tubing, and fittings. (i) Pipe, except
as provided in paragraphs (e)(6)(i) and (g)(10)(iii), of this section
shall be wrought iron or steel (black or galvanized), brass, copper, or
aluminum alloy. Aluminum alloy pipe shall be at least Schedule 40 in
accordance with the specifications for Aluminum Alloy Pipe, American
National Standards Institute (ANSI) H38.7-1969 (ASTM, B241-69), which is
incorporated by reference as specified in Sec.1910.6, except that the
use of alloy 5456 is prohibited and shall be suitably marked at each end
of each length indicating compliance with American National Standard
Institute Specifications. Aluminum Alloy pipe shall be protected against
external corrosion when it is in contact with dissimilar metals other
than galvanized steel, or its location is subject to repeated wetting by
such liquids as water (except rain water), detergents, sewage, or
leaking from other piping, or it passes through flooring, plaster,
masonry, or insulation. Galvanized sheet steel or pipe, galvanized
inside and out, may be considered suitable protection. The maximum
nominal pipe size for aluminum pipe shall be three-fourths inch and
shall not be used for pressures exceeding 20 p.s.i.g. Aluminum alloy
pipe shall not be installed within 6 inches of the ground.
(a) Vapor piping with operating pressures not exceeding 125 p.s.i.g.
shall be suitable for a working pressure of at least 125 p.s.i.g. Pipe
shall be at least Schedule 40 (ASTM A-53-69, Grade B Electric Resistance
Welded and Electric Flash Welded Pipe, which is incorporated by
reference as specified in Sec.1910.6, or equal).
[[Page 303]]
(b) Vapor piping with operating pressures over 125 p.s.i.g. and all
liquid piping shall be suitable for a working pressure of at least 250
p.s.i.g. Pipe shall be at least Schedule 80 if joints are threaded or
threaded and back welded. At least Schedule 40 (ASTM A-53-69 Grade B
Electric Resistance Welded and Electric Flash Welded Pipe or equal)
shall be used if joints are welded, or welded and flanged.
(ii) Tubing shall be seamless and of copper, brass, steel, or
aluminum alloy. Copper tubing shall be of type K or L or equivalent as
covered in the Specification for Seamless Copper Water Tube, ANSI H23.1-
1970 (ASTM B88-69), which is incorporated by reference as specified in
Sec.1910.6. Aluminum alloy tubing shall be of Type A or B or
equivalent as covered in Specification ASTM B210-68 (which is
incorporated by reference as specified in Sec.1910.6) and shall be
suitably marked every 18 inches indicating compliance with ASTM
Specifications. The minimum nominal wall thickness of copper tubing and
aluminum alloy tubing shall be as specified in Table H-24 and Table H-
25.
Aluminum alloy tubing shall be protected against external corrosion when
it is in contact with dissimilar metals other than galvanized steel, or
its location is subject to repeated wetting by liquids such as water
(except rainwater), detergents, sewage, or leakage from other piping, or
it passes through flooring, plaster, masonry, or insulation. Galvanized
sheet steel or pipe, galvanized inside and out, may be considered
suitable protection. The maximum outside diameter for aluminum alloy
tubing shall be three-fourths inch and shall not be used for pressures
exceeding 20 p.s.i.g. Aluminum alloy tubing shall not be installed
within 6 inches of the ground.
Table H-24--Wall Thickness of Copper Tubing \1\
------------------------------------------------------------------------
Nominal wall thickness (inches)
Standard size Nominal outside ---------------------------------
(inches) diameter (inches) Type K Type L
------------------------------------------------------------------------
\1/4\ 0.375 0.035 0.030
\3/8\ 0.500 0.049 0.035
\1/2\ 0.625 0.049 0.040
\5/8\ 0.750 0.049 0.042
\3/4\ 0.875 0.065 0.045
1 1.125 0.065 0.050
1\1/4\ 1.375 0.065 0.055
1\1/2\ 1.625 0.072 0.060
2 2.125 0.083 0.070
------------------------------------------------------------------------
\1\ Based on data in Specification for Seamless Copper Water Tube, ANSI
H23.1-1970 (ASTM B-88-69).
Note: The standard size by which tube is designated is \1/8\ inch
smaller than its nominal outside diameter.
Table H-25--Wall Thickness of Aluminum Alloy Tubing \1\
------------------------------------------------------------------------
Nominal wall thickness (inches)
Outside diameter -----------------------------------------------
(inches) Type A Type B
------------------------------------------------------------------------
\3/8\ 0.035 0.049
\1/2\ 0.035 0.049
\5/8\ 0.042 0.049
\3/4\ 0.049 0.058
------------------------------------------------------------------------
\1\ Based on data in Standard Specification for Aluminum-Alloy Drawn
Seamless Coiled Tubes for Special Purpose Applications, ASTM B210-68.
(iii) In systems where the gas in liquid form without pressure
reduction enters the building, only heavy walled seamless brass or
copper tubing with an internal diameter not greater than three thirty-
seconds inch, and a wall thickness of not less than three sixty-fourths
inch shall be used. This requirement shall not apply to research and
experimental laboratories, buildings, or separate fire divisions of
buildings used exclusively for housing internal combustion engines, and
to commercial gas plants or bulk stations where containers are charged,
nor to industrial vaporizer buildings, nor to buildings, structures, or
equipment under construction or undergoing major renovation.
(iv) Pipe joints may be screwed, flanged, welded, soldered, or
brazed with a material having a melting point exceeding 1,000 [deg]F.
Joints on seamless copper, brass, steel, or aluminum alloy gas tubing
shall be made by means of approved gas tubing fittings, or soldered or
brazed with a material having a melting point exceeding 1,000 [deg]F.
(v) For operating pressures of 125 p.s.i.g. or less, fittings shall
be designed for a pressure of at least 125 p.s.i.g. For operating
pressures above 125 p.s.i.g., fittings shall be designed for a minimum
of 250 p.s.i.g.
[[Page 304]]
(vi) The use of threaded cast iron pipe fittings such as ells, tees,
crosses, couplings, and unions is prohibited. Aluminum alloy fittings
shall be used with aluminum alloy pipe and tubing. Insulated fittings
shall be used where aluminum alloy pipe or tubing connects with a
dissimilar metal.
(vii) Strainers, regulators, meters, compressors, pumps, etc., are
not to be considered as pipe fittings. This does not prohibit the use of
malleable, nodular, or higher strength gray iron for such equipment.
(viii) All materials such as valve seats, packing, gaskets,
diaphragms, etc., shall be of such quality as to be resistant to the
action of liquefied petroleum gas under the service conditions to which
they are subjected.
(ix) All piping, tubing, or hose shall be tested after assembly and
proved free from leaks at not less than normal operating pressures.
After installation, piping and tubing of all domestic and commercial
systems shall be tested and proved free of leaks using a manometer or
equivalent device that will indicate a drop in pressure. Test shall not
be made with a flame.
(x) Provision shall be made to compensate for expansion,
contraction, jarring, and vibration, and for settling. This may be
accomplished by flexible connections.
(xi) Piping outside buildings may be buried, above ground, or both,
but shall be well supported and protected against physical damage. Where
soil conditions warrant, all piping shall be protected against
corrosion. Where condensation may occur, the piping shall be pitched
back to the container, or suitable means shall be provided for
revaporization of the condensate.
(9) Hose specifications. (i) Hose shall be fabricated of materials
that are resistant to the action of LP-Gas in the liquid and vapor
phases. If wire braid is used for reinforcing the hose, it shall be of
corrosion-resistant material such as stainless steel.
(ii) Hose subject to container pressure shall be marked ``LP-Gas''
or ``LPG'' at not greater than 10-foot intervals.
(iii) Hose subject to container pressure shall be designed for a
bursting pressure of not less than 1,250 p.s.i.g.
(iv) Hose subject to container pressure shall have its correctness
as to design construction and performance determined by being listed
(see Sec.1910.110(a)(15)).
(v) Hose connections subject to container pressure shall be capable
of withstanding, without leakage, a test pressure of not less than 500
p.s.i.g.
(vi) Hose and hose connections on the low-pressure side of the
regulator or reducing valve shall be designed for a bursting pressure of
not less than 125 p.s.i.g. or five times the set pressure of the relief
devices protecting that portion of the system, whichever is higher.
(vii) Hose may be used on the low-pressure side of regulators to
connect to other than domestic and commercial gas appliances under the
following conditions:
(a) The appliances connected with hose shall be portable and need a
flexible connection.
(b) For use inside buildings the hose shall be of minimum practical
length, but shall not exceed 6 feet except as provided in paragraph
(c)(5)(i)(g) of this section and shall not extend from one room to
another, nor pass through any walls, partitions, ceilings, or floors.
Such hose shall not be concealed from view or used in a concealed
location. For use outside of buildings, the hose may exceed this length
but shall be kept as short as practical.
(c) The hose shall be approved and shall not be used where it is
likely to be subjected to temperatures above 125 [deg]F. The hose shall
be securely connected to the appliance and the use of rubber slip ends
shall not be permitted.
(d) The shutoff valve for an appliance connected by hose shall be in
the metal pipe or tubing and not at the appliance end of the hose. When
shutoff valves are installed close to each other, precautions shall be
taken to prevent operation of the wrong valve.
(e) Hose used for connecting to wall outlets shall be protected from
physical damage.
(10) Safety devices. (i) Every container except those constructed in
accordance with DOT specifications and every vaporizer (except motor
fuel vaporizers and except vaporizers described in paragraph
(b)(11)(ii)(c) of this section
[[Page 305]]
and paragraph (d)(4)(v)(a) of this section) whether heated by artificial
means or not, shall be provided with one or more safety relief valves of
spring-loaded or equivalent type. These valves shall be arranged to
afford free vent to the outer air with discharge not less than 5 feet
horizontally away from any opening into the building which is below such
discharge. The rate of discharge shall be in accordance with the
requirements of paragraph (b)(10)(ii) or (b)(10)(iii) of this section in
the case of vaporizers.
(ii) Minimum required rate of discharge in cubic feet per minute of
air at 120 percent of the maximum permitted start to discharge pressure
for safety relief valves to be used on containers other than those
constructed in accordance with DOT specification shall be as follows:
------------------------------------------------------------------------
Flow rate
Surface area (sq. ft.) CFM air
------------------------------------------------------------------------
20 or less.................................................. 626
25.......................................................... 751
30.......................................................... 872
35.......................................................... 990
40.......................................................... 1,100
45.......................................................... 1,220
50.......................................................... 1,330
55.......................................................... 1,430
60.......................................................... 1,540
65.......................................................... 1,640
70.......................................................... 1,750
75.......................................................... 1,850
80.......................................................... 1,950
85.......................................................... 2,050
90.......................................................... 2,150
95.......................................................... 2,240
100......................................................... 2,340
105......................................................... 2,440
110......................................................... 2,530
115......................................................... 2,630
120......................................................... 2,720
125......................................................... 2,810
130......................................................... 2,900
135......................................................... 2,990
140......................................................... 3,080
145......................................................... 3,170
150......................................................... 3,260
155......................................................... 3,350
160......................................................... 3,440
165......................................................... 3,530
170......................................................... 3,620
175......................................................... 3,700
180......................................................... 3,790
185......................................................... 3,880
190......................................................... 3,960
195......................................................... 4,050
200......................................................... 4,130
210......................................................... 4,300
220......................................................... 4,470
230......................................................... 4,630
240......................................................... 4,800
250......................................................... 4,960
260......................................................... 5,130
270......................................................... 5,290
280......................................................... 5,450
290......................................................... 5,610
300......................................................... 5,760
310......................................................... 5,920
320......................................................... 6,080
330......................................................... 6,230
340......................................................... 6,390
350......................................................... 6,540
360......................................................... 6,690
370......................................................... 6,840
380......................................................... 7,000
390......................................................... 7,150
400......................................................... 7,300
450......................................................... 8,040
500......................................................... 8,760
550......................................................... 9,470
600......................................................... 10,170
650......................................................... 10,860
700......................................................... 11,550
750......................................................... 12,220
800......................................................... 12,880
850......................................................... 13,540
900......................................................... 14,190
950......................................................... 14,830
1,000....................................................... 15,470
1,050....................................................... 16,100
1,100....................................................... 16,720
1,150....................................................... 17,350
1,200....................................................... 17,960
1,250....................................................... 18,570
1,300....................................................... 19,180
1,350....................................................... 19,780
1,400....................................................... 20,380
1,450....................................................... 20,980
1,500....................................................... 21,570
1,550....................................................... 22,160
1,600....................................................... 22,740
1,650....................................................... 23,320
1,700....................................................... 23,900
1,750....................................................... 24,470
1,800....................................................... 25,050
1,850....................................................... 25,620
1,900....................................................... 26,180
1,950....................................................... 26,750
2,000....................................................... 27,310
------------------------------------------------------------------------
Surface area = total outside surface area of container in square feet.
When the surface area is not stamped on the nameplate or when the
marking is not legible, the area can be calculated by using one of the
following formulas:
(1) Cylindrical container with hemispherical heads:
Area = Overall length x outside diameter x 3.1416.
(2) Cylindrical container with other than hemispherical heads:
Area = (Overall length + 0.3 outside diameter) x outside diameter x
3.1416.
Note: This formula is not exact, but will give results within the
limits of practical accuracy for the sole purpose of sizing relief
valves.
(3) Spherical container:
Area = Outside diameter squared x 3.1416.
[[Page 306]]
Flow Rate-CFM Air = Required flow capacity in cubic feet per minute of
air at standard conditions, 60 F. and atmospheric pressure
(14.7 p.s.i.a.).
The rate of discharge may be interpolated for intermediate values of
surface area. For containers with total outside surface area greater
than 2,000 square feet, the required flow rate can be calculated using
the formula, Flow Rate-CFM Air = 53.632 A0.82.
A = total outside surface area of the container in square feet.
Valves not marked ``Air'' have flow rate marking in cubic feet per
minute of liquefied petroleum gas. These can be converted to ratings in
cubic feet per minute of air by multiplying the liquefied petroleum gas
ratings by factors listed below. Air flow ratings can be converted to
ratings in cubic feet per minute of liquefied petroleum gas by dividing
the air ratings by the factors listed below.
Air Conversion Factors
Container type.................. 100 125 150 175 200
Air conversion factor........... 1.162 1.142 1.113 1.078 1.010
(iii) Minimum Required Rate of Discharge for Safety Relief Valves
for Liquefied Petroleum Gas Vaporizers (Steam Heated, Water Heated, and
Direct Fired).
The minimum required rate of discharge for safety relief valves shall be
determined as follows:
(a) Obtain the total surface area by adding the surface area of
vaporizer shell in square feet directly in contact with LP-Gas and the
heat exchanged surface area in square feet directly in contact with LP-
Gas.
(b) Obtain the minimum required rate of discharge in cubic feet of
air per minute, at 60 [deg]F. and 14.7 p.s.i.a. from paragraph
(b)(10)(ii) of this section, for this total surface area.
(iv) Container and vaporizer safety relief valves shall be set to
start-to-discharge, with relation to the design pressure of the
container, in accordance with Table H-26.
(v) Safety relief devices used with systems employing containers
other than those constructed according to DOT specifications shall be so
constructed as to discharge at not less than the rates shown in
paragraph (b)(10)(ii) of this section, before the pressure is in excess
of 120 percent of the maximum (not including the 10 percent referred to
in paragraph (b)(10)(iv) of this section) permitted start to discharge
pressure setting of the device.
Table H-26
------------------------------------------------------------------------
Minimum Maximum
Containers (percent) (percent)
------------------------------------------------------------------------
ASME Code; Par. U-68, U-69--1949 and earlier 110 \1\ 25
editions.......................................
ASME Code; Par. U-200, U-201--1949 edition...... 88 \1\ 100
ASME Code--1950, 1952, 1956, 1959, 1962, 1965 88 \1\ 100
and 1968 (Division I) editions.................
API--ASME Code--all editions.................... 88 \1\ 100
DOT--As prescribed in 49 CFR Chapter I..........
------------------------------------------------------------------------
\1\ Manufacturers of safety relief valves are allowed a plus tolerance
not exceeding 10 percent of the set pressure marked on the valve.
(vi) In certain locations sufficiently sustained high temperatures
prevail which require the use of a lower vapor pressure product to be
stored or the use of a higher designed pressure vessel in order to
prevent the safety valves opening as the result of these temperatures.
As an alternative the tanks may be protected by cooling devices such as
by spraying, by shading, or other effective means.
(vii) Safety relief valves shall be arranged so that the possibility
of tampering will be minimized. If pressure setting or adjustment is
external, the relief valves shall be provided with approved means for
sealing adjustment.
(viii) Shutoff valves shall not be installed between the safety
relief devices and the container, or the equipment or piping to which
the safety relief device is connected except that a shutoff valve may be
used where the arrangement of this valve is such that full required
capacity flow through the safety relief device is always afforded.
(ix) Safety relief valves shall have direct communication with the
vapor space of the container at all times.
(x) Each container safety relief valve used with systems covered by
paragraphs (d), (e), (g), and (h) of this section, except as provided in
paragraph (e)(3)(iii) of this section shall be plainly and permanently
marked with the following: ``Container Type'' of the pressure vessel on
which the valve is designed to be installed; the pressure in p.s.i.g. at
which the valve is set to discharge; the actual rate of discharge of the
valve in cubic feet per minute of air at 60 [deg]F. and 14.7 p.s.i.a.;
and the
[[Page 307]]
manufacturer's name and catalog number, for example: T200-250-4050 AIR--
indicating that the valve is suitable for use on a Type 200 container,
that it is set to start to discharge at 250 p.s.i.g.; and that its rate
of discharge is 4,050 cubic feet per minute of air as determined in
subdivision (ii) of this subparagraph.
(xi) Safety relief valve assemblies, including their connections,
shall be of sufficient size so as to provide the rate of flow required
for the container on which they are installed.
(xii) A hydrostatic relief valve shall be installed between each
pair of shut-off valves on liquefied petroleum gas liquid piping so as
to relieve into a safe atmosphere. The start-to-discharge pressure
setting of such relief valves shall not be in excess of 500 p.s.i.g. The
minimum setting on relief valves installed in piping connected to other
than DOT containers shall not be lower than 140 percent of the container
relief valve setting and in piping connected to DOT containers not lower
than 400 p.s.i.g. The start-to-discharge pressure setting of such a
relief valve, if installed on the discharge side of a pump, shall be
greater than the maximum pressure permitted by the recirculation device
in the system.
(xiii) The discharge from any safety relief device shall not
terminate in or beneath any building, except relief devices covered by
paragraphs (b)(6)(i) (a) through (e) of this section, or paragraphs (c)
(4)(i) or (5) of this section.
(xiv) Container safety relief devices and regulator relief vents
shall be located not less than five (5) feet in any direction from air
openings into sealed combustion system appliances or mechanical
ventilation air intakes.
(11) Vaporizer and housing. (i) Indirect fired vaporizers utilizing
steam, water, or other heating medium shall be constructed and installed
as follows:
(a) Vaporizers shall be constructed in accordance with the
requirements of paragraph (b)(3) (i)-(iii) of this section and shall be
permanently marked as follows:
(1) With the code marking signifying the specifications to which the
vaporizer is constructed.
(2) With the allowable working pressure and temperature for which
the vaporizer is designed.
(3) With the sum of the outside surface area and the inside heat
exchange surface area expressed in square feet.
(4) With the name or symbol of the manufacturer.
(b) Vaporizers having an inside diameter of 6 inches or less
exempted by the ASME Unfired Pressure Vessel Code, Section VIII of the
ASME Boiler and Pressure Vessel Code--1968 shall have a design pressure
not less than 250 p.s.i.g. and need not be permanently marked.
(c) Heating or cooling coils shall not be installed inside a storage
container.
(d) Vaporizers may be installed in buildings, rooms, sheds, or lean-
tos used exclusively for gas manufacturing or distribution, or in other
structures of light, noncombustible construction or equivalent, well
ventilated near the floor line and roof.
When vaporizing and/or mixing equipment is located in a structure or
building not used exclusively for gas manufacturing or distribution,
either attached to or within such a building, such structure or room
shall be separated from the remainder of the building by a wall designed
to withstand a static pressure of at least 100 pounds per square foot.
This wall shall have no openings or pipe or conduit passing through it.
Such structure or room shall be provided with adequate ventilation and
shall have a roof or at least one exterior wall of lightweight
construction.
(e) Vaporizers shall have, at or near the discharge, a safety relief
valve providing an effective rate of discharge in accordance with
paragraph (b)(10)(iii) of this section, except as provided in paragraph
(d)(4)(v)(a), of this section.
(f) The heating medium lines into and leaving the vaporizer shall be
provided with suitable means for preventing the flow of gas into the
heat systems in the event of tube rupture in the vaporizer. Vaporizers
shall be provided with suitable automatic means to prevent liquid
passing through the vaporizers to the gas discharge piping.
(g) The device that supplies the necessary heat for producing steam,
hot water, or other heating medium may
[[Page 308]]
be installed in a building, compartment, room, or lean-to which shall be
ventilated near the floorline and roof to the outside. The device
location shall be separated from all compartments or rooms containing
liquefied petroleum gas vaporizers, pumps, and central gas mixing
devices by a wall designed to withstand a static pressure of at least
100 pounds per square foot. This wall shall have no openings or pipes or
conduit passing through it. This requirement does not apply to the
domestic water heaters which may supply heat for a vaporizer in a
domestic system.
(h) Gas-fired heating systems supplying heat exclusively for
vaporization purposes shall be equipped with automatic safety devices to
shut off the flow of gas to main burners, if the pilot light should
fail.
(i) Vaporizers may be an integral part of a fuel storage container
directly connected to the liquid section or gas section or both.
(j) Vaporizers shall not be equipped with fusible plugs.
(k) Vaporizer houses shall not have unprotected drains to sewers or
sump pits.
(ii) Atmospheric vaporizers employing heat from the ground or
surrounding air shall be installed as follows:
(a) Buried underground, or
(b) Located inside the building close to a point at which pipe
enters the building provided the capacity of the unit does not exceed 1
quart.
(c) Vaporizers of less than 1 quart capacity heated by the ground or
surrounding air, need not be equipped with safety relief valves provided
that adequate tests demonstrate that the assembly is safe without safety
relief valves.
(iii) Direct gas-fired vaporizers shall be constructed, marked, and
installed as follows:
(a)(1) In accordance with the requirements of the American Society
of Mechanical Engineers Boiler and Pressure Vessel Code--1968 that are
applicable to the maximum working conditions for which the vaporizer is
designed.
(2) With the name of the manufacturer; rated BTU input to the
burner; the area of the heat exchange surface in square feet; the
outside surface of the vaporizer in square feet; and the maximum
vaporizing capacity in gallons per hour.
(b)(1) Vaporizers may be connected to the liquid section or the gas
section of the storage container, or both; but in any case there shall
be at the container a manually operated valve in each connection to
permit completely shutting off when desired, of all flow of gas or
liquid from container to vaporizer.
(2) Vaporizers with capacity not exceeding 35 gallons per hour shall
be located at least 5 feet from container shutoff valves. Vaporizers
having capacity of more than 35 gallons but not exceeding 100 gallons
per hour shall be located at least 10 feet from the container shutoff
valves. Vaporizers having a capacity greater than 100 gallons per hour
shall be located at least 15 feet from container shutoff valves.
(c) Vaporizers may be installed in buildings, rooms, housings,
sheds, or lean-tos used exclusively for vaporizing or mixing of
liquefied petroleum gas. Vaporizing housing structures shall be of
noncombustible construction, well ventilated near the floorline and the
highest point of the roof. When vaporizer and/or mixing equipment is
located in a structure or room attached to or within a building, such
structure or room shall be separated from the remainder of the building
by a wall designed to withstand a static pressure of at least 100 pounds
per square foot. This wall shall have no openings or pipes or conduit
passing through it. Such structure or room shall be provided with
adequate ventilation, and shall have a roof or at least one exterior
wall of lightweight construction.
(d) Vaporizers shall have at or near the discharge, a safety relief
valve providing an effective rate of discharge in accordance with
paragraph (b)(10)(iii) of this section. The relief valve shall be so
located as not to be subjected to temperatures in excess of 140 [deg]F.
(e) Vaporizers shall be provided with suitable automatic means to
prevent liquid passing from the vaporizer to the gas discharge piping of
the vaporizer.
(f) Vaporizers shall be provided with means for manually turning off
the gas to the main burner and pilot.
[[Page 309]]
(g) Vaporizers shall be equipped with automatic safety devices to
shut off the flow of gas to main burners if the pilot light should fail.
When the flow through the pilot exceeds 2,000 B.t.u. per hour, the pilot
also shall be equipped with an automatic safety device to shut off the
flow of gas to the pilot should the pilot flame be extinguished.
(h) Pressure regulating and pressure reducing equipment if located
within 10 feet of a direct fire vaporizer shall be separated from the
open flame by a substantially airtight noncombustible partition or
partitions.
(i) Except as provided in (c) of this subdivision, the following
minimum distances shall be maintained between direct fired vaporizers
and the nearest important building or group of buildings:
Ten feet for vaporizers having a capacity of 15 gallons per hour or less
vaporizing capacity.
Twenty-five feet for vaporizers having a vaporizing capacity of 16 to
100 gallons per hour.
Fifty feet for vaporizers having a vaporizing capacity exceeding 100
gallons per hour.
(j) Direct fired vaporizers shall not raise the product pressure
above the design pressure of the vaporizer equipment nor shall they
raise the product pressure within the storage container above the
pressure shown in the second column of Table H-31.
(k) Vaporizers shall not be provided with fusible plugs.
(l) Vaporizers shall not have unprotected drains to sewers or sump
pits.
(iv) Direct gas-fired tank heaters shall be constructed and
installed as follows:
(a) Direct gas-fired tank heaters, and tanks to which they are
applied, shall only be installed above ground.
(b) Tank heaters shall be permanently marked with the name of the
manufacturer, the rated B.t.u. input to the burner, and the maximum
vaporizing capacity in gallons per hour.
(c) Tank heaters may be an integral part of a fuel storage container
directly connected to the container liquid section, or vapor section, or
both.
(d) Tank heaters shall be provided with a means for manually turning
off the gas to the main burner and pilot.
(e) Tank heaters shall be equipped with an automatic safety device
to shut off the flow of gas to main burners, if the pilot light should
fail. When flow through pilot exceeds 2,000 B.t.u. per hour, the pilot
also shall be equipped with an automatic safety device to shut off the
flow of gas to the pilot should the pilot flame be extinguished.
(f) Pressure regulating and pressure reducing equipment if located
within 10 feet of a direct fired tank heater shall be separated from the
open flame by a substantially airtight noncombustible partition.
(g) The following minimum distances shall be maintained between a
storage tank heated by a direct fired tank heater and the nearest
important building or group of buildings:
Ten feet for storage containers of less than 500 gallons water capacity.
Twenty-five feet for storage containers of 500 to 1,200 gallons water
capacity.
Fifty feet for storage containers of over 1,200 gallons water capacity.
(h) No direct fired tank heater shall raise the product pressure
within the storage container over 75 percent of the pressure set out in
the second column of Table H-31.
(v) The vaporizer section of vaporizer-burners used for dehydrators
or dryers shall be located outside of buildings; they shall be
constructed and installed as follows:
(a) Vaporizer-burners shall have a minimum design pressure of 250
p.s.i.g. with a factor of safety of five.
(b) Manually operated positive shut-off valves shall be located at
the containers to shut off all flow to the vaporizer-burners.
(c) Minimum distances between storage containers and vaporizer-
burners shall be as follows:
------------------------------------------------------------------------
Minimum
Water capacity per container (gallons) distances
(feet)
------------------------------------------------------------------------
Less than 501............................................... 10
501 to 2,000................................................ 25
Over 2,000.................................................. 50
------------------------------------------------------------------------
(d) The vaporizer section of vaporizer-burners shall be protected by
a hydrostatic relief valve. The relief valve shall be located so as not
to be subjected to temperatures in excess of 140
[[Page 310]]
[deg]F. The start-to-discharge pressure setting shall be such as to
protect the components involved, but not less than 250 p.s.i.g. The
discharge shall be directed upward and away from component parts of the
equipment and away from operating personnel.
(e) Vaporizer-burners shall be provided with means for manually
turning off the gas to the main burner and pilot.
(f) Vaporizer-burners shall be equipped with automatic safety
devices to shut off the flow of gas to the main burner and pilot in the
event the pilot is extinguished.
(g) Pressure regulating and control equipment shall be located or
protected so that the temperatures surrounding this equipment shall not
exceed 140 [deg]F. except that equipment components may be used at
higher temperatures if designed to withstand such temperatures.
(h) Pressure regulating and control equipment when located
downstream of the vaporizer shall be designed to withstand the maximum
discharge temperature of the vapor.
(i) The vaporizer section of vaporizer-burners shall not be provided
with fusible plugs.
(j) Vaporizer coils or jackets shall be made of ferrous metal or
high temperature alloys.
(k) Equipment utilizing vaporizer-burners shall be equipped with
automatic shutoff devices upstream and downstream of the vaporizer
section connected so as to operate in the event of excessive
temperature, flame failure, and, if applicable, insufficient airflow.
(12) Filling densities. (i) The ``filling density'' is defined as
the percent ratio of the weight of the gas in a container to the weight
of water the container will hold at 60 [deg]F. All containers shall be
filled according to the filling densities shown in Table H-27.
Table H-27--Maximum Permitted Filling Density
------------------------------------------------------------------------
Above ground containers
----------------------------------
0 to 1,200 U.S. Over 1,200 U.S.
Specific gravity at gals. (1,000 gals. (1,000 Under ground
60 [deg]F. (15.6 imp. gal., imp. gal., containers, all
[deg]C.) 4,550 liters) 4,550 liters) capacities
total water total water
cap. cap.
------------------------------------------------------------------------
Percent Percent Percent
0 .496-0 .503 41 44 45
.504- .510 42 45 46
.511- .519 43 46 47
.520- .527 44 47 48
.528- .536 45 48 49
.537- .544 46 49 50
.545- .552 47 50 51
.553- .560 48 51 52
.561- .568 49 52 53
.569- .576 50 53 54
.577- .584 51 54 55
.585- .592 52 55 56
.593- .600 53 56 57
------------------------------------------------------------------------
(ii) Except as provided in paragraph (b)(12)(iii) of this section,
any container including mobile cargo tanks and portable tank containers
regardless of size or construction, shipped under DOT jurisdiction or
constructed in accordance with 49 CFR chapter I Specifications shall be
charged according to 49 CFR chapter I requirements.
(iii) Portable containers not subject to DOT jurisdiction (such as,
but not limited to, motor fuel containers on industrial and lift trucks,
and farm tractors covered in paragraph (e) of this section, or
containers recharged at the installation) may be filled either by
weight, or by volume using a fixed length dip tube gaging device.
(13) LP-Gas in buildings. (i) Vapor shall be piped into buildings at
pressures in excess of 20 p.s.i.g. only if the buildings or separate
areas thereof, (a) are constructed in accordance with this section; (b)
are used excusively to house equipment for vaporization, pressure
reduction, gas mixing, gas manufacturing, or distribution, or to house
internal combustion engines, industrial processes, research and
experimental laboratories, or equipment and processes using such gas and
having similar hazard; (c) buildings, structures, or equipment under
construction or undergoing major renovation.
(ii) Liquid may be permitted in buildings as follows:
(a) Buildings, or separate areas of buildings, used exclusively to
house equipment for vaporization, pressure
[[Page 311]]
reduction, gas mixing, gas manufacturing, or distribution, or to house
internal combustion engines, industrial processes, research and
experimental laboratories, or equipment and processes using such gas and
having similar hazard; and when such buildings, or separate areas
thereof are constructed in accordance with this section.
(b) Buildings, structures, or equipment under construction or
undergoing major renovation provided the temporary piping meets the
following conditions:
(1) Liquid piping inside the building shall conform to the
requirements of paragraph (b)(8) of this section, and shall not exceed
three-fourths iron pipe size. Copper tubing with an outside diameter of
three-fourths inch or less may be used provided it conforms to Type K of
Specifications for Seamless Water Tube, ANSI H23.1-1970 (ASTM B88-69)
(see Table H-24). All such piping shall be protected against
construction hazards. Liquid piping inside buildings shall be kept to a
minimum. Such piping shall be securely fastened to walls or other
surfaces so as to provide adequate protection from breakage and so
located as to subject the liquid line to lowest ambient temperatures.
(2) A shutoff valve shall be installed in each intermediate branch
line where it takes off the main line and shall be readily accessible. A
shutoff valve shall also be placed at the appliance end of the
intermediate branch line. Such shutoff valve shall be upstream of any
flexible connector used with the appliance.
(3) Suitable excess flow valves shall be installed in the container
outlet line supplying liquid LP-Gas to the building. A suitable excess
flow valve shall be installed immediately downstream of each shutoff
valve. Suitable excess flow valves shall be installed where piping size
is reduced and shall be sized for the reduced size piping.
(4) Hydrostatic relief valves shall be installed in accordance with
paragraph (b)(10)(xii) of this section.
(5) The use of hose to carry liquid between the container and the
building or at any point in the liquid line, except at the appliance
connector, shall be prohibited.
(6) Where flexible connectors are necessary for appliance
installation, such connectors shall be as short as practicable and shall
comply with paragraph (b)(8)(ii) or (9) of this section.
(7) Release of fuel when any section of piping or appliances is
disconnected shall be minimized by either of the following methods:
(i) Using an approved automatic quick-closing coupling (a type
closing in both directions when coupled in the fuel line), or
(ii) Closing the valve nearest to the appliance and allowing the
appliance to operate until the fuel in the line is consumed.
(iii) Portable containers shall not be taken into buildings except
as provided in paragraph (b)(6)(i) of this section.
(14) Transfer of liquids. The employer shall assure that (i) at
least one attendant shall remain close to the transfer connection from
the time the connections are first made until they are finally
disconnected, during the transfer of the product.
(ii) Containers shall be filled or used only upon authorization of
the owner.
(iii) Containers manufactured in accordance with specifications of
49 CFR part 178 and authorized by 49 CFR chapter 1 as a ``single trip''
or ``nonrefillable container'' shall not be refilled or reused in LP-Gas
service.
(iv) Gas or liquid shall not be vented to the atmosphere to assist
in transferring contents of one container to another, except as provided
in paragraph (e)(5)(iv) of this section and except that this shall not
preclude the use of listed pump utilizing LP-Gas in the vapor phase as a
source of energy and venting such gas to the atmosphere at a rate not to
exceed that from a No. 31 drill size opening and provided that such
venting and liquid transfer shall be located not less than 50 feet from
the nearest important building.
(v) Filling of fuel containers for industrial trucks or motor
vehicles from industrial bulk storage containers shall be performed not
less than 10 feet from the nearest important masonry-walled building or
not less than 25 feet from the nearest important building or other
construction and, in any event, not less than 25 feet from any building
opening.
[[Page 312]]
(vi) Filling of portable containers, containers mounted on skids,
fuel containers on farm tractors, or similar applications, from storage
containers used in domestic or commercial service, shall be performed
not less than 50 feet from the nearest important building.
(vii) The filling connection and the vent from the liquid level
gages in containers, filled at point of installation, shall not be less
than 10 feet in any direction from air openings into sealed combustion
system appliances or mechanical ventilation air intakes.
(viii) Fuel supply containers shall be gaged and charged only in the
open air or in buildings especially provided for that purpose.
(ix) The maximum vapor pressure of the product at 100 [deg]F. which
may be transferred into a container shall be in accordance with
paragraphs (d)(2) and (e)(3) of this section. (For DOT containers use
DOT requirements.)
(x) Marketers and users shall exercise precaution to assure that
only those gases for which the system is designed, examined, and listed,
are employed in its operation, particularly with regard to pressures.
(xi) Pumps or compressors shall be designed for use with LP-Gas.
When compressors are used they shall normally take suction from the
vapor space of the container being filled and discharge to the vapor
space of the container being emptied.
(xii) Pumping systems, when equipped with a positive displacement
pump, shall include a recirculating device which shall limit the
differential pressure on the pump under normal operating conditions to
the maximum differential pressure rating of the pump. The discharge of
the pumping system shall be protected so that pressure does not exceed
350 p.s.i.g. If a recirculation system discharges into the supply tank
and contains a manual shutoff valve, an adequate secondary safety
recirculation system shall be incorporated which shall have no means of
rendering it inoperative. Manual shutoff valves in recirculation systems
shall be kept open except during an emergency or when repairs are being
made to the system.
(xiii) When necessary, unloading piping or hoses shall be provided
with suitable bleeder valves for relieving pressure before
disconnection.
(xiv) Agricultural air moving equipment, including crop dryers,
shall be shut down when supply containers are being filled unless the
air intakes and sources of ignition on the equipment are located 50 feet
or more from the container.
(xv) Agricultural equipment employing open flames or equipment with
integral containers, such as flame cultivators, weed burners, and, in
addition, tractors, shall be shut down during refueling.
(15) Tank car or transport truck loading or unloading points and
operations. (i) The track of tank car siding shall be relatively level.
(ii) A ``Tank Car Connected'' sign, as covered by DOT rules, shall
be installed at the active end or ends of the siding while the tank car
is connected.
(iii) While cars are on sidetrack for loading or unloading, the
wheels at both ends shall be blocked on the rails.
(iv) The employer shall insure that an employee is in attendance at
all times while the tank car, cars, or trucks are being loaded or
unloaded.
(v) A backflow check valve, excess-flow valve, or a shutoff valve
with means of remote closing, to protect against uncontrolled discharge
of LP-Gas from storage tank piping shall be installed close to the point
where the liquid piping and hose or swing joint pipe is connected.
(vi) Where practical, the distance of the unloading or loading point
shall conform to the distances in subparagraph (6)(ii) of this
paragraph.
(16) Instructions. Personnel performing installation, removal,
operation, and maintenance work shall be properly trained in such
function.
(17) Electrical equipment and other sources of ignition. (i)
Electrical equipment and wiring shall be of a type specified by and
shall be installed in accordance with subpart S of this part, for
ordinary locations except that fixed electrical equipment in classified
areas shall comply with subparagraph (18) of this paragraph.
[[Page 313]]
(ii) Open flames or other sources of ignition shall not be permitted
in vaporizer rooms (except those housing direct-fired vaporizers),
pumphouses, container charging rooms or other similar locations. Direct-
fired vaporizers shall not be permitted in pumphouses or container
charging rooms.
(iii) Liquefied petroleum gas storage containers do not require
lightning protection.
(iv) Since liquefied petroleum gas is contained in a closed system
of piping and equipment, the system need not be electrically conductive
or electrically bonded for protection against static electricity.
(v) Open flames (except as provided for in paragraph (b)(11) of this
section), cutting or welding, portable electric tools, and extension
lights capable of igniting LP-Gas, shall not be permitted within
classified areas specified in Table H-28 unless the LP-Gas facilities
have been freed of all liquid and vapor, or special precautions observed
under carefully controlled conditions.
Table H-28
------------------------------------------------------------------------
Equipment shall
Extent of classified area be suitable for
Part Location \1\ Class 1, Group
D \2\
------------------------------------------------------------------------
A Storage Within 15 feet in all Division 2.
containers directions from
other than DOT connections, except
cylinders. connections otherwise
covered in Table H-28.
B Tank vehicle and Within 5 feet in all Division 1.
tank car directions from connections
loading and regularly made or
unloading \3\. disconnected for product
transfer.
Beyond 5 feet but within 15 Division 2.
feet in all directions from
a point where connections
are regularly made or
disconnected and within the
cylindrical volume between
the horizontal equator of
the sphere and grade. (See
Figure H-1).
C Gage vent Within 5 feet in all Division 1.
openings other directions from point of
than those on discharge.
DOT cylinders. Beyond 5 feet but within 15
feet in all directions from
point of discharge.
Division 2.
D Relief valve Within direct path of Division 1.
discharge other discharge.
than those on
DOT cylinders.
Within 5 feet in all Division 1.
directions from point of
discharge.
Beyond 5 feet but within 15 Division 2.
feet in all directions from
point of discharge except
within the direct path of
discharge.
E Pumps, ............................
compressors,
gas-air mixers
and vaporizers
other than
direct fired.
Indoors without Entire room and any adjacent Division 1.
ventilation. room not separated by a
gastight partition.
Within 15 feet of the Division 2.
exterior side of any
exterior wall or roof that
is not vaportight or within
15 feet of any exterior
opening.
Indoors with Entire room and any adjacent Division 2.
adequate room not separated by a
ventilation \4\. gastight partition.
Outdoors in open Within 15 feet in all Division 2.
air at or directions from this
abovegrade. equipment and within the
cylindrical volume between
the horizontal equator of
the sphere and grade. See
Figure H-1.
F Service Station Entire space within Division 1.
Dispensing dispenser enclosure, and 18
Units. inches horizontally from
enclosure exterior up to an
elevation 4 ft. above
dispenser base. Entire pit
or open space beneath
dispenser.
Up to 18 inches abovegrade Division 2.
within 20 ft. horizontally
from any edge of enclosure.
Note: For pits within this
area, see part F of this
table..
G Pits or trenches ............................
containing or
located beneath
LP-Gas valves,
pumps,
compressors,
regulators, and
similar
equipment.
Without Entire pit or trench........ Division 1.
mechanical
ventilation.
Entire room and any adjacent Division 1.
room not separated by a
gastight partition.
Within 15 feet in all Division 2.
directions from pit or
trench when located
outdoors.
With adequate Entire pit or trench........ Division 2.
mechanical
ventilation.
Entire room and any adjacent Division 2.
room not separated by a
gastight partition.
[[Page 314]]
Within 15 feet in all Division 2.
directions from pit or
trench when located
outdoors.
H Special Entire room................. Division 2.
buildings or
rooms for
storage of
portable
containers.
Pipelines and Within 5 ft. in all Division 1.
connections directions from point of
containing discharge.
operational Beyond 5 ft. from point of
bleeds, drips, discharge, same as part E
vents or drains. of this table.
J Container
filling:.
Indoors without Entire room................. Division 1.
ventilation.
Indoors with Within 5 feet in all Division 1.
adequate directions from connections
ventilation \4\. regularly made or
disconnected for product
transfer.
Beyond 5 feet and entire Division 2.
room.
Outdoors in open Within 5 feet in all Division 1.
air. directions from connections
regularly made or
disconnected for product
transfer.
Beyond 5 feet but within 15 Division 2.
feet in all directions from
a point where connections
are regularly made or
disconnected and within the
cylindrical volume between
the horizontal equator of
the sphere and grade. (See
Figure H-1).
------------------------------------------------------------------------
\1\ The classified area shall not extend beyond an unpierced wall, roof,
or solid vaportight partition.
\2\ See subpart S of this part.
\3\ When classifying extent of hazardous area, consideration shall be
given to possible variations in the spotting of tank cars and tank
vehicles at the unloading points and the effect these variations of
actual spotting point may have on the point of connection.
\4\ Ventilation, either natural or mechanical, is considered adequate
when the concentration of the gas in a gas-air mixture does not exceed
25 percent of the lower flammable limit under normal operating
conditions.
[GRAPHIC] [TIFF OMITTED] TC27OC91.025
Figure H-1
(18) Fixed electrical equipment in classified areas. Fixed
electrical equipment and wiring installed within classified areas
specified in Table H-28 shall comply with Table H-28 and shall be
installed in accordance with subpart S of this part. This provision does
not apply to fixed electrical equipment at residential or commercial
installations of LP-Gas systems or to systems covered by paragraph (e)
or (g) of this section.
(19) Liquid-level gaging device. (i) Each container manufactured
after December 31, 1965, and filled on a volumetric basis shall be
equipped with a fixed liquid-level gage to indicate the maximum
permitted filling level as provided in paragraph (b)(19)(v) of this
section. Each container manufactured after December 31, 1969, shall have
permanently attached to the container adjacent to the fixed level gage a
marking showing the percentage full that will be shown by that gage.
When a variable liquid-level gage is also provided, the fixed liquid-
level gage will also serve as a means for checking the variable gage.
These gages shall be used in charging containers as required in
paragraph (b)(12) of this section.
(ii) All variable gaging devices shall be arranged so that the
maximum liquid level for butane, for a 50-50 mixture of butane and
propane, and for propane, to which the container may be charged is
readily determinable. The markings indicating the various liquid levels
from empty to full shall be on the system nameplate or gaging device or
part may be on the system nameplate and part on the gaging device. Dials
of magnetic or rotary gages shall show whether they are for cylindrical
or spherical containers and whether for aboveground or underground
service. The dials of gages intended for use only on aboveground
containers of over 1,200 gallons water capacity shall be so marked.
[[Page 315]]
(iii) Gaging devices that require bleeding of the product to the
atmosphere, such as the rotary tube, fixed tube, and slip tube, shall be
designed so that the bleed valve maximum opening is not larger than a
No. 54 drill size, unless provided with excess flow valve.
(iv) Gaging devices shall have a design working pressure of at least
250 p.s.i.g.
(v) Length of tube or position of fixed liquid-level gage shall be
designed to indicate the maximum level to which the container may be
filled for the product contained. This level shall be based on the
volume of the product at 40 [deg]F. at its maximum permitted filling
density for aboveground containers and at 50 [deg]F. for underground
containers. The employer shall calculate the filling point for which the
fixed liquid level gage shall be designed according to the method in
this subdivision.
(a) It is impossible to set out in a table the length of a fixed dip
tube for various capacity tanks because of the varying tank diameters
and lengths and because the tank may be installed either in a vertical
or horizontal position. Knowing the maximum permitted filling volume in
gallons, however, the length of the fixed tube can be determined by the
use of a strapping table obtained from the container manufacturer. The
length of the fixed tube should be such that when its lower end touches
the surface of the liquid in the container, the contents of the
container will be the maximum permitted volume as determined by the
following formula:
[(Water capacity (gals.) of container* x filling density**) / (Specific
gravity of LP-Gas* x volume correction factor x 100)] = Maximum volume
of LP-Gas
*Measured at 60 [deg]F.
**From subparagraph (12) of this paragraph ``Filling Densities.''
For aboveground containers the liquid temperature is assumed to be
40 [deg]F. and for underground containers the liquid temperature is
assumed to be 50 [deg]F. To correct the liquid volumes at these
temperatures to 60 [deg]F. the following factors shall be used.
(b) Formula for determining maximum volume of liquefied petroleum
gas for which a fixed length of dip tube shall be set:
Table H-29--Volume Correction Factors
------------------------------------------------------------------------
Specific gravity Aboveground Underground
------------------------------------------------------------------------
0.500 1.033 1.017
.510 1.031 1.016
.520 1.029 1.015
.530 1.028 1.014
.540 1.026 1.013
.550 1.025 1.013
.560 1.024 1.012
.570 1.023 1.011
.580 1.021 1.011
.590 1.020 1.010
------------------------------------------------------------------------
(c) The maximum volume of LP-Gas which can be placed in a container
when determining the length of the dip tube expressed as a percentage of
total water content of the container is calculated by the following
formula.
(d) The maximum weight of LP-Gas which may be placed in a container
for determining the length of a fixed dip tube is determined by
multiplying the maximum volume of liquefied petroleum gas obtained by
the formula in paragraph (b)(19)(b) of this section by the pounds of
liquefied petroleum gas in a gallon at 40 [deg]F. for abovegound and at
50 [deg]F. for underground containers. For example, typical pounds per
gallon are specified below:
Example: Assume a 100-gallon total water capacity tank for
aboveground storage of propane having a specific gravity of 0.510 of 60
[deg]F.
[(100 (gals.) x 42 (filling density from subparagraph (12) of this
paragraph)) / (0.510 x 1.031 (correction factor from Table H-
29) x 100)] = (4200 / 52.6)
(4200 / 52.6) = 79.8 gallons propane, the maximum amount permitted to be
placed in a 100-gallon total water capacity aboveground
container equipped with a fixed dip tube.
[(Maximum volume of LP-Gas (from formula in subdivision (b) of this
subdivision) x 100) / Total water content of container in
gallons] = Maximum percent of LP-Gas
------------------------------------------------------------------------
Aboveground, Underground,
pounds per pounds per
gallon gallon
------------------------------------------------------------------------
Propane..................................... 4.37 4.31
N Butane.................................... 4.97 4.92
------------------------------------------------------------------------
(vi) Fixed liquid-level gages used on containers other than DOT
containers shall be stamped on the exterior of the gage with the letters
``DT'' followed by the vertical distance (expressed in inches and
carried out to one decimal
[[Page 316]]
place) from the top of container to the end of the dip tube or to the
centerline of the gage when it is located at the maximum permitted
filling level. For portable containers that may be filled in the
horizontal and/or vertical position the letters ``DT'' shall be followed
by ``V'' with the vertical distance from the top of the container to the
end of the dip tube for vertical filling and with ``H'' followed by the
proper distance for horizontal filling. For DOT containers the stamping
shall be placed both on the exterior of the gage and on the container.
On above-ground or cargo containers where the gages are positioned at
specific levels, the marking may be specified in percent of total tank
contents and the marking shall be stamped on the container.
(vii) Gage glasses of the columnar type shall be restricted to
charging plants where the fuel is withdrawn in the liquid phase only.
They shall be equipped with valves having metallic handwheels, with
excess flow valves, and with extra-heavy glass adequately protected with
a metal housing applied by the gage manufacturer. They shall be shielded
against the direct rays of the sun. Gage glasses of the columnar type
are prohibited on tank trucks, and on motor fuel tanks, and on
containers used in domestic, commercial, and industrial installations.
(viii) Gaging devices of the float, or equivalent type which do not
require flow for their operation and having connections extending to a
point outside the container do not have to be equipped with excess flow
valves provided the piping and fittings are adequately designed to
withstand the container pressure and are properly protected against
physical damage and breakage.
(20) Requirements for appliances. (i) Except as provided in
paragraph (b)(20)(ii) of this section, new commercial and industrial gas
consuming appliances shall be approved.
(ii) Any appliance that was originally manufactured for operation
with a gaseous fuel other than LP-Gas and is in good condition may be
used with LP-Gas only after it is properly converted, adapted, and
tested for performance with LP-Gas before the appliance is placed in
use.
(iii) Unattended heaters used inside buildings for the purpose of
animal or poultry production or care shall be equipped with an approved
automatic device designed to shut off the flow of gas to the main
burners, and pilot if used, in the event of flame extinguishment.
(iv) All commercial, industrial, and agricultural appliances or
equipment shall be installed in accordance with the requirements of this
section and in accordance with the following NFPA consensus standards,
which are incorporated by reference as specified in Sec.1910.6:
(a) Domestic and commercial appliances--NFPA 54-1969, Standard for
the Installation of Gas Appliances and Gas Piping.
(b) Industrial appliances--NFPA 54A-1969, Standard for the
Installation of Gas Piping and Gas Equipment on Industrial Premises and
Certain Other Premises.
(c) Standard for the Installation and Use of Stationary Combustion
Engines and Gas Turbines--NFPA 37-1970.
(d) Standard for the Installation of Equipment for the Removal of
Smoke and Grease-Laden Vapors from Commercial Cooking Equipment, NFPA
96-1970.
(c) Cylinder systems--(1) Application. This paragraph applies
specifically to systems utilizing containers constructed in accordance
with DOT Specifications. All requirements of paragraph (b) of this
section apply to this paragraph unless otherwise noted in paragraph (b)
of this section.
(2) Marking of containers. Containers shall be marked in accordance
with DOT regulations. Additional markings not in conflict with DOT
regulations may be used.
(3) Description of a system. A system shall include the container
base or bracket, containers, container valves, connectors, manifold
valve assembly, regulators, and relief valves.
(4) Containers and regulating equipment installed outside of
buildings or structures. (i) Containers shall not be buried below
ground. However, this shall not prohibit the installation in a
compartment or recess below grade level such as a niche in a slope or
terrace wall which is used for no other
[[Page 317]]
purpose, providing that the container and regulating equipment are not
in contact with the ground and the compartment or recess is drained and
ventilated horizontally to the outside air from its lowest level, with
the outlet at least 3 feet away from any building opening which is below
the level of such outlet.
Except as provided in paragraph (b)(10)(xiii) of this section, the
discharge from safety relief devices shall be located not less than 3
feet horizontally away from any building opening which is below the
level of such discharge and shall not terminate beneath any building
unless such space is well ventilated to the outside and is not enclosed
on more than two sides.
(ii) Containers shall be set upon firm foundation or otherwise
firmly secured; the possible effect on the outlet piping of settling
shall be guarded against by a flexible connection or special fitting.
(5) Containers and equipment used inside of buildings or structures.
(i) When operational requirements make portable use of containers
necessary and their location outside of buildings or structure is
impracticable, containers and equipment are permitted to be used inside
of buildings or structures in accordance with (a) through (l) of this
subdivision, and, in addition, such other provisions of this
subparagraph as are applicable to the particular use or occupancy.
(a) Containers in use shall mean connected for use.
(b) Systems utilizing containers having a water capacity greater
than 2\1/2\ pounds (nominal 1 pound LP-Gas capacity) shall be equipped
with excess flow valves. Such excess flow valves shall be either
integral with the container valves or in the connections to the
container valve outlets. In either case, an excess flow valve shall be
installed in such a manner that any undue strain beyond the excess flow
valve will not cause breakage between the container and the excess flow
valve. The installation of excess flow valves shall take into account
the type of valve protection provided.
(c) Regulators, if used, shall be either directly connected to the
container valves or to manifolds connected to the container values. The
regulator shall be suitable for use with LP-Gas. Manifolds and fittings
connecting containers to pressure regulator inlets shall be designed for
at least 250 p.s.i.g. service pressure.
(d) Valves on containers having a water capacity greater than 50
pounds (nominal 20 pounds LP-Gas capacity) shall be protected while in
use.
(e) Containers shall be marked in accordance with paragraph
(b)(5)(iii) of this section and paragraph (c)(2) of this section.
(f) Pipe or tubing shall conform to paragraph (b)(8) of this section
except that aluminum pipe or tubing shall not be used.
(g)(1) Hose shall be designed for a working pressure of at least 250
p.s.i.g. Hose and hose connections shall have their correctness as to
design, construction and performance determined by listing by a
nationally recognized testing laboratory. The hose length may exceed the
length specified in paragraph (b)(9)(vii)(b) of this section, but shall
be as short as practicable. Refer to Sec.1910.7 for definition of
nationally recognized testing laboratory.
(2) Hose shall be long enough to permit compliance with spacing
provisions of this subparagraph without kinking or straining or causing
hose to be so close to a burner as to be damaged by heat.
(h) Portable heaters, including salamanders, shall be equipped with
an approved automatic device to shut off the flow of gas to the main
burner, and pilot if used, in the event of flame extinguishment. Such
heaters having inputs above 50,000 B.t.u. manufactured on or after May
17, 1967, and such heaters having inputs above 100,000 B.t.u.
manufactured before May 17, 1967, shall be equipped with either.
(1) A pilot which must be lighted and proved before the main burner
can be turned on; or
(2) An electric ignition system.
The provisions of this paragraph (h) do not apply to tar kettle burners,
torches, melting pots, nor do they apply to portable heaters under 7,500
B.t.u.h. input when used with containers having a maximum water capacity
of 2\1/2\ pounds. Container valves, connectors,
[[Page 318]]
regulators, manifolds, piping, and tubing shall not be used as
structural supports for heaters.
(i) Containers, regulating equipment, manifolds, pipe, tubing, and
hose shall be located so as to minimize exposure to abnormally high
temperatures (such as may result from exposure to convection or
radiation from heating equipment or installation in confined spaces),
physical damage, or tampering by unauthorized persons.
(j) Heat producing equipment shall be located and used so as to
minimize the possibility of ignition of combustibles.
(k) Containers having a water capacity greater than 2\1/2\ pounds
(nominal 1 pound LP-Gas capacity) connected for use, shall stand on a
firm and substantially level surface and, when necessary, shall be
secured in an upright position.
(l) Containers, including the valve protective devices, shall be
installed so as to minimize the probability of impingement of discharge
of safety relief devices upon containers.
(ii) Containers having a maximum water capacity of 2\1/2\ pounds
(nominal 1 pound LP-Gas capacity) are permitted to be used inside of
buildings as part of approved self-contained hand torch assemblies or
similar appliances.
(iii) Containers having a maximum water capacity of 12 pounds
(nominal 5 pounds LP-Gas capacity) are permitted to be used temporarily
inside of buildings for public exhibition or demonstration purposes,
including use for classroom demonstrations.
(iv) [Reserved]
(v) Containers are permitted to be used in buildings or structures
under construction or undergoing major renovation when such buildings or
structures are not occupied by the public, as follows:
(a) The maximum water capacity of individual containers shall be 245
pounds (nominal 100 pounds LP-Gas capacity).
(b) For temporary heating such as curing concrete, drying plaster
and similar applications, heaters (other than integral heater-container
units) shall be located at least 6 feet from any LP-Gas container. This
shall not prohibit the use of heaters specifically designed for
attachment to the container or to a supporting standard, provided they
are designed and installed so as to prevent direct or radiant heat
application from the heater onto the container. Blower and radiant type
heaters shall not be directed toward any LP-Gas container within 20
feet.
(c) If two or more heater-container units, of either the integral or
nonintegral type, are located in an unpartitioned area on the same
floor, the container or containers of each unit shall be separated from
the container or containers of any other unit by at least 20 feet.
(d) When heaters are connected to containers for use in an
unpartitioned area on the same floor, the total water capacity of
containers manifolded together for connection to a heater or heaters
shall not be greater than 735 pounds (nominal 300 pounds LP-Gas
capacity). Such manifolds shall be separated by at least 20 feet.
(e) On floors on which heaters are not connected for use, containers
are permitted to be manifolded together for connection to a heater or
heaters on another floor, Provided:
(1) The total water capacity of containers connected to any one
manifold is not greater than 2,450 pounds (nominal 1,000 pounds LP-Gas
capacity) and;
(2) Where more than one manifold having a total water capacity
greater than 735 pounds (nominal 300 pounds LP-Gas capacity) are located
in the same unpartitioned area, they shall be separated by at least 50
feet.
(f) Storage of containers awaiting use shall be in accordance with
paragraph (f) of this section.
(vi) Containers are permitted to be used in industrial occupancies
for processing, research, or experimental purposes as follows:
(a) The maximum water capacity of individual containers shall be 245
pounds (nominal 100 pounds LP-Gas capacity).
(b) Containers connected to a manifold shall have a total water
capacity not greater than 735 pounds (nominal 300 pounds LP-Gas
capacity) and not more than one such manifold may be located in the same
room unless separated at least 20 feet from a similar unit.
[[Page 319]]
(c) The amount of LP-Gas in containers for research and experimental
use shall be limited to the smallest practical quantity.
(vii)(a) Containers are permitted to be used in industrial
occupancies with essentially noncombustible contents where portable
equipment for space heating is essential and where a permanent heating
installation is not practical, as follows:
(b) Containers and heaters shall comply with and be used in
accordance with paragraph (c)(5)(v) of this section.
(viii) Containers are permitted to be used in buildings for
temporary emergency heating purposes, if necessary to prevent damage to
the buildings or contents, when the permanent heating system is
temporarily out of service, as follows:
(a) Containers and heaters shall comply with and be used in
accordance with paragraph (c)(5)(v) of this section.
(b) The temporary heating equipment shall not be left unattended.
(ix) Containers are permitted to be used temporarily in buildings
for training purposes related in installation and use of LP-Gas systems,
as follows:
(a) The maximum water capacity of individual containers shall be 245
pounds (nominal 100 pounds LP-Gas capacity), but the maximum quantity of
LP-Gas that may be placed in each container shall be 20 pounds.
(b) If more than one such container is located in the same room, the
containers shall be separated by at least 20 feet.
(6) Container valves and accessories. (i) Valves in the assembly of
multiple container systems shall be arranged so that replacement of
containers can be made without shutting off the flow of gas in the
system.
Note: This provision is not to be construed as requiring an
automatic changeover device.
(ii) Regulators and low-pressure relief devices shall be rigidly
attached to the cylinder valves, cylinders, supporting standards, the
building walls or otherwise rigidly secured and shall be so installed or
protected that the elements (sleet, snow, or ice) will not affect their
operation.
(iii) Valves and connections to the containers shall be protected
while in transit, in storage, and while being moved into final
utilization, as follows:
(a) By setting into the recess of the container to prevent the
possibility of their being struck if the container is dropped upon a
flat surface, or
(b) By ventilated cap or collar, fastened to the container capable
of withstanding a blow from any direction equivalent to that of a 30-
pound weight dropped 4 feet. Construction must be such that a blow will
not be transmitted to the valve or other connection.
(iv) When containers are not connected to the system, the outlet
valves shall be kept tightly closed or plugged, even though containers
are considered empty.
(v) Containers having a water capacity in excess of 50 pounds
(approximately 21 pounds LP-Gas capacity), recharged at the
installation, shall be provided with excess flow or backflow check
valves to prevent the discharge of container contents in case of failure
of the filling or equalizing connection.
(7) Safety devices. (i) Containers shall be provided with safety
devices as required by DOT regulations.
(ii) A final stage regulator of an LP-Gas system (excluding any
appliance regulator) shall be equipped on the low-pressure side with a
relief valve which is set to start to discharge within the limits
specified in Table H-30.
Table H-30
------------------------------------------------------------------------
Relief valve start-to-
discharge pressure
setting (percent of
Regulator delivery pressure regulator delivery
pressure)
-----------------------
Minimum Maximum
------------------------------------------------------------------------
1 p.s.i.g. or less.............................. 200 300
Above 1 p.s.i.g. but not over 3 p.s.i.g......... 140 200
Above 3 p.s.i.g................................. 125 200
------------------------------------------------------------------------
(iii) When a regulator or pressure relief valve is used inside a
building for other than purposes specified in paragraphs (b)(6)(i) (a)-
(g) of this section, the relief valve and the space above the regulator
and relief valve diaphragms shall be vented to the outside air with the
discharge outlet located not less than 3 feet horizontally away from any
building opening which is below such discharge. These provisions do not
[[Page 320]]
apply to individual appliance regulators when protection is otherwise
provided nor to paragraph (c)(5) of this section and paragraph
(b)(10)(xiii) of this section. In buildings devoted exclusively to gas
distribution purposes, the space above the diaphragm need not be vented
to the outside.
(8) Reinstallation of containers. Containers shall not be
reinstalled unless they are requalified in accordance with DOT
regulations.
(9) Permissible product. A product shall not be placed in a
container marked with a service pressure less than four-fifths of the
maximum vapor pressure of product at 130 [deg]F.
(d) Systems utilizing containers other than DOT containers--(1)
Application. This paragraph applies specifically to systems utilizing
storage containers other than those constructed in accordance with DOT
specifications. Paragraph (b) of this section applies to this paragraph
unless otherwise noted in paragraph (b) of this section.
(2) Design pressure and classification of storage containers.
Storage containers shall be designed and classified in accordance with
Table H-31.
Table H-31
------------------------------------------------------------------------
Minimum design pressure of container,
lb. per sq. in. gage
--------------------------------------
For gases with 1949 edition of ASME
vapor press. Code (Par. U-200, U-
Not to exceed 1949 and 201); 1950, 1952,
Container type lb. per sq. in. earlier 1956, 1959, 1962,
gage at 100 editions of 1965, and 1968
[deg]F. (37.8 ASME Code (Par. (Division 1)
[deg]C.) U-68, U-69) editions of ASME
Code; All editions
of API-ASME Code \3\
------------------------------------------------------------------------
\1\ 80 \1\ 80 \1\ 80 \1\ 100
100 100 100 125
125 125 125 156
150 150 150 187
175 175 175 219
\2\ 200 215 200 250
------------------------------------------------------------------------
\1\ New storage containers of the 80 type have not been authorized since
Dec. 31, 1947.
\2\ Container type may be increased by increments of 25. The minimum
design pressure of containers shall be 100% of the container type
designation when constructed under 1949 or earlier editions of the
ASME Code (Par. U-68 and U-69). The minimum design pressure of
containers shall be 125% of the container type designation when
constructed under: (1) the 1949 ASME Code (Par. U-200 and U-201), (2)
1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of
the ASME Code, and (3) all editions of the API-ASME Code.
\3\ Construction of containers under the API-ASME Code is not authorized
after July 1, 1961.
(3) Container valves and accessories, filler pipes, and discharge
pipes. (i) The filling pipe inlet terminal shall not be located inside a
building. For containers with a water capacity of 125 gallons or more,
such terminals shall be located not less than 10 feet from any building
(see paragraph (b)(6)(ii) of this section), and preferably not less than
5 feet from any driveway, and shall be located in a protective housing
built for the purpose.
(ii) The filling connection shall be fitted with one of the
following:
(a) Combination back-pressure check valve and excess flow valve.
(b) One double or two single back-pressure check valves.
(c) A positive shutoff valve, in conjunction with either:
(1) An internal back-pressure valve, or
(2) An internal excess flow valve.
(iii) All openings in a container shall be equipped with approved
automatic excess flow valves except in the following: Filling
connections as provided in paragraph (d)(3)(ii) of this section; safety
relief connections, liquid-level gaging devices as provided in
paragraphs (b)(7)(iv), (19)(iii), and (19)(viii) of this section;
pressure gage connections as provided in paragraph (b)(7)(v) of this
section, as provided in paragraphs (d) (iv), (vi), and (vii) of this
section.
(iv) An excess flow valve is not required in the withdrawal service
line providing the following are complied with:
(a) Such systems' total water capacity does not exceed 2,000 U.S.
gallons.
(b) The discharge from the service outlet is controlled by a
suitable manually operated shutoff valve which is:
(1) Threaded directly into the service outlet of the container; or
(2) Is an integral part of a substantial fitting threaded into or on
the service outlet of the container; or
(3) Threaded directly into a substantial fitting threaded into or on
the service outlet of the container.
(c) The shutoff valve is equipped with an attached handwheel or the
equivalent.
(d) The controlling orifice between the contents of the container
and the outlet of the shutoff valve does not exceed five-sixteenths inch
in diameter for vapor withdrawal systems and one-
[[Page 321]]
eighth inch in diameter for liquid withdrawal systems.
(e) An approved pressure-reducing regulator is directly attached to
the outlet of the shutoff valve and is rigidly supported, or that an
approved pressure-reducing regulator is attached to the outlet of the
shutoff valve by means of a suitable flexible connection, provided the
regulator is adequately supported and properly protected on or at the
tank.
(v) All inlet and outlet connections except safety relief valves,
liquid level gaging devices and pressure gages on containers of 2,000
gallons water capacity, or more, and on any container used to supply
fuel directly to an internal combustion engine, shall be labeled to
designate whether they communicate with vapor or liquid space. Labels
may be on valves.
(vi) In lieu of an excess flow valve openings may be fitted with a
quick-closing internal valve which, except during operating periods
shall remain closed. The internal mechanism for such valves may be
provided with a secondary control which shall be equipped with a fusible
plug (not over 220 [deg]F. melting point) which will cause the internal
valve to close automatically in case of fire.
(vii) Not more than two plugged openings shall be permitted on a
container of 2,000 gallons or less water capacity.
(viii) Containers of 125 gallons water capacity or more manufactured
after July 1, 1961, shall be provided with an approved device for liquid
evacuation, the size of which shall be three-fourths inch National Pipe
Thread minimum. A plugged opening will not satisfy this requirement.
(4) Safety devices. (i) All safety devices shall comply with the
following:
(a) All container safety relief devices shall be located on the
containers and shall have direct communication with the vapor of space
of the container.
(b) In industrial and gas manufacturing plants, discharge pipe from
safety relief valves on pipe lines within a building shall discharge
vertically upward and shall be piped to a point outside a building.
(c) Safety relief device discharge terminals shall be so located as
to provide protection against physical damage and such discharge pipes
shall be fitted with loose raincaps. Return bends and restrictive
pipefittings shall not be permitted.
(d) If desired, discharge lines from two or more safety relief
devices located on the same unit, or similar lines from two or more
different units, may be run into a common discharge header, provided
that the cross-sectional area of such header be at least equal to the
sum of the cross-sectional area of the individual discharge lines, and
that the setting of safety relief valves are the same.
(e) Each storage container of over 2,000 gallons water capacity
shall be provided with a suitable pressure gage.
(f) A final stage regulator of an LP-Gas system (excluding any
appliance regulator) shall be equipped on the low-pressure side with a
relief valve which is set to start to discharge within the limits
specified in Table H-30.
(g) When a regulator or pressure relief valve is installed inside a
building, the relief valve and the space above the regulator and relief
valve diaphragms shall be vented to the outside air with the discharge
outlet located not less than 3 feet horizontally away from any opening
into the building which is below such discharge. (These provisions do
not apply to individual appliance regulators when protection is
otherwise provided. In buildings devoted exclusively to gas distribution
purposes, the space above the diaphragm need not be vented to the
outside.)
(ii) Safety devices for aboveground containers shall be provided as
follows:
(a) Containers of 1,200 gallons water capacity or less which may
contain liquid fuel when installed above ground shall have the rate of
discharge required by paragraph (b)(10)(ii) of this section provided by
a spring-loaded relief valve or valves. In addition to the required
spring-loaded relief valve(s), suitable fuse plug(s) may be used
provided the total discharge area of the fuse plug(s) for each container
does not exceed 0.25 square inch.
(b) The fusible metal of the fuse plugs shall have a yield
temperature of 208
[[Page 322]]
[deg]F. minimum and 220 [deg]F. maximum. Relief valves and fuse plugs
shall have direct communication with the vapor space of the container.
(c) On a container having a water capacity greater than 125 gallons,
but not over 2,000 gallons, the discharge from the safety relief valves
shall be vented away from the container vertically upwards and
unobstructed to the open air in such a manner as to prevent any
impingement of escaping gas upon the container; loose-fitting rain caps
shall be used. Suitable provision shall be made for draining condensate
which may accumulate in the relief valve or its discharge pipe.
(d) On containers of 125 gallons water capacity or less, the
discharge from safety relief devices shall be located not less than 5
feet horizontally away from any opening into the building below the
level of such discharge.
(e) On a container having a water capacity greater than 2,000
gallons, the discharge from the safety relief valves shall be vented
away from the container vertically upwards to a point at least 7 feet
above the container, and unobstructed to the open air in such a manner
as to prevent any impingement of escaping gas upon the container; loose-
fitting rain caps shall be used. Suitable provision shall be made so
that any liquid or condensate that may accumulate inside of the safety
relief valve or its discharge pipe will not render the valve
inoperative. If a drain is used, a means shall be provided to protect
the container, adjacent containers, piping, or equipment against
impingement of flame resulting from ignition of product escaping from
the drain.
(iii) On all containers which are installed underground and which
contain no liquid fuel until buried and covered, the rate of discharge
of the spring-loaded relief valve installed thereon may be reduced to a
minimum of 30 percent of the rate of discharge specified in paragraph
(b)(10)(ii) of this section. Containers so protected shall not be
uncovered after installation until the liquid fuel has been removed
therefrom. Containers which may contain liquid fuel before being
installed under ground and before being completely covered with earth
are to be considered aboveground containers when determining the rate of
discharge requirement of the relief valves.
(iv) On underground containers of more than 2,000 gallons water
capacity, the discharge from safety relief devices shall be piped
vertically and directly upward to a point at least 7 feet above the
ground.
Where there is a probability of the manhole or housing becoming flooded,
the discharge from regulator vent lines shall be above the highest
probable water level. All manholes or housings shall be provided with
ventilated louvers or their equivalent, the area of such openings
equaling or exceeding the combined discharge areas of the safety relief
valves and other vent lines which discharge their content into the
manhole housing.
(v) Safety devices for vaporizers shall be provided as follows:
(a) Vaporizers of less than 1 quart total capacity, heated by the
ground or the surrounding air, need not be equipped with safety relief
valves provided that adequate tests certified by any of the authorities
referred to in paragraph (b)(2) of this section, demonstrate that the
assembly is safe without safety relief valves.
(b) No vaporizer shall be equipped with fusible plugs.
(c) In industrial and gas manufacturing plants, safety relief valves
on vaporizers within a building shall be piped to a point outside the
building and be discharged upward.
(5) Reinstallation of containers. Containers may be reinstalled if
they do not show any evidence of harmful external corrosion or other
damage. Where containers are reinstalled underground, the corrosion
resistant coating shall be put in good condition (see paragraph
(c)(7)(vi) of this section). Where containers are reinstalled above
ground, the safety devices and gaging devices shall comply with
paragraph (c)(4) of this section and paragraph (b)(19) of this section
respectively for aboveground containers.
(6) Capacity of containers. A storage container shall not exceed
90,000 gallons water capacity.
(7) Installation of storage containers. (i) Containers installed
above ground, except as provided in paragraph (c)(7)(vii)
[[Page 323]]
of this section, shall be provided with substantial masonry or
noncombustible structural supports on firm masonry foundation.
(ii) Aboveground containers shall be supported as follows:
(a) Horizontal containers shall be mounted on saddles in such a
manner as to permit expansion and contraction. Structural metal supports
may be employed when they are protected against fire in an approved
manner. Suitable means of preventing corrosion shall be provided on that
portion of the container in contact with the foundations or saddles.
(b) Containers of 2,000 gallons water capacity or less may be
installed with nonfireproofed ferrous metal supports if mounted on
concrete pads or footings, and if the distance from the outside bottom
of the container shell to the concrete pad, footing, or the ground does
not exceed 24 inches.
(iii) Any container may be installed with nonfireproofed ferrous
metal supports if mounted on concrete pads or footings, and if the
distance from the outside bottom of the container to the ground does not
exceed 5 feet, provided the container is in an isolated location.
(iv) Containers may be partially buried providing the following
requirements are met:
(a) The portion of the container below the surface and for a
vertical distance not less than 3 inches above the surface of the ground
is protected to resist corrosion, and the container is protected against
settling and corrosion as required for fully buried containers.
(b) Spacing requirements shall be as specified for underground tanks
in paragraph (b)(6)(ii) of this section.
(c) Relief valve capacity shall be as required for aboveground
containers.
(d) Container is located so as not to be subject to vehicular
damage, or is adequately protected against such damage.
(e) Filling densities shall be as required for above-ground
containers.
(v) Containers buried underground shall be placed so that the top of
the container is not less than 6 inches below grade. Where an
underground container might be subject to abrasive action or physical
damage due to vehicular traffic or other causes, then it shall be:
(a) Placed not less than 2 feet below grade, or
(b) Otherwise protected against such physical damage.
It will not be necessary to cover the portion of the container to which
manhole and other connections are affixed; however, where necessary,
protection shall be provided against vehicular damage. When necessary to
prevent floating, containers shall be securely anchored or weighted.
(vi)(a) Containers shall be given a protective coating before being
placed under ground. This coating shall be equivalent to hot-dip
galvanizing or to two coatings of red lead followed by a heavy coating
of coal tar or asphalt. In lowering the container into place, care shall
be exercised to prevent damage to the coating. Any damage to the coating
shall be repaired before backfilling.
(b) Containers shall be set on a firm foundation (firm earth may be
used) and surrounded with earth or sand firmly tamped in place.
(vii) Containers with foundations attached (portable or semiportable
containers with suitable steel ``runners'' or ``skids'' and popularly
known in the industry as ``skid tanks'') shall be designed, installed,
and used in accordance with these rules subject to the following
provisions:
(a) If they are to be used at a given general location for a
temporary period not to exceed 6 months they need not have fire-
resisting foundations or saddles but shall have adequate ferrous metal
supports.
(b) They shall not be located with the outside bottom of the
container shell more than 5 feet above the surface of the ground unless
fire-resisting supports are provided.
(c) The bottom of the skids shall not be less than 2 inches or more
than 12 inches below the outside bottom of the container shell.
(d) Flanges, nozzles, valves, fittings, and the like, having
communication with the interior of the container, shall be protected
against physical damage.
(e) When not permanently located on fire-resisting foundations,
piping connections shall be sufficiently flexible to minimize the
possibility of breakage
[[Page 324]]
or leakage of connections if the container settles, moves, or is
otherwise displaced.
(f) Skids, or lugs for attachment of skids, shall be secured to the
container in accordance with the code or rules under which the container
is designed and built (with a minimum factor of safety of four) to
withstand loading in any direction equal to four times the weight of the
container and attachments when filled to the maximum permissible loaded
weight.
(viii) Field welding where necessary shall be made only on saddle
plates or brackets which were applied by the manufacturer of the tank.
(ix) For aboveground containers, secure anchorage or adequate pier
height shall be provided against possible container flotation wherever
sufficiently high floodwater might occur.
(x) When permanently installed containers are interconnected,
provision shall be made to compensate for expansion, contraction,
vibration, and settling of containers, and interconnecting piping. Where
flexible connections are used, they shall be of an approved type and
shall be designed for a bursting pressure of not less than five times
the vapor pressure of the product at 100 [deg]F. The use of nonmetallic
hose is prohibited for permanently interconnecting such containers.
(xi) Container assemblies listed for interchangeable installation
above ground or under ground shall conform to the requirements for
aboveground installations with respect to safety relief capacity and
filling density. For installation above ground all other requirements
for aboveground installations shall apply. For installation under ground
all other requirements for underground installations shall apply.
(8) Protection of container accessories. (i) Valves, regulating,
gaging, and other container accessory equipment shall be protected
against tampering and physical damage. Such accessories shall also be so
protected during the transit of containers intended for installation
underground.
(ii) On underground or combination aboveground-underground
containers, the service valve handwheel, the terminal for connecting the
hose, and the opening through which there can be a flow from safety
relief valves shall be at least 4 inches above the container and this
opening shall be located in the dome or housing. Underground systems
shall be so installed that all the above openings, including the
regulator vent, are located above the normal maximum water table.
(iii) All connections to underground containers shall be located
within a substantial dome, housing, or manhole and with access thereto
protected by a substantial cover.
(9) Drips for condensed gas. Where vaporized gas on the low-pressure
side of the system may condense to a liquid at normal operating
temperatures and pressures, suitable means shall be provided for
revaporization of the condensate.
(10) Damage from vehicles. When damage to LP-Gas systems from
vehicular traffic is a possibility, precautions against such damage
shall be taken.
(11) Drains. No drains or blowoff lines shall be directed into or in
proximity to sewer systems used for other purposes.
(12) General provisions applicable to systems in industrial plants
(of 2,000 gallons water capacity and more) and to bulk filling plants.
(i) When standard watch service is provided, it shall be extended to the
LP-Gas installation and personnel properly trained.
(ii) If loading and unloading are normally done during other than
daylight hours, adequate lights shall be provided to illuminate storage
containers, control valves, and other equipment.
(iii) Suitable roadways or means of access for extinguishing
equipment such as wheeled extinguishers or fire department apparatus
shall be provided.
(iv) To minimize trespassing or tampering, the area which includes
container appurtenances, pumping equipment, loading and unloading
facilities, and cylinder-filling facilities shall be enclosed with at
least a 6-foot-high industrial type fence unless otherwise adequately
protected. There shall be at least two means of emergency access.
(13) Container-charging plants. (i) The container-charging room
shall be located not less than:
[[Page 325]]
(a) Ten feet from bulk storage containers.
(b) [Reserved]
(ii) Tank truck filling station outlets shall be located not less
than:
(a) [Reserved]
(b) Ten feet from pumps and compressors if housed in one or more
separate buildings.
(iii) The pumps or compressors may be located in the container-
charging room or building, in a separate building, or outside of
buildings. When housed in a separate building, such building (a small
noncombustible weather cover is not to be construed as a building) shall
be located not less than:
(a) Ten feet from bulk storage tanks.
(b) [Reserved]
(c) Twenty-five feet from sources of ignition.
(iv) When a part of the container-charging building is to be used
for a boiler room or where open flames or similar sources of ignition
exist or are employed, the space to be so occupied shall be separated
from container charging room by a partition wall or walls of fire-
resistant construction continuous from floor to roof or ceiling. Such
separation walls shall be without openings and shall be joined to the
floor, other walls, and ceiling or roof in a manner to effect a
permanent gas-tight joint.
(v) Electrical equipment and installations shall conform with
paragraphs (b) (17) and (18) of this section.
(14) Fire protection. (i) Each bulk plant shall be provided with at
least one approved portable fire extinguisher having a minimum rating of
12-B, C.
(ii) In industrial installations involving containers of 150,000
gallons aggregate water capacity or more, provision shall be made for an
adequate supply of water at the container site for fire protection in
the container area, unless other adequate means for fire control are
provided. Water hydrants shall be readily accessible and so spaced as to
provide water protection for all containers. Sufficient lengths of
firehose shall be provided at each hydrant location on a hose cart, or
other means provided to facilitate easy movement of the hose in the
container area. It is desirable to equip the outlet of each hose line
with a combination fog nozzle. A shelter shall be provided to protect
the hose and its conveyor from the weather.
(15) [Reserved]
(16) Lighting. Electrical equipment and installations shall conform
to paragraphs (b) (17) and (18) of this section.
(17) Vaporizers for internal combustion engines. The provisions of
paragraph (e)(8) of this section shall apply.
(18) Gas regulating and mixing equipment for internal combustion
engines. The provisions of paragraph (e)(9) of this section shall apply.
(e) Liquefied petroleum gas as a motor fuel--(1) Application. (i)
This paragraph applies to internal combustion engines, fuel containers,
and pertinent equipment for the use of liquefied petroleum gases as a
motor fuel on easily movable, readily portable units including self-
propelled vehicles.
(ii) Fuel containers and pertinent equipment for internal combustion
engines using liquefied petroleum gas where installation is of the
stationary type are covered by paragraph (d) of this section. This
paragraph does not apply to containers for transportation of liquefied
petroleum gases nor to marine fuel use. All requirements of paragraph
(b) of this section apply to this paragraph, unless otherwise noted in
paragraph (b) of this section.
(2) General. (i) Fuel may be used from the cargo tank of a truck
while in transit, but not from cargo tanks on trailers or semitrailers.
The use of fuel from the cargo tanks to operate stationary engines is
permitted providing wheels are securely blocked.
(ii) Passenger-carrying vehicles shall not be fueled while
passengers are on board.
(iii) Industrial trucks (including lift trucks) equipped with
permanently mounted fuel containers shall be charged outdoors. Charging
equipment shall comply with the provisions of paragraph (h) of this
section.
(iv) LP-Gas fueled industrial trucks shall comply with the Standard
for Type Designations, Areas of Use, Maintenance and Operation of
Powered Industrial Trucks, NFPA 505-1969, which is incorporated by
reference as specified in Sec.1910.6.
[[Page 326]]
(v) Engines on vehicles shall be shut down while fueling if the
fueling operation involves venting to the atmosphere.
(3) Design pressure and classification of fuel containers. (i)
Except as covered in paragraphs (e)(3) (ii) and (iii) of this section,
containers shall be in accordance with Table H-32.
(ii) Fuel containers for use in industrial trucks (including lift
trucks) shall be either DOT containers authorized for LP-Gas service
having a minimum service pressure of 240 p.s.i.g. or minimum Container
Type 250. Under 1950 and later ASME codes, this means a 312.5-p.s.i.g.
design pressure container.
Table H-32
------------------------------------------------------------------------
Minimum design pressure of container,
lb. per sq. in. gage
--------------------------------------
For gases with 1949 edition of ASME
vapor press. Code (Par. U-200, U-
Not to exceed 1949 and 201); 1950, 1952,
Container type lb. per sq. in. earlier 1956, 1959, 1962,
gage at 100 editions of 1965, and 1968
[deg]F. (37.8 ASME Code (Par. (Division 1)
[deg]C.) U-68, U-69) editions of ASME
Code; All editions
of API-ASME Code \2\
------------------------------------------------------------------------
\1\ 200 215Z 200 250
------------------------------------------------------------------------
\1\ Container type may be increased by increments of 25. The minimum
design pressure of containers shall be 100% of the container type
designation when constructed under 1949 or earlier editions of the
ASME Code (Par. U-68 and U-69). The minimum design pressure of
containers shall be 125% of the container type designation when
constructed under: (1) the 1949 ASME Code (Par. U-200 and U-201), (2)
1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of
the ASME Code, and (3) all editions of the API-ASME Code.
\2\ Construction of containers under the API-ASME Code is not authorized
after July 1, 1961.
(iii) Containers manufactured and maintained under DOT
specifications and regulations may be used as fuel containers. When so
used they shall conform to all requirements of this paragraph.
(iv) All container inlets and outlets except safety relief valves
and gaging devices shall be labeled to designate whether they
communicate with vapor or liquid space. Labels may be on valves.
(4) Installation of fuel containers. (i) Containers shall be located
in a place and in a manner to minimize the possibility of damage to the
container. Containers located in the rear of trucks and buses, when
protected by substantial bumpers, will be considered in conformance with
this requirement. Fuel containers on passenger-carrying vehicles shall
be installed as far from the engine as is practicable, and the passenger
space and any space containing radio equipment shall be sealed from the
container space to prevent direct seepage of gas to these spaces. The
container compartment shall be vented to the outside. In case the fuel
container is mounted near the engine or the exhaust system, the
container shall be shielded against direct heat radiation.
(ii) Containers shall be installed with as much clearance as
practicable but never less than the minimum road clearance of the
vehicle under maximum spring deflection. This minimum clearance shall be
to the bottom of the container or to the lowest fitting on the container
or housing, whichever is lower.
(iii) Permanent and removable fuel containers shall be securely
mounted to prevent jarring loose, slipping, or rotating, and the
fastenings shall be designed and constructed to withstand static loading
in any direction equal to twice the weight of the tank and attachments
when filled with fuel using a safety factor of not less than four based
on the ultimate strength of the material to be used. Field welding, when
necessary, shall be made only on saddle plates, lugs or brackets,
originally attached to the container by the tank manufacturer.
(iv) Fuel containers on buses shall be permanently installed.
(v) Containers from which vapor only is to be withdrawn shall be
installed and equipped with suitable connections to minimize the
accidental withdrawal of liquid.
(5) Valves and accessories. (i) Container valves and accessories
shall have a rated working pressure of at least 250 p.s.i.g., and shall
be of a type suitable for liquefied petroleum gas service.
(ii) The filling connection shall be fitted with an approved double
back-pressure check valve, or a positive shutoff in conjunction with an
internal back-pressure check valve. On a removable container the filler
valve may be a hand operated shutoff valve with an internal excess flow
valve. Main shutoff valves on the container on liquid and vapor lines
must be readily accessible.
[[Page 327]]
(iii) With the exceptions of paragraph (e)(5)(iv)(c) of this
section, filling connections equipped with approved automatic back-
pressure check valves, and safety relief valves, all connections to
containers having openings for the flow of gas in excess of a No. 54
drill size shall be equipped with approved automatic excess flow valves
to prevent discharge of content in case connections are broken.
(iv) Liquid-level gaging devices:
(a) Variable liquid-level gages which require the venting of fuel to
the atmosphere shall not be used on fuel containers of industrial trucks
(including lift trucks).
(b) On portable containers that may be filled in the vertical and/or
horizontal position, the fixed liquid-level gage must indicate maximum
permitted filling level for both vertical and horizontal filling with
the container oriented to place the safety relief valve in communication
with the vapor space.
(c) In the case of containers used solely in farm tractor service,
and charged at a point at least 50 feet from any important building, the
fixed liquid-level gaging device may be so constructed that the outward
flow of container content exceeds that passed by a No. 54 drill size
opening, but in no case shall the flow exceed that passed by a No. 31
drill-size opening. An excess flow valve is not required. Fittings
equipped with such restricted drill size opening and container on which
they are used shall be marked to indicate the size of the opening.
(d) All valves and connections on containers shall be adequately
protected to prevent damage due to accidental contact with stationary
objects or from loose objects thrown up from the road, and all valves
shall be safeguarded against damage due to collision, overturning or
other accident. For farm tractors where parts of the vehicle provide
such protection to valves and fittings, the foregoing requirements shall
be considered fulfilled. However, on removable type containers the
protection for the fittings shall be permanently attached to the
container.
(e) When removable fuel containers are used, means shall be provided
in the fuel system to minimize the escape of fuel when the containers
are exchanged. This may be accomplished by either of the following
methods:
(1) Using an approved automatic quick-closing coupling (a type
closing in both directions when uncoupled) in the fuel line, or
(2) Closing the valve at the fuel container and allowing the engine
to run until the fuel in the line is consumed.
(6) Piping--including pipe, tubing, and fittings. (i) Pipe from fuel
container to first-stage regulator shall be not less than schedule 80
wrought iron or steel (black or galvanized), brass or copper; or
seamless copper, brass, or steel tubing. Steel tubing shall have a
minimum wall thickness of 0.049 inch. Steel pipe or tubing shall be
adequately protected against exterior corrosion. Copper tubing shall be
types K or L or equivalent having a minimum wall thickness of 0.032
inch. Approved flexible connections may be used between container and
regulator or between regulator and gas-air mixer within the limits of
approval. The use of aluminum pipe or tubing is prohibited. In the case
of removable containers an approved flexible connection shall be used
between the container and the fuel line.
(ii) All piping shall be installed, braced, and supported so as to
reduce to a minimum the possibility of vibration strains or wear.
(7) Safety devices. (i) Spring-loaded internal type safety relief
valves shall be used on all motor fuel containers.
(ii) The discharge outlet from safety relief valves shall be located
on the outside of enclosed spaces and as far as practicable from
possible sources of ignition, and vented upward within 45 degrees of the
vertical in such a manner as to prevent impingement of escaping gas upon
containers, or parts of vehicles, or on vehicles in adjacent lines of
traffic. A rain cap or other protector shall be used to keep water and
dirt from collecting in the valve.
(iii) When a discharge line from the container safety relief valve
is used, the line shall be metallic, other than aluminum, and shall be
sized, located, and maintained so as not to restrict the required flow
of gas from the safety relief valve. Such discharge line shall
[[Page 328]]
be able to withstand the pressure resulting from the discharge of vapor
when the safety relief valve is in the full open position. When
flexibility is necessary, flexible metal hose or tubing shall be used.
(iv) Portable containers equipped for volumetric filling may be
filled in either the vertical or horizontal position only when oriented
to place the safety relief valve in communication with the vapor space.
(v) Paragraph (b)(10)(xii) of this section for hydrostatic relief
valves shall apply.
(8) Vaporizers. (i) Vaporizers and any part thereof and other
devices that may be subjected to container pressure shall have a design
pressure of at least 250 p.s.i.g.
(ii) Each vaporizer shall have a valve or suitable plug which will
permit substantially complete draining of the vaporizer. It shall be
located at or near the lowest portion of the section occupied by the
water or other heating medium.
(iii) Vaporizers shall be securely fastened so as to minimize the
possibility of becoming loosened.
(iv) Each vaporizer shall be permanently marked at a visible point
as follows:
(a) With the design pressure of the fuel-containing portion in
p.s.i.g.
(b) With the water capacity of the fuel-containing portion of the
vaporizer in pounds.
(v) Devices to supply heat directly to a fuel container shall be
equipped with an automatic device to cut off the supply of heat before
the pressure inside the fuel container reaches 80 percent of the start
to discharge pressure setting of the safety relief device on the fuel
container.
(vi) Engine exhaust gases may be used as a direct source of heat
supply for the vaporization of fuel if the materials of construction of
those parts of the vaporizer in contact with exhaust gases are resistant
to the corrosive action of exhaust gases and the vaporizer system is
designed to prevent excessive pressures.
(vii) Vaporizers shall not be equipped with fusible plugs.
(9) Gas regulating and mixing equipment. (i) Approved automatic
pressure reducing equipment shall be installed in a secure manner
between the fuel supply container and gas-air mixer for the purpose of
reducing the pressure of the fuel delivered to the gas-air mixer.
(ii) An approved automatic shutoff valve shall be provided in the
fuel system at some point ahead of the inlet of the gas-air mixer,
designed to prevent flow of fuel to the mixer when the ignition is off
and the engine is not running. In the case of industrial trucks and
engines operating in buildings other than those used exclusively to
house engines, the automatic shutoff valve shall be designed to operate
if the engine should stop. Atmospheric type regulators (zero governors)
shall be considered adequate as an automatic shutoff valve only in cases
of outdoor operation such as farm tractors, construction equipment,
irrigation pump engines, and other outdoor stationary engine
installations.
(iii) The source of the air for combustion shall be completely
isolated from the passenger compartment, ventilating system, or air-
conditioning system.
(10) [Reserved]
(11) Stationary engines in buildings. Stationary engines and gas
turbines installed in buildings, including portable engines used instead
of or to supplement stationary engines, shall comply with the Standard
for the Institution and Use of Stationary Combustion Engines and Gas
Turbines, NFPA 37-1970, and the appropriate provisions of paragraphs
(b), (c), and (d) of this section.
(12) Portable engines in buildings. (i) Portable engines may be used
in buildings only for emergency use, except as provided by subparagraph
(11) of this paragraph.
(ii) Exhaust gases shall be discharged to outside the building or to
an area where they will not constitute a hazard.
(iii) Provision shall be made to supply sufficient air for
combustion and cooling.
(iv) An approved automatic shutoff valve shall be provided in the
fuel system ahead of the engine, designed to prevent flow of fuel to the
engine when the ignition is off or if the engine should stop.
[[Page 329]]
(v) The capacity of LP-Gas containers used with such engines shall
comply with the applicable occupancy provision of paragraph (c)(5) of
this section.
(13) Industrial trucks inside buildings. (i) LP-Gas-fueled
industrial trucks are permitted to be used in buildings and structures.
(ii) No more than two LP-Gas containers shall be used on an
industrial truck for motor fuel purposes.
(iii)-(iv) [Reserved]
(v) Industrial trucks shall not be parked and left unattended in
areas of possible excessive heat or sources of ignition.
(14) Garaging LP-Gas-fueled vehicles. (i) LP-Gas-fueled vehicles may
be stored or serviced inside garages provided there are no leaks in the
fuel system and the fuel tanks are not filled beyond the maximum filling
capacity specified in paragraph (b)(12)(i) of this section.
(ii) LP-Gas-fueled vehicles being repaired in garages shall have the
container shutoff valve closed except when fuel is required for engine
operation.
(iii) Such vehicles shall not be parked near sources of heat, open
flames, or similar sources of ignition or near open pits unless such
pits are adequately ventilated.
(f) Storage of containers awaiting use or resale--(1) Application.
This paragraph shall apply to the storage of portable containers not in
excess of 1,000 pounds water capacity, filled or partially filled, at
user location but not connected for use, or in storage for resale by
dealers or resellers. This paragraph shall not apply to containers
stored at charging plants or at plants devoted primarily to the storage
and distribution of LP-Gas or other petroleum products.
(2) General. (i) Containers in storage shall be located so as to
minimize exposure to excessive temperature rise, physical damage, or
tampering by unauthorized persons.
(ii) Containers when stored inside shall not be located near exits,
stairways, or in areas normally used or intended for the safe exit of
people.
(iii) Container valves shall be protected while in storage as
follows:
(a) By setting into recess of container to prevent the possibility
of their being struck if the container is dropped upon a flat surface,
or
(b) By ventilated cap or collar, fastened to container capable of
withstanding blow from any direction equivalent to that of a 30-pound
weight dropped 4 feet. Construction must be such that a blow will not be
transmitted to a valve or other connection.
(iv) The outlet valves of containers in storage shall be closed.
(v) Empty containers which have been in LP-Gas service when stored
inside, shall be considered as full containers for the purpose of
determining the maximum quantity of LP-Gas permitted by this paragraph.
(3) [Reserved]
(4) Storage within buildings not frequented by the public (such as
industrial buildings). (i) The quantity of LP-Gas stored shall not
exceed 300 pounds (approximately 2,550 cubic feet in vapor form) except
as provided in subparagraph (5) of this paragraph.
(ii) Containers carried as a part of service equipment on highway
mobile vehicles are not to be considered in the total storage capacity
in subdivision (i) of this subparagraph provided such vehicles are
stored in private garages, and are limited to one container per vehicle
with an LP-Gas capacity of not more than 100 pounds. All container
valves shall be closed.
(5) Storage within special buildings or rooms. (i) The quantity of
LP-Gas stored in special buildings or rooms shall not exceed 10,000
pounds.
(ii) The walls, floors, and ceilings of container storage rooms that
are within or adjacent to other parts of the building shall be
constructed of material having at least a 2-hour fire resistance rating.
(iii) A portion of the exterior walls or roof having an area not
less than 10 percent of that of the combined area of the enclosing walls
and roof shall be of explosion relieving construction.
(iv) Each opening from such storage rooms to other parts of the
building shall be protected by a 1\1/2\ hour (B) fire door listed by a
nationally recognized testing laboratory. Refer to Sec.1910.7 for
definition of nationally recognized testing laboratory.
[[Page 330]]
(v) Such rooms shall have no open flames for heating or lighting.
(vi) Such rooms shall be adequately ventilated both top and bottom
to the outside only. The openings from such vents shall be at least 5
feet away from any other opening into any building.
(vii) The floors of such rooms shall not be below ground level. Any
space below the floor shall be of solid fill or properly ventilated to
the open air.
(viii) Such storage rooms shall not be located adjoining the line of
property occupied by schools, churches, hospitals, athletic fields or
other points of public gathering.
(ix) Fixed electrical equipment shall be installed in accordance
with paragraph (b)(18) of this section.
(6) Storage outside of buildings. (i) Storage outside of buildings,
for containers awaiting use or resale, shall be located in accordance
with Table H-33 with respect to:
(a) The nearest important building or group of buildings;
(b) [Reserved]
(c) Busy thoroughfares;
Table H-33
------------------------------------------------------------------------
Quantity of LP-Gas Stored Distance
------------------------------------------------------------------------
500 pounds or less.......................................... 0
501 to 2,500 pounds......................................... \1\ 0
2,501 to 6,000 pounds....................................... 10 feet
6,001 to 10,000 pounds...................................... 20 feet
Over 10,000 pounds.......................................... 25 feet
------------------------------------------------------------------------
\1\ Container or containers shall be at least 10 feet from any building
on adjoining property, any sidewalk, or any of the exposures described
in Sec. 1910.110(f)(6)(i) (c) or (d) of this paragraph.
(ii) Containers shall be in a suitable enclosure or otherwise
protected against tampering.
(7) Fire protection. Storage locations other than supply depots
separated and located apart from dealer, reseller, or user
establishments shall be provided with at least one approved portable
fire extinguisher having a minimum rating of 8-B, C.
(g) [Reserved]
(h) Liquefied petroleum gas service stations--(1) Application. This
paragraph applies to storage containers, and dispensing devices, and
pertinent equipment in service stations where LP-Gas is stored and is
dispensed into fuel tanks of motor vehicles. See paragraph (e) of this
section for requirements covering use of LP-Gas as a motor fuel. All
requirements of paragraph (b) of this section apply to this paragraph
unless otherwise noted.
(2) Design pressure and classification of storage containers.
Storage containers shall be designed and classified in accordance with
Table H-34.
Table H-34
------------------------------------------------------------------------
Minimum design pressure of container,
lb. per sq. in. gage
--------------------------------------
For gases with 1949 edition of ASME
vapor press. Code (Par. U-200, U-
Not to exceed 1949 and 201); 1950, 1952,
Container type lb. per sq. in. earlier 1956, 1959, 1962,
gage at 100 editions of 1965, and 1968
[deg]F. (37.8 ASME Code (Par. (Division 1)
[deg]C.) U-68, U-69) editions of ASME
Code; All editions
of API-ASME Code \2\
------------------------------------------------------------------------
\1\ 200 215 200 250
------------------------------------------------------------------------
\1\ Container type may be increased by increments of 25. The minimum
design pressure of containers shall be 100 percent of the container
type designation when constructed under 1949 or earlier editions of
the ASME Code (Par. U-68 and U-69). The minimum design pressure of
containers shall be 125 percent of the container type designation when
constructed under: (1) The 1949 ASME Code (Paragraphs U-200 and U-
201), (2) 1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1)
editions of the ASME Code, and (3) all editions of the API-ASME Code.
\2\ Construction of containers under the API-ASME Code is not authorized
after July 1, 1961.
(3) Container valves and accessories. (i) A filling connection on
the container shall be fitted with one of the following:
(a) A combination back-pressure check and excess flow valve.
(b) One double or two single back-pressure valves.
(c) A positive shutoff valve, in conjunction with either,
(1) An internal back-pressure valve, or
(2) On internal excess flow valve.
In lieu of an excess flow valve, filling connections may be fitted with
a quick-closing internal valve, which shall remain closed except during
operating periods. The mechanism for such valves may be provided with a
secondary control which will cause it to close automatically in case of
fire. When a fusible plug is used its melting point shall not exceed 220
[deg]F.
(ii) A filling pipe inlet terminal not on the container shall be
fitted with a positive shutoff valve in conjunction with either;
(a) A black pressure check valve, or
(b) An excess flow check valve.
(iii) All openings in the container except those listed below shall
be
[[Page 331]]
equipped with approved excess flow check valves:
(a) Filling connections as provided in subdivision (i) of this
subparagraph.
(b) Safety relief connections as provided in paragraph (b)(7)(ii) of
this section.
(c) Liquid-level gaging devices as provided in paragraphs (b)(7)(iv)
and (19)(iv) of this section.
(d) Pressure gage connections as provided in paragraph (b)(7)(v) of
this section.
(iv) All container inlets and outlets except those listed below
shall be labeled to designate whether they connect with vapor or liquid
(labels may be on valves):
(a) Safety relief valves.
(b) Liquid-level gaging devices.
(c) Pressure gages.
(v) Each storage container shall be provided with a suitable
pressure gage.
(4) Safety-relief valves. (i) All safety-relief devices shall be
installed as follows:
(a) On the container and directly connected with the vapor space.
(b) Safety-relief valves and discharge piping shall be protected
against physical damage. The outlet shall be provided with loose-fitting
rain caps. There shall be no return bends or restrictions in the
discharge piping.
(c) The discharge from two or more safety relief valves having the
same pressure settings may be run into a common discharge header. The
cross-sectional area of such header shall be at least equal to the sum
of the cross-sectional areas of the individual discharges.
(d) Discharge from any safety relief device shall not terminate in
any building nor beneath any building.
(ii) Aboveground containers shall be provided with safety relief
valves as follows:
(a) The rate of discharge, which may be provided by one or more
valves, shall be not less than that specified in paragraph (b)(10)(ii)
of this section.
(b) The discharge from safety relief valves shall be vented to the
open air unobstructed and vertically upwards in such a manner as to
prevent any impingement of escaping gas upon the container; loose-
fitting rain caps shall be used. On a container having a water capacity
greater than 2,000 gallons, the discharge from the safety relief valves
shall be vented away from the container vertically upwards to a point at
least 7 feet above the container. Suitable provisions shall be made so
that any liquid or condensate that may accumulate inside of the relief
valve or its discharge pipe will not render the valve inoperative. If a
drain is used, a means shall be provided to protect the container,
adjacent containers, piping, or equipment against impingement of flame
resulting from ignition of the product escaping from the drain.
(iii) Underground containers shall be provided with safety relief
valves as follows:
(a) The discharge from safety-relief valves shall be piped
vertically upward to a point at least 10 feet above the ground. The
discharge lines or pipes shall be adequately supported and protected
against physical damage.
(b) [Reserved]
(c) If no liquid is put into a container until after it is buried
and covered, the rate of discharge of the relief valves may be reduced
to not less than 30 percent of the rate shown in paragraph (b)(10)(ii)
of this section. If liquid fuel is present during installation of
containers, the rate of discharge shall be the same as for aboveground
containers. Such containers shall not be uncovered until emptied of
liquid fuel.
(5) Capacity of liquid containers. Individual liquid storage
containers shall not exceed 30,000 gallons water capacity.
(6) Installation of storage containers. (i)(a) Each storage
container used exclusively in service station operation shall comply
with the following table which specifies minimum distances to a building
and groups of buildings.
------------------------------------------------------------------------
Minimum distances
-------------------------
Aboveground Between
Water capacity per container (gallons) and aboveground
underground containers
(feet) (feet)
------------------------------------------------------------------------
Up to 2,000................................... 25 3
Over 2,000.................................... 50 5
------------------------------------------------------------------------
Note: The above distances may be reduced to not less than 10 feet for
service station buildings of other than wood frame construction.
[[Page 332]]
(b) Readily ignitible material including weeds and long dry grass,
shall be removed within 10 feet of containers.
(c) The minimum separation between LP-Gas containers and flammable
liquid tanks shall be 20 feet and the minimum separation between a
container and the centerline of the dike shall be 10 feet.
(d) LP-Gas containers located near flammable liquid containers shall
be protected against the flow or accumulation of flammable liquids by
diking, diversion curbs, or grading.
(e) LP-Gas containers shall not be located within diked areas for
flammable liquid containers.
(f) Field welding is permitted only on saddle plates or brackets
which were applied by the container manufacturer.
(g) When permanently installed containers are interconnected,
provision shall be made to compensate for expansion, contraction,
vibration, and settling of containers and interconnecting piping. Where
flexible connections are used, they shall be of an approved type and
shall be designed for a bursting pressure of not less than five times
the vapor pressure of the product at 100 [deg]F. The use of nonmetallic
hose is prohibited for interconnecting such containers.
(h) Where high water table or flood conditions may be encountered
protection against container flotation shall be provided.
(ii) Aboveground containers shall be installed in accordance with
this subdivision.
(a) Containers may be installed horizontally or vertically.
(b) Containers shall be protected by crash rails or guards to
prevent physical damage unless they are so protected by virtue of their
location. Vehicles shall not be serviced within 10 feet of containers.
(c) Container foundations shall be of substantial masonry or other
noncombustible material. Containers shall be mounted on saddles which
shall permit expansion and contraction, and shall provide against the
excessive concentration of stresses. Corrosion protection shall be
provided for tank-mounting areas. Structural metal container supports
shall be protected against fire. This protection is not required on
prefabricated storage and pump assemblies, mounted on a common base,
with container bottom not more than 24 inches above ground and whose
water capacity is 2,000 gallons or less if the piping connected to the
storage and pump assembly is sufficiently flexible to minimize the
possibility of breakage or leakage in the event of failure of the
container supports.
(iii) Underground containers shall be installed in accordance with
this subdivision.
(a) Containers shall be given a protective coating before being
placed under ground. This coating shall be equivalent to hot-dip
galvanizing or to two coatings of red lead followed by a heavy coating
of coal tar or asphalt. In lowering the container into place, care shall
be exercised to minimize abrasion or other damage to the coating. Damage
to the coating shall be repaired before back-filling.
(b) Containers shall be set on a firm foundation (firm earth may be
used) and surrounded with earth or sand firmly tamped in place. Backfill
should be free of rocks or other abrasive materials.
(c) A minimum of 2 feet of earth cover shall be provided. Where
ground conditions make compliance with this requirement impractical,
equivalent protection against physical damage shall be provided. The
portion of the container to which manhole and other connections are
attached need not be covered. If the location is subjected to vehicular
traffic, containers shall be protected by a concrete slab or other cover
adequate to prevent the weight of a loaded vehicle imposing concentrated
direct loads on the container shell.
(7) Protection of container fittings. Valves, regulators, gages, and
other container fittings shall be protected against tampering and
physical damage.
(8) Transport truck unloading point. (i) During unloading, the
transport truck shall not be parked on public thoroughfares and shall be
at least 5 feet from storage containers, and shall be positioned so that
shutoff valves are readily accessible.
(ii) The filling pipe inlet terminal shall not be located within a
building
[[Page 333]]
nor within 10 feet of any building or driveway. It shall be protected
against physical damage.
(9) Piping, valves, and fittings. (i) Piping may be underground,
above ground, or a combination of both. It shall be well supported and
protected against physical damage and corrosion.
(ii) Piping laid beneath driveways shall be installed to prevent
physical damage by vehicles.
(iii) Piping shall be wrought iron or steel (black or galvanized),
brass or copper pipe; or seamless copper, brass, or steel tubing and
shall be suitable for a minimum pressure of 250 p.s.i.g. Pipe joints may
be screwed, flanged, brazed, or welded. The use of aluminum alloy piping
or tubing is prohibited.
(iv) All shutoff valves (liquid or gas) shall be suitable for
liquefied petroleum gas service and designed for not less than the
maximum pressure to which they may be subjected. Valves which may be
subjected to container pressure shall have a rated working pressure of
at least 250 p.s.i.g.
(v) All materials used for valve seats, packing, gaskets,
diaphragms, etc., shall be resistant to the action of LP-Gas.
(vi) Fittings shall be steel, malleable iron, or brass having a
minimum working pressure of 250 p.s.i.g. Cast iron pipe fittings, such
as ells, tees, and unions shall not be used.
(vii) All piping shall be tested after assembly and proved free from
leaks at not less than normal operating pressures.
(viii) Provision shall be made for expansion, contraction, jarring,
and vibration, and for settling. This may be accomplished by flexible
connections.
(10) Pumps and accessories. All pumps and accessory equipment shall
be suitable for LP-Gas service, and designed for not less than the
maximum pressure to which they may be subjected. Accessories shall have
a minimum rated working pressure of 250 p.s.i.g. Positive displacement
pumps shall be equipped with suitable pressure actuated bypass valves
permitting flow from pump discharge to storage container or pump
suction.
(11) Dispensing devices. (i) Meters, vapor separators, valves, and
fittings in the dispenser shall be suitable for LP-Gas service and shall
be designed for a minimum working pressure of 250 p.s.i.g.
(ii) Provisions shall be made for venting LP-Gas contained in a
dispensing device to a safe location.
(iii) Pumps used to transfer LP-Gas shall be equipped to allow
control of the flow and to prevent leakage or accidental discharge.
Means shall be provided outside the dispensing device to readily shut
off the power in the event of fire or accident.
(iv) A manual shutoff valve and an excess flow check valve shall be
installed downstream of the pump and ahead of the dispenser inlet.
(v)(a) Dispensing hose shall be resistant to the action of LP-Gas in
the liquid phase and designed for a minimum bursting pressure of 1,250
p.s.i.g.
(b) An excess flow check valve or automatic shutoff valve shall be
installed at the terminus of the liquid line at the point of attachment
of the dispensing hose.
(vi)(a) LP-Gas dispensing devices shall be located not less than 10
feet from aboveground storage containers greater than 2,000 gallons
water capacity. The dispensing devices shall not be less than 20 feet
from any building (not including canopies), basement, cellar, pit, or
line of adjoining property which may be built upon and not less than 10
feet from sidewalks, streets, or thoroughfares. No drains or blowoff
lines shall be directed into or in proximity to the sewer systems used
for other purposes.
(b) LP-Gas dispensing devices shall be installed on a concrete
foundation or as part of a complete storage and dispensing assembly
mounted on a common base, and shall be adequately protected from
physical damage.
(c) LP-Gas dispensing devices shall not be installed within a
building except that they may be located under a weather shelter or
canopy provided this area is not enclosed on more than two sides. If the
enclosing sides are adjacent to each other, the area shall be properly
ventilated.
(vii) The dispensing of LP-Gas into the fuel container of a vehicle
shall be performed by a competent attendant
[[Page 334]]
who shall remain at the LP-Gas dispenser during the entire transfer
operation.
(12) Additional rules. There shall be no smoking on the driveway of
service stations in the dispensing areas or transport truck unloading
areas. Conspicuous signs prohibiting smoking shall be posted within
sight of the customer being served. Letters on such signs shall be not
less than 4 inches high. The motors of all vehicles being fueled shall
be shut off during the fueling operations.
(13) Electrical. Electrical equipment and installations shall
conform to paragraphs (b) (17) and (18) of this section.
(14) Fire protection. Each service station shall be provided with at
least one approved portable fire extinguisher having at least an 8-B, C,
rating.
(i) Scope--(1) Application. (i) Paragraph (b) of this section
applies to installations made in accordance with the requirements of
paragraphs (c), (d), (e), (g), and (h) of this section, except as noted
in each of those paragraphs.
(ii) Paragraphs (c) through (h) of this section apply as provided in
each of those paragraphs.
(2) Inapplicability. This section does not apply to:
(i) Marine and pipeline terminals, natural gas processing plants,
refineries, or tank farms other than those at industrial sites.
(ii) LP-Gas refrigerated storage systems;
(iii) LP-Gas when used with oxygen. The requirements of Sec.
1910.253 shall apply to such use;
(iv) LP-Gas when used in utility gas plants. The National Fire
Protection Association Standard for the Storage and Handling of
Liquefied Petroleum Gases at Utility Gas Plants, NFPA No. 59-1968, shall
apply to such use;
(v) Low-pressure (not in excess of one-half pound per square inch or
14 inches water column) LP-Gas piping systems, and the installation and
operation of residential and commercial appliances including their inlet
connections, supplied through such systems. For such systems, the
National Fire Protection Association Standard for the Installation of
Gas Appliances and Gas Piping, NFPA 54-1969 shall apply.
(3) Retroactivity. Unless otherwise stated, it is not intended that
the provisions of this section be retroactive.
(i) Existing plants, appliances, equipment, buildings, structures,
and installations for the storage, handling or use of LP-Gas, which were
in compliance with the current provisions of the National Fire
Protection Association Standard for the Storage and Handling of
Liquefied Petroleum Gases NFPA No. 58, at the time of manufacture or
installation may be continued in use, if such continued use does not
constitute a recognized hazard that is causing or is likely to cause
death or serious physical harm to employees.
(ii) Stocks of equipment and appliances on hand in such locations as
manufacturers' storage, distribution warehouses, and dealers' storage
and showrooms, which were in compliance with the current provisions of
the National Fire Protection Association Standard for the Storage and
Handling of Liquefied Petroleum Gases, NFPA No. 58, at the time of
manufacture, may be placed in service, if such use does not constitute a
recognized hazard that is causing or is likely to cause death or serious
physical harm to employees.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49747, Oct. 24, 1978;
49 FR 5322, Feb. 10, 1984; 53 FR 12122, Apr. 12, 1988; 55 FR 25094, June
20, 1990; 55 FR 32015, Aug. 6, 1990; 58 FR 35309, June 30, 1993; 61 FR
9237, 9238, Mar. 7, 1996; 63 FR 33466, June 18, 1998; 72 FR 71069, Dec.
14, 2007]
Sec.1910.111 Storage and handling of anhydrous ammonia.
(a) General--(1) Scope. (i) This standard is intended to apply to
the design, construction, location, installation, and operation of
anhydrous ammonia systems including refrigerated ammonia storage
systems.
(ii) This standard does not apply to:
(a) Ammonia manufacturing plants.
(b) Refrigeration plants where ammonia is used solely as a
refrigerant.
(2) Definitions. As used in this section.
(i) Appurtenances. All devices such as pumps, compressors, safety
relief devices, liquid-level gaging devices, valves and pressure gages.
[[Page 335]]
(ii) Cylinder. A container of 1,000 pounds of water capacity or less
constructed in accordance with Department of Transportation
specifications.
(iii) Code. The Boiler and Pressure Vessel Code, Section VIII,
Unfired Pressure Vessels of the American Society of Mechanical Engineers
(ASME)--1968.
(iv) Container. Includes all vessels, tanks, cylinders, or spheres
used for transportation, storage, or application of anhydrous ammonia.
(v) DOT. U.S. Department of Transportation.
(vi) Design pressure is identical to the term Maximum Allowable
Working Pressure used in the Code.
(vii) Farm vehicle (implement of husbandry). A vehicle for use on a
farm on which is mounted a container of not over 1,200 gallons water
capacity.
(viii) Filling density. the percent ratio of the weight of the gas
in a container to the weight of water at 60 [deg]F. that the container
will hold.
(ix) Gas. Anhydrous ammonia in either the gaseous or liquefied
state.
(x) Gas masks. Gas masks must be approved by the National Institute
for Occupational Safety and Health (NIOSH) under 42 CFR part 84 for use
with anhydrous ammonia.
(xi) Capacity. Total volume of the container in standard U.S.
gallons.
(xii) DOT specifications--Regulations of the Department of
Transportation published in 49 CFR chapter I.
(b) Basic rules. This paragraph applies to all paragraphs of this
section unless otherwise noted.
(1) Approval of equipment and systems. Each appurtenance shall be
approved in accordance with paragraph (b)(1) (i), (ii), (iii), or (iv)
of this section.
(i) It was installed before February 8, 1973, and was approved,
tested, and installed in accordance with either the provisions of the
American National Standard for the Storage and Handling of Anhydrous
Ammonia, K61.1, or the Fertilizer Institute Standards for the Storage
and Handling of Agricultural Anhydrous Ammonia, M-1, (both of which are
incorporated by reference as specified in Sec.1910.6) in effect at the
time of installation; or
(ii) It is accepted, or certified, or listed, or labeled, or
otherwise determined to be safe by a nationally recognized testing
laboratory; or
(iii) It is a type which no nationally recognized testing laboratory
does, or will undertake to, accept, certify, list, label, or determine
to be safe; and such equipment is inspected or tested by any Federal,
State, municipal, or other local authority responsible for enforcing
occupational safety provisions of a Federal, State, municipal or other
local law, code, or regulation pertaining to the storage, handling,
transport, and use of anhydrous ammonia, and found to be in compliance
with either the provisions of the American National Standard for the
Storage and Handling of Anhydrous Ammonia, K61.1, or the Fertilizer
Institute Standards for the Storage and Handling of Agricultural
Anhydrous Ammonia, M-1, in effect at the time of installation; or
(iv) It is a custom-designed and custom-built unit, which no
nationally recognized testing laboratory, or Federal, State, municipal
or local authority responsible for the enforcement of a Federal, State,
municipal, or local law, code or regulation pertaining to the storage,
transportation and use of anhydrous ammonia is willing to undertake to
accept, certify, list, label or determine to be safe, and the employer
has on file a document attesting to its safe condition following the
conduct of appropriate tests. The document shall be signed by a
registered professional engineer or other person having special training
or experience sufficient to permit him to form an opinion as to safety
of the unit involved. The document shall set forth the test bases, test
data and results, and also the qualifications of the certifying person.
(v) For the purposes of this paragraph (b)(1), the word listed means
that equipment is of a kind mentioned in a list which is published by a
nationally recognized laboratory which makes periodic inspection of the
production of such equipment, and states such equipment meets nationally
recognized standards or has been tested and found safe for use in a
specified manner. Labeled means there is attached to it a label, symbol,
or other identifying mark of a nationally recognized testing
[[Page 336]]
laboratory which, makes periodic inspections of the production of such
equipment, and whose labeling indicates compliance with nationally
recognized standards or tests to determine safe use in a specified
manner. Certified means it has been tested and found by a nationally
recognized testing laboratory to meet nationally recognized standards or
to be safe for use in a specified manner, or is of a kind whose
production is periodically inspected by a nationally recognized testing
laboratory, and it bears a label, tag, or other record of certification.
(vi) For the purposes of this paragraph (b)(1), refer to Sec.
1910.7 for definition of nationally recognized testing laboratory.
(2) Requirements for construction, original test and requalification
of nonrefrigerated containers. (i) Containers used with systems covered
in paragraphs (c), (f), (g), and (h) of this section shall be
constructed and tested in accordance with the Code except that
construction under Table UW12 at a basic joint efficiency of under 80
percent is not authorized.
(ii) Containers built according to the Code do not have to comply
with Paragraphs UG125 to UG128 inclusive, and Paragraphs UG132 and UG133
of the Code.
(iii) Containers exceeding 36 inches in diameter or 250 gallons
water capacity shall be constructed to comply with one or more of the
following:
(a) Containers shall be stress relieved after fabrication in
accordance with the Code, or
(b) Cold-form heads when used, shall be stress relieved, or
(c) Hot-formed heads shall be used.
(iv) Welding to the shell, head, or any other part of the container
subject to internal pressure shall be done in compliance with the Code.
Other welding is permitted only on saddle plates, lugs, or brackets
attached to the container by the container manufacturer.
(v) Containers used with systems covered in paragraph (e) of this
section shall be constructed and tested in accordance with the DOT
specifications.
(vi) The provisions of subdivision (i) of this subparagraph shall
not be construed as prohibiting the continued use or reinstallation of
containers constructed and maintained in accordance with the 1949, 1950,
1952, 1956, 1959, and 1962 editions of the Code or any revisions thereof
in effect at the time of fabrication.
(3) Marking nonrefrigerated containers. (i) System nameplates, when
required, shall be permanently attached to the system so as to be
readily accessible for inspection and shall include markings as
prescribed in subdivision (ii) of this subparagraph.
(ii) Each container or system covered in paragraphs (c), (f), (g),
and (h) of this section shall be marked as specified in the following:
(a) With a notation ``Anhydrous Ammonia.''
(b) With a marking identifying compliance with the rules of the Code
under which the container is constructed.
Under ground: Container and system nameplate.
Above ground: Container.
(c) With a notation whether the system is designed for underground
or aboveground installation or both.
(d) With the name and address of the supplier of the system or the
trade name of the system and with the date of fabrication.
Under ground and above ground: System nameplate.
(e) With the water capacity of the container in pounds at 60 [deg]F.
or gallons, U.S. Standard.
Under ground: Container and system nameplate.
Above ground: Container.
(f) With the design pressure in pounds per square inch.
Under ground: Container and system nameplate.
Above ground: Container.
(g) With the wall thickness of the shell and heads.
Under ground: Container and system nameplate.
Above ground: Container.
(h) With marking indicating the maximum level to which the container
may be filled with liquid anhydrous ammonia at temperatures between 20
[deg]F. and 130 [deg]F. except on containers provided with fixed level
indicators,
[[Page 337]]
such as fixed length dip tubes, or containers that are filled with
weight. Markings shall be in increments of not more than 20 [deg]F.
Above ground and under ground: System nameplate or on liquid-level
gaging device.
(i) With the total outside surface area of the container in square
feet.
Under ground: System nameplate.
Above ground: No requirement.
(j) Marking specified on the container shall be on the container
itself or on a nameplate permanently attached to it.
(4) Marking refrigerated containers. Each refrigerated container
shall be marked with nameplate on the outer covering in an accessible
place as specified in the following:
(i) With the notation, ``Anhydrous Ammonia.''
(ii) With the name and address of the builder and the date of
fabrication.
(iii) With the water capacity of the container in gallons, U.S.
Standard.
(iv) With the design pressure.
(v) With the minimum temperature in degrees Fahrenheit for which the
container was designed.
(vi) The maximum allowable water level to which the container may be
filled for test purposes.
(vii) With the density of the product in pounds per cubic foot for
which the container was designed.
(viii) With the maximum level to which the container may be filled
with liquid anhydrous ammonia.
(5) Location of containers. (i) Consideration shall be given to the
physiological effects of ammonia as well as to adjacent fire hazards in
selecting the location for a storage container. Containers shall be
located outside of buildings or in buildings or sections thereof
especially provided for this purpose.
(ii) Permanent storage containers shall be located at least 50 feet
from a dug well or other sources of potable water supply, unless the
container is a part of a water-treatment installation.
(iii)-(iv) [Reserved]
(v) Storage areas shall be kept free of readily ignitible materials
such as waste, weeds, and long dry grass.
(6) Container appurtenances. (i) All appurtenances shall be designed
for not less than the maximum working pressure of that portion of the
system on which they are installed. All appurtenances shall be
fabricated from materials proved suitable for anhydrous ammonia service.
(ii) All connections to containers except safety relief devices,
gaging devices, or those fitted with No. 54 drill-size orifice shall
have shutoff valves located as close to the container as practicable.
(iii) Excess flow valves where required by these standards shall
close automatically at the rated flows of vapor or liquid as specified
by the manufacturer. The connections and line including valves and
fittings being protected by an excess flow valve shall have a greater
capacity than the rated flow of the excess flow valve so that the valve
will close in case of failure of the line or fittings.
(iv) Liquid-level gaging devices that require bleeding of the
product to the atmosphere and which are so constructed that outward flow
will not exceed that passed by a No. 54 drill-size opening need not be
equipped with excess flow valves.
(v) Openings from the container or through fittings attached
directly on the container to which pressure gage connections are made
need not be equipped with excess flow valves if such openings are not
larger than No. 54 drill size.
(vi) Excess flow and back pressure check valves where required by
the standards in this section shall be located inside of the container
or at a point outside as close as practicable to where the line enters
the container. In the latter case installation shall be made in such
manner that any undue strain beyond the excess flow or back pressure
check valve will not cause breakage between the container and the valve.
(vii) Excess flow valves shall be designed with a bypass, not to
exceed a No. 60 drill-size opening to allow equalization of pressures.
(viii) All excess flow valves shall be plainly and permanently
marked with the name or trademark of the manufacturer, the catalog
number, and the rated capacity.
[[Page 338]]
(7) Piping, tubing, and fittings. (i) All piping, tubing, and
fittings shall be made of material suitable for anhydrous ammonia
service.
(ii) All piping, tubing, and fittings shall be designed for a
pressure not less than the maximum pressure to which they may be
subjected in service.
(iii) All refrigerated piping shall conform to the Refrigeration
Piping Code, American National Standards Institute, B31.5-1966 with
addenda B31.1a-1968, which is incorporated by reference as specified in
Sec.1910.6, as it applies to ammonia.
(iv) Piping used on non-refrigerated systems shall be at least
American Society for Testing and Materials (ASTM) A-53-69 Grade B
Electric Resistance Welded and Electric Flash Welded Pipe, which is
incorporated by reference as specified in Sec.1910.6, or equal. Such
pipe shall be at least schedule 40 when joints are welded, or welded and
flanged. Such pipe shall be at least schedule 80 when joints are
threaded. Threaded connections shall not be back-welded. Brass, copper,
or galvanized steel pipe shall not be used.
(v) Tubing made of brass, copper, or other material subject to
attack by ammonia shall not be used.
(vi) Cast iron fittings shall not be used but this shall not
prohibit the use of fittings made specifically for ammonia service of
malleable, nodular, or high strength gray iron meeting American Society
for Testing and Materials (ASTM) A47-68, ASTM 395-68, or ASTM A126-66
Class B or C all of which are incorporated by reference as specified in
Sec.1910.6.
(vii) Joint compounds shall be resistant to ammonia.
(8) Hose specifications. (i) Hose used in ammonia service shall
conform to the joint Agricultural Ammonia Institute--Rubber
Manufacturers Association Specifications for Anhydrous Ammonia Hose.
(ii) Hose subject to container pressure shall be designed for a
minimum working pressure of 350 p.s.i.g. and a minimum burst pressure of
1,750 p.s.i.g. Hose assemblies, when made up, shall be capable of
withstanding a test pressure of 500 p.s.i.g.
(iii) Hose and hose connections located on the low-pressure side of
flow control of pressure-reducing valves shall be designed for a
bursting pressure of not less than 5 times the pressure setting of the
safety relief devices protecting that portion of the system but not less
than 125 p.s.i.g. All connections shall be so designed and constructed
that there will be no leakage when connected.
(iv) Where hose is to be used for transferring liquid from one
container to another, ``wet'' hose is recommended. Such hose shall be
equipped with approved shutoff valves at the discharge end. Provision
shall be made to prevent excessive pressure in the hose.
(v) On all hose one-half inch outside diameter and larger, used for
the transfer of anhydrous ammonia liquid or vapor, there shall be
etched, cast, or impressed at 5-foot intervals the following
information.
``Anhydrous Ammonia'' xxx p.s.i.g. (maximum working pressure),
manufacturer's name or trademark, year of manufacture.
In lieu of this requirement the same information may be contained on a
nameplate permanently attached to the hose.
Table H-36
[Minimum required rate of discharge in cubic feet per minute of air at
120 percent of the maximum permitted start to discharge pressure of
safety relief valves]
------------------------------------------------------------------------
Flow rate
Surface area (sq. ft.) CFM air
------------------------------------------------------------------------
20.......................................................... 258
25.......................................................... 310
30.......................................................... 360
35.......................................................... 408
40.......................................................... 455
45.......................................................... 501
50.......................................................... 547
55.......................................................... 591
60.......................................................... 635
65.......................................................... 678
70.......................................................... 720
75.......................................................... 762
80.......................................................... 804
85.......................................................... 845
90.......................................................... 885
95.......................................................... 925
100......................................................... 965
105......................................................... 1,010
110......................................................... 1,050
115......................................................... 1,090
120......................................................... 1,120
125......................................................... 1,160
130......................................................... 1,200
135......................................................... 1,240
140......................................................... 1,280
145......................................................... 1,310
[[Page 339]]
150......................................................... 1,350
155......................................................... 1,390
160......................................................... 1,420
165......................................................... 1,460
170......................................................... 1,500
175......................................................... 1,530
180......................................................... 1,570
185......................................................... 1,600
190......................................................... 1,640
195......................................................... 1,670
200......................................................... 1,710
210......................................................... 1,780
220......................................................... 1,850
230......................................................... 1,920
240......................................................... 1,980
250......................................................... 2,050
260......................................................... 2,120
270......................................................... 2,180
280......................................................... 2,250
290......................................................... 2,320
300......................................................... 2,380
310......................................................... 2,450
320......................................................... 2,510
330......................................................... 2,570
340......................................................... 2,640
350......................................................... 2,700
360......................................................... 2,760
370......................................................... 2,830
380......................................................... 2,890
390......................................................... 2,950
400......................................................... 3,010
450......................................................... 3,320
500......................................................... 3,620
550......................................................... 3,910
600......................................................... 4,200
650......................................................... 4,480
700......................................................... 4,760
750......................................................... 5,040
800......................................................... 5,300
850......................................................... 5,590
900......................................................... 5,850
950......................................................... 6,120
1,000....................................................... 6,380
1,050....................................................... 6,640
1,100....................................................... 6,900
1,150....................................................... 7,160
1,200....................................................... 7,410
1,250....................................................... 7,660
1,300....................................................... 7,910
1,350....................................................... 8,160
1,400....................................................... 8,410
1,450....................................................... 8,650
1,500....................................................... 8,900
1,550....................................................... 9,140
1,600....................................................... 9,380
1,650....................................................... 9,620
1,700....................................................... 9,860
1,750....................................................... 10,090
1,800....................................................... 10,330
1,850....................................................... 10,560
1,900....................................................... 10,800
1,950....................................................... 11,030
2,000....................................................... 11,260
2,050....................................................... 11,490
2,100....................................................... 11,720
2,150....................................................... 11,950
2,200....................................................... 12,180
2,250....................................................... 12,400
2,300....................................................... 12,630
2,350....................................................... 12,850
2,400....................................................... 13,080
2,450....................................................... 13,300
2,500....................................................... 13,520
------------------------------------------------------------------------
Surface Area = total outside surface area of container in square
feet. When the surface area is not stamped on the nameplate or when the
marking is not legible the area can be calculated by using one of the
following formulas:
(1) Cylindrical container with hemispherical heads:
Area = overall length in feet times outside diameter in feet times
3.1416.
(2) Cylindrical container with other than hemispherical heads:
Area = (overall length in feet plus 0.3 outside diameter in feet) times
outside diameter in feet times 3.1416.
(3) Spherical container:
Area = outside diameter in feet squared times 3.1416.
Flow Rate--CFM Air = cubic feet per minute of air required at
standard conditions, 60 [deg]F. and atmospheric pressure (14.7
p.s.i.a.).
The rate of discharge may be interpolated for intermediate values of
surface area. For containers with total outside surface area greater
than 2,500 square feet, the required flow rate can be calculated using
the formula: Flow Rate CFM Air = 22.11 A\0 82\, where A = outside
surface area of the container in square feet.
(9) Safety relief devices. (i) Every container used in systems
covered by paragraphs (c), (f), (g), and (h) of this section shall be
provided with one or more safety relief valves of the spring-loaded or
equivalent type. The discharge from safety-relief valves shall be vented
away from the container upward and unobstructed to the atmosphere. All
relief-valve discharge openings shall have suitable rain caps that will
allow free discharge of the vapor and prevent entrance of water.
Provision shall be made for draining condensate which may accumulate.
The rate of the discharge shall be in accordance with the provisions of
Table H-36.
[[Page 340]]
(ii) Container safety-relief valves shall be set to start-to-
discharge as follows, with relation to the design pressure of the
container:
------------------------------------------------------------------------
Minimum Maximum
Containers (percent) (percent)
------------------------------------------------------------------------
ASME-U-68, U-69................................. 110 125
ASME-U-200, U-201............................... 95 100
ASME 1959, 1956, 1952, or 1962.................. 95 100
API-ASME........................................ 95 100
U.S. Coast Guard................................ 95 100
------------------------------------------------------------------------
As required by DOT Regulations.
(iii) Safety relief devices used in systems covered by paragraphs
(c), (f), (g), and (h) of this section shall be constructed to discharge
at not less than the rates required in paragraph (b)(9)(i) of this
section before the pressure is in excess of 120 percent (not including
the 10 percent tolerance referred to in paragraph (b)(9)(ii) of this
section) of the maximum permitted start-to-discharge pressure setting of
the device.
(iv) Safety-relief valves shall be so arranged that the possibility
of tampering will be minimized. If the pressure setting adjustment is
external, the relief valves shall be provided with means for sealing the
adjustment.
(v) Shutoff valves shall not be installed between the safety-relief
valves and the container; except, that a shutoff valve may be used where
the arrangement of this valve is such as always to afford full required
capacity flow through the relief valves.
(vi) Safety-relief valves shall have direct communication with the
vapor space of the container.
(vii) Each container safety-relief valve used with systems covered
by paragraphs (c), (f), (g), and (h) of this section shall be plainly
and permanently marked with the symbol ``NH3'' or ``AA'';
with the pressure in pounds-per-square-inch gage at which the valve is
set to start-to-discharge; with the actual rate of discharge of the
valve at its full open position in cubic feet per minute of air at 60
[deg]F. and atmospheric pressure; and with the manufacturer's name and
catalog number. Example: ``NH3 250-4050 Air'' indicates that
the valve is suitable for use on an anhydrous ammonia container, is set
to start-to-discharge at a pressure of 250 p.s.i.g., and that its rate
of discharge at full open position (subdivisions (ii) and (iii) of this
subparagraph) is 4,050 cubic feet per minute of air.
(viii) The flow capacity of the relief valve shall not be restricted
by any connection to it on either the upstream or downstream side.
(ix) A hydrostatic relief valve shall be installed between each pair
of valves in the liquid ammonia piping or hose where liquid may be
trapped so as to relieve into the atmosphere at a safe location.
(10) General.
(i) [Reserved]
(ii) Stationary storage installations must have at least two
suitable gas masks in readily-accessible locations. Full-face masks with
ammonia canisters that have been approved by NIOSH under 42 CFR part 84
are suitable for emergency action involving most anhydrous ammonia
leaks, particularly leaks that occur outdoors. For respiratory
protection in concentrated ammonia atmospheres, a self-contained
breathing apparatus is required.
(iii) Stationary storage installations shall have an easily
accessible shower or a 50-gallon drum of water.
(iv) Each vehicle transporting ammonia in bulk except farm
applicator vehicles shall carry a container of at least 5 gallons of
water and shall be equipped with a full face mask.
(11) Charging of containers. (i) The filling densities for
containers that are not refrigerated shall not exceed the following:
------------------------------------------------------------------------
Percent by Percent by
Type of container weight volume
------------------------------------------------------------------------
Aboveground-Uninsulated......................... 56 82
Aboveground-Uninsulated......................... .......... 87.5
Aboveground-Insulated........................... 57 83.5
Underground-Uninsulated......................... 58 85
DOT--In accord with DOT regulations.............
------------------------------------------------------------------------
(ii) Aboveground uninsulated containers may be charged 87.5 percent
by volume provided the temperature of the anhydrous ammonia being
charged is determined to be not lower than 30 [deg]F. or provided the
charging of the container is stopped at the first indication of frost or
ice formation on its outside surface and is not resumed until such frost
or ice has disappeared.
[[Page 341]]
(12) Transfer of liquids. (i) Anhydrous ammonia shall always be at a
temperature suitable for the material of construction and the design of
the receiving container.
(ii) The employer shall require the continuous presence of an
attendant in the vicinity of the operation during such time as ammonia
is being transferred.
(iii) Containers shall be charged or used only upon authorization of
the owner.
(iv) Containers shall be gaged and charged only in the open
atmosphere or in buildings or areas thereof provided for that purpose.
(v) Pumps used for transferring ammonia shall be those manufactured
for that purpose.
(a) Pumps shall be designed for at least 250 p.s.i.g. working
pressure.
(b) Positive displacement pumps shall have, installed off the
discharged port, a constant differential relief valve discharging into
the suction port of the pump through a line of sufficient size to carry
the full capacity of the pump at relief valve setting, which setting and
installation shall be according to the pump manufacturer's
recommendations.
(c) On the discharge side of the pump, before the relief valve line,
there shall be installed a pressure gage graduated from 0 to 400 p.s.i.
(d) Plant piping shall contain shutoff valves located as close as
practical to pump connections.
(vi) Compressors used for transferring or refrigerating ammonia
shall be recommended for ammonia service by the manufacturer.
(a) Compressors shall be designed for at least 250 p.s.i.g. working
pressure.
(b) Plant piping shall contain shutoff valves located as close as
practical to compressor connections.
(c) A relief valve large enough to discharge the full capacity of
the compressor shall be connected to the discharge before any shutoff
valve.
(d) Compressors shall have pressure gages at suction and discharge
graduated to at least one and one-half times the maximum pressure that
can be developed.
(e) Adequate means, such as drainable liquid trap, shall be provided
on the compressor suction to minimize the entry of liquid into the
compressor.
(vii) Loading and unloading systems shall be protected by suitable
devices to prevent emptying of the storage container or the container
being loaded or unloaded in the event of severance of the hose. Backflow
check valves or properly sized excess flow valves shall be installed
where necessary to provide such protection. In the event that such
valves are not practical, remotely operated shutoff valves may be
installed.
(13) Tank car unloading points and operations. (i) Provisions for
unloading tank cars shall conform to the applicable recommendations
contained in the DOT regulations.
(ii) The employer shall insure that unloading operations are
performed by reliable persons properly instructed and given the
authority to monitor careful compliance with all applicable procedures.
(iii) Caution signs shall be so placed on the track or car as to
give necessary warning to persons approaching the car from open end or
ends of siding and shall be left up until after the car is unloaded and
disconnected from discharge connections. Signs shall be of metal or
other suitable material, at least 12 by 15 inches in size and bear the
words ``STOP--Tank Car Connected'' or ``STOP--Men at Work'' the word,
``STOP,'' being in letters at least 4 inches high and the other words in
letters at least 2 inches high.
(iv) The track of a tank car siding shall be substantially level.
(v) Brakes shall be set and wheels blocked on all cars being
unloaded.
(14) Liquid-level gaging device. (i) Each container except those
filled by weight shall be equipped with an approved liquid-level gaging
device. A thermometer well shall be provided in all containers not
utilizing a fixed liquid-level gaging device.
(ii) All gaging devices shall be arranged so that the maximum liquid
level to which the container is filled is readily determined.
(iii) Gaging devices that require bleeding of the product to the
atmosphere such as the rotary tube, fixed tube, and slip tube devices
shall be designed so that the maximum opening of the bleed valve is not
larger than No.
[[Page 342]]
54 drill size unless provided with an excess flow valve. (This
requirement does not apply to farm vehicles used for the application of
ammonia as covered in paragraph (h) of this section.)
(iv) Gaging devices shall have a design pressure equal to or greater
than the design pressure of the container on which they are installed.
(v) Fixed tube liquid-level gages shall be designed and installed to
indicate that level at which the container is filled to 85 percent of
its water capacity in gallons.
(vi) Gage glasses of the columnar type shall be restricted to
stationary storage installations. They shall be equipped with shutoff
valves having metallic handwheels, with excess-flow valves, and with
extra heavy glass adequately protected with a metal housing applied by
the gage manufacturer. They shall be shielded against the direct rays of
the sun.
(15) [Reserved]
(16) Electrical equipment and wiring. (i) Electrical equipment and
wiring for use in ammonia installations shall be general purpose or
weather resistant as appropriate.
(ii) Electrical systems shall be installed and maintained in
accordance with subpart S of this part.
(c) Systems utilizing stationary, nonrefrigerated storage
containers. This paragraph applies to stationary, nonrefrigerated
storage installations utilizing containers other than those covered in
paragraph (e) of this section. Paragraph (b) of this section applies to
this paragraph unless otherwise noted.
(1) Design pressure and construction of containers. The minimum
design pressure for nonrefrigerated containers shall be 250 p.s.i.g.
(2) Container valves and accessories, filling and discharge
connections. (i) Each filling connection shall be provided with
combination back-pressure check valve and excess-flow valve; one double
or two single back-pressure check valves; or a positive shutoff valve in
conjunction with either an internal back-pressure check valve or an
internal excess flow valve.
(ii) All liquid and vapor connections to containers except filling
pipes, safety relief connections, and liquid-level gaging and pressure
gage connections provided with orifices not larger than No. 54 drill
size as required in paragraphs (b)(6) (iv) and (v) of this section shall
be equipped with excess-flow valves.
(iii) Each storage container shall be provided with a pressure gage
graduated from 0 to 400 p.s.i. Gages shall be designated for use in
ammonia service.
(iv) All containers shall be equipped with vapor return valves.
(3) Safety-relief devices. (i) Every container shall be provided
with one or more safety-relief valves of the spring-loaded or equivalent
type in accordance with paragraph (b)(9) of this section.
(ii) The rate of discharge of spring-loaded safety relief valves
installed on underground containers may be reduced to a minimum of 30
percent of the rate of discharge specified in Table H-36. Containers so
protected shall not be uncovered after installation until the liquid
ammonia has been removed. Containers which may contain liquid ammonia
before being installed underground and before being completely covered
with earth are to be considered aboveground containers when determining
the rate of discharge requirements of the safety-relief valves.
(iii) On underground installations where there is a probability of
the manhole or housing becoming flooded, the discharge from vent lines
shall be located above the high water level. All manholes or housings
shall be provided with ventilated louvers or their equivalent, the area
of such openings equalling or exceeding combined discharge areas of
safety-relief valves and vent lines which discharge their content into
the manhole housing.
(iv) Vent pipes, when used, shall not be restricted or of smaller
diameter than the relief-valve outlet connection.
(v) If desired, vent pipes from two or more safety-relief devices
located on the same unit, or similar lines from two or more different
units may be run into a common discharge header, provided the capacity
of such header is at least equal to the sum of the capacities of the
individual discharge lines.
(4) Reinstallation of containers. (i) Containers once installed
under ground shall not later be reinstalled above ground or under
ground, unless they
[[Page 343]]
successfully withstand hydrostatic pressure retests at the pressure
specified for the original hydrostatic test as required by the code
under which constructed and show no evidence of serious corrosion.
(ii) Where containers are reinstalled above ground, safety devices
or gaging devices shall comply with paragraph (b)(9) of this section and
this paragraph respectively for aboveground containers.
(5) Installation of storage containers. (i) Containers installed
above ground, except as provided in paragraph (c)(5)(v) of this section
shall be provided with substantial concrete or masonry supports, or
structural steel supports on firm concrete or masonry foundations. All
foundations shall extend below the frost line.
(ii) Horizontal aboveground containers shall be so mounted on
foundations as to permit expansion and contraction. Every container
shall be supported to prevent the concentration of excessive loads on
the supporting portion of the shell. That portion of the container in
contact with foundations or saddles shall be protected against
corrosion.
(iii) Containers installed under ground shall be so placed that the
top of the container is below the frost line and in no case less than 2
feet below the surface of the ground. Should ground conditions make
compliance with these requirements impracticable, installation shall be
made otherwise to prevent physical damage. It will not be necessary to
cover the portion of the container to which manhole and other
connections are affixed. When necessary to prevent floating, containers
shall be securely anchored or weighted.
(iv) Underground containers shall be set on a firm foundation (firm
earth may be used) and surrounded with earth or sand well tamped in
place. The container, prior to being placed under ground, shall be given
a corrosion resisting protective coating. The container thus coated
shall be so lowered into place as to prevent abrasion or other damage to
the coating.
(v) Containers with foundations attached (portable or semiportable
tank containers with suitable steel ``runners'' or ``skids'' and
commonly known in the industry as ``skid tanks'') shall be designed and
constructed in accordance with paragraph (c)(1) of this section.
(vi) Secure anchorage or adequate pier height shall be provided
against container flotation wherever sufficiently high flood water might
occur.
(vii) The distance between underground containers of over 2,000
gallons capacity shall be at least 5 feet.
(6) Protection of appurtenances. (i) Valves, regulating, gaging, and
other appurtenances shall be protected against tampering and physical
damage. Such appurtenances shall also be protected during transit of
containers.
(ii) All connections to underground containers shall be located
within a dome, housing, or manhole and with access thereto by means of a
substantial cover.
(7) Damage from vehicles. Precaution shall be taken against damage
to ammonia systems from vehicles.
(d) Refrigerated storage systems. This paragraph applies to systems
utilizing containers with the storage of anhydrous ammonia under
refrigerated conditions. All applicable rules of paragraph (b) of this
section apply to this paragraph unless otherwise noted.
(1) Design of containers. (i) The design temperature shall be the
minimum temperature to which the container will be refrigerated.
(ii) Containers with a design pressure exceeding 15 p.s.i.g. shall
be constructed in accordance with paragraph (b)(2) of this section, and
the materials shall be selected from those listed in API Standard 620,
Recommended Rules for Design and Construction of Large, Welded, Low-
Pressure Storage Tanks, Fourth Edition, 1970, Tables 2.02, R2.2,
R2.2(A), R2.2.1, or R2.3 which are incorporated by reference as
specified in Sec.1910.6.
(iii) Containers with a design pressure of 15 p.s.i.g. and less
shall be constructed in accordance with the applicable requirements of
API Standard 620 including its appendix R.
(iv) When austenitic steels or nonferrous materials are used, the
Code shall be used as a guide in the selection of materials for use at
the design temperature.
[[Page 344]]
(v) The filling density for refrigerated storage containers shall be
such that the container will not be liquid full at a liquid temperature
corresponding to the vapor pressure at the start-to-discharge pressure
setting of the safety-relief valve.
(2) Installation of refrigerated storage containers. (i) Containers
shall be supported on suitable noncombustible foundations designed to
accommodate the type of container being used.
(ii) Adequate protection against flotation or other water damage
shall be provided wherever high flood water might occur.
(iii) Containers for product storage at less than 32 [deg]F. shall
be supported in such a way, or heat shall be supplied, to prevent the
effects of freezing and consequent frost heaving.
(3) Shutoff valves. When operating conditions make it advisable, a
check valve shall be installed on the fill connection and a remotely
operated shutoff valve on other connections located below the maximum
liquid level.
(4) Safety relief devices. (i) Safety relief valves shall be set to
start-to-discharge at a pressure not in excess of the design pressure of
the container and shall have a total relieving capacity sufficient to
prevent a maximum pressure in the container of more than 120 percent of
the design pressure. Relief valves for refrigerated storage containers
shall be self-contained spring-loaded, weight-loaded, or self-contained
pilot-operated type.
(ii) The total relieving capacity shall be the larger of:
(a) Possible refrigeration system upset such as (1) cooling water
failure, (2) power failure, (3) instrument air or instrument failure,
(4) mechanical failure of any equipment, (5) excessive pumping rates.
(b) Fire exposure determined in accordance with Compressed Gas
Association (CGA) S-1, part 3, Safety Relief Device Standards for
Compressed Gas Storage Containers, 1959, which is incorporated by
reference as specified in Sec.1910.6, except that ``A'' shall be the
total exposed surface area in square feet up to 25 foot above grade or
to the equator of the storage container if it is a sphere, whichever is
greater. If the relieving capacity required for fire exposure is greater
than that required by (a) of this subdivision, the additional capacity
may be provided by weak roof to shell seams in containers operating at
essentially atmospheric pressure and having an inherently weak roof-to-
shell seam. The weak roof-to-shell seam is not to be considered as
providing any of the capacity required in (a) of this subdivision.
(iii) If vent lines are installed to conduct the vapors from the
relief valve, the back pressure under full relieving conditions shall
not exceed 50 percent of the start-to-discharge pressure for pressure
balanced valves or 10 percent of the start-to-discharge pressure for
conventional valves. The vent lines shall be installed to prevent
accumulation of liquid in the lines.
(iv) The valve or valve installation shall provide weather
protection.
(v) Atmospheric storage shall be provided with vacuum breakers.
Ammonia gas, nitrogen, methane, or other inert gases can be used to
provide a pad.
(5) Protection of container appurtenances. Appurtenances shall be
protected against tampering and physical damage.
(6) Reinstallation of refrigerated storage containers. Containers of
such size as to require field fabrication shall, when moved and
reinstalled, be reconstructed and reinspected in complete accordance
with the requirements under which they were constructed. The containers
shall be subjected to a pressure retest and if rerating is necessary,
rerating shall be in accordance with applicable requirements.
(7) Damage from vehicles. Precaution shall be taken against damage
from vehicles.
(8) Refrigeration load and equipment. (i) The total refrigeration
load shall be computed as the sum of the following:
(a) Load imposed by heat flow into the container caused by the
temperature differential between design ambient temperature and storage
temperature.
(b) Load imposed by heat flow into the container caused by maximum
sun radiation.
(c) Maximum load imposed by filling the container with ammonia
warmer than the design storage temperature.
[[Page 345]]
(ii) More than one storage container may be handled by the same
refrigeration system.
(9) Compressors. (i) A minimum of two compressors shall be provided
either of which shall be of sufficient size to handle the loads listed
in paragraphs (d)(8)(i) (a) and (b) of this section. Where more than two
compressors are provided minimum standby equipment equal to the largest
normally operating equipment shall be installed. Filling compressors may
be used as standby equipment for holding compressors.
(ii) Compressors shall be sized to operate with a suction pressure
at least 10 percent below the minimum setting of the safety valve(s) on
the storage container and shall withstand a suction pressure at least
equal to 120 percent of the design pressure of the container.
(10) Compressor drives. (i) Each compressor shall have its
individual driving unit.
(ii) An emergency source of power of sufficient capacity to handle
the loads listed in paragraphs (d)(8)(i) (a) and (b) of this section
shall be provided unless facilities are available to safely dispose of
vented vapors while the refrigeration system is not operating.
(11) Automatic control equipment. (i) The refrigeration system shall
be arranged with suitable controls to govern the compressor operation in
accordance with the load as evidenced by the pressure in the
container(s).
(ii) An emergency alarm system shall be installed to function in the
event the pressure in the container(s) rises to the maximum allowable
operating pressure.
(iii) An emergency alarm and shutoff shall be located in the
condenser system to respond to excess discharge pressure caused by
failure of the cooling medium.
(iv) All automatic controls shall be installed in a manner to
preclude operation of alternate compressors unless the controls will
function with the alternate compressors.
(12) Separators for compressors. (i) An entrainment separator of
suitable size and design pressure shall be installed in the compressor
suction line of lubricated compression. The separator shall be equipped
with a drain and gaging device.
(ii) [Reserved]
(13) Condensers. The condenser system may be cooled by air or water
or both. The condenser shall be designed for at least 250 p.s.i.g.
Provision shall be made for purging noncondensibles either manually or
automatically.
(14) Receiver and liquid drain. A receiver shall be provided with a
liquid-level control to discharge the liquid ammonia to storage. The
receiver shall be designed for at least 250 p.s.i.g. and be equipped
with the necessary connections, safety valves, and gaging device.
(15) Insulation. Refrigerated containers and pipelines which are
insulated shall be covered with a material of suitable quality and
thickness for the temperatures encountered. Insulation shall be suitably
supported and protected against the weather. Weatherproofing shall be of
a type which will not support flame propagation.
(e) Systems utilizing portable DOT containers--(1) Conformance.
Cylinders shall comply with DOT specifications and shall be maintained,
filled, packaged, marked, labeled, and shipped to comply with 49 CFR
chapter I and the marking requirements set forth in Sec.
1910.253(b)(1)(ii).
(2) Storage. Cylinders shall be stored in an area free from
ignitable debris and in such manner as to prevent external corrosion.
Storage may be indoors or outdoors.
(3) Heat protection. Cylinders filled in accordance with DOT
regulations will become liquid full at 145 [deg]F. Cylinders shall be
protected from heat sources such as radiant flame and steampipes. Heat
shall not be applied directly to cylinders to raise the pressure.
(4) Protection. Cylinders shall be stored in such manner as to
protect them from moving vehicles or external damage.
(5) Valve cap. Any cylinder which is designed to have a valve
protection cap shall have the cap securely in place when the cylinder is
not in service.
(f) Tank motor vehicles for the transportation of ammonia. (1) This
paragraph applies to containers and pertinent equipment mounted on tank
motor vehicles including semitrailers and full trailers used for the
transportation of
[[Page 346]]
ammonia. This paragraph does not apply to farm vehicles. For
requirements covering farm vehicles, refer to paragraphs (g) and (h) of
this section.
Paragraph (b) of this section applies to this paragraph unless otherwise
noted. Containers and pertinent equipment for tank motor vehicles for
the transportation of anhydrous ammonia, in addition to complying with
the requirements of this section, shall also comply with the
requirements of DOT.
(2) Design pressure and construction of containers. (i) The minimum
design pressure for containers shall be that specified in the
regulations of the DOT.
(ii) The shell or head thickness of any container shall not be less
than three-sixteenth inch.
(iii) All container openings, except safety relief valves, liquid-
level gaging devices, and pressure gages, shall be labeled to designate
whether they communicate with liquid or vapor space.
(3) Container appurtenances. (i) All appurtenances shall be
protected against physical damage.
(ii) All connections to containers, except filling connections,
safety relief devices, and liquid-level and pressure gage connections,
shall be provided with suitable automatic excess flow valves, or in lieu
thereof, may be fitted with quick-closing internal valves, which shall
remain closed except during delivery operations. The control mechanism
for such valves may be provided with a secondary control remote from the
delivery connections and such control mechanism shall be provided with a
fusible section (melting point 208 [deg]F. to 220 [deg]F.) which will
permit the internal valve to close automatically in case of fire.
(iii) Filling connections shall be provided with automatic back-
pressure check valves, excess-flow valves, or quick-closing internal
valves, to prevent back-flow in case the filling connection is broken.
Where the filling and discharge connect to a common opening in the
container shell and that opening is fitted with a quick-closing internal
valve as specified in paragraph (f)(3)(ii) of this section, the
automatic valve shall not be required.
(iv) All containers shall be equipped for spray loading (filling in
the vapor space) or with an approved vapor return valve of adequate
capacity.
(4) Piping and fittings. (i) All piping, tubing, and fittings shall
be securely mounted and protected against damage. Means shall be
provided to protect hoses while the vehicle is in motion.
(ii) Fittings shall comply with paragraph (b)(6) of this section.
Pipe shall be Schedule 80.
(5) Safety relief devices. (i) The discharge from safety relief
valves shall be vented away from the container upward and unobstructed
to the open air in such a manner as to prevent any impingement of
escaping gas upon the container; loose-fitting rain caps shall be used.
Size of discharge lines from safety valves shall not be smaller than the
nominal size of the safety-relief valve outlet connection. Suitable
provision shall be made for draining condensate which may accumulate in
the discharge pipe.
(ii) Any portion of liquid ammonia piping which at any time may be
closed at both ends shall be provided with a hydrostatic relief valve.
(6) Transfer of liquids. (i) The content of tank motor vehicle
containers shall be determined by weight, by a suitable liquid-level
gaging device, or other approved methods. If the content of a container
is to be determined by liquid-level measurement, the container shall
have a thermometer well so that the internal liquid temperature can be
easily determined. This volume when converted to weight shall not exceed
the filling density specified by the DOT.
(ii) Any pump, except a constant speed centrifugal pump, shall be
equipped with a suitable pressure actuated bypass valve permitting flow
from discharge to suction when the discharge pressure rises above a
predetermined point. Pump discharge shall also be equipped with a
spring-loaded safety relief valve set at a pressure not more than 135
percent of the setting of the bypass valve or more than 400 p.s.i.g.,
whichever is larger.
(iii) Compressors shall be equipped with manually operated shutoff
valves on both suction and discharge connections. Pressure gages of
bourdon-tube type shall be installed on the suction and discharge of the
compressor before
[[Page 347]]
the shutoff valves. The compressor shall not be operated if either
pressure gage is removed or is inoperative. A spring-loaded, safety-
relief valve capable of discharging to atmosphere the full flow of gas
from the compressor at a pressure not exceeding 300 p.s.i.g. shall be
connected between the compressor discharge and the discharge shutoff
valve.
(iv) Valve functions shall be clearly and legibly identified by
metal tags or nameplates permanently affixed to each valve.
(7)-(8) [Reserved]
(9) Chock blocks. At least two chock blocks shall be provided. These
blocks shall be placed to prevent rolling of the vehicle whenever it is
parked during loading and unloading operations.
(10) Portable tank containers (skid tanks). Where portable tank
containers are used for farm storage they shall comply with paragraph
(c)(1) of this section. When portable tank containers are used in lieu
of cargo tanks and are permanently mounted on tank motor vehicles for
the transportation of ammonia, they shall comply with the requirements
of this paragraph.
(g) Systems mounted on farm vehicles other than for the application
of ammonia--(1) Application. This paragraph applies to containers of
1,200 gallons capacity or less and pertinent equipment mounted on farm
vehicles (implements of husbandry) and used other than for the
application of ammonia to the soil. Paragraph (b) of this section
applies to this paragraph unless otherwise noted.
(2) Design pressure and classification of containers. (i) The
minimum design pressure for containers shall be 250 p.s.i.g.
(ii) The shell or head thickness of any container shall be not less
than three-sixteenths of an inch.
(3) Mounting containers. (i) A suitable ``stop'' or ``stops'' shall
be mounted on the vehicle or on the container in such a way that the
container shall not be dislodged from its mounting due to the vehicle
coming to a sudden stop. Back slippage shall also be prevented by proper
methods.
(ii) A suitable ``hold down'' device shall be provided which will
anchor the container to the vehicle at one or more places on each side
of the container.
(iii) When containers are mounted on four-wheel trailers, care shall
be taken to insure that the weight is distributed evenly over both
axles.
(iv) When the cradle and the tank are not welded together suitable
material shall be used between them to eliminate metal-to-metal
friction.
(4) Container appurtenances. (i) All containers shall be equipped
with a fixed liquid-level gage.
(ii) All containers with a capacity exceeding 250 gallons shall be
equipped with a pressure gage having a dial graduated from 0-400 p.s.i.
(iii) The filling connection shall be fitted with combination back-
pressure check valve and excess-flow valve; one double or two single
back-pressure check valves; or a positive shutoff valve in conjunction
with either an internal back-pressure check valve or an internal excess
flow valve.
(iv) All containers with a capacity exceeding 250 gallons shall be
equipped for spray loading or with an approved vapor return valve.
(v) All vapor and liquid connections except safety-relief valves and
those specifically exempted by paragraph (b)(6)(v) of this section shall
be equipped with approved excess-flow valves or may be fitted with
quick-closing internal valves which, except during operating periods,
shall remain closed.
(vi) Fittings shall be adequately protected from damage by a metal
box or cylinder with open top securely fastened to the container or by
rigid guards, well braced, welded to the container on both sides of the
fittings or by a metal dome. If a metal dome is used, the relief valve
shall be properly vented through the dome.
(vii) If a liquid withdrawal line is installed in the bottom of a
container, the connections thereto, including hose, shall not be lower
than the lowest horizontal edge of the vehicle axle.
(viii) Provision shall be made to secure both ends of the hose while
in transit.
(5) Marking the container. There shall appear on each side and on
the rear end of the container in letters at least 4 inches high, the
words, ``Caution--Ammonia'' or the container shall be
[[Page 348]]
marked in accordance with DOT regulations.
(6) Farm vehicles. (i) Farm vehicles shall conform with State
regulations.
(ii) All trailers shall be securely attached to the vehicle drawing
them by means of drawbars supplemented by suitable safety chains.
(iii) A trailer shall be constructed so that it will follow
substantially in the path of the towing vehicle and will not whip or
swerve dangerously from side to side.
(iv) All vehicles shall carry a can containing 5 gallons or more of
water.
(h) Systems mounted on farm vehicles for the application of ammonia.
(1) This paragraph applies to systems utilizing containers of 250
gallons capacity or less which are mounted on farm vehicles (implement
of husbandry) and used for the application of ammonia to the soil.
Paragraph (b) of this section applies to this paragraph unless otherwise
noted. Where larger containers are used, they shall comply with
paragraph (g) of this section.
(2) Design pressure and classification of containers. (i) The
minimum design pressure for containers shall be 250 p.s.i.g.
(ii) The shell or head thickness of any container shall not be less
than three-sixteenths inch.
(3) Mounting of containers. All containers and flow-control devices
shall be securely mounted.
(4) Container valves and accessories. (i) Each container shall have
a fixed liquid-level gage.
(ii) The filling connection shall be fitted with a combination back-
pressure check valve and an excess-flow valve; one double or two single
back-pressure check valves: or a positive shutoff valve in conjunction
with an internal back-pressure check valve or an internal excess-flow
valve.
(iii) The applicator tank may be filled by venting to open air
provided the bleeder valve orifice does not exceed seven-sixteenths inch
in diameter.
(iv) Regulation equipment may be connected directly to the tank
coupling or flange, in which case a flexible connection shall be used
between such regulating equipment and the remainder of the liquid
withdrawal system. Regulating equipment not so installed shall be
flexibly connected to the container shutoff valve.
(v) No excess flow valve is required in the liquid withdrawal line
provided the controlling orifice between the contents of the container
and the outlet of the shutoff valve does not exceed seven-sixteenths
inch in diameter.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49748, Oct. 24, 1978;
49 FR 5322, Feb. 10, 1984; 53 FR 12122, Apr. 12, 1988; 61 FR 9238, Mar.
7, 1996; 63 FR 1269, Jan. 8, 1998; 63 FR 33466, June 18, 1998; 72 FR
71069, Dec. 14, 2007]
Sec. Sec.1910.112-1910.113 [Reserved]
Sec.1910.119 Process safety management of highly hazardous chemicals.
Purpose. This section contains requirements for preventing or
minimizing the consequences of catastrophic releases of toxic, reactive,
flammable, or explosive chemicals. These releases may result in toxic,
fire or explosion hazards.
(a) Application. (1) This section applies to the following:
(i) A process which involves a chemical at or above the specified
threshold quantities listed in appendix A to this section;
(ii) A process which involves a Category 1 flammable gas (as defined
in 1910.1200(c)) or a flammable liquid with a flashpoint below 100
[deg]F (37.8 [deg]C) on site in one location, in a quantity of 10,000
pounds (4535.9 kg) or more except for:
(A) Hydrocarbon fuels used solely for workplace consumption as a
fuel (e.g., propane used for comfort heating, gasoline for vehicle
refueling), if such fuels are not a part of a process containing another
highly hazardous chemical covered by this standard;
(B) Flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C) stored in atmospheric tanks or transferred which are kept below
their normal boiling point without benefit of chilling or refrigeration.
(2) This section does not apply to:
(i) Retail facilities;
(ii) Oil or gas well drilling or servicing operations; or,
(iii) Normally unoccupied remote facilities.
(b) Definitions. Atmospheric tank means a storage tank which has
been designed to operate at pressures from
[[Page 349]]
atmospheric through 0.5 p.s.i.g. (pounds per square inch gauge, 3.45
Kpa).
Boiling point means the boiling point of a liquid at a pressure of
14.7 pounds per square inch absolute (p.s.i.a.) (760 mm.). For the
purposes of this section, where an accurate boiling point is unavailable
for the material in question, or for mixtures which do not have a
constant boiling point, 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.
Catastrophic release means a major uncontrolled emission, fire, or
explosion, involving one or more highly hazardous chemicals, that
presents serious danger to employees in the workplace.
Facility means the buildings, containers or equipment which contain
a process.
Highly hazardous chemical means a substance possessing toxic,
reactive, flammable, or explosive properties and specified by paragraph
(a)(1) of this section.
Hot work means work involving electric or gas welding, cutting,
brazing, or similar flame or spark-producing operations.
Normally unoccupied remote facility means a facility which is
operated, maintained or serviced by employees who visit the facility
only periodically to check its operation and to perform necessary
operating or maintenance tasks. No employees are permanently stationed
at the facility.
Facilities meeting this definition are not contiguous with, and must
be geographically remote from all other buildings, processes or persons.
Process means any activity involving a highly hazardous chemical
including any use, storage, manufacturing, handling, or the on-site
movement of such chemicals, or combination of these activities. For
purposes of this definition, any group of vessels which are
interconnected and separate vessels which are located such that a highly
hazardous chemical could be involved in a potential release shall be
considered a single process.
Replacement in kind means a replacement which satisfies the design
specification.
Trade secret means any confidential formula, pattern, process,
device, information or compilation of information that is used in an
employer's business, and that gives the employer an opportunity to
obtain an advantage over competitors who do not know or use it. See
Appendix E to Sec.1910.1200--Definition of a Trade Secret (which sets
out the criteria to be used in evaluating trade secrets).
(c) Employee participation. (1) Employers shall develop a written
plan of action regarding the implementation of the employee
participation required by this paragraph.
(2) Employers shall consult with employees and their representatives
on the conduct and development of process hazards analyses and on the
development of the other elements of process safety management in this
standard.
(3) Employers shall provide to employees and their representatives
access to process hazard analyses and to all other information required
to be developed under this standard.
(d) Process safety information. In accordance with the schedule set
forth in paragraph (e)(1) of this section, the employer shall complete a
compilation of written process safety information before conducting any
process hazard analysis required by the standard. The compilation of
written process safety information is to enable the employer and the
employees involved in operating the process to identify and understand
the hazards posed by those processes involving highly hazardous
chemicals. This process safety information shall include information
pertaining to the hazards of the highly hazardous chemicals used or
produced by the process, information pertaining to the technology of the
process, and information pertaining to the equipment in the process.
(1) Information pertaining to the hazards of the highly hazardous
chemicals in the process. This information shall consist of at least the
following:
(i) Toxicity information;
(ii) Permissible exposure limits;
(iii) Physical data;
[[Page 350]]
(iv) Reactivity data:
(v) Corrosivity data;
(vi) Thermal and chemical stability data; and
(vii) Hazardous effects of inadvertent mixing of different materials
that could foreseeably occur.
Note: Safety data sheets meeting the requirements of 29 CFR
1910.1200(g) may be used to comply with this requirement to the extent
they contain the information required by this subparagraph.
(2) Information pertaining to the technology of the process. (i)
Information concerning the technology of the process shall include at
least the following:
(A) A block flow diagram or simplified process flow diagram (see
appendix B to this section);
(B) Process chemistry;
(C) Maximum intended inventory;
(D) Safe upper and lower limits for such items as temperatures,
pressures, flows or compositions; and,
(E) An evaluation of the consequences of deviations, including those
affecting the safety and health of employees.
(ii) Where the original technical information no longer exists, such
information may be developed in conjunction with the process hazard
analysis in sufficient detail to support the analysis.
(3) Information pertaining to the equipment in the process. (i)
Information pertaining to the equipment in the process shall include:
(A) Materials of construction;
(B) Piping and instrument diagrams (P&ID's);
(C) Electrical classification;
(D) Relief system design and design basis;
(E) Ventilation system design;
(F) Design codes and standards employed;
(G) Material and energy balances for processes built after May 26,
1992; and,
(H) Safety systems (e.g. interlocks, detection or suppression
systems).
(ii) The employer shall document that equipment complies with
recognized and generally accepted good engineering practices.
(iii) For existing equipment designed and constructed in accordance
with codes, standards, or practices that are no longer in general use,
the employer shall determine and document that the equipment is
designed, maintained, inspected, tested, and operating in a safe manner.
(e) Process hazard analysis. (1) The employer shall perform an
initial process hazard analysis (hazard evaluation) on processes covered
by this standard. The process hazard analysis shall be appropriate to
the complexity of the process and shall identify, evaluate, and control
the hazards involved in the process. Employers shall determine and
document the priority order for conducting process hazard analyses based
on a rationale which includes such considerations as extent of the
process hazards, number of potentially affected employees, age of the
process, and operating history of the process. The process hazard
analysis shall be conducted as soon as possible, but not later than the
following schedule:
(i) No less than 25 percent of the initial process hazards analyses
shall be completed by May 26, 1994;
(ii) No less than 50 percent of the initial process hazards analyses
shall be completed by May 26, 1995;
(iii) No less than 75 percent of the initial process hazards
analyses shall be completed by May 26, 1996;
(iv) All initial process hazards analyses shall be completed by May
26, 1997.
(v) Process hazards analyses completed after May 26, 1987 which meet
the requirements of this paragraph are acceptable as initial process
hazards analyses. These process hazard analyses shall be updated and
revalidated, based on their completion date, in accordance with
paragraph (e)(6) of this section.
(2) The employer shall use one or more of the following
methodologies that are appropriate to determine and evaluate the hazards
of the process being analyzed.
(i) What-If;
(ii) Checklist;
(iii) What-If/Checklist;
(iv) Hazard and Operability Study (HAZOP):
(v) Failure Mode and Effects Analysis (FMEA);
(vi) Fault Tree Analysis; or
(vii) An appropriate equivalent methodology.
[[Page 351]]
(3) The process hazard analysis shall address:
(i) The hazards of the process;
(ii) The identification of any previous incident which had a likely
potential for catastrophic consequences in the workplace;
(iii) Engineering and administrative controls applicable to the
hazards and their interrelationships such as appropriate application of
detection methodologies to provide early warning of releases.
(Acceptable detection methods might include process monitoring and
control instrumentation with alarms, and detection hardware such as
hydrocarbon sensors.);
(iv) Consequences of failure of engineering and administrative
controls;
(v) Facility siting;
(vi) Human factors; and
(vii) A qualitative evaluation of a range of the possible safety and
health effects of failure of controls on employees in the workplace.
(4) The process hazard analysis shall be performed by a team with
expertise in engineering and process operations, and the team shall
include at least one employee who has experience and knowledge specific
to the process being evaluated. Also, one member of the team must be
knowledgeable in the specific process hazard analysis methodology being
used.
(5) The employer shall establish a system to promptly address the
team's findings and recommendations; assure that the recommendations are
resolved in a timely manner and that the resolution is documented;
document what actions are to be taken; complete actions as soon as
possible; develop a written schedule of when these actions are to be
completed; communicate the actions to operating, maintenance and other
employees whose work assignments are in the process and who may be
affected by the recommendations or actions.
(6) At least every five (5) years after the completion of the
initial process hazard analysis, the process hazard analysis shall be
updated and revalidated by a team meeting the requirements in paragraph
(e)(4) of this section, to assure that the process hazard analysis is
consistent with the current process.
(7) Employers shall retain process hazards analyses and updates or
revalidations for each process covered by this section, as well as the
documented resolution of recommendations described in paragraph (e)(5)
of this section for the life of the process.
(f) Operating procedures. (1) The employer shall develop and
implement written operating procedures that provide clear instructions
for safely conducting activities involved in each covered process
consistent with the process safety information and shall address at
least the following elements.
(i) Steps for each operating phase:
(A) Initial startup;
(B) Normal operations;
(C) Temporary operations;
(D) Emergency shutdown including the conditions under which
emergency shutdown is required, and the assignment of shutdown
responsibility to qualified operators to ensure that emergency shutdown
is executed in a safe and timely manner.
(E) Emergency Operations;
(F) Normal shutdown; and,
(G) Startup following a turnaround, or after an emergency shutdown.
(ii) Operating limits:
(A) Consequences of deviation; and
(B) Steps required to correct or avoid deviation.
(iii) Safety and health considerations:
(A) Properties of, and hazards presented by, the chemicals used in
the process;
(B) Precautions necessary to prevent exposure, including engineering
controls, administrative controls, and personal protective equipment;
(C) Control measures to be taken if physical contact or airborne
exposure occurs;
(D) Quality control for raw materials and control of hazardous
chemical inventory levels; and,
(E) Any special or unique hazards.
(iv) Safety systems and their functions.
(2) Operating procedures shall be readily accessible to employees
who work in or maintain a process.
(3) The operating procedures shall be reviewed as often as necessary
to assure that they reflect current operating practice, including
changes that result from changes in process chemicals, technology, and
equipment, and
[[Page 352]]
changes to facilities. The employer shall certify annually that these
operating procedures are current and accurate.
(4) The employer shall develop and implement safe work practices to
provide for the control of hazards during operations such as lockout/
tagout; confined space entry; opening process equipment or piping; and
control over entrance into a facility by maintenance, contractor,
laboratory, or other support personnel. These safe work practices shall
apply to employees and contractor employees.
(g) Training--(1) Initial training. (i) Each employee presently
involved in operating a process, and each employee before being involved
in operating a newly assigned process, shall be trained in an overview
of the process and in the operating procedures as specified in paragraph
(f) of this section. The training shall include emphasis on the specific
safety and health hazards, emergency operations including shutdown, and
safe work practices applicable to the employee's job tasks.
(ii) In lieu of initial training for those employees already
involved in operating a process on May 26, 1992, an employer may certify
in writing that the employee has the required knowledge, skills, and
abilities to safely carry out the duties and responsibilities as
specified in the operating procedures.
(2) Refresher training. Refresher training shall be provided at
least every three years, and more often if necessary, to each employee
involved in operating a process to assure that the employee understands
and adheres to the current operating procedures of the process. The
employer, in consultation with the employees involved in operating the
process, shall determine the appropriate frequency of refresher
training.
(3) Training documentation. The employer shall ascertain that each
employee involved in operating a process has received and understood the
training required by this paragraph. The employer shall prepare a record
which contains the identity of the employee, the date of training, and
the means used to verify that the employee understood the training.
(h) Contractors--(1) Application. This paragraph applies to
contractors performing maintenance or repair, turnaround, major
renovation, or specialty work on or adjacent to a covered process. It
does not apply to contractors providing incidental services which do not
influence process safety, such as janitorial work, food and drink
services, laundry, delivery or other supply services.
(2) Employer responsibilities. (i) The employer, when selecting a
contractor, shall obtain and evaluate information regarding the contract
employer's safety performance and programs.
(ii) The employer shall inform contract employers of the known
potential fire, explosion, or toxic release hazards related to the
contractor's work and the process.
(iii) The employer shall explain to contract employers the
applicable provisions of the emergency action plan required by paragraph
(n) of this section.
(iv) The employer shall develop and implement safe work practices
consistent with paragraph (f)(4) of this section, to control the
entrance, presence and exit of contract employers and contract employees
in covered process areas.
(v) The employer shall periodically evaluate the performance of
contract employers in fulfilling their obligations as specified in
paragraph (h)(3) of this section.
(vi) The employer shall maintain a contract employee injury and
illness log related to the contractor's work in process areas.
(3) Contract employer responsibilities. (i) The contract employer
shall assure that each contract employee is trained in the work
practices necessary to safely perform his/her job.
(ii) The contract employer shall assure that each contract employee
is instructed in the known potential fire, explosion, or toxic release
hazards related to his/her job and the process, and the applicable
provisions of the emergency action plan.
(iii) The contract employer shall document that each contract
employee has received and understood the training required by this
paragraph. The contract employer shall prepare a
[[Page 353]]
record which contains the identity of the contract employee, the date of
training, and the means used to verify that the employee understood the
training.
(iv) The contract employer shall assure that each contract employee
follows the safety rules of the facility including the safe work
practices required by paragraph (f)(4) of this section.
(v) The contract employer shall advise the employer of any unique
hazards presented by the contract employer's work, or of any hazards
found by the contract employer's work.
(i) Pre-startup safety review. (1) The employer shall perform a pre-
startup safety review for new facilities and for modified facilities
when the modification is significant enough to require a change in the
process safety information.
(2) The pre-startup safety review shall confirm that prior to the
introduction of highly hazardous chemicals to a process:
(i) Construction and equipment is in accordance with design
specifications;
(ii) Safety, operating, maintenance, and emergency procedures are in
place and are adequate;
(iii) For new facilities, a process hazard analysis has been
performed and recommendations have been resolved or implemented before
startup; and modified facilities meet the requirements contained in
management of change, paragraph (l).
(iv) Training of each employee involved in operating a process has
been completed.
(j) Mechanical integrity--(1) Application. Paragraphs (j)(2) through
(j)(6) of this section apply to the following process equipment:
(i) Pressure vessels and storage tanks;
(ii) Piping systems (including piping components such as valves);
(iii) Relief and vent systems and devices;
(iv) Emergency shutdown systems;
(v) Controls (including monitoring devices and sensors, alarms, and
interlocks) and,
(vi) Pumps.
(2) Written procedures. The employer shall establish and implement
written procedures to maintain the on-going integrity of process
equipment.
(3) Training for process maintenance activities. The employer shall
train each employee involved in maintaining the on-going integrity of
process equipment in an overview of that process and its hazards and in
the procedures applicable to the employee's job tasks to assure that the
employee can perform the job tasks in a safe manner.
(4) Inspection and testing. (i) Inspections and tests shall be
performed on process equipment.
(ii) Inspection and testing procedures shall follow recognized and
generally accepted good engineering practices.
(iii) The frequency of inspections and tests of process equipment
shall be consistent with applicable manufacturers' recommendations and
good engineering practices, and more frequently if determined to be
necessary by prior operating experience.
(iv) The employer shall document each inspection and test that has
been performed on process equipment. The documentation shall identify
the date of the inspection or test, the name of the person who performed
the inspection or test, the serial number or other identifier of the
equipment on which the inspection or test was performed, a description
of the inspection or test performed, and the results of the inspection
or test.
(5) Equipment deficiencies. The employer shall correct deficiencies
in equipment that are outside acceptable limits (defined by the process
safety information in paragraph (d) of this section) before further use
or in a safe and timely manner when necessary means are taken to assure
safe operation.
(6) Quality assurance. (i) In the construction of new plants and
equipment, the employer shall assure that equipment as it is fabricated
is suitable for the process application for which they will be used.
(ii) Appropriate checks and inspections shall be performed to assure
that equipment is installed properly and consistent with design
specifications and the manufacturer's instructions.
(iii) The employer shall assure that maintenance materials, spare
parts and equipment are suitable for the process application for which
they will be used.
[[Page 354]]
(k) Hot work permit. (1) The employer shall issue a hot work permit
for hot work operations conducted on or near a covered process.
(2) The permit shall document that the fire prevention and
protection requirements in 29 CFR 1910.252(a) have been implemented
prior to beginning the hot work operations; it shall indicate the
date(s) authorized for hot work; and identify the object on which hot
work is to be performed. The permit shall be kept on file until
completion of the hot work operations.
(l) Management of change. (1) The employer shall establish and
implement written procedures to manage changes (except for
``replacements in kind'') to process chemicals, technology, equipment,
and procedures; and, changes to facilities that affect a covered
process.
(2) The procedures shall assure that the following considerations
are addressed prior to any change:
(i) The technical basis for the proposed change;
(ii) Impact of change on safety and health;
(iii) Modifications to operating procedures;
(iv) Necessary time period for the change; and,
(v) Authorization requirements for the proposed change.
(3) Employees involved in operating a process and maintenance and
contract employees whose job tasks will be affected by a change in the
process shall be informed of, and trained in, the change prior to start-
up of the process or affected part of the process.
(4) If a change covered by this paragraph results in a change in the
process safety information required by paragraph (d) of this section,
such information shall be updated accordingly.
(5) If a change covered by this paragraph results in a change in the
operating procedures or practices required by paragraph (f) of this
section, such procedures or practices shall be updated accordingly.
(m) Incident investigation. (1) The employer shall investigate each
incident which resulted in, or could reasonably have resulted in a
catastrophic release of highly hazardous chemical in the workplace.
(2) An incident investigation shall be initiated as promptly as
possible, but not later than 48 hours following the incident.
(3) An incident investigation team shall be established and consist
of at least one person knowledgeable in the process involved, including
a contract employee if the incident involved work of the contractor, and
other persons with appropriate knowledge and experience to thoroughly
investigate and analyze the incident.
(4) A report shall be prepared at the conclusion of the
investigation which includes at a minimum:
(i) Date of incident;
(ii) Date investigation began;
(iii) A description of the incident;
(iv) The factors that contributed to the incident; and,
(v) Any recommendations resulting from the investigation.
(5) The employer shall establish a system to promptly address and
resolve the incident report findings and recommendations. Resolutions
and corrective actions shall be documented.
(6) The report shall be reviewed with all affected personnel whose
job tasks are relevant to the incident findings including contract
employees where applicable.
(7) Incident investigation reports shall be retained for five years.
(n) Emergency planning and response. The employer shall establish
and implement an emergency action plan for the entire plant in
accordance with the provisions of 29 CFR 1910.38. In addition, the
emergency action plan shall include procedures for handling small
releases. Employers covered under this standard may also be subject to
the hazardous waste and emergency response provisions contained in 29
CFR 1910.120 (a), (p) and (q).
(o) Compliance Audits. (1) Employers shall certify that they have
evaluated compliance with the provisions of this section at least every
three years to verify that the procedures and practices developed under
the standard are adequate and are being followed.
(2) The compliance audit shall be conducted by at least one person
knowledgeable in the process.
(3) A report of the findings of the audit shall be developed.
[[Page 355]]
(4) The employer shall promptly determine and document an
appropriate response to each of the findings of the compliance audit,
and document that deficiencies have been corrected.
(5) Employers shall retain the two (2) most recent compliance audit
reports.
(p) Trade secrets. (1) Employers shall make all information
necessary to comply with the section available to those persons
responsible for compiling the process safety information (required by
paragraph (d) of this section), those assisting in the development of
the process hazard analysis (required by paragraph (e) of this section),
those responsible for developing the operating procedures (required by
paragraph (f) of this section), and those involved in incident
investigations (required by paragraph (m) of this section), emergency
planning and response (paragraph (n) of this section) and compliance
audits (paragraph (o) of this section) without regard to possible trade
secret status of such information.
(2) Nothing in this paragraph shall preclude the employer from
requiring the persons to whom the information is made available under
paragraph (p)(1) of this section to enter into confidentiality
agreements not to disclose the information as set forth in 29 CFR
1910.1200.
(3) Subject to the rules and procedures set forth in 29 CFR
1910.1200(i)(1) through 1910.1200(i)(12), employees and their designated
representatives shall have access to trade secret information contained
within the process hazard analysis and other documents required to be
developed by this standard.
Appendix A to Sec.1910.119--List of Highly Hazardous Chemicals, Toxics
and Reactives (Mandatory)
This appendix contains a listing of toxic and reactive highly
hazardous chemicals which present a potential for a catastrophic event
at or above the threshold quantity.
------------------------------------------------------------------------
Chemical name CAS * TQ **
------------------------------------------------------------------------
Acetaldehyde............................... 75-07-0 2500
Acrolein (2-Propenal)...................... 107-02-8 150
Acrylyl Chloride........................... 814-68-6 250
Allyl Chloride............................. 107-05-1 1000
Allylamine................................. 107-11-9 1000
Alkylaluminums............................. Varies 5000
Ammonia, Anhydrous......................... 7664-41-7 10000
Ammonia solutions (44% ammonia 7664-41-7 15000
by weight)................................
Ammonium Perchlorate....................... 7790-98-9 7500
Ammonium Permanganate...................... 7787-36-2 7500
Arsine (also called Arsenic Hydride)....... 7784-42-1 100
Bis(Chloromethyl) Ether.................... 542-88-1 100
Boron Trichloride.......................... 10294-34-5 2500
Boron Trifluoride.......................... 7637-07-2 250
Bromine.................................... 7726-95-6 1500
Bromine Chloride........................... 13863-41-7 1500
Bromine Pentafluoride...................... 7789-30-2 2500
Bromine Trifluoride........................ 7787-71-5 15000
3-Bromopropyne (also called Propargyl 106-96-7 100
Bromide)..................................
Butyl Hydroperoxide (Tertiary)............. 75-91-2 5000
Butyl Perbenzoate (Tertiary)............... 614-45-9 7500
Carbonyl Chloride (see Phosgene)........... 75-44-5 100
Carbonyl Fluoride.......................... 353-50-4 2500
Cellulose Nitrate (concentration 12.6% nitrogen)........................
Chlorine................................... 7782-50-5 1500
Chlorine Dioxide........................... 10049-04-4 1000
Chlorine Pentrafluoride.................... 13637-63-3 1000
Chlorine Trifluoride....................... 7790-91-2 1000
Chlorodiethylaluminum (also called 96-10-6 5000
Diethylaluminum Chloride).................
1-Chloro-2,4-Dinitrobenzene................ 97-00-7 5000
Chloromethyl Methyl Ether.................. 107-30-2 500
Chloropicrin............................... 76-06-2 500
Chloropicrin and Methyl Bromide mixture.... None 1500
Chloropicrin and Methyl Chloride mixture... None 1500
Cumene Hydroperoxide....................... 80-15-9 5000
Cyanogen................................... 460-19-5 2500
Cyanogen Chloride.......................... 506-77-4 500
Cyanuric Fluoride.......................... 675-14-9 100
Diacetyl Peroxide (Concentration 70%)...................................
Diazomethane............................... 334-88-3 500
Dibenzoyl Peroxide......................... 94-36-0 7500
Diborane................................... 19287-45-7 100
Dibutyl Peroxide (Tertiary)................ 110-05-4 5000
Dichloro Acetylene......................... 7572-29-4 250
Dichlorosilane............................. 4109-96-0 2500
Diethylzinc................................ 557-20-0 10000
Diisopropyl Peroxydicarbonate.............. 105-64-6 7500
Dilaluroyl Peroxide........................ 105-74-8 7500
Dimethyldichlorosilane..................... 75-78-5 1000
Dimethylhydrazine, 1,1-.................... 57-14-7 1000
Dimethylamine, Anhydrous................... 124-40-3 2500
2,4-Dinitroaniline......................... 97-02-9 5000
Ethyl Methyl Ketone Peroxide (also Methyl 1338-23-4 5000
Ethyl Ketone Peroxide; concentration 60%)...............................
Ethyl Nitrite.............................. 109-95-5 5000
Ethylamine................................. 75-04-7 7500
Ethylene Fluorohydrin...................... 371-62-0 100
Ethylene Oxide............................. 75-21-8 5000
Ethyleneimine.............................. 151-56-4 1000
Fluorine................................... 7782-41-4 1000
Formaldehyde (Formalin).................... 50-00-0 1000
Furan...................................... 110-00-9 500
Hexafluoroacetone.......................... 684-16-2 5000
Hydrochloric Acid, Anhydrous............... 7647-01-0 5000
Hydrofluoric Acid, Anhydrous............... 7664-39-3 1000
Hydrogen Bromide........................... 10035-10-6 5000
Hydrogen Chloride.......................... 7647-01-0 5000
Hydrogen Cyanide, Anhydrous................ 74-90-8 1000
Hydrogen Fluoride.......................... 7664-39-3 1000
[[Page 356]]
Hydrogen Peroxide (52% by weight or 7722-84-1 7500
greater)..................................
Hydrogen Selenide.......................... 7783-07-5 150
Hydrogen Sulfide........................... 7783-06-4 1500
Hydroxylamine.............................. 7803-49-8 2500
Iron, Pentacarbonyl........................ 13463-40-6 250
Isopropylamine............................. 75-31-0 5000
Ketene..................................... 463-51-4 100
Methacrylaldehyde.......................... 78-85-3 1000
Methacryloyl Chloride...................... 920-46-7 150
Methacryloyloxyethyl Isocyanate............ 30674-80-7 100
Methyl Acrylonitrile....................... 126-98-7 250
Methylamine, Anhydrous..................... 74-89-5 1000
Methyl Bromide............................. 74-83-9 2500
Methyl Chloride............................ 74-87-3 15000
Methyl Chloroformate....................... 79-22-1 500
Methyl Ethyl Ketone Peroxide (concentration 1338-23-4 5000
60%)...........................
Methyl Fluoroacetate....................... 453-18-9 100
Methyl Fluorosulfate....................... 421-20-5 100
Methyl Hydrazine........................... 60-34-4 100
Methyl Iodide.............................. 74-88-4 7500
Methyl Isocyanate.......................... 624-83-9 250
Methyl Mercaptan........................... 74-93-1 5000
Methyl Vinyl Ketone........................ 78-94-4 100
Methyltrichlorosilane...................... 75-79-6 500
Nickel Carbonly (Nickel Tetracarbonyl)..... 13463-39-3 150
Nitric Acid (94.5% by weight or greater)... 7697-37-2 500
Nitric Oxide............................... 10102-43-9 250
Nitroaniline (para Nitroaniline............ 100-01-6 5000
Nitromethane............................... 75-52-5 2500
Nitrogen Dioxide........................... 10102-44-0 250
Nitrogen Oxides (NO; NO2; N204; N203)...... 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen 10544-72-6 250
Peroxide).................................
Nitrogen Trifluoride....................... 7783-54-2 5000
Nitrogen Trioxide.......................... 10544-73-7 250
Oleum (65% to 80% by weight; also called 8014-95-7 1,000
Fuming Sulfuric Acid).....................
Osmium Tetroxide........................... 20816-12-0 100
Oxygen Difluoride (Fluorine Monoxide)...... 7783-41-7 100
Ozone...................................... 10028-15-6 100
Pentaborane................................ 19624-22-7 100
Peracetic Acid (concentration 60% Acetic Acid; also called
Peroxyacetic Acid)........................
Perchloric Acid (concentration 60% by weight).........................
Perchloromethyl Mercaptan.................. 594-42-3 150
Perchloryl Fluoride........................ 7616-94-6 5000
Peroxyacetic Acid (concentration 60% Acetic Acid; also called Peracetic
Acid).....................................
Phosgene (also called Carbonyl Chloride)... 75-44-5 100
Phosphine (Hydrogen Phosphide)............. 7803-51-2 100
Phosphorus Oxychloride (also called 10025-87-3 1000
Phosphoryl Chloride)......................
Phosphorus Trichloride..................... 7719-12-2 1000
Phosphoryl Chloride (also called Phosphorus 10025-87-3 1000
Oxychloride)..............................
Propargyl Bromide.......................... 106-96-7 100
Propyl Nitrate............................. 627-3-4 2500
Sarin...................................... 107-44-8 100
Selenium Hexafluoride...................... 7783-79-1 1000
Stibine (Antimony Hydride)................. 7803-52-3 500
Sulfur Dioxide (liquid).................... 7446-09-5 1000
Sulfur Pentafluoride....................... 5714-22-7 250
Sulfur Tetrafluoride....................... 7783-60-0 250
Sulfur Trioxide (also called Sulfuric 7446-11-9 1000
Anhydride)................................
Sulfuric Anhydride (also called Sulfur 7446-11-9 1000
Trioxide).................................
Tellurium Hexafluoride..................... 7783-80-4 250
Tetrafluoroethylene........................ 116-14-3 5000
Tetrafluorohydrazine....................... 10036-47-2 5000
Tetramethyl Lead........................... 75-74-1 1000
Thionyl Chloride........................... 7719-09-7 250
Trichloro (chloromethyl) Silane............ 1558-25-4 100
Trichloro (dichlorophenyl) Silane.......... 27137-85-5 2500
Trichlorosilane............................ 10025-78-2 5000
Trifluorochloroethylene.................... 79-38-9 10000
Trimethyoxysilane.......................... 2487-90-3 1500
------------------------------------------------------------------------
* Chemical Abstract Service Number.
** Threshold Quantity in Pounds (Amount necessary to be covered by this
standard).
[[Page 357]]
Appendix B to Sec.1910.119--Block Flow Diagram and Simplified Process
Flow Diagram (Nonmandatory)
[GRAPHIC] [TIFF OMITTED] TC27OC91.026
[[Page 358]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.027
Appendix C to Sec.1910.119--Compliance Guidelines and Recommendations
for Process Safety Management (Nonmandatory)
This appendix serves as a nonmandatory guideline to assist employers
and employees in complying with the requirements of this section, as
well as provides other helpful recommendations and information. Examples
presented in this appendix are not the only means of achieving the
performance goals in the standard. This appendix neither adds nor
detracts from the requirements of the standard.
1. Introduction to Process Safety Management. The major objective of
process safety management of highly hazardous chemicals is to prevent
unwanted releases of hazardous chemicals especially into locations which
could expose employees and others to serious hazards. An effective
process safety management program requires a systematic approach to
evaluating the whole process. Using this approach the process design,
process technology, operational and maintenance activities and
procedures, nonroutine activities and procedures, emergency preparedness
plans and procedures, training programs, and other elements which impact
the process are all considered in the evaluation. The various lines of
defense that have been incorporated into the design and operation of the
process to prevent or mitigate the release of hazardous chemicals need
to be evaluated and strengthened to assure their effectiveness at each
level. Process safety management is the proactive identification,
evaluation and mitigation or prevention of chemical releases that could
occur as a result of failures in process, procedures or equipment.
The process safety management standard targets highly hazardous
chemicals that
[[Page 359]]
have the potential to cause a catastrophic incident. This standard as a
whole is to aid employers in their efforts to prevent or mitigate
episodic chemical releases that could lead to a catastrophe in the
workplace and possibly to the surrounding community. To control these
types of hazards, employers need to develop the necessary expertise,
experiences, judgement and proactive initiative within their workforce
to properly implement and maintain an effective process safety
management program as envisioned in the OSHA standard. This OSHA
standard is required by the Clean Air Act Amendments as is the
Environmental Protection Agency's Risk Management Plan. Employers, who
merge the two sets of requirements into their process safety management
program, will better assure full compliance with each as well as
enhancing their relationship with the local community.
While OSHA believes process safety management will have a positive
effect on the safety of employees in workplaces and also offers other
potential benefits to employers (increased productivity), smaller
businesses which may have limited resources available to them at this
time, might consider alternative avenues of decreasing the risks
associated with highly hazardous chemicals at their workplaces. One
method which might be considered is the reduction in the inventory of
the highly hazardous chemical. This reduction in inventory will result
in a reduction of the risk or potential for a catastrophic incident.
Also, employers including small employers may be able to establish more
efficient inventory control by reducing the quantities of highly
hazardous chemicals on site below the established threshold quantities.
This reduction can be accomplished by ordering smaller shipments and
maintaining the minimum inventory necessary for efficient and safe
operation. When reduced inventory is not feasible, then the employer
might consider dispersing inventory to several locations on site.
Dispersing storage into locations where a release in one location will
not cause a release in another location is a practical method to also
reduce the risk or portential for catastrophic incidents.
2. Employee Involvement in Process Safety Management. Section 304 of
the Clean Air Act Amendments states that employers are to consult with
their employees and their representatives regarding the employers
efforts in the development and implementation of the process safety
management program elements and hazard assessments. Section 304 also
requires employers to train and educate their employees and to inform
affected employees of the findings from incident investigations required
by the process safety management program. Many employers, under their
safety and health programs, have already established means and methods
to keep employees and their representatives informed about relevant
safety and health issues and employers may be able to adapt these
practices and procedures to meet their obligations under this standard.
Employers who have not implemented an occupational safety and health
program may wish to form a safety and health committee of employees and
management representatives to help the employer meet the obligations
specified by this standard. These committees can become a significant
ally in helping the employer to implement and maintain an effective
process safety management program for all employees.
3. Process Safety Information. Complete and accurate written
information concerning process chemicals, process technology, and
process equipment is essential to an effective process safety management
program and to a process hazards analysis. The compiled information will
be a necessary resource to a variety of users including the team that
will perform the process hazards analysis as required under paragraph
(e); those developing the training programs and the operating
procedures; contractors whose employees will be working with the
process; those conducting the pre-startup reviews; local emergency
preparedness planners; and insurance and enforcement officials.
The information to be compiled about the chemicals, including
process intermediates, needs to be comprehensive enough for an accurate
assessment of the fire and explosion characteristics, reactivity
hazards, the safety and health hazards to workers, and the corrosion and
erosion effects on the process equipment and monitoring tools. Current
safety data sheet (SDS) information can be used to help meet this
requirement which must be supplemented with process chemistry
information including runaway reaction and over pressure hazards if
applicable.
Process technology information will be a part of the process safety
information package and it is expected that it will include diagrams of
the type shown in appendix B of this section as well as employer
established criteria for maximum inventory levels for process chemicals;
limits beyond which would be considered upset conditions; and a
qualitative estimate of the consequences or results of deviation that
could occur if operating beyond the established process limits.
Employers are encouraged to use diagrams which will help users
understand the process.
A block flow diagram is used to show the major process equipment and
interconnecting process flow lines and show flow rates, stream
composition, temperatures, and pressures when necessary for clarity. The
block flow diagram is a simplified diagram.
Process flow diagrams are more complex and will show all main flow
streams including valves to enhance the understanding of
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the process, as well as pressures and temperatures on all feed and
product lines within all major vessels, in and out of headers and heat
exchangers, and points of pressure and temperature control. Also,
materials of construction information, pump capacities and pressure
heads, compressor horsepower and vessel design pressures and
temperatures are shown when necessary for clarity. In addition, major
components of control loops are usually shown along with key utilities
on process flow diagrams.
Piping and instrument diagrams (P&IDs) may be the more appropriate
type of diagrams to show some of the above details and to display the
information for the piping designer and engineering staff. The P&IDs are
to be used to describe the relationships between equipment and
instrumentation as well as other relevant information that will enhance
clarity. Computer software programs which do P&IDs or other diagrams
useful to the information package, may be used to help meet this
requirement.
The information pertaining to process equipment design must be
documented. In other words, what were the codes and standards relied on
to establish good engineering practice. These codes and standards are
published by such organizations as the American Society of Mechanical
Engineers, American Petroleum Institute, American National Standards
Institute, National Fire Protection Association, American Society for
Testing and Materials, National Board of Boiler and Pressure Vessel
Inspectors, National Association of Corrosion Engineers, American
Society of Exchange Manufacturers Association, and model building code
groups.
In addition, various engineering societies issue technical reports
which impact process design. For example, the American Institute of
Chemical Engineers has published technical reports on topics such as two
phase flow for venting devices. This type of technically recognized
report would constitute good engineering practice.
For existing equipment designed and constructed many years ago in
accordance with the codes and standards available at that time and no
longer in general use today, the employer must document which codes and
standards were used and that the design and construction along with the
testing, inspection and operation are still suitable for the intended
use. Where the process technology requires a design which departs from
the applicable codes and standards, the employer must document that the
design and construction is suitable for the intended purpose.
4. Process Hazard Analysis. A process hazard analysis (PHA),
sometimes called a process hazard evaluation, is one of the most
important elements of the process safety management program. A PHA is an
organized and systematic effort to identify and analyze the significance
of potential hazards associated with the processing or handling of
highly hazardous chemicals. A PHA provides information which will assist
employers and employees in making decisions for improving safety and
reducing the consequences of unwanted or unplanned releases of hazardous
chemicals. A PHA is directed toward analyzing potential causes and
consequences of fires, explosions, releases of toxic or flammable
chemicals and major spills of hazardous chemicals. The PHA focuses on
equipment, instrumentation, utilities, human actions (routine and
nonroutine), and external factors that might impact the process. These
considerations assist in determining the hazards and potential failure
points or failure modes in a process.
The selection of a PHA methodology or technique will be influenced
by many factors including the amount of existing knowledge about the
process. Is it a process that has been operated for a long period of
time with little or no innovation and extensive experience has been
generated with its use? Or, is it a new process or one which has been
changed frequently by the inclusion of innovative features? Also, the
size and complexity of the process will influence the decision as to the
appropriate PHA methodology to use. All PHA methodologies are subject to
certain limitations. For example, the checklist methodology works well
when the process is very stable and no changes are made, but it is not
as effective when the process has undergone extensive change. The
checklist may miss the most recent changes and consequently the changes
would not be evaluated. Another limitation to be considered concerns the
assumptions made by the team or analyst. The PHA is dependent on good
judgement and the assumptions made during the study need to be
documented and understood by the team and reviewer and kept for a future
PHA.
The team conducting the PHA need to understand the methodology that
is going to be used. A PHA team can vary in size from two people to a
number of people with varied operational and technical backgrounds. Some
team members may only be a part of the team for a limited time. The team
leader needs to be fully knowledgeable in the proper implementation of
the PHA methodology that is to be used and should be impartial in the
evaluation. The other full or part time team members need to provide the
team with expertise in areas such as process technology, process design,
operating procedures and practices, including how the work is actually
performed, alarms, emergency procedures, instrumentation, maintenance
procedures, both routine and nonroutine tasks, including how the tasks
are authorized, procurement of parts and supplies, safety and health,
and any other relevant subject as the
[[Page 361]]
need dictates. At least one team member must be familiar with the
process.
The ideal team will have an intimate knowledge of the standards,
codes, specifications and regulations applicable to the process being
studied. The selected team members need to be compatible and the team
leader needs to be able to manage the team, and the PHA study. The team
needs to be able to work together while benefiting from the expertise of
others on the team or outside the team, to resolve issues, and to forge
a consensus on the findings of the study and recommendations.
The application of a PHA to a process may involve the use of
different methodologies for various parts of the process. For example, a
process involving a series of unit operation of varying sizes,
complexities, and ages may use different methodologies and team members
for each operation. Then the conclusions can be integrated into one
final study and evaluation. A more specific example is the use of a
checklist PHA for a standard boiler or heat exchanger and the use of a
Hazard and Operability PHA for the overall process. Also, for batch type
processes like custom batch operations, a generic PHA of a
representative batch may be used where there are only small changes of
monomer or other ingredient ratios and the chemistry is documented for
the full range and ratio of batch ingredients. Another process that
might consider using a generic type of PHA is a gas plant. Often these
plants are simply moved from site to site and therefore, a generic PHA
may be used for these movable plants. Also, when an employer has several
similar size gas plants and no sour gas is being processed at the site,
then a generic PHA is feasible as long as the variations of the
individual sites are accounted for in the PHA. Finally, when an employer
has a large continuous process which has several control rooms for
different portions of the process such as for a distillation tower and a
blending operation, the employer may wish to do each segment separately
and then integrate the final results.
Additionally, small businesses which are covered by this rule, will
often have processes that have less storage volume, less capacity, and
less complicated than processes at a large facility. Therefore, OSHA
would anticipate that the less complex methodologies would be used to
meet the process hazard analysis criteria in the standard. These process
hazard analyses can be done in less time and with a few people being
involved. A less complex process generally means that less data, P&IDs,
and process information is needed to perform a process hazard analysis.
Many small businesses have processes that are not unique, such as
cold storage lockers or water treatment facilities. Where employer
associations have a number of members with such facilities, a generic
PHA, evolved from a checklist or what-if questions, could be developed
and used by each employer effectively to reflect his/her particular
process; this would simplify compliance for them.
When the employer has a number of processes which require a PHA, the
employer must set up a priority system of which PHAs to conduct first. A
preliminary or gross hazard analysis may be useful in prioritizing the
processes that the employer has determined are subject to coverage by
the process safety management standard. Consideration should first be
given to those processes with the potential of adversely affecting the
largest number of employees. This prioritizing should consider the
potential severity of a chemical release, the number of potentially
affected employees, the operating history of the process such as the
frequency of chemical releases, the age of the process and any other
relevant factors. These factors would suggest a ranking order and would
suggest either using a weighing factor system or a systematic ranking
method. The use of a preliminary hazard analysis would assist an
employer in determining which process should be of the highest priority
and thereby the employer would obtain the greatest improvement in safety
at the facility.
Detailed guidance on the content and application of process hazard
analysis methodologies is available from the American Institute of
Chemical Engineers' Center for Chemical Process Safety (see appendix D).
5. Operating Procedures and Practices. Operating procedures describe
tasks to be performed, data to be recorded, operating conditions to be
maintained, samples to be collected, and safety and health precautions
to be taken. The procedures need to be technically accurate,
understandable to employees, and revised periodically to ensure that
they reflect current operations. The process safety information package
is to be used as a resource to better assure that the operating
procedures and practices are consistent with the known hazards of the
chemicals in the process and that the operating parameters are accurate.
Operating procedures should be reviewed by engineering staff and
operating personnel to ensure that they are accurate and provide
practical instructions on how to actually carry out job duties safely.
Operating procedures will include specific instructions or details
on what steps are to be taken or followed in carrying out the stated
procedures. These operating instructions for each procedure should
include the applicable safety precautions and should contain appropriate
information on safety implications. For example, the operating
procedures addressing operating parameters will contain operating
instructions about pressure limits, temperature ranges, flow rates, what
to do when an upset condition
[[Page 362]]
occurs, what alarms and instruments are pertinent if an upset condition
occurs, and other subjects. Another example of using operating
instructions to properly implement operating procedures is in starting
up or shutting down the process. In these cases, different parameters
will be required from those of normal operation. These operating
instructions need to clearly indicate the distinctions between startup
and normal operations such as the appropriate allowances for heating up
a unit to reach the normal operating parameters. Also the operating
instructions need to describe the proper method for increasing the
temperature of the unit until the normal operating temperature
parameters are achieved.
Computerized process control systems add complexity to operating
instructions. These operating instructions need to describe the logic of
the software as well as the relationship between the equipment and the
control system; otherwise, it may not be apparent to the operator.
Operating procedures and instructions are important for training
operating personnel. The operating procedures are often viewed as the
standard operating practices (SOPs) for operations. Control room
personnel and operating staff, in general, need to have a full
understanding of operating procedures. If workers are not fluent in
English then procedures and instructions need to be prepared in a second
language understood by the workers. In addition, operating procedures
need to be changed when there is a change in the process as a result of
the management of change procedures. The consequences of operating
procedure changes need to be fully evaluated and the information
conveyed to the personnel. For example, mechanical changes to the
process made by the maintenance department (like changing a valve from
steel to brass or other subtle changes) need to be evaluated to
determine if operating procedures and practices also need to be changed.
All management of change actions must be coordinated and integrated with
current operating procedures and operating personnel must be oriented to
the changes in procedures before the change is made. When the process is
shut down in order to make a change, then the operating procedures must
be updated before startup of the process.
Training in how to handle upset conditions must be accomplished as
well as what operating personnel are to do in emergencies such as when a
pump seal fails or a pipeline ruptures. Communication between operating
personnel and workers performing work within the process area, such as
nonroutine tasks, also must be maintained. The hazards of the tasks are
to be conveyed to operating personnel in accordance with established
procedures and to those performing the actual tasks. When the work is
completed, operating personnel should be informed to provide closure on
the job.
6. Employee Training. All employees, including maintenance and
contractor employees, involved with highly hazardous chemicals need to
fully understand the safety and health hazards of the chemicals and
processes they work with for the protection of themselves, their fellow
employees and the citizens of nearby communities. Training conducted in
compliance with Sec.1910.1200, the Hazard Communication standard, will
help employees to be more knowledgeable about the chemicals they work
with as well as familiarize them with reading and understanding SDSs.
However, additional training in subjects such as operating procedures
and safety work practices, emergency evacuation and response, safety
procedures, routine and nonroutine work authorization activities, and
other areas pertinent to process safety and health will need to be
covered by an employer's training program.
In establishing their training programs, employers must clearly
define the employees to be trained and what subjects are to be covered
in their training. Employers in setting up their training program will
need to clearly establish the goals and objectives they wish to achieve
with the training that they provide to their employees. The learning
goals or objectives should be written in clear measurable terms before
the training begins. These goals and objectives need to be tailored to
each of the specific training modules or segments. Employers should
describe the important actions and conditions under which the employee
will demonstrate competence or knowledge as well as what is acceptable
performance.
Hands-on-training where employees are able to use their senses
beyond listening, will enhance learning. For example, operating
personnel, who will work in a control room or at control panels, would
benefit by being trained at a simulated control panel or panels. Upset
conditions of various types could be displayed on the simulator, and
then the employee could go through the proper operating procedures to
bring the simulator panel back to the normal operating parameters. A
training environment could be created to help the trainee feel the full
reality of the situation but, of course, under controlled conditions.
This realistic type of training can be very effective in teaching
employees correct procedures while allowing them to also see the
consequences of what might happen if they do not follow established
operating procedures. Other training techniques using videos or on-the-
job training can also be very effective for teaching other job tasks,
duties, or other important information. An effective training program
will allow the employee to fully participate in the training process and
to practice their skill or knowledge.
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Employers need to periodically evaluate their training programs to
see if the necessary skills, knowledge, and routines are being properly
understood and implemented by their trained employees. The means or
methods for evaluating the training should be developed along with the
training program goals and objectives. Training program evaluation will
help employers to determine the amount of training their employees
understood, and whether the desired results were obtained. If, after the
evaluation, it appears that the trained employees are not at the level
of knowledge and skill that was expected, the employer will need to
revise the training program, provide retraining, or provide more
frequent refresher training sessions until the deficiency is resolved.
Those who conducted the training and those who received the training
should also be consulted as to how best to improve the training process.
If there is a language barrier, the language known to the trainees
should be used to reinforce the training messages and information.
Careful consideration must be given to assure that employees
including maintenance and contract employees receive current and updated
training. For example, if changes are made to a process, impacted
employees must be trained in the changes and understand the effects of
the changes on their job tasks (e.g., any new operating procedures
pertinent to their tasks). Additionally, as already discussed the
evaluation of the employee's absorption of training will certainly
influence the need for training.
7. Contractors. Employers who use contractors to perform work in and
around processes that involve highly hazardous chemicals, will need to
establish a screening process so that they hire and use contractors who
accomplish the desired job tasks without compromising the safety and
health of employees at a facility. For contractors, whose safety
performance on the job is not known to the hiring employer, the employer
will need to obtain information on injury and illness rates and
experience and should obtain contractor references. Additionally, the
employer must assure that the contractor has the appropriate job skills,
knowledge and certifications (such as for pressure vessel welders).
Contractor work methods and experiences should be evaluated. For
example, does the contractor conducting demolition work swing loads over
operating processes or does the contractor avoid such hazards?
Maintaining a site injury and illness log for contractors is another
method employers must use to track and maintain current knowledge of
work activities involving contract employees working on or adjacent to
covered processes. Injury and illness logs of both the employer's
employees and contract employees allow an employer to have full
knowledge of process injury and illness experience. This log will also
contain information which will be of use to those auditing process
safety management compliance and those involved in incident
investigations.
Contract employees must perform their work safely. Considering that
contractors often perform very specialized and potentially hazardous
tasks such as confined space entry activities and nonroutine repair
activities it is quite important that their activities be controlled
while they are working on or near a covered process. A permit system or
work authorization system for these activities would also be helpful to
all affected employers. The use of a work authorization system keeps an
employer informed of contract employee activities, and as a benefit the
employer will have better coordination and more management control over
the work being performed in the process area. A well run and well
maintained process where employee safety is fully recognized will
benefit all of those who work in the facility whether they be contract
employees or employees of the owner.
8. Pre-Startup Safety. For new processes, the employer will find a
PHA helpful in improving the design and construction of the process from
a reliability and quality point of view. The safe operation of the new
process will be enhanced by making use of the PHA recommendations before
final installations are completed. P&IDs are to be completed along with
having the operating procedures in place and the operating staff trained
to run the process before startup. The initial startup procedures and
normal operating procedures need to be fully evaluated as part of the
pre-startup review to assure a safe transfer into the normal operating
mode for meeting the process parameters.
For existing processes that have been shutdown for turnaround, or
modification, etc., the employer must assure that any changes other than
``replacement in kind'' made to the process during shutdown go through
the management of change procedures. P&IDs will need to be updated as
necessary, as well as operating procedures and instructions. If the
changes made to the process during shutdown are significant and impact
the training program, then operating personnel as well as employees
engaged in routine and nonroutine work in the process area may need some
refresher or additional training in light of the changes. Any incident
investigation recommendations, compliance audits or PHA recommendations
need to be reviewed as well to see what impacts they may have on the
process before beginning the startup.
9. Mechanical Integrity. Employers will need to review their
maintenance programs and schedules to see if there are areas where
``breakdown'' maintenance is used rather than an on-going mechanical
integrity program. Equipment used to process, store, or
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handle highly hazardous chemicals needs to be designed, constructed,
installed and maintained to minimize the risk of releases of such
chemicals. This requires that a mechanical integrity program be in place
to assure the continued integrity of process equipment. Elements of a
mechanical integrity program include the identification and
categorization of equipment and instrumentation, inspections and tests,
testing and inspection frequencies, development of maintenance
procedures, training of maintenance personnel, the establishment of
criteria for acceptable test results, documentation of test and
inspection results, and documentation of manufacturer recommendations as
to meantime to failure for equipment and instrumentation.
The first line of defense an employer has available is to operate
and maintain the process as designed, and to keep the chemicals
contained. This line of defense is backed up by the next line of defense
which is the controlled release of chemicals through venting to
scrubbers or flares, or to surge or overflow tanks which are designed to
receive such chemicals, etc. These lines of defense are the primary
lines of defense or means to prevent unwanted releases. The secondary
lines of defense would include fixed fire protection systems like
sprinklers, water spray, or deluge systems, monitor guns, etc., dikes,
designed drainage systems, and other systems which would control or
mitigate hazardous chemicals once an unwanted release occurs. These
primary and secondary lines of defense are what the mechanical integrity
program needs to protect and strengthen these primary and secondary
lines of defenses where appropriate.
The first step of an effective mechanical integrity program is to
compile and categorize a list of process equipment and instrumentation
for inclusion in the program. This list would include pressure vessels,
storage tanks, process piping, relief and vent systems, fire protection
system components, emergency shutdown systems and alarms and interlocks
and pumps. For the categorization of instrumentation and the listed
equipment the employer would prioritize which pieces of equipment
require closer scrutiny than others. Meantime to failure of various
instrumentation and equipment parts would be known from the
manufacturers data or the employer's experience with the parts, which
would then influence the inspection and testing frequency and associated
procedures. Also, applicable codes and standards such as the National
Board Inspection Code, or those from the American Society for Testing
and Material, American Petroleum Institute, National Fire Protection
Association, American National Standards Institute, American Society of
Mechanical Engineers, and other groups, provide information to help
establish an effective testing and inspection frequency, as well as
appropriate methodologies.
The applicable codes and standards provide criteria for external
inspections for such items as foundation and supports, anchor bolts,
concrete or steel supports, guy wires, nozzles and sprinklers, pipe
hangers, grounding connections, protective coatings and insulation, and
external metal surfaces of piping and vessels, etc. These codes and
standards also provide information on methodologies for internal
inspection, and a frequency formula based on the corrosion rate of the
materials of construction. Also, erosion both internal and external
needs to be considered along with corrosion effects for piping and
valves. Where the corrosion rate is not known, a maximum inspection
frequency is recommended, and methods of developing the corrosion rate
are available in the codes. Internal inspections need to cover items
such as vessel shell, bottom and head; metallic linings; nonmetallic
linings; thickness measurements for vessels and piping; inspection for
erosion, corrosion, cracking and bulges; internal equipment like trays,
baffles, sensors and screens for erosion, corrosion or cracking and
other deficiencies. Some of these inspections may be performed by state
of local government inspectors under state and local statutes. However,
each employer needs to develop procedures to ensure that tests and
inspections are conducted properly and that consistency is maintained
even where different employees may be involved. Appropriate training is
to be provided to maintenance personnel to ensure that they understand
the preventive maintenance program procedures, safe practices, and the
proper use amd application of special equipment or unique tools that may
be required. This training is part of the overall training program
called for in the standard.
A quality assurance system is needed to help ensure that the proper
materials of construction are used, that fabrication and inspection
procedures are proper, and that installation procedures recognize field
installation concerns. The quality assurance program is an essential
part of the mechanical integrity program and will help to maintain the
primary and secondary lines of defense that have been designed into the
process to prevent unwanted chemical releases or those which control or
mitigate a release. ``As built'' drawings, together with certifications
of coded vessels and other equipment, and materials of construction need
to be verified and retained in the quality assurance documentation.
Equipment installation jobs need to be properly inspected in the field
for use of proper materials and procedures and to assure that qualified
craftsmen are used to do the job. The use of appropriate gaskets,
packing, bolts, valves, lubricants and welding rods need to be verified
in the field. Also
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procedures for installation of safety devices need to be verified, such
as the torque on the bolts on ruptured disc installations, uniform
torque on flange bolts, proper installation of pump seals, etc. If the
quality of parts is a problem, it may be appropriate to conduct audits
of the equipment supplier's facilities to better assure proper purchases
of required equipment which is suitable for its intended service. Any
changes in equipment that may become necessary will need to go through
the management of change procedures.
10. Nonroutine Work Authorizations. Nonroutine work which is
conducted in process areas needs to be controlled by the employer in a
consistent manner. The hazards identified involving the work that is to
be accomplished must be communicated to those doing the work, but also
to those operating personnel whose work could affect the safety of the
process. A work authorization notice or permit must have a procedure
that describes the steps the maintenance supervisor, contractor
representative or other person needs to follow to obtain the necessary
clearance to get the job started. The work authorization procedures need
to reference and coordinate, as applicable, lockout/tagout procedures,
line breaking procedures, confined space entry procedures and hot work
authorizations. This procedure also needs to provide clear steps to
follow once the job is completed in order to provide closure for those
that need to know the job is now completed and equipment can be returned
to normal.
11. Managing Change. To properly manage changes to process
chemicals, technology, equipment and facilities, one must define what is
meant by change. In this process safety management standard, change
includes all modifications to equipment, procedures, raw materials and
processing conditions other than ``replacement in kind''. These changes
need to be properly managed by identifying and reviewing them prior to
implementation of the change. For example, the operating procedures
contain the operating parameters (pressure limits, temperature ranges,
flow rates, etc.) and the importance of operating within these limits.
While the operator must have the flexibility to maintain safe operation
within the established parameters, any operation outside of these
parameters requires review and approval by a written management of
change procedure.
Management of change covers such as changes in process technology
and changes to equipment and instrumentation. Changes in process
technology can result from changes in production rates, raw materials,
experimentation, equipment unavailability, new equipment, new product
development, change in catalyst and changes in operating conditions to
improve yield or quality. Equipment changes include among others change
in materials of construction, equipment specifications, piping pre-
arrangements, experimental equipment, computer program revisions and
changes in alarms and interlocks. Employers need to establish means and
methods to detect both technical changes and mechanical changes.
Temporary changes have caused a number of catastrophes over the
years, and employers need to establish ways to detect temporary changes
as well as those that are permanent. It is important that a time limit
for temporary changes be established and monitored since, without
control, these changes may tend to become permanent. Temporary changes
are subject to the management of change provisions. In addition, the
management of change procedures are used to insure that the equipment
and procedures are returned to their original or designed conditions at
the end of the temporary change. Proper documentation and review of
these changes is invaluable in assuring that the safety and health
considerations are being incorporated into the operating procedures and
the process.
Employers may wish to develop a form or clearance sheet to
facilitate the processing of changes through the management of change
procedures. A typical change form may include a description and the
purpose of the change, the technical basis for the change, safety and
health considerations, documentation of changes for the operating
procedures, maintenance procedures, inspection and testing, P&IDs,
electrical classification, training and communications, pre-startup
inspection, duration if a temporary change, approvals and authorization.
Where the impact of the change is minor and well understood, a check
list reviewed by an authorized person with proper communication to
others who are affected may be sufficient. However, for a more complex
or significant design change, a hazard evaluation procedure with
approvals by operations, maintenance, and safety departments may be
appropriate. Changes in documents such as P&IDs, raw materials,
operating procedures, mechanical integrity programs, electrical
classifications, etc., need to be noted so that these revisions can be
made permanent when the drawings and procedure manuals are updated.
Copies of process changes need to be kept in an accessible location to
ensure that design changes are available to operating personnel as well
as to PHA team members when a PHA is being done or one is being updated.
12. Investigation of Incidents. Incident investigation is the
process of identifying the underlying causes of incidents and
implementing steps to prevent similar events from occurring. The intent
of an incident investigation is for employers to learn from past
experiences and thus avoid repeating past
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mistakes. The incidents for whicn OSHA expects employers to become aware
and to investigate are the types of events which result in or could
reasonably have resulted in a catastrophic release. Some of the events
are sometimes referred to as ``near misses,'' meaning that a serious
consequence did not occur, but could have.
Employers need to develop in-house capability to investigate
incidents that occur in their facilities. A team needs to be assembled
by the employer and trained in the techniques of investigation including
how to conduct interviews of witnesses, needed documentation and report
writing. A multi-disciplinary team is better able to gather the facts of
the event and to analyze them and develop plausible scenarios as to what
happened, and why. Team members should be selected on the basis of their
training, knowledge and ability to contribute to a team effort to fully
investigate the incident. Employees in the process area where the
incident occurred should be consulted, interviewed or made a member of
the team. Their knowledge of the events form a significant set of facts
about the incident which occurred. The report, its findings and
recommendations are to be shared with those who can benefit from the
information. The cooperation of employees is essential to an effective
incident investigation. The focus of the investigation should be to
obtain facts, and not to place blame. The team and the investigation
process should clearly deal with all involved individuals in a fair,
open and consistent manner.
13. Emergency Preparedness. Each employer must address what actions
employees are to take when there is an unwanted release of highly
hazardous chemicals. Emergency preparedness or the employer's tertiary
(third) lines of defense are those that will be relied on along with the
secondary lines of defense when the primary lines of defense which are
used to prevent an unwanted release fail to stop the release. Employers
will need to decide if they want employees to handle and stop small or
minor incidental releases. Whether they wish to mobilize the available
resources at the plant and have them brought to bear on a more
significant release. Or whether employers want their employees to
evacuate the danger area and promptly escape to a preplanned safe zone
area, and allow the local community emergency response organizations to
handle the release. Or whether the employer wants to use some
combination of these actions. Employers will need to select how many
different emergency preparedness or tertiary lines of defense they plan
to have and then develop the necessary plans and procedures, and
appropriately train employees in their emergency duties and
responsibilities and then implement these lines of defense.
Employers at a minimum must have an emergency action plan which will
facilitate the prompt evacuation of employees due to an unwanted release
of a highly hazardous chemical. This means that the employer will have a
plan that will be activated by an alarm system to alert employees when
to evacuate and, that employees who are physically impaired, will have
the necessary support and assistance to get them to the safe zone as
well. The intent of these requirements is to alert and move employees to
a safe zone quickly. Delaying alarms or confusing alarms are to be
avoided. The use of process control centers or similar process buildings
in the process area as safe areas is discouraged. Recent catastrophes
have shown that a large life loss has occurred in these structures
because of where they have been sited and because they are not
necessarily designed to withstand over-pressures from shockwaves
resulting from explosions in the process area.
Unwanted incidental releases of highly hazardous chemicals in the
process area must be addressed by the employer as to what actions
employees are to take. If the employer wants employees to evacuate the
area, then the emergency action plan will be activated. For outdoor
processes where wind direction is important for selecting the safe route
to a refuge area, the employer should place a wind direction indicator
such as a wind sock or pennant at the highest point that can be seen
throughout the process area. Employees can move in the direction of
cross wind to upwind to gain safe access to the refuge area by knowing
the wind direction.
If the employer wants specific employees in the release area to
control or stop the minor emergency or incidental release, these actions
must be planned for in advance and procedures developed and implemented.
Preplanning for handling incidental releases for minor emergencies in
the process area needs to be done, appropriate equipment for the hazards
must be provided, and training conducted for those employees who will
perform the emergency work before they respond to handle an actual
release. The employer's training program, including the Hazard
Communication standard training is to address the training needs for
employees who are expected to handle incidental or minor releases.
Preplanning for releases that are more serious than incidental
releases is another important line of defense to be used by the
employer. When a serious release of a highly hazardous chemical occurs,
the employer through preplanning will have determined in advance what
actions employees are to take. The evacuation of the immediate release
area and other areas as necessary would be accomplished under the
emergency action
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plan. If the employer wishes to use plant personnel such as a fire
brigade, spill control team, a hazardous materials team, or use
employees to render aid to those in the immediate release area and
control or mitigate the incident, these actions are covered by Sec.
1910.120, the Hazardous Waste Operations and Emergency Response
(HAZWOPER) standard. If outside assistance is necessary, such as through
mutual aid agreements between employers or local government emergency
response organizations, these emergency responders are also covered by
HAZWOPER. The safety and health protections required for emergency
responders are the responsibility of their employers and of the on-scene
incident commander.
Responders may be working under very hazardous conditions and
therefore the objective is to have them competently led by an on-scene
incident commander and the commander's staff, properly equipped to do
their assigned work safely, and fully trained to carry out their duties
safely before they respond to an emergency. Drills, training exercises,
or simulations with the local community emergency response planners and
responder organizations is one means to obtain better preparedness. This
close cooperation and coordination between plant and local community
emergency preparedness managers will also aid the employer in complying
with the Environmental Protection Agency's Risk Management Plan
criteria.
One effective way for medium to large facilities to enhance
coordination and communication during emergencies for on plant
operations and with local community organizations is for employers to
establish and equip an emergency control center. The emergency control
center would be sited in a safe zone area so that it could be occupied
throughout the duration of an emergency. The center would serve as the
major ccommunication link between the on-scene incident commander and
plant or corporate management as well as with the local community
officials. The communication equipment in the emergency control center
should include a network to receive and transmit information by
telephone, radio or other means. It is important to have a backup
communication network in case of power failure or one communication
means fails. The center should also be equipped with the plant layout
and community maps, utility drawings including fire water, emergency
lighting, appropriate reference materials such as a government agency
notification list, company personnel phone list, SARA Title III reports
and safety data sheets, emergency plans and procedures manual, a listing
with the location of emergency response equipment, mutual aid
information, and access to meteorological or weather condition data and
any dispersion modeling data.
14. Compliance Audits. Employers need to select a trained individual
or assemble a trained team of people to audit the process safety
management system and program. A small process or plant may need only
one knowledgeable person to conduct an audit. The audit is to include an
evaluation of the design and effectiveness of the process safety
management system and a field inspection of the safety and health
conditions and practices to verify that the employer's systems are
effectively implemented. The audit should be conducted or lead by a
person knowledgeable in audit techniques and who is impartial towards
the facility or area being audited. The essential elements of an audit
program include planning, staffing, conduting the audit, evaluation and
corrective action, follow-up and documentation.
Planning in advance is essential to the success of the auditing
process. Each employer needs to establish the format, staffing,
scheduling and verification methods prior to conducting the audit. The
format should be designed to provide the lead auditor with a procedure
or checklist which details the requirements of each section of the
standard. The names of the audit team members should be listed as part
of the format as well. The checklist, if properly designed, could serve
as the verification sheet which provides the auditor with the necessary
information to expedite the review and assure that no requirements of
the standard are omitted. This verification sheet format could also
identify those elements that will require evaluation or a response to
correct deficiencies. This sheet could also be used for developing the
follow-up and documentation requirements.
The selection of effective audit team members is critical to the
success of the program. Team members should be chosen for their
experience, knowledge, and training and should be familiar with the
processes and with auditing techniques, practices and procedures. The
size of the team will vary depending on the size and complexity of the
process under consideration. For a large, complex, highly instrumented
plant, it may be desirable to have team members with expertise in
process engineering and design, process chemistry, instrumentation and
computer controls, electrical hazards and classifications, safety and
health disciplines, maintenance, emergency preparedness, warehousing or
shipping, and process safety auditing. The team may use part-time
members to provide for the depth of expertise required as well as for
what is actually done or followed, compared to what is written.
An effective audit includes a review of the relevant documentation
and process safety information, inspection of the physical facilities,
and interviews with all levels of plant personnel. Utilizing the audit
procedure and checklist developed in the
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preplanning stage, the audit team can systematically analyze compliance
with the provisions of the standard and any other corporate policies
that are relevant. For example, the audit team will review all aspects
of the training program as part of the overall audit. The team will
review the written training program for adequacy of content, frequency
of training, effectiveness of training in terms of its goals and
objectives as well as to how it fits into meeting the standard's
requirements, documentation, etc. Through interviews, the team can
determine the employee's knowledge and awareness of the safety
procedures, duties, rules, emergency response assignments, etc. During
the inspection, the team can observe actual practices such as safety and
health policies, procedures, and work authorization practices. This
approach enables the team to identify deficiencies and determine where
corrective actions or improvements are necessary.
An audit is a technique used to gather sufficient facts and
information, including statistical information, to verify compliance
with standards. Auditors should select as part of their preplanning a
sample size sufficient to give a degree of confidence that the audit
reflects the level of compliance with the standard. The audit team,
through this systematic analysis, should document areas which require
corrective action as well as those areas where the process safety
management system is effective and working in an effective manner. This
provides a record of the audit procedures and findings, and serves as a
baseline of operation data for future audits. It will assist future
auditors in determining changes or trends from previous audits.
Corrective action is one of the most important parts of the audit.
It includes not only addressing the identified deficiencies, but also
planning, followup, and documentation. The corrective action process
normally begins with a management review of the audit findings. The
purpose of this review is to determine what actions are appropriate, and
to establish priorities, timetables, resource allocations and
requirements and responsibilities. In some cases, corrective action may
involve a simple change in procedure or minor maintenance effort to
remedy the concern. Management of change procedures need to be used, as
appropriate, even for what may seem to be a minor change. Many of the
deficiencies can be acted on promptly, while some may require
engineering studies or indepth review of actual procedures and
practices. There may be instances where no action is necessary and this
is a valid response to an audit finding. All actions taken, including an
explanation where no action is taken on a finding, needs to be
documented as to what was done and why.
It is important to assure that each deficiency identified is
addressed, the corrective action to be taken noted, and the audit person
or team responsible be properly documented by the employer. To control
the corrective action process, the employer should consider the use of a
tracking system. This tracking system might include periodic status
reports shared with affected levels of management, specific reports such
as completion of an engineering study, and a final implementation report
to provide closure for audit findings that have been through management
of change, if appropriate, and then shared with affected employees and
management. This type of tracking system provides the employer with the
status of the corrective action. It also provides the documentation
required to verify that appropriate corrective actions were taken on
deficiencies identified in the audit.
Appendix D to Sec.1910.119--Sources of Further Information
(Nonmandatory)
1. Center for Chemical Process Safety, American Institute of
Chemical Engineers, 345 East 47th Street, New York, NY 10017, (212) 705-
7319.
2. ``Guidelines for Hazard Evaluation Procedures,'' American
Institute of Chemical Engineers; 345 East 47th Street, New York, NY
10017.
3. ``Guidelines for Technical Management of Chemical Process
Safety,'' Center for Chemical Process Safety of the American Institute
of Chemical Engineers; 345 East 47th Street, New York, NY 10017.
4. ``Evaluating Process Safety in the Chemical Industry,'' Chemical
Manufacturers Association; 2501 M Street NW, Washington, DC 20037.
5. ``Safe Warehousing of Chemicals,'' Chemical Manufacturers
Association; 2501 M Street NW, Washington, DC 20037.
6. ``Management of Process Hazards,'' American Petroleum Institute
(API Recommended Practice 750); 1220 L Street, N.W., Washington, D.C.
20005.
7. ``Improving Owner and Contractor Safety Performance,'' American
Petroleum Institute (API Recommended Practice 2220); API, 1220 L Street
N.W., Washington, D.C. 20005.
8. Chemical Manufacturers Association (CMA's Manager Guide), First
Edition, September 1991; CMA, 2501 M Street, N.W., Washington, D.C.
20037.
9. ``Improving Construction Safety Performance,'' Report A-3, The
Business Roundtable; The Business Roundtable, 200 Park Avenue, New York,
NY 10166. (Report includes criteria to evaluate contractor safety
performance and criteria to enhance contractor safety performance).
10. ``Recommended Guidelines for Contractor Safety and Health,''
Texas Chemical Council; Texas Chemical Council, 1402 Nueces Street,
Austin, TX 78701-1534.
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11. ``Loss Prevention in the Process Industries,'' Volumes I and II;
Frank P. Lees, Butterworth; London 1983.
12. ``Safety and Health Program Management Guidelines,'' 1989; U.S.
Department of Labor, Occupational Safety and Health Administration.
13. ``Safety and Health Guide for the Chemical Industry,'' 1986,
(OSHA 3091); U.S. Department of Labor, Occupational Safety and Health
Administration; 200 Constitution Avenue, N.W., Washington, D.C. 20210.
14. ``Review of Emergency Systems,'' June 1988; U.S. Environmental
Protection Agency (EPA), Office of Solid Waste and Emergency Response,
Washington, DC 20460.
15. ``Technical Guidance for Hazards Analysis, Emergency Planning
for Extremely Hazardous Substances,'' December 1987; U.S. Environmental
Protection Agency (EPA), Federal Emergency Management Administration
(FEMA) and U.S. Department of Transportation (DOT), Washington, DC
20460.
16. ``Accident Investigation * * * A New Approach,'' 1983, National
Safety Council; 444 North Michigan Avenue, Chicago, IL 60611-3991.
17. ``Fire & Explosion Index Hazard Classification Guide,'' 6th
Edition, May 1987, Dow Chemical Company; Midland, Michigan 48674.
18. ``Chemical Exposure Index,'' May 1988, Dow Chemical Company;
Midland, Michigan 48674.
[57 FR 6403, Feb. 24, 1992; 57 FR 7847, Mar. 4, 1992, as amended at 61
FR 9238, Mar. 7, 1996; 67 FR 67964, Nov. 7, 2002; 76 FR 80738, Dec. 27,
2011; 77 FR 17776, Mar. 26, 2012; 78 FR 9313, Feb. 8, 2013; 84 FR 15102,
Apr. 15, 2019]
Sec.1910.120 Hazardous waste operations and emergency response.
(a) Scope, application, and definitions--(1) Scope. This section
covers the following operations, unless the employer can demonstrate
that the operation does not involve employee exposure or the reasonable
possibility for employee exposure to safety or health hazards:
(i) Clean-up operations required by a governmental body, whether
Federal, state, local or other involving hazardous substances that are
conducted at uncontrolled hazardous waste sites (including, but not
limited to, the EPA's National Priority Site List (NPL), state priority
site lists, sites recommended for the EPA NPL, and initial
investigations of government identified sites which are conducted before
the presence or absence of hazardous substances has been ascertained);
(ii) Corrective actions involving clean-up operations at sites
covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as
amended (42 U.S.C. 6901 et seq.);
(iii) Voluntary clean-up operations at sites recognized by Federal,
state, local or other governmental bodies as uncontrolled hazardous
waste sites;
(iv) Operations involving hazardous wastes that are conducted at
treatment, storage, and disposal (TSD) facilities regulated by 40 CFR
parts 264 and 265 pursuant to RCRA; or by agencies under agreement with
U.S.E.P.A. to implement RCRA regulations; and
(v) Emergency response operations for releases of, or substantial
threats of releases of, hazardous substances without regard to the
location of the hazard.
(2) Application. (i) All requirements of part 1910 and part 1926 of
title 29 of the Code of Federal Regulations apply pursuant to their
terms to hazardous waste and emergency response operations whether
covered by this section or not. If there is a conflict or overlap, the
provision more protective of employee safety and health shall apply
without regard to 29 CFR 1910.5(c)(1).
(ii) Hazardous substance clean-up operations within the scope of
paragraphs (a)(1)(i) through (a)(1)(iii) of this section must comply
with all paragraphs of this section except paragraphs (p) and (q).
(iii) Operations within the scope of paragraph (a)(1)(iv) of this
section must comply only with the requirements of paragraph (p) of this
section.
Notes and Exceptions: (A) All provisions of paragraph (p) of this
section cover any treatment, storage or disposal (TSD) operation
regulated by 40 CFR parts 264 and 265 or by state law authorized under
RCRA, and required to have a permit or interim status from EPA pursuant
to 40 CFR 270.1 or from a state agency pursuant to RCRA.
(B) Employers who are not required to have a permit or interim
status because they are conditionally exempt small quantity generators
under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for
exemptions from regulation under 40 CFR parts 264, 265 and 270
(``excepted employers'') are not covered by paragraphs (p)(1) through
(p)(7) of this section. Excepted employers who are required by the EPA
or state agency
[[Page 370]]
to have their employees engage in emergency response or who direct their
employees to engage in emergency response are covered by paragraph
(p)(8) of this section, and cannot be exempted by (p)(8)(i) of this
section. Excepted employers who are not required to have employees
engage in emergency response, who direct their employees to evacuate in
the case of such emergencies and who meet the requirements of paragraph
(p)(8)(i) of this section are exempt from the balance of paragraph
(p)(8) of this section.
(C) If an area is used primarily for treatment, storage or disposal,
any emergency response operations in that area shall comply with
paragraph (p)(8) of this section. In other areas not used primarily for
treatment, storage, or disposal, any emergency response operations shall
comply with paragraph (q) of this section. Compliance with the
requirements of paragraph (q) of this section shall be deemed to be in
compliance with the requirements of paragraph (p)(8) of this section.
(iv) Emergency response operations for releases of, or substantial
threats of releases of, hazardous substances which are not covered by
paragraphs (a)(1)(i) through (a)(1)(iv) of this section must only comply
with the requirements of paragraph (q) of this section.
(3) Definitions--Buddy system means a system of organizing employees
into work groups in such a manner that each employee of the work group
is designated to be observed by at least one other employee in the work
group. The purpose of the buddy system is to provide rapid assistance to
employees in the event of an emergency.
Clean-up operation means an operation where hazardous substances are
removed, contained, incinerated, neutralized, stabilized, cleared-up, or
in any other manner processed or handled with the ultimate goal of
making the site safer for people or the environment.
Decontamination means the removal of hazardous substances from
employees and their equipment to the extent necessary to preclude the
occurrence of foreseeable adverse health affects.
Emergency response or responding to emergencies means a response
effort by employees from outside the immediate release area or by other
designated responders (i.e., mutual-aid groups, local fire departments,
etc.) to an occurrence which results, or is likely to result, in an
uncontrolled release of a hazardous substance. Responses to incidental
releases of hazardous substances where the substance can be absorbed,
neutralized, or otherwise controlled at the time of release by employees
in the immediate release area, or by maintenance personnel are not
considered to be emergency responses within the scope of this standard.
Responses to releases of hazardous substances where there is no
potential safety or health hazard (i.e., fire, explosion, or chemical
exposure) are not considered to be emergency responses.
Facility means (A) any building, structure, installation, equipment,
pipe or pipeline (including any pipe into a sewer or publicly owned
treatment works), well, pit, pond, lagoon, impoundment, ditch, storage
container, motor vehicle, rolling stock, or aircraft, or (B) any site or
area where a hazardous substance has been deposited, stored, disposed
of, or placed, or otherwise come to be located; but does not include any
consumer product in consumer use or any water-borne vessel.
Hazardous materials response (HAZMAT) team means an organized group
of employees, designated by the employer, who are expected to perform
work to handle and control actual or potential leaks or spills of
hazardous substances requiring possible close approach to the substance.
The team members perform responses to releases or potential releases of
hazardous substances for the purpose of control or stabilization of the
incident. A HAZMAT team is not a fire brigade nor is a typical fire
brigade a HAZMAT team. A HAZMAT team, however, may be a separate
component of a fire brigade or fire department.
Hazardous substance means any substance designated or listed under
paragraphs (A) through (D) of this definition, exposure to which results
or may result in adverse affects on the health or safety of employees:
(A) Any substance defined under section 103(14) of the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) (42
U.S.C. 9601).
(B) Any biological agent and other disease-causing agent which after
release into the environment and upon
[[Page 371]]
exposure, ingestion, inhalation, or assimilation into any person, either
directly from the environment or indirectly by ingestion through food
chains, will or may reasonably be anticipated to cause death, disease,
behavioral abnormalities, cancer, genetic mutation, physiological
malfunctions (including malfunctions in reproduction) or physical
deformations in such persons or their offspring;
(C) Any substance listed by the U.S. Department of Transportation as
hazardous materials under 49 CFR 172.101 and appendices; and
(D) Hazardous waste as herein defined.
Hazardous waste means--
(A) A waste or combination of wastes as defined in 40 CFR 261.3, or
(B) Those substances defined as hazardous wastes in 49 CFR 171.8.
Hazardous waste operation means any operation conducted within the
scope of this standard.
Hazardous waste site or Site means any facility or location within
the scope of this standard at which hazardous waste operations take
place.
Health hazard means a chemical or a pathogen where acute or chronic
health effects may occur in exposed employees. It also includes stress
due to temperature extremes. The term health hazard includes chemicals
that are classified in accordance with the Hazard Communication
Standard, 29 CFR 1910.1200, as posing one of the following hazardous
effects: Acute toxicity (any route of exposure); skin corrosion or
irritation; serious eye damage or eye irritation; respiratory or skin
sensitization; germ cell mutagenicity; carcinogenicity; reproductive
toxicity; specific target organ toxicity (single or repeated exposure);
aspiration toxicity or simple asphyxiant. (See Appendix A to Sec.
1910.1200--Health Hazard Criteria (Mandatory) for the criteria for
determining whether a chemical is classified as a health hazard.)
IDLH orImmediately dangerous to life or health means an atmospheric
concentration of any toxic, corrosive or asphyxiant substance that poses
an immediate threat to life or would cause irreversible or delayed
adverse health effects or would interfere with an individual's ability
to escape from a dangerous atmosphere.
Oxygen deficiency means that concentration of oxygen by volume below
which atmosphere supplying respiratory protection must be provided. It
exists in atmospheres where the percentage of oxygen by volume is less
than 19.5 percent oxygen.
Permissible exposure limit means the exposure, inhalation or dermal
permissible exposure limit specified in 29 CFR part 1910, subparts G and
Z.
Published exposure level means the exposure limits published in
``NIOSH Recommendations for Occupational Health Standards'' dated 1986,
which is incorporated by reference as specified in Sec.1910.6 or if
none is specified, the exposure limits published in the standards
specified by the American Conference of Governmental Industrial
Hygienists in their publication ``Threshold Limit Values and Biological
Exposure Indices for 1987-88'' dated 1987, which is incorporated by
reference as specified in Sec.1910.6.
Post emergency response means that portion of an emergency response
performed after the immediate threat of a release has been stabilized or
eliminated and clean-up of the site has begun. If post emergency
response is performed by an employer's own employees who were part of
the initial emergency response, it is considered to be part of the
initial response and not post emergency response. However, if a group of
an employer's own employees, separate from the group providing initial
response, performs the clean-up operation, then the separate group of
employees would be considered to be performing post-emergency response
and subject to paragraph (q)(11) of this section.
Qualified person means a person with specific training, knowledge
and experience in the area for which the person has the responsibility
and the authority to control.
Site safety and health supervisor (or official) means the individual
located on a hazardous waste site who is responsible to the employer and
has the authority and knowledge necessary to implement the site safety
and health plan and verify compliance with applicable safety and health
requirements.
[[Page 372]]
Small quantity qenerator means a generator of hazardous wastes who
in any calendar month generates no more than 1,000 kilograms (2,205
pounds) of hazardous waste in that month.
Uncontrolled hazardous waste site, means an area identified as an
uncontrolled hazardous waste site by a governmental body, whether
Federal, state, local or other where an accumulation of hazardous
substances creates a threat to the health and safety of individuals or
the environment or both. Some sites are found on public lands such as
those created by former municipal, county or state landfills where
illegal or poorly managed waste disposal has taken place. Other sites
are found on private property, often belonging to generators or former
generators of hazardous substance wastes. Examples of such sites
include, but are not limited to, surface impoundments, landfills, dumps,
and tank or drum farms. Normal operations at TSD sites are not covered
by this definition.
(b) Safety and health program.
Note to (b): Safety and health programs developed and implemented to
meet other Federal, state, or local regulations are considered
acceptable in meeting this requirement if they cover or are modified to
cover the topics required in this paragraph. An additional or separate
safety and health program is not required by this paragraph.
(1) General. (i) Employers shall develop and implement a written
safety and health program for their employees involved in hazardous
waste operations. The program shall be designed to identify, evaluate,
and control safety and health hazards, and provide for emergency
response for hazardous waste operations.
(ii) The written safety and health program shall incorporate the
following:
(A) An organizational structure;
(B) A comprehensive workplan;
(C) A site-specific safety and health plan which need not repeat the
employer's standard operating procedures required in paragraph
(b)(1)(ii)(F) of this section;
(D) The safety and health training program;
(E) The medical surveillance program;
(F) The employer's standard operating procedures for safety and
health; and
(G) Any necessary interface between general program and site
specific activities.
(iii) Site excavation. Site excavations created during initial site
preparation or during hazardous waste operations shall be shored or
sloped as appropriate to prevent accidental collapse in accordance with
subpart P of 29 CFR part 1926.
(iv) Contractors and sub-contractors. An employer who retains
contractor or sub-contractor services for work in hazardous waste
operations shall inform those contractors, sub-contractors, or their
representatives of the site emergency response procedures and any
potential fire, explosion, health, safety or other hazards of the
hazardous waste operation that have been identified by the employer,
including those identified in the employer's information program.
(v) Program availability. The written safety and health program
shall be made available to any contractor or subcontractor or their
representative who will be involved with the hazardous waste operation;
to employees; to employee designated representatives; to OSHA personnel,
and to personnel of other Federal, state, or local agencies with
regulatory authority over the site.
(2) Organizational structure part of the site program--(i) The
organizationa1 structure part of the program shall establish the
specific chain of command and specify the overall responsibilities of
supervisors and employees. It shall include, at a minimum, the following
elements:
(A) A general supervisor who has the responsibility and authority to
direct all hazardous waste operations.
(B) A site safety and health supervisor who has the responsibility
and authority to develop and implement the site safety and health plan
and verify compliance.
(C) All other personnel needed for hazardous waste site operations
and emergency response and their general functions and responsibilities.
(D) The lines of authority, responsibility, and communication.
[[Page 373]]
(ii) The organizational structure shall be reviewed and updated as
necessary to reflect the current status of waste site operations.
(3) Comprehensive workplan part of the site program. The
comprehensive workplan part of the program shall address the tasks and
objectives of the site operations and the logistics and resources
required to reach those tasks and objectives.
(i) The comprehensive workplan shall address anticipated clean-up
activities as well as normal operating procedures which need not repeat
the employer's procedures available elsewhere.
(ii) The comprehensive workplan shall define work tasks and
objectives and identify the methods for accomplishing those tasks and
objectives.
(iii) The comprehensive workplan shall establish personnel
requirements for implementing the plan.
(iv) The comprehensive workplan shall provide for the implementation
of the training required in paragraph (e) of this section.
(v) The comprehensive workplan shall provide for the implementation
of the required informational programs required in paragraph (i) of this
section.
(vi) The comprehensive workplan shall provide for the implementation
of the medical surveillance program described in paragraph (f) of this
section.
(4) Site-specific safety and health plan part of the program--(i)
General. The site safety and health plan, which must be kept on site,
shall address the safety and health hazards of each phase of site
operation and include the requirements and procedures for employee
protection.
(ii) Elements. The site safety and health plan, as a minimum, shall
address the following:
(A) A safety and health risk or hazard analysis for each site task
and operation found in the workplan.
(B) Employee training assignments to assure compliance with
paragraph (e) of this section.
(C) Personal protective equipment to be used by employees for each
of the site tasks and operations being conducted as required by the
personal protective equipment program in paragraph (g)(5) of this
section.
(D) Medical surveillance requirements in accordance with the program
in paragraph (f) of this section.
(E) Frequency and types of air monitoring, personnel monitoring, and
environmental sampling techniques and instrumentation to be used,
including methods of maintenance and calibration of monitoring and
sampling equipment to be used.
(F) Site control measures in accordance with the site control
program required in paragraph (d) of this section.
(G) Decontamination procedures in accordance with paragraph (k) of
this section.
(H) An emergency response plan meeting the requirements of paragraph
(l) of this section for safe and effective responses to emergencies,
including the necessary PPE and other equipment.
(I) Confined space entry procedures.
(J) A spill containment program meeting the requirements of
paragraph (j) of this section.
(iii) Pre-entry briefing. The site specific safety and health plan
shall provide for pre-entry briefings to be held prior to initiating any
site activity, and at such other times as necessary to ensure that
employees are apprised of the site safety and health plan and that this
plan is being followed. The information and data obtained from site
characterization and analysis work required in paragraph (c) of this
section shall be used to prepare and update the site safety and health
plan.
(iv) Effectiveness of site safety and health plan. Inspections shall
be conducted by the site safety and health supervisor or, in the absence
of that individual, another individual who is knowledgeable in
occupational safety and health, acting on behalf of the employer as
necessary to determine the effectiveness of the site safety and health
plan. Any deficiencies in the effectiveness of the site safety and
health plan shall be corrected by the employer.
(c) Site characterization and analysis--(1) General. Hazardous waste
sites shall be evaluated in accordance with this paragraph to identify
specific site hazards and to determine the appropriate safety and health
control procedures
[[Page 374]]
needed to protect employees from the identified hazards.
(2) Preliminary evaluation. A preliminary evaluation of a site's
characteristics shall be performed prior to site entry by a qualified
person in order to aid in the selection of appropriate employee
protection methods prior to site entry. Immediately after initial site
entry, a more detailed evaluation of the site's specific characteristics
shall be performed by a qualified person in order to further identify
existing site hazards and to further aid in the selection of the
appropriate engineering controls and personal protective equipment for
the tasks to be performed.
(3) Hazard identification. All suspected conditions that may pose
inhalation or skin absorption hazards that are immediately dangerous to
life or health (IDLH), or other conditions that may cause death or
serious harm, shall be identified during the preliminary survey and
evaluated during the detailed survey. Examples of such hazards include,
but are not limited to, confined space entry, potentially explosive or
flammable situations, visible vapor clouds, or areas where biological
indicators such as dead animals or vegetation are located.
(4) Required information. The following information to the extent
available shall be obtained by the employer prior to allowing employees
to enter a site:
(i) Location and approximate size of the site.
(ii) Description of the response activity and/or the job task to be
performed.
(iii) Duration of the planned employee activity.
(iv) Site topography and accessibility by air and roads.
(v) Safety and health hazards expected at the site.
(vi) Pathways for hazardous substance dispersion.
(vii) Present status and capabilities of emergency response teams
that would provide assistance to hazardous waste clean-up site employees
at the time of an emergency.
(viii) Hazardous substances and health hazards involved or expected
at the site, and their chemical and physical properties.
(5) Personal protective equipment. Personal protective equipment
(PPE) shall be provided and used during initial site entry in accordance
with the following requirements:
(i) Based upon the results of the preliminary site evaluation, an
ensemble of PPE shall be selected and used during initial site entry
which will provide protection to a level of exposure below permissible
exposure limits and published exposure levels for known or suspected
hazardous substances and health hazards, and which will provide
protection against other known and suspected hazards identified during
the preliminary site evaluation. If there is no permissible exposure
limit or published exposure level, the employer may use other published
studies and information as a guide to appropriate personal protective
equipment.
(ii) If positive-pressure self-contained breathing apparatus is not
used as part of the entry ensemble, and if respiratory protection is
warranted by the potential hazards identified during the preliminary
site evaluation, an escape self-contained breathing apparatus of at
least five minute's duration shall be carried by employees during
initial site entry.
(iii) If the preliminary site evaluation does not produce sufficient
information to identify the hazards or suspected hazards of the site, an
ensemble providing protection equivalent to Level B PPE shall be
provided as minimum protection, and direct reading instruments shall be
used as appropriate for identifying IDLH conditions. (See appendix B for
a description of Level B hazards and the recommendations for Level B
protective equipment.)
(iv) Once the hazards of the site have been identified, the
appropriate PPE shall be selected and used in accordance with paragraph
(g) of this section.
(6) Monitoring. The following monitoring shall be conducted during
initial site entry when the site evaluation produces information that
shows the potential for ionizing radiation or IDLH conditions, or when
the site information is not sufficient reasonably to eliminate these
possible conditions:
[[Page 375]]
(i) Monitoring with direct reading instruments for hazardous levels
of ionizing radiation.
(ii) Monitoring the air with appropriate direct reading test
equipment (i.e., combustible gas meters, detector tubes) for IDLH and
other conditions that may cause death or serious harm (combustible or
explosive atmospheres, oxygen deficiency, toxic substances).
(iii) Visually observing for signs of actual or potential IDLH or
other dangerous conditions.
(iv) An ongoing air monitoring program in accordance with paragraph
(h) of this section shall be implemented after site characterization has
determined the site is safe for the start-up of operations.
(7) Risk identification. Once the presence and concentrations of
specific hazardous substances and health hazards have been established,
the risks associated with these substances shall be identified.
Employees who will be working on the site shall be informed of any risks
that have been identified. In situations covered by the Hazard
Communication Standard, 29 CFR 1910.1200, training required by that
standard need not be duplicated.
Note to paragraph (c)(7): Risks to consider include, but are not
limited to:
(a) Exposures exceeding the permissible exposure limits and
published exposure levels.
(b) IDLH concentrations.
(c) Potential skin absorption and irritation sources.
(d) Potential eye irritation sources.
(e) Explosion sensitivity and flammability ranges.
(f) Oxygen deficiency.
(8) Employee notification. Any information concerning the chemical,
physical, and toxicologic properties of each substance known or expected
to be present on site that is available to the employer and relevant to
the duties an employee is expected to perform shall be made available to
the affected employees prior to the commencement of their work
activities. The employer may utilize information developed for the
hazard communication standard for this purpose.
(d) Site control--(1) General. Appropriate site control procedures
shall be implemented to control employee exposure to hazardous
substances before clean-up work begins.
(2) Site control program. A site control program for protecting
employees which is part of the employer's site safety and health program
required in paragraph (b) of this section shall be developed during the
planning stages of a hazardous waste clean-up operation and modified as
necessary as new information becomes available.
(3) Elements of the site control program. The site control program
shall, as a minimum, include: A site map; site work zones; the use of a
``buddy system''; site communications including alerting means for
emergencies; the standard operating procedures or safe work practices;
and, identification of the nearest medical assistance. Where these
requirements are covered elsewhere they need not be repeated.
(e) Training--(1) General. (i) All employees working on site (such
as but not limited to equipment operators, general laborers and others)
exposed to hazardous substances, health hazards, or safety hazards and
their supervisors and management responsible for the site shall receive
training meeting the requirements of this paragraph before they are
permitted to engage in hazardous waste operations that could expose them
to hazardous substances, safety, or health hazards, and they shall
receive review training as specified in this paragraph.
(ii) Employees shall not be permitted to participate in or supervise
field activities until they have been trained to a level required by
their job function and responsibility.
(2) Elements to be covered. The training shall thoroughly cover the
following:
(i) Names of personnel and alternates responsible for site safety
and health;
(ii) Safety, health and other hazards present on the site;
(iii) Use of personal protective equipment;
(iv) Work practices by which the employee can minimize risks from
hazards;
(v) Safe use of engineering controls and equipment on the site;
(vi) Medical surveillance requirements, including recognition of
symptoms and signs which might indicate overexposure to hazards; and
[[Page 376]]
(vii) The contents of paragraphs (G) through (J) of the site safety
and health plan set forth in paragraph (b)(4)(ii) of this section.
(3) Initial training. (i) General site workers (such as equipment
operators, general laborers and supervisory personnel) engaged in
hazardous substance removal or other activities which expose or
potentially expose workers to hazardous substances and health hazards
shall receive a minimum of 40 hours of instruction off the site, and a
minimum of three days actual field experience under the direct
supervision of a trained, experienced supervisor.
(ii) Workers on site only occasionally for a specific limited task
(such as, but not limited to, ground water monitoring, land surveying,
or geo-physical surveying) and who are unlikely to be exposed over
permissible exposure limits and published exposure limits shall receive
a minimum of 24 hours of instruction off the site, and the minimum of
one day actual field experience under the direct supervision of a
trained, experienced supervisor.
(iii) Workers regularly on site who work in areas which have been
monitored and fully characterized indicating that exposures are under
permissible exposure limits and published exposure limits where
respirators are not necessary, and the characterization indicates that
there are no health hazards or the possibility of an emergency
developing, shall receive a minimum of 24 hours of instruction off the
site and the minimum of one day actual field experience under the direct
supervision of a trained, experienced supervisor.
(iv) Workers with 24 hours of training who are covered by paragraphs
(e)(3)(ii) and (e)(3)(iii) of this section, and who become general site
workers or who are required to wear respirators, shall have the
additional 16 hours and two days of training necessary to total the
training specified in paragraph (e)(3)(i).
(4) Management and supervisor training. On-site management and
supervisors directly responsible for, or who supervise employees engaged
in, hazardous waste operations shall receive 40 hours initial training,
and three days of supervised field experience (the training may be
reduced to 24 hours and one day if the only area of their responsibility
is employees covered by paragraphs (e)(3)(ii) and (e)(3)(iii)) and at
least eight additional hours of specialized training at the time of job
assignment on such topics as, but not limited to, the employer's safety
and health program and the associated employee training program,
personal protective equipment program, spill containment program, and
health hazard monitoring procedure and techniques.
(5) Qualifications for trainers. Trainers shall be qualified to
instruct employees about the subject matter that is being presented in
training. Such trainers shall have satisfactorily completed a training
program for teaching the subjects they are expected to teach, or they
shall have the academic credentials and instructional experience
necessary for teaching the subjects. Instructors shall demonstrate
competent instructional skills and knowledge of the applicable subject
matter.
(6) Training certification. Employees and supervisors that have
received and successfully completed the training and field experience
specified in paragraphs (e)(1) through (e)(4) of this section shall be
certified by their instructor or the head instructor and trained
supervisor as having successfully completed the necessary training. A
written certificate shall be given to each person so certified. Any
person who has not been so certified or who does not meet the
requirements of paragraph (e)(9) of this section shall be prohibited
from engaging in hazardous waste operations.
(7) Emergency response. Employees who are engaged in responding to
hazardous emergency situations at hazardous waste clean-up sites that
may expose them to hazardous substances shall be trained in how to
respond to such expected emergencies.
(8) Refresher training. Employees specified in paragraph (e)(1) of
this section, and managers and supervisors specified in paragraph (e)(4)
of this section, shall receive eight hours of refresher training
annually on the items specified in paragraph (e)(2) and/or (e)(4) of
this section, any critique of incidents that have occurred in the past
year that can serve as training examples of related work, and other
relevant topics.
[[Page 377]]
(9) Equivalent training. Employers who can show by documentation or
certification that an employee's work experience and/or training has
resulted in training equivalent to that training required in paragraphs
(e)(1) through (e)(4) of this section shall not be required to provide
the initial training requirements of those paragraphs to such employees
and shall provide a copy of the certification or documentation to the
employee upon request. However, certified employees or employees with
equivalent training new to a site shall receive appropriate, site
specific training before site entry and have appropriate supervised
field experience at the new site. Equivalent training includes any
academic training or the training that existing employees might have
already received from actual hazardous waste site work experience.
(f) Medical surveillance--(1) General. Employers engaged in
operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this
section and not covered by (a)(2)(iii) exceptions and employers of
employees specified in paragraph (q)(9) shall institute a medical
surveillance program in accordance with this paragraph.
(2) Employees covered. The medical surveillance program shall be
instituted by the employer for the following employees:
(i) All employees who are or may be exposed to hazardous substances
or health hazards at or above the permissible exposure limits or, if
there is no permissible exposure limit, above the published exposure
levels for these substances, without regard to the use of respirators,
for 30 days or more a year;
(ii) All employees who wear a respirator for 30 days or more a year
or as required by Sec.1910.134;
(iii) All employees who are injured, become ill or develop signs or
symptoms due to possible overexposure involving hazardous substances or
health hazards from an emergency response or hazardous waste operation;
and
(iv) Members of HAZMAT teams.
(3) Frequency of medical examinations and consultations. Medical
examinations and consultations shall be made available by the employer
to each employee covered under paragraph (f)(2) of this section on the
following schedules:
(i) For employees covered under paragraphs (f)(2)(i), (f)(2)(ii),
and (f)(2)(iv):
(A) Prior to assignment;
(B) At least once every twelve months for each employee covered
unless the attending physician believes a longer interval (not greater
than biennially) is appropriate;
(C) At termination of employment or reassignment to an area where
the employee would not be covered if the employee has not had an
examination within the last six months;
(D) As soon as possible upon notification by an employee that the
employee has developed signs or symptoms indicating possible
overexposure to hazardous substances or health hazards, or that the
employee has been injured or exposed above the permissible exposure
limits or published exposure levels in an emergency situation;
(E) At more frequent times, if the examining physician determines
that an increased frequency of examination is medically necessary.
(ii) For employees covered under paragraph (f)(2)(iii) and for all
employees including those of employers covered by paragraph (a)(1)(v)
who may have been injured, received a health impairment, developed signs
or symptoms which may have resulted from exposure to hazardous
substances resulting from an emergency incident, or exposed during an
emergency incident to hazardous substances at concentrations above the
permissible exposure limits or the published exposure levels without the
necessary personal protective equipment being used:
(A) As soon as possible following the emergency incident or
development of signs or symptoms;
(B) At additional times, if the examining physician determines that
follow-up examinations or consultations are medically necessary.
(4) Content of medical examinations and consultations. (i) Medical
examinations required by paragraph (f)(3) of this section shall include
a medical and work history (or updated history if one is in the
employee's file) with special emphasis on symptoms related to the
handling of hazardous substances and
[[Page 378]]
health hazards, and to fitness for duty including the ability to wear
any required PPE under conditions (i.e., temperature extremes) that may
be expected at the work site.
(ii) The content of medical examinations or consultations made
available to employees pursuant to paragraph (f) shall be determined by
the attending physician. The guidelines in the Occupational Safety and
Health Guidance Manual for Hazardous Waste Site Activities (See appendix
D, Reference 10) should be consulted.
(5) Examination by a physician and costs. All medical examinations
and procedures shall be performed by or under the supervision of a
licensed physician, preferably one knowledgeable in occupational
medicine, and shall be provided without cost to the employee, without
loss of pay, and at a reasonable time and place.
(6) Information provided to the physician. The employer shall
provide one copy of this standard and its appendices to the attending
physician, and in addition the following for each employee:
(i) A description of the employee's duties as they relate to the
employee's exposures.
(ii) The employee's exposure levels or anticipated exposure levels.
(iii) A description of any personal protective equipment used or to
be used.
(iv) Information from previous medical examinations of the employee
which is not readily available to the examining physician.
(v) Information required by Sec.1910.134.
(7) Physician's written opinion. (i) The employer shall obtain and
furnish the employee with a copy of a written opinion from the attending
physician containing the following:
(A) The physician's opinion as to whether the employee has any
detected medical conditions which would place the employee at increased
risk of material impairment of the employee's health from work in
hazardous waste operations or emergency response, or from respirator
use.
(B) The physician's recommended limitations upon the employee's
assigned work.
(C) The results of the medical examination and tests if requested by
the employee.
(D) A statement that the employee has been informed by the physician
of the results of the medical examination and any medical conditions
which require further examination or treatment.
(ii) The written opinion obtained by the employer shall not reveal
specific findings or diagnoses unrelated to occupational exposures.
(8) Recordkeeping. (i) An accurate record of the medical
surveillance required by paragraph (f) of this section shall be
retained. This record shall be retained for the period specified and
meet the criteria of 29 CFR 1910.1020.
(ii) The record required in paragraph (f)(8)(i) of this section
shall include at least the following information:
(A) The name of the employee;
(B) Physician's written opinions, recommended limitations, and
results of examinations and tests;
(C) Any employee medical complaints related to exposure to hazardous
substances;
(D) A copy of the information provided to the examining physician by
the employer, with the exception of the standard and its appendices.
(g) Engineering controls, work practices, and personal protective
equipment for employee protection. Engineering controls, work practices,
personal protective equipment, or a combination of these shall be
implemented in accordance with this paragraph to protect employees from
exposure to hazardous substances and safety and health hazards.
(1) Engineering controls, work practices and PPE for substances
regulated in subparts G and Z. (i) Engineering controls and work
practices shall be instituted to reduce and maintain employee exposure
to or below the permissible exposure limits for substances regulated by
29 CFR part 1910, to the extent required by subpart Z, except to the
extent that such controls and practices are not feasible.
Note to paragraph (g)(1)(i): Engineering controls which may be
feasible include the use of pressurized cabs or control booths on
equipment, and/or the use of remotely operated material handling
equipment. Work
[[Page 379]]
practices which may be feasible are removing all non-essential employees
from potential exposure during opening of drums, wetting down dusty
operations and locating employees upwind of possible hazards.
(ii) Whenever engineering controls and work practices are not
feasible or not required, any reasonable combination of engineering
controls, work practices and PPE shall be used to reduce and maintain
employee exposures to or below the permissible exposure limits or dose
limits for substances regulated by 29 CFR part 1910, subpart Z.
(iii) The employer shall not implement a schedule of employee
rotation as a means of compliance with permissible exposure limits or
dose limits except when there is no other feasible way of complying with
the airborne or dermal dose limits for ionizing radiation.
(iv) The provisions of 29 CFR, subpart G, shall be followed.
(2) Engineering controls, work practices, and PPE for substances not
regulated in subparts G and Z. An appropriate combination of engineering
controls, work practices and personal protective equipment shall be used
to reduce and maintain employee exposure to or below published exposure
levels for hazardous substances and health hazards not regulated by 29
CFR part 1910, subparts G and Z. The employer may use the published
literature and SDS as a guide in making the employer's determination as
to what level of protection the employer believes is appropriate for
hazardous substances and health hazards for which there is no
permissible exposure limit or published exposure limit.
(3) Personal protective equipment selection. (i) Personal protective
equipment (PPE) shall be selected and used which will protect employees
from the hazards and potential hazards they are likely to encounter as
identified during the site characterization and analysis.
(ii) Personal protective equipment selection shall be based on an
evaluation of the performance characteristics of the PPE relative to the
requirements and limitations of the site, the task-specific conditions
and duration, and the hazards and potential hazards identified at the
site.
(iii) Positive pressure self-contained breathing apparatus, or
positive pressure air-line respirators equipped with an escape air
supply, shall be used when chemical exposure levels present will create
a substantial possibility of immediate death, immediate serious illness
or injury, or impair the ability to escape.
(iv) Totally-encapsulating chemical protective suits (protection
equivalent to Level A protection as recommended in appendix B) shall be
used in conditions where skin absorption of a hazardous substance may
result in a substantial possibility of immediate death, immediate
serious illness or injury, or impair the ability to escape.
(v) The level of protection provided by PPE selection shall be
increased when additional information on site conditions indicates that
increased protection is necessary to reduce employee exposures below
permissible exposure limits and published exposure levels for hazardous
substances and health hazards. (See appendix B for guidance on selecting
PPE ensembles.)
Note to paragraph (g)(3): The level of employee protection provided
may be decreased when additional information or site conditions show
that decreased protection will not result in hazardous exposures to
employees.
(vi) Personal protective equipment shall be selected and used to
meet the requirements of 29 CFR part 1910, subpart I, and additional
requirements specified in this section.
(4) Totally-encapsulating chemical protective suits. (i) Totally-
encapsulating suits shall protect employees from the particular hazards
which are identified during site characterization and analysis.
(ii) Totally-encapsulating suits shall be capable of maintaining
positive air pressure. (See appendix A for a test method which may be
used to evaluate this requirement.)
(iii) Totally-encapsulating suits shall be capable of preventing
inward test gas leakage of more than 0.5 percent. (See appendix A for a
test method which may be used to evaluate this requirement.)
(5) Personal protective equipment (PPE) program. A written personal
protective equipment program, which is part of
[[Page 380]]
the employer's safety and health program required in paragraph (b) of
this section or required in paragraph (p)(1) of this section and which
is also a part of the site-specific safety and health plan shall be
established. The PPE program shall address the elements listed below.
When elements, such as donning and doffing procedures, are provided by
the manufacturer of a piece of equipment and are attached to the plan,
they need not be rewritten into the plan as long as they adequately
address the procedure or element.
(i) PPE selection based upon site hazards,
(ii) PPE use and limitations of the equipment,
(iii) Work mission duration,
(iv) PPE maintenance and storage,
(v) PPE decontamination and disposal,
(vi) PPE training and proper fitting,
(vii) PPE donning and doffing procedures,
(viii) PPE inspection procedures prior to, during, and after use,
(ix) Evaluation of the effectiveness of the PPE program, and
(x) Limitations during temperature extremes, heat stress, and other
appropriate medical considerations.
(h) Monitoring--(1) General. (i) Monitoring shall be performed in
accordance with this paragraph where there may be a question of employee
exposure to hazardous concentrations of hazardous substances in order to
assure proper selection of engineering controls, work practices and
personal protective equipment so that employees are not exposed to
levels which exceed permissible exposure limits, or published exposure
levels if there are no permissible exposure limits, for hazardous
substances.
(ii) Air monitoring shall be used to identify and quantify airborne
levels of hazardous substances and safety and health hazards in order to
determine the appropriate level of employee protection needed on site.
(2) Initial entry. Upon initial entry, representative air monitoring
shall be conducted to identify any IDLH condition, exposure over
permissible exposure limits or published exposure levels, exposure over
a radioactive material's dose limits or other dangerous condition such
as the presence of flammable atmospheres or oxygen-deficient
environments.
(3) Periodic monitoring. Periodic monitoring shall be conducted when
the possibility of an IDLH condition or flammable atmosphere has
developed or when there is indication that exposures may have risen over
permissible exposure limits or published exposure levels since prior
monitoring. Situations where it shall be considered whether the
possibility that exposures have risen are as follows:
(i) When work begins on a different portion of the site.
(ii) When contaminants other than those previously identified are
being handled.
(iii) When a different type of operation is initiated (e.g., drum
opening as opposed to exploratory well drilling).
(iv) When employees are handling leaking drums or containers or
working in areas with obvious liquid contamination (e.g., a spill or
lagoon).
(4) Monitoring of high-risk employees. After the actual clean-up
phase of any hazardous waste operation commences; for example, when
soil, surface water or containers are moved or disturbed; the employer
shall monitor those employees likely to have the highest exposures to
hazardous substances and health hazards likely to be present above
permissible exposure limits or published exposure levels by using
personal sampling frequently enough to characterize employee exposures.
If the employees likely to have the highest exposure are over
permissible exposure limits or published exposure limits, then
monitoring shall continue to determine all employees likely to be above
those limits. The employer may utilize a representative sampling
approach by documenting that the employees and chemicals chosen for
monitoring are based on the criteria stated above.
Note to paragraph (h): It is not required to monitor employees
engaged in site characterization operations covered by paragraph (c) of
this section.
(i) Informational programs. Employers shall develop and implement a
program, which is part of the employer's safety and health program
required in paragraph (b) of this section, to inform
[[Page 381]]
employees, contractors, and subcontractors (or their representative)
actually engaged in hazardous waste operations of the nature, level and
degree of exposure likely as a result of participation in such hazardous
waste operations. Employees, contractors and subcontractors working
outside of the operations part of a site are not covered by this
standard.
(j) Handling drums and containers--(1) General. (i) Hazardous
substances and contaminated soils, liquids, and other residues shall be
handled, transported, labeled, and disposed of in accordance with this
paragraph.
(ii) Drums and containers used during the clean-up shall meet the
appropriate DOT, OSHA, and EPA regulations for the wastes that they
contain.
(iii) When practical, drums and containers shall be inspected and
their integrity shall be assured prior to being moved. Drums or
containers that cannot be inspected before being moved because of
storage conditions (i.e., buried beneath the earth, stacked behind other
drums, stacked several tiers high in a pile, etc.) shall be moved to an
accessible location and inspected prior to further handling.
(iv) Unlabelled drums and containers shall be considered to contain
hazardous substances and handled accordingly until the contents are
positively identified and labeled.
(v) Site operations shall be organized to minimize the amount of
drum or container movement.
(vi) Prior to movement of drums or containers, all employees exposed
to the transfer operation shall be warned of the potential hazards
associated with the contents of the drums or containers.
(vii) U.S. Department of Transportation specified salvage drums or
containers and suitable quantities of proper absorbent shall be kept
available and used in areas where spills, leaks, or ruptures may occur.
(viii) Where major spills may occur, a spill containment program,
which is part of the employer's safety and health program required in
paragraph (b) of this section, shall be implemented to contain and
isolate the entire volume of the hazardous substance being transferred.
(ix) Drums and containers that cannot be moved without rupture,
leakage, or spillage shall be emptied into a sound container using a
device classified for the material being transferred.
(x) A ground-penetrating system or other type of detection system or
device shall be used to estimate the location and depth of buried drums
or containers.
(xi) Soil or covering material shall be removed with caution to
prevent drum or container rupture.
(xii) Fire extinguishing equipment meeting the requirements of 29
CFR part 1910, subpart L, shall be on hand and ready for use to control
incipient fires.
(2) Opening drums and containers. The following procedures shall be
followed in areas where drums or containers are being opened:
(i) Where an airline respirator system is used, connections to the
source of air supply shall be protected from contamination and the
entire system shall be protected from physical damage.
(ii) Employees not actually involved in opening drums or containers
shall be kept a safe distance from the drums or containers being opened.
(iii) If employees must work near or adjacent to drums or containers
being opened, a suitable shield that does not interfere with the work
operation shall be placed between the employee and the drums or
containers being opened to protect the employee in case of accidental
explosion.
(iv) Controls for drum or container opening equipment, monitoring
equipment, and fire suppression equipment shall be located behind the
explosion-resistant barrier.
(v) When there is a reasonable possibility of flammable atmospheres
being present, material handling equipment and hand tools shall be of
the type to prevent sources of ignition.
(vi) Drums and containers shall be opened in such a manner that
excess interior pressure will be safely relieved. If pressure can not be
relieved from a remote location, appropriate shielding shall be placed
between the employee and the drums or containers to reduce the risk of
employee injury.
(vii) Employees shall not stand upon or work from drums or
containers.
[[Page 382]]
(3) Material handling equipment. Material handiing equipment used to
transfer drums and containers shall be selected, positioned and operated
to minimize sources of ignition related to the equipment from igniting
vapors released from ruptured drums or containers.
(4) Radioactive wastes. Drums and containers containing radioactive
wastes shall not be handled until such time as their hazard to employees
is properly assessed.
(5) Shock sensitive wastes. As a minimum, the following special
precautions shall be taken when drums and containers containing or
suspected of containing shock-sensitive wastes are handled:
(i) All non-essential employees shall be evacuated from the area of
transfer.
(ii) Material handling equipment shall be provided with explosive
containment devices or protective shields to protect equipment operators
from exploding containers.
(iii) An employee alarm system capable of being perceived above
surrounding light and noise conditions shall be used to signal the
commencement and completion of explosive waste handling activities.
(iv) Continuous communications (i.e., portable radios, hand signals,
telephones, as appropriate) shall be maintained between the employee-in-
charge of the immediate handling area and both the site safety and
health supervisor and the command post until such time as the handling
operation is completed. Communication equipment or methods that could
cause shock sensitive materials to explode shall not be used.
(v) Drums and containers under pressure, as evidenced by bulging or
swelling, shall not be moved until such time as the cause for excess
pressure is determined and appropriate containment procedures have been
implemented to protect employees from explosive relief of the drum.
(vi) Drums and containers containing packaged laboratory wastes
shall be considered to contain shock-sensitive or explosive materials
until they have been characterized.
Caution: Shipping of shock sensitive wastes may be prohibited under
U.S. Department of Transportation regulations. Employers and their
shippers should refer to 49 CFR 173.21 and 173.50.
(6) Laboratory waste packs. In addition to the requirements of
paragraph (j)(5) of this section, the following precautions shall be
taken, as a minimum, in handling laboratory waste packs (lab packs):
(i) Lab packs shall be opened only when necessary and then only by
an individual knowledgeable in the inspection, classification, and
segregation of the containers within the pack according to the hazards
of the wastes.
(ii) If crystalline material is noted on any container, the contents
shall be handled as a shock-sensitive waste until the contents are
identified.
(7) Sampling of drum and container contents. Sampling of containers
and drums shall be done in accordance with a sampling procedure which is
part of the site safety and health plan developed for and available to
employees and others at the specific worksite.
(8) Shipping and transport. (i) Drums and containers shall be
identified and classified prior to packaging for shipment.
(ii) Drum or container staging areas shall be kept to the minimum
number necessary to identify and classify materials safely and prepare
them for transport.
(iii) Staging areas shall be provided with adequate access and
egress routes.
(iv) Bulking of hazardous wastes shall be permitted only after a
thorough characterization of the materials has been completed.
(9) Tank and vault procedures. (i) Tanks and vaults containing
hazardous substances shall be handled in a manner similar to that for
drums and containers, taking into consideration the size of the tank or
vault.
(ii) Appropriate tank or vault entry procedures as described in the
employer's safety and health plan shall be followed whenever employees
must enter a tank or vault.
(k) Decontamination--(1) General. Procedures for all phases of
decontamination shall be developed and implemented in accordance with
this paragraph.
[[Page 383]]
(2) Decontamination procedures. (i) A decontamination procedure
shall be developed, communicated to employees and implemented before any
employees or equipment may enter areas on site where potential for
exposure to hazardous substances exists.
(ii) Standard operating procedures shall be developed to minimize
employee contact with hazardous substances or with equipment that has
contacted hazardous substances.
(iii) All employees leaving a contaminated area shall be
appropriately decontaminated; all contaminated clothing and equipment
leaving a contaminated area shall be appropriately disposed of or
decontaminated.
(iv) Decontamination procedures shall be monitored by the site
safety and health supervisor to determine their effectiveness. When such
procedures are found to be ineffective, appropriate steps shall be taken
to correct any deficiencies.
(3) Location. Decontamination shall be performed in geographical
areas that will minimize the exposure of uncontaminated employees or
equipment to contaminated employees or equipment.
(4) Equipment and solvents. All equipment and solvents used for
decontamination shall be decontaminated or disposed of properly.
(5) Personal protective clothing and equipment. (i) Protective
clothing and equipment shall be decontaminated, cleaned, laundered,
maintained or replaced as needed to maintain their effectiveness.
(ii) Employees whose non-impermeable clothing becomes wetted with
hazardous substances shall immediately remove that clothing and proceed
to shower. The clothing shall be disposed of or decontaminated before it
is removed from the work zone.
(6) Unauthorized employees. Unauthorized employees shall not remove
protective clothing or equipment from change rooms.
(7) Commercial laundries or cleaning establishments. Commercial
laundries or cleaning establishments that decontaminate protective
clothing or equipment shall be informed of the potentially harmful
effects of exposures to hazardous substances.
(8) Showers and change rooms. Where the decontamination procedure
indicates a need for regular showers and change rooms outside of a
contaminated area, they shall be provided and meet the requirements of
29 CFR 1910.141. If temperature conditions prevent the effective use of
water, then other effective means for cleansing shall be provided and
used.
(l) Emergency response by employees at uncontrolled hazardous waste
sites--(1) Emergency response plan. (i) An emergency response plan shall
be developed and implemented by all employers within the scope of
paragraphs (a)(1) (i)-(ii) of this section to handle anticipated
emergencies prior to the commencement of hazardous waste operations. The
plan shall be in writing and available for inspection and copying by
employees, their representatives, OSHA personnel and other governmental
agencies with relevant responsibilities.
(ii) Employers who will evacuate their employees from the danger
area when an emergency occurs, and who do not permit any of their
employees to assist in handling the emergency, are exempt from the
requirements of this paragraph if they provide an emergency action plan
complying with 29 CFR 1910.38.
(2) Elements of an emergency response plan. The employer shall
develop an emergency response plan for emergencies which shall address,
as a minimum, the following:
(i) Pre-emergency planning.
(ii) Personnel roles, lines of authority, and communication.
(iii) Emergency recognition and prevention.
(iv) Safe distances and places of refuge.
(v) Site security and control.
(vi) Evacuation routes and procedures.
(vii) Decontamination procedures which are not covered by the site
safety and health plan.
(viii) Emergency medical treatment and first aid.
(ix) Emergency alerting and response procedures.
(x) Critique of response and follow-up.
(xi) PPE and emergency equipment.
[[Page 384]]
(3) Procedures for handling emergency incidents. (i) In addition to
the elements for the emergency response plan required in paragraph
(l)(2) of this section, the following elements shall be included for
emergency response plans:
(A) Site topography, layout, and prevailing weather conditions.
(B) Procedures for reporting incidents to local, state, and federal
governmental agencies.
(ii) The emergency response plan shall be a separate section of the
Site Safety and Health Plan.
(iii) The emergency response plan shall be compatible and integrated
with the disaster, fire and/or emergency response plans of local, state,
and federal agencies.
(iv) The emergency response plan shall be rehearsed regularly as
part of the overall training program for site operations.
(v) The site emergency response plan shall be reviewed periodically
and, as necessary, be amended to keep it current with new or changing
site conditions or information.
(vi) An employee alarm system shall be installed in accordance with
29 CFR 1910.165 to notify employees of an emergency situation; to stop
work activities if necessary; to lower background noise in order to
speed communication; and to begin emergency procedures.
(vii) Based upon the information available at time of the emergency,
the employer shall evaluate the incident and the site response
capabilities and proceed with the appropriate steps to implement the
site emergency response plan.
(m) Illumination. Areas accessible to employees shall be lighted to
not less than the minimum illumination intensities listed in the
following Table H-120.1 while any work is in progress:
Table H-120.1--Minimum Illumination Intensities in Foot-Candles
------------------------------------------------------------------------
Foot-candles Area or operations
------------------------------------------------------------------------
5...................................... General site areas.
3...................................... Excavation and waste areas,
accessways, active storage
areas, loading platforms,
refueling, and field
maintenance areas.
5...................................... Indoors: Warehouses, corridors,
hallways, and exitways.
5...................................... Tunnels, shafts, and general
underground work areas.
(Exception: Minimum of 10 foot-
candles is required at tunnel
and shaft heading during
drilling mucking, and scaling.
Mine Safety and Health
Administration approved cap
lights shall be acceptable for
use in the tunnel heading.)
10..................................... General shops (e.g., mechanical
and electrical equipment
rooms, active storerooms,
barracks or living quarters,
locker or dressing rooms,
dining areas, and indoor
toilets and workrooms.)
30..................................... First aid stations,
infirmaries, and offices.
------------------------------------------------------------------------
(n) Sanitation at temporary workplaces--(1) Potable water. (i) An
adequate supply of potable water shall be provided on the site.
(ii) Portable containers used to dispense drinking water shall be
capable of being tightly closed, and equipped with a tap. Water shall
not be dipped from containers.
(iii) Any container used to distribute drinking water shall be
clearly marked as to the nature of its contents and not used for any
other purpose.
(iv) Where single service cups (to be used but once) are supplied,
both a sanitary container for the unused cups and a receptacle for
disposing of the used cups shall be provided.
(2) Nonpotable water. (i) Outlets for nonpotable water, such as
water for firefighting purposes, shall be identified to indicate clearly
that the water is unsafe and is not to be used for drinking, washing, or
cooking purposes.
(ii) There shall be no cross-connection, open or potential, between
a system furnishing potable water and a system furnishing nonpotable
water.
(3) Toilet facilities. (i) Toilets shall be provided for employees
according to the following Table H-120.2.
Table H-120.2--Toilet Facilities
------------------------------------------------------------------------
Number of employees Minimum number of facilities
------------------------------------------------------------------------
20 or fewer............................... One.
More than 20, fewer than 200.............. One toilet seat and one
urinal per 40 employees.
More than 200............................. One toilet seat and one
urinal per 50 employees.
------------------------------------------------------------------------
(ii) Under temporary field conditions, provisions shall be made to
assure that at least one toilet facility is available.
[[Page 385]]
(iii) Hazardous waste sites not provided with a sanitary sewer shall
be provided with the following toilet facilities unless prohibited by
local codes:
(A) Chemical toilets;
(B) Recirculating toilets;
(C) Combustion toilets; or
(D) Flush toilets.
(iv) The requirements of this paragraph for sanitation facilities
shall not apply to mobile crews having transportation readily available
to nearby toilet facilities.
(v) Doors entering toilet facilities shall be provided with entrance
locks controlled from inside the facility.
(4) Food handling. All food service facilities and operations for
employees shall meet the applicable laws, ordinances, and regulations of
the jurisdictions in which they are located.
(5) Temporary sleeping quarters. When temporary sleeping quarters
are provided, they shall be heated, ventilated, and lighted.
(6) Washing facilities. The employer shall provide adequate washing
facilities for employees engaged in operations where hazardous
substances may be harmful to employees. Such facilities shall be in near
proximity to the worksite; in areas where exposures are below
permissible exposure limits and published exposure levels and which are
under the controls of the employer; and shall be so equipped as to
enable employees to remove hazardous substances from themselves.
(7) Showers and change rooms. When hazardous waste clean-up or
removal operations commence on a site and the duration of the work will
require six months or greater time to complete, the employer shall
provide showers and change rooms for all employees exposed to hazardous
substances and health hazards involved in hazardous waste clean-up or
removal operations.
(i) Showers shall be provided and shall meet the requirements of 29
CFR 1910.141(d)(3).
(ii) Change rooms shall be provided and shall meet the requirements
of 29 CFR 1910.141(e). Change rooms shall consist of two separate change
areas separated by the shower area required in paragraph (n)(7)(i) of
this section. One change area, with an exit leading off the worksite,
shall provide employees with a clean area where they can remove, store,
and put on street clothing. The second area, with an exit to the
worksite, shall provide employees with an area where they can put on,
remove and store work clothing and personal protective equipment.
(iii) Showers and change rooms shall be located in areas where
exposures are below the permissible exposure limits and published
exposure levels. If this cannot be accomplished, then a ventilation
system shall be provided that will supply air that is below the
permissible exposure limits and published exposure levels.
(iv) Employers shall assure that employees shower at the end of
their work shift and when leaving the hazardous waste site.
(o) New technology programs. (1) The employer shall develop and
implement procedures for the introduction of effective new technologies
and equipment developed for the improved protection of employees working
with hazardous waste clean-up operations, and the same shall be
implemented as part of the site safety and health program to assure that
employee protection is being maintained.
(2) New technologies, equipment or control measures available to the
industry, such as the use of foams, absorbents, adsorbents,
neutralizers, or other means to suppress the level of air contaminates
while excavating the site or for spill control, shall be evaluated by
employers or their representatives. Such an evaluation shall be done to
determine the effectiveness of the new methods, materials, or equipment
before implementing their use on a large scale for enhancing employee
protection. Information and data from manufacturers or suppliers may be
used as part of the employer's evaluation effort. Such evaluations shall
be made available to OSHA upon request.
(p) Certain Operations Conducted Under the Resource Conservation and
Recovery Act of 1976 (RCRA). Employers conducting operations at
treatment, storage and disposal (TSD) facilities specified in paragraph
(a)(1)(iv) of this section shall provide and implement the programs
specified in this paragraph. See the ``Notes and Exceptions''
[[Page 386]]
to paragraph (a)(2)(iii) of this section for employers not covered.)''.
(1) Safety and health program. The employer shall develop and
implement a written safety and health program for employees involved in
hazardous waste operations that shall be available for inspection by
employees, their representatives and OSHA personnel. The program shall
be designed to identify, evaluate and control safety and health hazards
in their facilities for the purpose of employee protection, to provide
for emergency response meeting the requirements of paragraph (p)(8) of
this section and to address as appropriate site analysis, engineering
controls, maximum exposure limits, hazardous waste handling procedures
and uses of new technologies.
(2) Hazard communication program. The employer shall implement a
hazard communication program meeting the requirements of 29 CFR
1910.1200 as part of the employer's safety and program.
Note to Sec.1910.120: The exemption for hazardous waste provided
in Sec.1910.1200 is applicable to this section.
(3) Medical surveillance program. The employer shall develop and
implement a medical surveillance program meeting the requirements of
paragraph (f) of this section.
(4) Decontamination program. The employer shall develop and
implement a decontamination procedure meeting the requirements of
paragraph (k) of this section.
(5) New technology program. The employer shall develop and implement
procedures meeting the requirements of paragraph (o) of this section for
introducing new and innovative equipment into the workplace.
(6) Material handling program. Where employees will be handling
drums or containers, the employer shall develop and implement procedures
meeting the requirements of paragraphs (j)(1) (ii) through (viii) and
(xi) of this section, as well as (j)(3) and (j)(8) of this section prior
to starting such work.
(7) Training program--(i) New employees. The employer shall develop
and implement a training program, which is part of the employer's safety
and health program, for employees exposed to health hazards or hazardous
substances at TSD operations to enable the employees to perform their
assigned duties and functions in a safe and healthful manner so as not
endanger themselves or other employees. The initial training shall be
for 24 hours and refresher training shall be for eight hours annually.
Employees who have received the initial training required by this
paragraph shall be given a written certificate attesting that they have
successfully completed the necessary training.
(ii) Current employees. Employers who can show by an employee's
previous work experience and/or training that the employee has had
training equivalent to the initial training required by this paragraph,
shall be considered as meeting the initial training requirements of this
paragraph as to that employee. Equivalent training includes the training
that existing employees might have already received from actual site
work experience. Current employees shall receive eight hours of
refresher training annually.
(iii) Trainers. Trainers who teach initial training shall have
satisfactorily completed a training course for teaching the subjects
they are expected to teach or they shall have the academic credentials
and instruction experience necessary to demonstrate a good command of
the subject matter of the courses and competent instructional skills.
(8) Emergency response program--(i) Emergency response plan. An
emergency response plan shall be developed and implemented by all
employers. Such plans need not duplicate any of the subjects fully
addressed in the employer's contingency planning required by permits,
such as those issued by the U.S. Environmental Protection Agency,
provided that the contingency plan is made part of the emergency
response plan. The emergency response plan shall be a written portion of
the employer's safety and health program required in paragraph (p)(1) of
this section. Employers who will evacuate their employees from the
worksite location when an emergency occurs and who do not permit any of
their employees to assist in handling the emergency are exempt from the
requirements of paragraph (p)(8) if they provide an
[[Page 387]]
emergency action plan complying with 29 CFR 1910.38.
(ii) Elements of an emergency response plan. The employer shall
develop an emergency response plan for emergencies which shall address,
as a minimum, the following areas to the extent that they are not
addressed in any specific program required in this paragraph:
(A) Pre-emergency planning and coordination with outside parties.
(B) Personnel roles, lines of authority, and communication.
(C) Emergency recognition and prevention.
(D) Safe distances and places of refuge.
(E) Site security and control.
(F) Evacuation routes and procedures.
(G) Decontamination procedures.
(H) Emergency medical treatment and first aid.
(I) Emergency alerting and response procedures.
(J) Critique of response and follow-up.
(K) PPE and emergency equipment.
(iii) Training. (A) Training for emergency response employees shall
be completed before they are called upon to perform in real emergencies.
Such training shall include the elements of the emergency response plan,
standard operating procedures the employer has established for the job,
the personal protective equipment to be worn and procedures for handling
emergency incidents.
Exception 1: An employer need not train all employees to the degree
specified if the employer divides the work force in a manner such that a
sufficient number of employees who have responsibility to control
emergencies have the training specified, and all other employees, who
may first respond to an emergency incident, have sufficient awareness
training to recognize that an emergency response situation exists and
that they are instructed in that case to summon the fully trained
employees and not attempt control activities for which they are not
trained.
Exception 2: An employer need not train all employees to the degree
specified if arrangements have been made in advance for an outside
fully-trained emergency response team to respond in a reasonable period
and all employees, who may come to the incident first, have sufficient
awareness training to recognize that an emergency response situation
exists and they have been instructed to call the designated outside
fully-trained emergency response team for assistance.
(B) Employee members of TSD facility emergency response
organizations shall be trained to a level of competence in the
recognition of health and safety hazards to protect themselves and other
employees. This would include training in the methods used to minimize
the risk from safety and health hazards; in the safe use of control
equipment; in the selection and use of appropriate personal protective
equipment; in the safe operating procedures to be used at the incident
scene; in the techniques of coordination with other employees to
minimize risks; in the appropriate response to over exposure from health
hazards or injury to themselves and other employees; and in the
recognition of subsequent symptoms which may result from over exposures.
(C) The employer shall certify that each covered employee has
attended and successfully completed the training required in paragraph
(p)(8)(iii) of this section, or shall certify the employee's competency
at least yearly. The method used to demonstrate competency for
certification of training shall be recorded and maintained by the
employer.
(iv) Procedures for handling emergency incidents. (A) In addition to
the elements for the emergency response plan required in paragraph
(p)(8)(ii) of this section, the following elements shall be included for
emergency response plans to the extent that they do not repeat any
information already contained in the emergency response plan:
(1) Site topography, layout, and prevailing weather conditions.
(2) Procedures for reporting incidents to local, state, and federal
governmental agencies.
(B) The emergency response plan shall be compatible and integrated
with the disaster, fire and/or emergency response plans of local, state,
and federal agencies.
(C) The emergency response plan shall be rehearsed regularly as part
of the overall training program for site operations.
[[Page 388]]
(D) The site emergency response plan shall be reviewed periodically
and, as necessary, be amended to keep it current with new or changing
site conditions or information.
(E) An employee alarm system shall be installed in accordance with
29 CFR 1910.165 to notify employees of an emergency situation; to stop
work activities if necessary; to lower background noise in order to
speed communication; and to begin emergency procedures.
(F) Based upon the information available at time of the emergency,
the employer shall evaluate the incident and the site response
capabilities and proceed with the appropriate steps to implement the
site emergency response plan.
(q) Emergency response to hazardous substance releases. This
paragraph covers employers whose employees are engaged in emergency
response no matter where it occurs except that it does not cover
employees engaged in operations specified in paragraphs (a)(1)(i)
through (a)(1)(iv) of this section. Those emergency response
organizations who have developed and implemented programs equivalent to
this paragraph for handling releases of hazardous substances pursuant to
section 303 of the Superfund Amendments and Reauthorization Act of 1986
(Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C.
11003) shall be deemed to have met the requirements of this paragraph.
(1) Emergency response plan. An emergency response plan shall be
developed and implemented to handle anticipated emergencies prior to the
commencement of emergency response operations. The plan shall be in
writing and available for inspection and copying by employees, their
representatives and OSHA personnel. Employers who will evacuate their
employees from the danger area when an emergency occurs, and who do not
permit any of their employees to assist in handling the emergency, are
exempt from the requirements of this paragraph if they provide an
emergency action plan in accordance with 29 CFR 1910.38.
(2) Elements of an emergency response plan. The employer shall
develop an emergency response plan for emergencies which shall address,
as a minimum, the following to the extent that they are not addressed
elsewhere:
(i) Pre-emergency planning and coordination with outside parties.
(ii) Personnel roles, lines of authority, training, and
communication.
(iii) Emergency recognition and prevention.
(iv) Safe distances and places of refuge.
(v) Site security and control.
(vi) Evacuation routes and procedures.
(vii) Decontamination.
(viii) Emergency medical treatment and first aid.
(ix) Emergency alerting and response procedures.
(x) Critique of response and follow-up.
(xi) PPE and emergency equipment.
(xii) Emergency response organizations may use the local emergency
response plan or the state emergency response plan or both, as part of
their emergency response plan to avoid duplication. Those items of the
emergency response plan that are being properly addressed by the SARA
Title III plans may be substituted into their emergency plan or
otherwise kept together for the employer and employee's use.
(3) Procedures for handling emergency response. (i) The senior
emergency response official responding to an emergency shall become the
individual in charge of a site-specific Incident Command System (ICS).
All emergency responders and their communications shall be coordinated
and controlled through the individual in charge of the ICS assisted by
the senior official present for each employer.
Note to paragraph (q)(3)(i): The ``senior official'' at an emergency
response is the most senior official on the site who has the
responsibility for controlling the operations at the site. Initially it
is the senior officer on the first-due piece of responding emergency
apparatus to arrive on the incident scene. As more senior officers
arrive (i.e., battalion chief, fire chief, state law enforcement
official, site coordinator, etc.) the position is passed up the line of
authority which has been previously established.
[[Page 389]]
(ii) The individual in charge of the ICS shall identify, to the
extent possible, all hazardous substances or conditions present and
shall address as appropriate site analysis, use of engineering controls,
maximum exposure limits, hazardous substance handling procedures, and
use of any new technologies.
(iii) Based on the hazardous substances and/or conditions present,
the individual in charge of the ICS shall implement appropriate
emergency operations, and assure that the personal protective equipment
worn is appropriate for the hazards to be encountered. However, personal
protective equipment shall meet, at a minimum, the criteria contained in
29 CFR 1910.156(e) when worn while performing fire fighting operations
beyond the incipient stage for any incident.
(iv) Employees engaged in emergency response and exposed to
hazardous substances presenting an inhalation hazard or potential
inhalation hazard shall wear positive pressure self-contained breathing
apparatus while engaged in emergency response, until such time that the
individual in charge of the ICS determines through the use of air
monitoring that a decreased level of respiratory protection will not
result in hazardous exposures to employees.
(v) The individual in charge of the ICS shall limit the number of
emergency response personnel at the emergency site, in those areas of
potential or actual exposure to incident or site hazards, to those who
are actively performing emergency operations. However, operations in
hazardous areas shall be performed using the buddy system in groups of
two or more.
(vi) Back-up personnel shall stand by with equipment ready to
provide assistance or rescue. Advance first aid support personnel, as a
minimum, shall also stand by with medical equipment and transportation
capability.
(vii) The individual in charge of the ICS shall designate a safety
official, who is knowledgable in the operations being implemented at the
emergency response site, with specific responsibility to identify and
evaluate hazards and to provide direction with respect to the safety of
operations for the emergency at hand.
(viii) When activities are judged by the safety official to be an
IDLH condition and/or to involve an imminent danger condition, the
safety official shall have the authority to alter, suspend, or terminate
those activities. The safety official shall immediately inform the
individual in charge of the ICS of any actions needed to be taken to
correct these hazards at the emergency scene.
(ix) After emergency operations have terminated, the individual in
charge of the ICS shall implement appropriate decontamination
procedures.
(x) When deemed necessary for meeting the tasks at hand, approved
self-contained compressed air breathing apparatus may be used with
approved cylinders from other approved self-contained compressed air
breathing apparatus provided that such cylinders are of the same
capacity and pressure rating. All compressed air cylinders used with
self-contained breathing apparatus shall meet U.S. Department of
Transportation and National Institute for Occupational Safety and Health
criteria.
(4) Skilled support personnel. Personnel, not necessarily an
employer's own employees, who are skilled in the operation of certain
equipment, such as mechanized earth moving or digging equipment or crane
and hoisting equipment, and who are needed temporarily to perform
immediate emergency support work that cannot reasonably be performed in
a timely fashion by an employer's own employees, and who will be or may
be exposed to the hazards at an emergency response scene, are not
required to meet the training required in this paragraph for the
employer's regular employees. However, these personnel shall be given an
initial briefing at the site prior to their participation in any
emergency response. The initial briefing shall include instruction in
the wearing of appropriate personal protective equipment, what chemical
hazards are involved, and what duties are to be performed. All other
appropriate safety and health precautions provided to the employer's own
employees shall be used to assure the safety and health of these
personnel.
[[Page 390]]
(5) Specialist employees. Employees who, in the course of their
regular job duties, work with and are trained in the hazards of specific
hazardous substances, and who will be called upon to provide technical
advice or assistance at a hazardous substance release incident to the
individual in charge, shall receive training or demonstrate competency
in the area of their specialization annually.
(6) Training. Training shall be based on the duties and function to
be performed by each responder of an emergency response organization.
The skill and knowledge levels required for all new responders, those
hired after the effective date of this standard, shall be conveyed to
them through training before they are permitted to take part in actual
emergency operations on an incident. Employees who participate, or are
expected to participate, in emergency response, shall be given training
in accordance with the following paragraphs:
(i) First responder awareness level. First responders at the
awareness level are individuals who are likely to witness or discover a
hazardous substance release and who have been trained to initiate an
emergency response sequence by notifying the proper authorities of the
release. They would take no further action beyond notifying the
authorities of the release. First responders at the awareness level
shall have sufficient training or have had sufficient experience to
objectively demonstrate competency in the following areas:
(A) An understanding of what hazardous substances are, and the risks
associated with them in an incident.
(B) An understanding of the potential outcomes associated with an
emergency created when hazardous substances are present.
(C) The ability to recognize the presence of hazardous substances in
an emergency.
(D) The ability to identify the hazardous substances, if possible.
(E) An understanding of the role of the first responder awareness
individual in the employer's emergency response plan including site
security and control and the U.S. Department of Transportation's
Emergency Response Guidebook.
(F) The ability to realize the need for additional resources, and to
make appropriate notifications to the communication center.
(ii) First responder operations level. First responders at the
operations level are individuals who respond to releases or potential
releases of hazardous substances as part of the initial response to the
site for the purpose of protecting nearby persons, property, or the
environment from the effects of the release. They are trained to respond
in a defensive fashion without actually trying to stop the release.
Their function is to contain the release from a safe distance, keep it
from spreading, and prevent exposures. First responders at the
operational level shall have received at least eight hours of training
or have had sufficient experience to objectively demonstrate competency
in the following areas in addition to those listed for the awareness
level and the employer shall so certify:
(A) Knowledge of the basic hazard and risk assessment techniques.
(B) Know how to select and use proper personal protective equipment
provided to the first responder operational level.
(C) An understanding of basic hazardous materials terms.
(D) Know how to perform basic control, containment and/or
confinement operations within the capabilities of the resources and
personal protective equipment available with their unit.
(E) Know how to implement basic decontamination procedures.
(F) An understanding of the relevant standard operating procedures
and termination procedures.
(iii) Hazardous materials technician. Hazardous materials
technicians are individuals who respond to releases or potential
releases for the purpose of stopping the release. They assume a more
aggressive role than a first responder at the operations level in that
they will approach the point of release in order to plug, patch or
otherwise stop the release of a hazardous substance. Hazardous materials
technicians shall have received at least 24
[[Page 391]]
hours of training equal to the first responder operations level and in
addition have competency in the following areas and the employer shall
so certify:
(A) Know how to implement the employer's emergency response plan.
(B) Know the classification, identification and verification of
known and unknown materials by using field survey instruments and
equipment.
(C) Be able to function within an assigned role in the Incident
Command System.
(D) Know how to select and use proper specialized chemical personal
protective equipment provided to the hazardous materials technician.
(E) Understand hazard and risk assessment techniques.
(F) Be able to perform advance control, containment, and/or
confinement operations within the capabilities of the resources and
personal protective equipment available with the unit.
(G) Understand and implement decontamination procedures.
(H) Understand termination procedures.
(I) Understand basic chemical and toxicological terminology and
behavior.
(iv) Hazardous materials specialist. Hazardous materials specialists
are individuals who respond with and provide support to hazardous
materials technicians. Their duties parallel those of the hazardous
materials technician, however, those duties require a more directed or
specific knowledge of the various substances they may be called upon to
contain. The hazardous materials specialist would also act as the site
liaison with Federal, state, local and other government authorities in
regards to site activities. Hazardous materials specialists shall have
received at least 24 hours of training equal to the technician level and
in addition have competency in the following areas and the employer
shall so certify:
(A) Know how to implement the local emergency response plan.
(B) Understand classification, identification and verification of
known and unknown materials by using advanced survey instruments and
equipment.
(C) Know of the state emergency response plan.
(D) Be able to select and use proper specialized chemical personal
protective equipment provided to the hazardous materials specialist.
(E) Understand in-depth hazard and risk techniques.
(F) Be able to perform specialized control, containment, and/or
confinement operations within the capabilities of the resources and
personal protective equipment available.
(G) Be able to determine and implement decontamination procedures.
(H) Have the ability to develop a site safety and control plan.
(I) Understand chemical, radiological and toxicological terminology
and behavior.
(v) On scene incident commander. Incident commanders, who will
assume control of the incident scene beyond the first responder
awareness level, shall receive at least 24 hours of training equal to
the first responder operations level and in addition have competency in
the following areas and the employer shall so certify:
(A) Know and be able to implement the employer's incident command
system.
(B) Know how to implement the employer's emergency response plan.
(C) Know and understand the hazards and risks associated with
employees working in chemical protective clothing.
(D) Know how to implement the local emergency response plan.
(E) Know of the state emergency response plan and of the Federal
Regional Response Team.
(F) Know and understand the importance of decontamination
procedures.
(7) Trainers. Trainers who teach any of the above training subjects
shall have satisfactorily completed a training course for teaching the
subjects they are expected to teach, such as the courses offered by the
U.S. National Fire Academy, or they shall have the training and/or
academic credentials and instructional experience necessary to
demonstrate competent instructional skills and a good command of the
subject matter of the courses they are to teach.
(8) Refresher training. (i) Those employees who are trained in
accordance with paragraph (q)(6) of this section
[[Page 392]]
shall receive annual refresher training of sufficient content and
duration to maintain their competencies, or shall demonstrate competency
in those areas at least yearly.
(ii) A statement shall be made of the training or competency, and if
a statement of competency is made, the employer shall keep a record of
the methodology used to demonstrate competency.
(9) Medical surveillance and consultation. (i) Members of an
organized and designated HAZMAT team and hazardous materials specialists
shall receive a baseline physical examination and be provided with
medical surveillance as required in paragraph (f) of this section.
(ii) Any emergency response employees who exhibits signs or symptoms
which may have resulted from exposure to hazardous substances during the
course of an emergency incident, either immediately or subsequently,
shall be provided with medical consultation as required in paragraph
(f)(3)(ii) of this section.
(10) Chemical protective clothing. Chemical protective clothing and
equipment to be used by organized and designated HAZMAT team members, or
to be used by hazardous materials specialists, shall meet the
requirements of paragraphs (g) (3) through (5) of this section.
(11) Post-emergency response operations. Upon completion of the
emergency response, if it is determined that it is necessary to remove
hazardous substances, health hazards, and materials contaminated with
them (such as contaminated soil or other elements of the natural
environment) from the site of the incident, the employer conducting the
clean-up shall comply with one of the following:
(i) Meet all of the requirements of paragraphs (b) through (o) of
this section; or
(ii) Where the clean-up is done on plant property using plant or
workplace employees, such employees shall have completed the training
requirements of the following: 29 CFR 1910.38, 1910.134, 1910.1200, and
other appropriate safety and health training made necessary by the tasks
they are expected to perform such as personal protective equipment and
decontamination procedures. All equipment to be used in the performance
of the clean-up work shall be in serviceable condition and shall have
been inspected prior to use.
Appendices to Sec.1910.120--Hazardous Waste Operations and Emergency
Response
Note: The following appendices serve as non-mandatory guidelines to
assist employees and employers in complying with the appropriate
requirements of this section. However paragraph 1910.120(g) makes
mandatory in certain circumstances the use of Level A and Level B PPE
protection.
Appendix A to Sec.1910.120--Personal Protective Equipment Test Methods
This appendix sets forth the non-mandatory examples of tests which
may be used to evaluate compliance with Sec.1910.120 (g)(4) (ii) and
(iii). Other tests and other challenge agents may be used to evaluate
compliance.
A. Totally-encapsulating chemical protective suit pressure test
1.0--Scope
1.1 This practice measures the ability of a gas tight totally-
encapsulating chemical protective suit material, seams, and closures to
maintain a fixed positive pressure. The results of this practice allow
the gas tight integrity of a totally-encapsulating chemical protective
suit to be evaluated.
1.2 Resistance of the suit materials to permeation, penetration, and
degradation by specific hazardous substances is not determined by this
test method.
2.0--Definition of terms
2.1 Totally-encapsulated chemical protective suit (TECP suit) means
a full body garment which is constructed of protective clothing
materials; covers the wearer's torso, head, arms, legs and respirator;
may cover the wearer's hands and feet with tightly attached gloves and
boots; completely encloses the wearer and respirator by itself or in
combination with the wearer's gloves and boots.
2.2 Protective clothing material means any material or combination
of materials used in an item of clothing for the purpose of isolating
parts of the body from direct contact with a potentially hazardous
liquid or gaseous chemicals.
2.3 Gas tight means, for the purpose of this test method, the
limited flow of a gas under pressure from the inside of a TECP suit to
atmosphere at a prescribed pressure and time interval.
3.0--Summary of test method
3.1 The TECP suit is visually inspected and modified for the test.
The test apparatus is attached to the suit to permit inflation to
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the pre-test suit expansion pressure for removal of suit wrinkles and
creases. The pressure is lowered to the test pressure and monitored for
three minutes. If the pressure drop is excessive, the TECP suit fails
the test and is removed from service. The test is repeated after leak
location and repair.
4.0--Required Supplies
4.1 Source of compressed air.
4.2 Test apparatus for suit testing, including a pressure
measurement device with a sensitivity of at least \1/4\ inch water
gauge.
4.3 Vent valve closure plugs or sealing tape.
4.4 Soapy water solution and soft brush.
4.5 Stop watch or appropriate timing device.
5.0--Safety Precautions
5.1 Care shall be taken to provide the correct pressure safety
devices required for the source of compressed air used.
6.0--Test Procedure
6.1 Prior to each test, the tester shall perform a visual inspection
of the suit. Check the suit for seam integrity by visually examining the
seams and gently pulling on the seams. Ensure that all air supply lines,
fittings, visor, zippers, and valves are secure and show no signs of
deterioration.
6.1.1 Seal off the vent valves along with any other normal inlet or
exhaust points (such as umbilical air line fittings or face piece
opening) with tape or other appropriate means (caps, plugs, fixture,
etc.). Care should be exercised in the sealing process not to damage any
of the suit components.
6.1.2 Close all closure assemblies.
6.1.3 Prepare the suit for inflation by providing an improvised
connection point on the suit for connecting an airline. Attach the
pressure test apparatus to the suit to permit suit inflation from a
compressed air source equipped with a pressure indicating regulator. The
leak tightness of the pressure test apparatus should be tested before
and after each test by closing off the end of the tubing attached to the
suit and assuring a pressure of three inches water gauge for three
minutes can be maintained. If a component is removed for the test, that
component shall be replaced and a second test conducted with another
component removed to permit a complete test of the ensemble.
6.1.4 The pre-test expansion pressure (A) and the suit test pressure
(B) shall be supplied by the suit manufacturer, but in no case shall
they be less than: (A) = three inches water gauge; and (B) = two inches
water gauge. The ending suit pressure (C) shall be no less than 80
percent of the test pressure (B); i.e., the pressure drop shall not
exceed 20 percent of the test pressure (B).
6.1.5 Inflate the suit until the pressure inside is equal to
pressure (A), the pre-test expansion suit pressure. Allow at least one
minute to fill out the wrinkles in the suit. Release sufficient air to
reduce the suit pressure to pressure (B), the suit test pressure. Begin
timing. At the end of three minutes, record the suit pressure as
pressure (C), the ending suit pressure. The difference between the suit
test pressure and the ending suit test pressure (B - C) shall be defined
as the suit pressure drop.
6.1.6 If the suit pressure drop is more than 20 percent of the suit
test pressure (B) during the three-minute test period, the suit fails
the test and shall be removed from service.
7.0--Retest Procedure
7.1 If the suit fails the test check for leaks by inflating the suit
to pressure (A) and brushing or wiping the entire suit (including seams,
closures, lens gaskets, glove-to-sleeve joints, etc.) with a mild soap
and water solution. Observe the suit for the formation of soap bubbles,
which is an indication of a leak. Repair all identified leaks.
7.2 Retest the TECP suit as outlined in Test procedure 6.0.
8.0--Report
8.1 Each TECP suit tested by this practice shall have the following
information recorded:
8.1.1 Unique identification number, identifying brand name, date of
purchase, material of construction, and unique fit features, e.g.,
special breathing apparatus.
8.1.2 The actual values for test pressures (A), (B), and (C) shall
be recorded along with the specific observation times. If the ending
pressure (C) is less than 80 percent of the test pressure (B), the suit
shall be identified as failing the test. When possible, the specific
leak location shall be identified in the test records. Retest pressure
data shall be recorded as an additional test.
8.1.3 The source of the test apparatus used shall be identified and
the sensitivity of the pressure gauge shall be recorded.
8.1.4 Records shall be kept for each pressure test even if repairs
are being made at the test location.
Caution
Visually inspect all parts of the suit to be sure they are
positioned correctly and secured tightly before putting the suit back
into service. Special care should be taken to examine each exhaust valve
to make sure it is not blocked.
Care should also be exercised to assure that the inside and outside
of the suit is completely dry before it is put into storage.
B. Totally-encapsulating chemical protective suit qualitative leak test
1.0--Scope
1.1 This practice semi-qualitatively tests gas tight totally-
encapsulating chemical protective suit integrity by detecting inward
leakage of ammonia vapor. Since no modifications are made to the suit to
carry out
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this test, the results from this practice provide a realistic test for
the integrity of the entire suit.
1.2 Resistance of the suit materials to permeation, penetration, and
degradation is not determined by this test method. ASTM test methods are
available to test suit materials for these characteristics and the tests
are usually conducted by the manufacturers of the suits.
2.0--Definition of terms
2.1 Totally-encapsulated chemical protective suit (TECP suit) means
a full body garment which is constructed of protective clothing
materials; covers the wearer's torso, head, arms, legs and respirator;
may cover the wearer's hands and feet with tightly attached gloves and
boots; completely encloses the wearer and respirator by itself or in
combination with the wearer's gloves, and boots.
2.2 Protective clothing material means any material or combination
of materials used in an item of clothing for the purpose of isolating
parts of the body from direct contact with a potentially hazardous
liquid or gaseous chemicals.
2.3 Gas tight means, for the purpose of this test method, the
limited flow of a gas under pressure from the inside of a TECP suit to
atmosphere at a prescribed pressure and time interval.
2.4 Intrusion Coefficient means a number expressing the level of
protection provided by a gas tight totally-encapsulating chemical
protective suit. The intrusion coefficient is calculated by dividing the
test room challenge agent concentration by the concentration of
challenge agent found inside the suit. The accuracy of the intrusion
coefficient is dependent on the challenge agent monitoring methods. The
larger the intrusion coefficient the greater the protection provided by
the TECP suit.
3.0--Summary of recommended practice
3.1 The volume of concentrated aqueous ammonia solution (ammonia
hydroxide NH4 OH) required to generate the test atmosphere is
determined using the directions outlined in 6.1. The suit is donned by a
person wearing the appropriate respiratory equipment (either a positive
pressure self-contained breathing apparatus or a positive pressure
supplied air respirator) and worn inside the enclosed test room. The
concentrated aqueous ammonia solution is taken by the suited individual
into the test room and poured into an open plastic pan. A two-minute
evaporation period is observed before the test room concentration is
measured, using a high range ammonia length of stain detector tube. When
the ammonia vapor reaches a concentration of between 1000 and 1200 ppm,
the suited individual starts a standardized exercise protocol to stress
and flex the suit. After this protocol is completed, the test room
concentration is measured again. The suited individual exits the test
room and his stand-by person measures the ammonia concentration inside
the suit using a low range ammonia length of stain detector tube or
other more sensitive ammonia detector. A stand-by person is required to
observe the test individual during the test procedure; aid the person in
donning and doffing the TECP suit; and monitor the suit interior. The
intrusion coefficient of the suit can be calculated by dividing the
average test area concentration by the interior suit concentration. A
colorimetric ammonia indicator strip of bromophenol blue or equivalent
is placed on the inside of the suit face piece lens so that the suited
individual is able to detect a color change and know if the suit has a
significant leak. If a color change is observed the individual shall
leave the test room immediately.
4.0--Required supplies
4.1 A supply of concentrated aqueous ammonium hydroxide (58% by
weight).
4.2 A supply of bromophenol/blue indicating paper or equivalent,
sensitive to 5-10 ppm ammonia or greater over a two-minute period of
exposure. [pH 3.0 (yellow) to pH 4.6 (blue)]
4.3 A supply of high range (0.5-10 volume percent) and low range (5-
700 ppm) detector tubes for ammonia and the corresponding sampling pump.
More sensitive ammonia detectors can be substituted for the low range
detector tubes to improve the sensitivity of this practice.
4.4 A shallow plastic pan (PVC) at least
12:14:1 and a half pint plastic
container (PVC) with tightly closing lid.
4.5 A graduated cylinder or other volumetric measuring device of at
least 50 milliliters in volume with an accuracy of at least 1 milliliters.
5.0--Safety precautions
5.1 Concentrated aqueous ammonium hydroxide, NH4 OH, is a
corrosive volatile liquid requiring eye, skin, and respiratory
protection. The person conducting the test shall review the SDS for
aqueous ammonia.
5.2 Since the established permissible exposure limit for ammonia is
35 ppm as a 15 minute STEL, only persons wearing a positive pressure
self-contained breathing apparatus or a positive pressure supplied air
respirator shall be in the chamber. Normally only the person wearing the
totally-encapsulating suit will be inside the chamber. A stand-by person
shall have a positive pressure self-contained breathing apparatus, or a
positive pressure supplied air respirator available to enter the test
area should the suited individual need assistance.
5.3 A method to monitor the suited individual must be used during
this test. Visual contact is the simplest but other methods using
communication devices are acceptable.
5.4 The test room shall be large enough to allow the exercise
protocol to be carried out and then to be ventilated to allow for easy
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exhaust of the ammonia test atmosphere after the test(s) are completed.
5.5 Individuals shall be medically screened for the use of
respiratory protection and checked for allergies to ammonia before
participating in this test procedure.
6.0--Test procedure
6.1.1 Measure the test area to the nearest foot and calculate its
volume in cubic feet. Multiply the test area volume by 0.2 milliliters
of concentrated aqueous ammonia solution per cubic foot of test area
volume to determine the approximate volume of concentrated aqueous
ammonia required to generate 1000 ppm in the test area.
6.1.2 Measure this volume from the supply of concentrated aqueous
ammonia and place it into a closed plastic container.
6.1.3 Place the container, several high range ammonia detector
tubes, and the pump in the clean test pan and locate it near the test
area entry door so that the suited individual has easy access to these
supplies.
6.2.1 In a non-contaminated atmosphere, open a pre-sealed ammonia
indicator strip and fasten one end of the strip to the inside of the
suit face shield lens where it can be seen by the wearer. Moisten the
indicator strip with distilled water. Care shall be taken not to
contaminate the detector part of the indicator paper by touching it. A
small piece of masking tape or equivalent should be used to attach the
indicator strip to the interior of the suit face shield.
6.2.2 If problems are encountered with this method of attachment,
the indicator strip can be attached to the outside of the respirator
face piece lens being used during the test.
6.3 Don the respiratory protective device normally used with the
suit, and then don the TECP suit to be tested. Check to be sure all
openings which are intended to be sealed (zippers, gloves, etc.) are
completely sealed. DO NOT, however, plug off any venting valves.
6.4 Step into the enclosed test room such as a closet, bathroom, or
test booth, equipped with an exhaust fan. No air should be exhausted
from the chamber during the test because this will dilute the ammonia
challenge concentrations.
6.5 Open the container with the pre-measured volume of concentrated
aqueous ammonia within the enclosed test room, and pour the liquid into
the empty plastic test pan. Wait two minutes to allow for adequate
volatilization of the concentrated aqueous ammonia. A small mixing fan
can be used near the evaporation pan to increase the evaporation rate of
the ammonia solution.
6.6 After two minutes a determination of the ammonia concentration
within the chamber should be made using the high range colorimetric
detector tube. A concentration of 1000 ppm ammonia or greater shall be
generated before the exercises are started.
6.7 To test the integrity of the suit the following four minute
exercise protocol should be followed:
6.7.1 Raising the arms above the head with at least 15 raising
motions completed in one minute.
6.7.2 Walking in place for one minute with at least 15 raising
motions of each leg in a one-minute period.
6.7.3 Touching the toes with a least 10 complete motions of the arms
from above the head to touching of the toes in a one-minute period.
6.7.4 Knee bends with at least 10 complete standing and squatting
motions in a one-minute period.
6.8 If at any time during the test the colorimetric indicating paper
should change colors, the test should be stopped and section 6.10 and
6.12 initiated (See ] 4.2).
6.9 After completion of the test exercise, the test area
concentration should be measured again using the high range colorimetric
detector tube.
6.10 Exit the test area.
6.11 The opening created by the suit zipper or other appropriate
suit penetration should be used to determine the ammonia concentration
in the suit with the low range length of stain detector tube or other
ammonia monitor. The internal TECP suit air should be sampled far enough
from the enclosed test area to prevent a false ammonia reading.
6.12 After completion of the measurement of the suit interior
ammonia concentration the test is concluded and the suit is doffed and
the respirator removed.
6.13 The ventilating fan for the test room should be turned on and
allowed to run for enough time to remove the ammonia gas. The fan shall
be vented to the outside of the building.
6.14 Any detectable ammonia in the suit interior (five ppm ammonia
(NH3) or more for the length of stain detector tube)
indicates that the suit has failed the test. When other ammonia
detectors are used a lower level of detection is possible, and it should
be specified as the pass/fail criteria.
6.15 By following this test method, an intrusion coefficient of
approximately 200 or more can be measured with the suit in a completely
operational condition. If the intrusion coefficient is 200 or more, then
the suit is suitable for emergency response and field use.
7.0--Retest procedures
7.1 If the suit fails this test, check for leaks by following the
pressure test in test A above.
7.2 Retest the TECP suit as outlined in the test procedure 6.0.
8.0--Report
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8.1 Each gas tight totally-encapsulating chemical protective suit
tested by this practice shall have the following information recorded.
8.1.1 Unique identification number, identifying brand name, date of
purchase, material of construction, and unique suit features; e.g.,
special breathing apparatus.
8.1.2 General description of test room used for test.
8.1.3 Brand name and purchase date of ammonia detector strips and
color change data.
8.1.4 Brand name, sampling range, and expiration date of the length
of stain ammonia detector tubes. The brand name and model of the
sampling pump should also be recorded. If another type of ammonia
detector is used, it should be identified along with its minimum
detection limit for ammonia.
8.1.5 Actual test results shall list the two test area
concentrations, their average, the interior suit concentration, and the
calculated intrusion coefficient. Retest data shall be recorded as an
additional test.
8.2 The evaluation of the data shall be specified as ``suit passed''
or ``suit failed,'' and the date of the test. Any detectable ammonia
(five ppm or greater for the length of stain detector tube) in the suit
interior indicates the suit has failed this test. When other ammonia
detectors are used, a lower level of detection is possible and it should
be specified as the pass fail criteria.
Caution
Visually inspect all parts of the suit to be sure they are
positioned correctly and secured tightly before putting the suit back
into service. Special care should be taken to examine each exhaust valve
to make sure it is not blocked.
Care should also be exercised to assure that the inside and outside
of the suit is completely dry before it is put into storage.
Appendix B to Sec.1910.120--General Description and Discussion of the
Levels of Protection and Protective Gear
This appendix sets forth information about personal protective
equipment (PPE) protection levels which may be used to assist employers
in complying with the PPE requirements of this section.
As required by the standard, PPE must be selected which will protect
employees from the specific hazards which they are likely to encounter
during their work on-site.
Selection of the appropriate PPE is a complex process which should
take into consideration a variety of factors. Key factors involved in
this process are identification of the hazards, or suspected hazards;
their routes of potential hazard to employees (inhalation, skin
absorption, ingestion, and eye or skin contact); and the performance of
the PPE materials (and seams) in providing a barrier to these hazards.
The amount of protection provided by PPE is material-hazard specific.
That is, protective equipment materials will protect well against some
hazardous substances and poorly, or not at all, against others. In many
instances, protective equipment materials cannot be found which will
provide continuous protection from the particular hazardous substance.
In these cases the breakthrough time of the protective material should
exceed the work durations.
Other factors in this selection process to be considered are
matching the PPE to the employee's work requirements and task-specific
conditions. The durability of PPE materials, such as tear strength and
seam strength, should be considered in relation to the employee's tasks.
The effects of PPE in relation to heat stress and task duration are a
factor in selecting and using PPE. In some cases layers of PPE may be
necessary to provide sufficient protection, or to protect expensive PPE
inner garments, suits or equipment.
The more that is known about the hazards at the site, the easier the
job of PPE selection becomes. As more information about the hazards and
conditions at the site becomes available, the site supervisor can make
decisions to up-grade or down-grade the level of PPE protection to match
the tasks at hand.
The following are guidelines which an employer can use to begin the
selection of the appropriate PPE. As noted above, the site information
may suggest the use of combinations of PPE selected from the different
protection levels (i.e., A, B, C, or D) as being more suitable to the
hazards of the work. It should be cautioned that the listing below does
not fully address the performance of the specific PPE material in
relation to the specific hazards at the job site, and that PPE
selection, evaluation and re-selection is an ongoing process until
sufficient information about the hazards and PPE performance is
obtained.
Part A. Personal protective equipment is divided into four
categories based on the degree of protection afforded. (See part B of
this appendix for further explanation of Levels A, B, C, and D hazards.)
I. Level A--To be selected when the greatest level of skin,
respiratory, and eye protection is required.
The following constitute Level A equipment; it may be used as
appropriate;
1. Positive pressure, full face-piece self-contained breathing
apparatus (SCBA), or positive pressure supplied air respirator with
escape SCBA, approved by the National Institute for Occupational Safety
and Health (NIOSH).
2. Totally-encapsulating chemical-protective suit.
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3. Coveralls. \1\
4. Long underwear. \1\
5. Gloves, outer, chemical-resistant.
6. Gloves, inner, chemical-resistant.
7. Boots, chemical-resistant, steel toe and shank.
8. Hard hat (under suit). \1\
9. Disposable protective suit, gloves and boots (depending on suit
construction, may be worn over totally-encapsulating suit).
II. Level B--The highest level of respiratory protection is
necessary but a lesser level of skin protection is needed.
The following constitute Level B equipment; it may be used as
appropriate.
1. Positive pressure, full-facepiece self-contained breathing
apparatus (SCBA), or positive pressure supplied air respirator with
escape SCBA (NIOSH approved).
2. Hooded chemical-resistant clothing (overalls and long-sleeved
jacket; coveralls; one or two-piece chemical-splash suit; disposable
chemical-resistant overalls).
3. Coveralls. \1\
4. Gloves, outer, chemical-resistant.
5. Gloves, inner, chemical-resistant.
6. Boots, outer, chemical-resistant steel toe and shank.
7. Boot-covers, outer, chemical-resistant (disposable). \1\
8. Hard hat. \1\
9. [Reserved]
10. Face shield. \1\
III. Level C--The concentration(s) and type(s) of airborne
substance(s) is known and the criteria for using air purifying
respirators are met.
The following constitute Level C equipment; it may be used as
appropriate.
1. Full-face or half-mask, air purifying respirators (NIOSH
approved).
2. Hooded chemical-resistant clothing (overalls; two-piece chemical-
splash suit; disposable chemical-resistant overalls).
3. Coveralls. \1\
---------------------------------------------------------------------------
\1\ Optional, as applicable.
---------------------------------------------------------------------------
4. Gloves, outer, chemical-resistant.
5. Gloves, inner, chemical-resistant.
6. Boots (outer), chemical-resistant steel toe and shank. \1\
7. Boot-covers, outer, chemical-resistant (disposable) \1\.
8. Hard hat. \1\
9. Escape mask. \1\
10. Face shield. \1\
IV. Level D--A work uniform affording minimal protection, used for
nuisance contamination only.
The following constitute Level D equipment; it may be used as
appropriate:
1. Coveralls.
2. Gloves. \1\
3. Boots/shoes, chemical-resistant steel toe and shank.
4. Boots, outer, chemical-resistant (disposable). \1\
5. Safety glasses or chemical splash goggles*.
6. Hard hat. \1\
7. Escape mask. \1\
8. Face shield. \1\
Part B. The types of hazards for which levels A, B, C, and D
protection are appropriate are described below:
I. Level A--Level A protection should be used when:
1. The hazardous substance has been identified and requires the
highest level of protection for skin, eyes, and the respiratory system
based on either the measured (or potential for) high concentration of
atmospheric vapors, gases, or particulates; or the site operations and
work functions involve a high potential for splash, immersion, or
exposure to unexpected vapors, gases, or particulates of materials that
are harmful to skin or capable of being absorbed through the skin;
2. Substances with a high degree of hazard to the skin are known or
suspected to be present, and skin contact is possible; or
3. Operations are being conducted in confined, poorly ventilated
areas, and the absence of conditions requiring Level A have not yet been
determined.
II. Level B--Level B protection should be used when:
1. The type and atmospheric concentration of substances have been
identified and require a high level of respiratory protection, but less
skin protection;
2. The atmosphere contains less than 19.5 percent oxygen; or
3. The presence of incompletely identified vapors or gases is
indicated by a direct-reading organic vapor detection instrument, but
vapors and gases are not suspected of containing high levels of
chemicals harmful to skin or capable of being absorbed through the skin.
Note: This involves atmospheres with IDLH concentrations of specific
substances that present severe inhalation hazards and that do not
represent a severe skin hazard; or that do not meet the criteria for use
of air-purifying respirators.
III. Level C--Level C protection should be used when:
1. The atmospheric contaminants, liquid splashes, or other direct
contact will not adversely affect or be absorbed through any exposed
skin;
2. The types of air contaminants have been identified,
concentrations measured, and an air-purifying respirator is available
that can remove the contaminants; and
3. All criteria for the use of air-purifying respirators are met.
IV. Level D--Level D protection should be used when:
1. The atmosphere contains no known hazard; and
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2. Work functions preclude splashes, immersion, or the potential for
unexpected inhalation of or contact with hazardous levels of any
chemicals.
Note: As stated before, combinations of personal protective
equipment other than those described for Levels A, B, C, and D
protection may be more appropriate and may be used to provide the proper
level of protection.
As an aid in selecting suitable chemical protective clothing, it
should be noted that the National Fire Protection Association (NFPA) has
developed standards on chemical protective clothing. The standards that
have been adopted by include:
NFPA 1991--Standard on Vapor-Protective Suits for Hazardous Chemical
Emergencies (EPA Level A Protective Clothing).
NFPA 1992--Standard on Liquid Splash-Protective Suits for Hazardous
Chemical Emergencies (EPA Level B Protective Clothing).
NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-
emergency, Non-flammable Hazardous Chemical Situations (EPA Level B
Protective Clothing).
These standards apply documentation and performance requirements to
the manufacture of chemical protective suits. Chemical protective suits
meeting these requirements are labelled as compliant with the
appropriate standard. It is recommended that chemical protective suits
that meet these standards be used.
Appendix C to Sec.1910.120--Compliance Guidelines
1. Occupational Safety and Health Program. Each hazardous waste site
clean-up effort will require an occupational safety and health program
headed by the site coordinator or the employer's representative. The
purpose of the program will be the protection of employees at the site
and will be an extension of the employer's overall safety and health
program. The program will need to be developed before work begins on the
site and implemented as work proceeds as stated in paragraph (b). The
program is to facilitate coordination and communication of safety and
health issues among personnel responsible for the various activities
which will take place at the site. It will provide the overall means for
planning and implementing the needed safety and health training and job
orientation of employees who will be working at the site. The program
will provide the means for identifying and controlling worksite hazards
and the means for monitoring program effectiveness. The program will
need to cover the responsibilities and authority of the site coordinator
or the employer's manager on the site for the safety and health of
employees at the site, and the relationships with contractors or support
services as to what each employer's safety and health responsibilities
are for their employees on the site. Each contractor on the site needs
to have its own safety and health program so structured that it will
smoothly interface with the program of the site coordinator or principal
contractor.
Also those employers involved with treating, storing or disposal of
hazardous waste as covered in paragraph (p) must have implemented a
safety and health program for their employees. This program is to
include the hazard communication program required in paragraph (p)(1)
and the training required in paragraphs (p)(7) and (p)(8) as parts of
the employers comprehensive overall safety and health program. This
program is to be in writing.
Each site or workplace safety and health program will need to
include the following: (1) Policy statements of the line of authority
and accountability for implementing the program, the objectives of the
program and the role of the site safety and health supervisor or manager
and staff; (2) means or methods for the development of procedures for
identifying and controlling workplace hazards at the site; (3) means or
methods for the development and communication to employees of the
various plans, work rules, standard operating procedures and practices
that pertain to individual employees and supervisors; (4) means for the
training of supervisors and employees to develop the needed skills and
knowledge to perform their work in a safe and healthful manner; (5)
means to anticipate and prepare for emergency situations; and (6) means
for obtaining information feedback to aid in evaluating the program and
for improving the effectiveness of the program. The management and
employees should be trying continually to improve the effectiveness of
the program thereby enhancing the protection being afforded those
working on the site.
Accidents on the site or workplace should be investigated to provide
information on how such occurrences can be avoided in the future. When
injuries or illnesses occur on the site or workplace, they will need to
be investigated to determine what needs to be done to prevent this
incident from occurring again. Such information will need to be used as
feedback on the effectiveness of the program and the information turned
into positive steps to prevent any reoccurrence. Receipt of employee
suggestions or complaints relating to safety and health issues involved
with site or workplace activities is also a feedback mechanism that can
be used effectively to improve the program and may serve in part as an
evaluative tool(s).
For the development and implementation of the program to be the most
effective, professional safety and health personnel should be used.
Certified Safety Professionals,
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Board Certified Industrial Hygienists or Registered Professional Safety
Engineers are good examples of professional stature for safety and
health managers who will administer the employer's program.
2. Training. The training programs for employees subject to the
requirements of paragraph (e) of this standard should address: the
safety and health hazards employees should expect to find on hazardous
waste clean-up sites; what control measures or techniques are effective
for those hazards; what monitoring procedures are effective in
characterizing exposure levels; what makes an effective employer's
safety and health program; what a site safety and health plan should
include; hands on training with personal protective equipment and
clothing they may be expected to use; the contents of the OSHA standard
relevant to the employee's duties and function; and, employee's
responsibilities under OSHA and other regulations. Supervisors will need
training in their responsibilities under the safety and health program
and its subject areas such as the spill containment program, the
personal protective equipment program, the medical surveillance program,
the emergency response plan and other areas.
The training programs for employees subject to the requirements of
paragraph (p) of this standard should address: the employers safety and
health program elements impacting employees; the hazard communication
program; the medical surveillance program; the hazards and the controls
for such hazards that employees need to know for their job duties and
functions. All require annual refresher training.
The training programs for employees covered by the requirements of
paragraph (q) of this standard should address those competencies
required for the various levels of response such as: the hazards
associated with hazardous substances; hazard identification and
awareness; notification of appropriate persons; the need for and use of
personal protective equipment including respirators; the decontamination
procedures to be used; preplanning activities for hazardous substance
incidents including the emergency reponse plan; company standard
operating procedures for hazardous substance emergency responses; the
use of the incident command system and other subjects. Hands-on training
should be stressed whenever possible. Critiques done after an incident
which include an evaluation of what worked and what did not and how
could the incident be better handled the next time may be counted as
training time.
For hazardous materials specialists (usually members of hazardous
materials teams), the training should address the care, use and/or
testing of chemical protective clothing including totally encapsulating
suits, the medical surveillance program, the standard operating
procedures for the hazardous materials team including the use of
plugging and patching equipment and other subject areas.
Officers and leaders who may be expected to be in charge at an
incident should be fully knowledgeable of their company's incident
command system. They should know where and how to obtain additional
assistance and be familiar with the local district's emergency response
plan and the state emergency response plan.
Specialist employees such as technical experts, medical experts or
environmental experts that work with hazardous materials in their
regular jobs, who may be sent to the incident scene by the shipper,
manufacturer or governmental agency to advise and assist the person in
charge of the incident should have training on an annual basis. Their
training should include the care and use of personal protective
equipment including respirators; knowledge of the incident command
system and how they are to relate to it; and those areas needed to keep
them current in their respective field as it relates to safety and
health involving specific hazardous substances.
Those skilled support personnel, such as employees who work for
public works departments or equipment operators who operate bulldozers,
sand trucks, backhoes, etc., who may be called to the incident scene to
provide emergency support assistance, should have at least a safety and
health briefing before entering the area of potential or actual
exposure. These skilled support personnel, who have not been a part of
the emergency response plan and do not meet the training requirements,
should be made aware of the hazards they face and should be provided all
necessary protective clothing and equipment required for their tasks.
There are two National Fire Protection Association standards, NFPA
472--``Standard for Professional Competence of Responders to Hazardous
Material Incidents'' and NFPA 471--``Recommended Practice for Responding
to Hazardous Material Incidents'', which are excellent resource
documents to aid fire departments and other emergency response
organizations in developing their training program materials. NFPA 472
provides guidance on the skills and knowledge needed for first responder
awareness level, first responder operations level, hazmat technicians,
and hazmat specialist. It also offers guidance for the officer corp who
will be in charge of hazardous substance incidents.
3. Decontamination. Decontamination procedures should be tailored to
the specific hazards of the site, and may vary in complexity and number
of steps, depending on the level of hazard and the employee's exposure
to the hazard. Decontamination procedures and PPE decontamination
methods will vary depending upon the specific substance, since one
procedure or method may
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not work for all substances. Evaluation of decontamination methods and
procedures should be performed, as necessary, to assure that employees
are not exposed to hazards by re-using PPE. References in appendix D may
be used for guidance in establishing an effective decontamination
program. In addition, the U.S. Coast Guard's Manual, ``Policy Guidance
for Response to Hazardous Chemical Releases,'' U.S. Department of
Transportation, Washington, DC (COMDTINST M16465.30) is a good reference
for establishing an effective decontamination program.
4. Emergency response plans. States, along with designated districts
within the states, will be developing or have developed local emergency
response plans. These state and district plans should be utilized in the
emergency response plans called for in the standard. Each employer
should assure that its emergency response plan is compatible with the
local plan. The major reference being used to aid in developing the
state and local district plans is the Hazardous Materials Emergency
Planning Guide, NRT-1. The current Emergency Response Guidebook from the
U.S. Department of Transportation, CMA's CHEMTREC and the Fire Service
Emergency Management Handbook may also be used as resources.
Employers involved with treatment, storage, and disposal facilities
for hazardous waste, which have the required contingency plan called for
by their permit, would not need to duplicate the same planning elements.
Those items of the emergency response plan that are properly addressed
in the contingency plan may be substituted into the emergency response
plan required in 1910.120 or otherwise kept together for employer and
employee use.
5. Personal protective equipment programs. The purpose of personal
protective clothing and equipment (PPE) is to shield or isolate
individuals from the chemical, physical, and biologic hazards that may
be encountered at a hazardous substance site.
As discussed in appendix B, no single combination of protective
equipment and clothing is capable of protecting against all hazards.
Thus PPE should be used in conjunction with other protective methods and
its effectiveness evaluated periodically.
The use of PPE can itself create significant worker hazards, such as
heat stress, physical and psychological stress, and impaired vision,
mobility, and communication. For any given situation, equipment and
clothing should be selected that provide an adequate level of
protection. However, over-protection, as well as under-protection, can
be hazardous and should be avoided where possible.
Two basic objectives of any PPE program should be to protect the
wearer from safety and health hazards, and to prevent injury to the
wearer from incorrect use and/or malfunction of the PPE. To accomplish
these goals, a comprehensive PPE program should include hazard
identification, medical monitoring, environmental surveillance,
selection, use, maintenance, and decontamination of PPE and its
associated training.
The written PPE program should include policy statements,
procedures, and guidelines. Copies should be made available to all
employees, and a reference copy should be made available at the
worksite. Technical data on equipment, maintenance manuals, relevant
regulations, and other essential information should also be collected
and maintained.
6. Incident command system (ICS). Paragraph 1910.120(q)(3)(ii)
requires the implementation of an ICS. The ICS is an organized approach
to effectively control and manage operations at an emergency incident.
The individual in charge of the ICS is the senior official responding to
the incident. The ICS is not much different than the ``command post''
approach used for many years by the fire service. During large complex
fires involving several companies and many pieces of apparatus, a
command post would be established. This enabled one individual to be in
charge of managing the incident, rather than having several officers
from different companies making separate, and sometimes conflicting,
decisions. The individual in charge of the command post would delegate
responsibility for performing various tasks to subordinate officers.
Additionally, all communications were routed through the command post to
reduce the number of radio transmissions and eliminate confusion.
However, strategy, tactics, and all decisions were made by one
individual.
The ICS is a very similar system, except it is implemented for
emergency response to all incidents, both large and small, that involve
hazardous substances.
For a small incident, the individual in charge of the ICS may
perform many tasks of the ICS. There may not be any, or little,
delegation of tasks to subordinates. For example, in response to a small
incident, the individual in charge of the ICS, in addition to normal
command activities, may become the safety officer and may designate only
one employee (with proper equipment) as a back-up to provide assistance
if needed. OSHA does recommend, however, that at least two employees be
designated as back-up personnel since the assistance needed may include
rescue.
To illustrate the operation of the ICS, the following scenario might
develop during a small incident, such as an overturned tank truck with a
small leak of flammable liquid.
The first responding senior officer would implement and take command
of the ICS. That person would size-up the incident and determine if
additional personnel and apparatus were necessary; would determine what
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actions to take to control the leak; and, determine the proper level of
personal protective equipment. If additional assistance is not needed,
the individual in charge of the ICS would implement actions to stop and
control the leak using the fewest number of personnel that can
effectively accomplish the tasks. The individual in charge of the ICS
then would designate himself as the safety officer and two other
employees as a back-up in case rescue may become necessary. In this
scenario, decontamination procedures would not be necessary.
A large complex incident may require many employees and difficult,
time-consuming efforts to control. In these situations, the individual
in charge of the ICS will want to delegate different tasks to
subordinates in order to maintain a span of control that will keep the
number of subordinates, that are reporting, to a manageable level.
Delegation of task at large incidents may be by location, where the
incident scene is divided into sectors, and subordinate officers
coordinate activities within the sector that they have been assigned.
Delegation of tasks can also be by function. Some of the functions
that the individual in charge of the ICS may want to delegate at a large
incident are: medical services; evacuation; water supply; resources
(equipment, apparatus); media relations; safety; and, site control
(integrate activities with police for crowd and traffic control). Also
for a large incident, the individual in charge of the ICS will designate
several employees as back-up personnel; and a number of safety officers
to monitor conditions and recommend safety precautions.
Therefore, no matter what size or complexity an incident may be, by
implementing an ICS there will be one individual in charge who makes the
decisions and gives directions; and, all actions, and communications are
coordinated through one central point of command. Such a system should
reduce confusion, improve safety, organize and coordinate actions, and
should facilitate effective management of the incident.
7. Site Safety and Control Plans. The safety and security of
response personnel and others in the area of an emergeny response
incident site should be of primary concern to the incident commander.
The use of a site safety and control plan could greatly assist those in
charge of assuring the safety and health of employees on the site.
A comprehensive site safety and control plan should include the
following: summary analysis of hazards on the site and a risk analysis
of those hazards; site map or sketch; site work zones (clean zone,
transition or decontamination zone, work or hot zone); use of the buddy
system; site communications; command post or command center; standard
operating procedures and safe work practices; medical assistance and
triage area; hazard monitoring plan (air contaminate monitoring, etc.);
decontamination procedures and area; and other relevant areas. This plan
should be a part of the employer's emergency response plan or an
extension of it to the specific site.
8. Medical surveillance programs. Workers handling hazardous
substances may be exposed to toxic chemicals, safety hazards, biologic
hazards, and radiation. Therefore, a medical surveillance program is
essential to assess and monitor workers' health and fitness for
employment in hazardous waste operations and during the course of work;
to provide emergency and other treatment as needed; and to keep accurate
records for future reference.
The Occupational Safety and Health Guidance Manual for Hazardous
Waste Site Activities developed by the National Institute for
Occupational Safety and Health (NIOSH), the Occupational Safety and
Health Administration (OSHA), the U.S. Coast Guard (USCG), and the
Environmental Protection Agency (EPA); October 1985 provides an
excellent example of the types of medical testing that should be done as
part of a medical surveillance program.
9. New Technology and Spill Containment Programs. Where hazardous
substances may be released by spilling from a container that will expose
employees to the hazards of the materials, the employer will need to
implement a program to contain and control the spilled material. Diking
and ditching, as well as use of absorbents like diatomaceous earth, are
traditional techniques which have proven to be effective over the years.
However, in recent years new products have come into the marketplace,
the use of which complement and increase the effectiveness of these
traditional methods. These new products also provide emergency
responders and others with additional tools or agents to use to reduce
the hazards of spilled materials.
These agents can be rapidly applied over a large area and can be
uniformly applied or otherwise can be used to build a small dam, thus
improving the workers' ability to control spilled material. These
application techniques enhance the intimate contact between the agent
and the spilled material allowing for the quickest effect by the agent
or quickest control of the spilled material. Agents are available to
solidify liquid spilled materials, to suppress vapor generation from
spilled materials, and to do both. Some special agents, which when
applied as recommended by the manufacturer, will react in a controlled
manner with the spilled material to neutralize acids or caustics, or
greatly reduce the level of hazard of the spilled material.
There are several modern methods and devices for use by emergency
response personnel or others involved with spill control efforts to
safely apply spill control agents to
[[Page 402]]
control spilled material hazards. These include portable pressurized
applicators similar to hand-held portable fire extinguishing devices,
and nozzle and hose systems similar to portable fire fighting foam
systems which allow the operator to apply the agent without having to
come into contact with the spilled material. The operator is able to
apply the agent to the spilled material from a remote position.
The solidification of liquids provides for rapid containment and
isolation of hazardous substance spills. By directing the agent at run-
off points or at the edges of the spill, the reactant solid will
automatically create a barrier to slow or stop the spread of the
material. Clean-up of hazardous substances is greatly improved when
solidifying agents, acid or caustic neutralizers, or activated carbon
adsorbents are used. Properly applied, these agents can totally solidify
liquid hazardous substances or neutralize or absorb them, which results
in materials which are less hazardous and easier to handle, transport,
and dispose of. The concept of spill treatment, to create less hazardous
substances, will improve the safety and level of protection of employees
working at spill clean-up operations or emergency response operations to
spills of hazardous substances.
The use of vapor suppression agents for volatile hazardous
substances, such as flammable liquids and those substances which present
an inhalation hazard, is important for protecting workers. The rapid and
uniform distribution of the agent over the surface of the spilled
material can provide quick vapor knockdown. There are temporary and
long-term foam-type agents which are effective on vapors and dusts, and
activated carbon adsorption agents which are effective for vapor control
and soaking-up of the liquid. The proper use of hose lines or hand-held
portable pressurized applicators provides good mobility and permits the
worker to deliver the agent from a safe distance without having to step
into the untreated spilled material. Some of these systems can be
recharged in the field to provide coverage of larger spill areas than
the design limits of a single charged applicator unit. Some of the more
effective agents can solidify the liquid flammable hazardous substances
and at the same time elevate the flashpoint above 140 [deg]F so the
resulting substance may be handled as a nonhazardous waste material if
it meets the U.S. Environmental Protection Agency's 40 CFR part 261
requirements (See particularly Sec.261.21).
All workers performing hazardous substance spill control work are
expected to wear the proper protective clothing and equipment for the
materials present and to follow the employer's established standard
operating procedures for spill control. All involved workers need to be
trained in the established operating procedures; in the use and care of
spill control equipment; and in the associated hazards and control of
such hazards of spill containment work.
These new tools and agents are the things that employers will want
to evaluate as part of their new technology program. The treatment of
spills of hazardous substances or wastes at an emergency incident as
part of the immediate spill containment and control efforts is sometimes
acceptable to EPA and a permit exception is described in 40 CFR
264.1(g)(8) and 265.1(c)(11).
Appendix D to Sec.1910.120--References
The following references may be consulted for further information on
the subject of this standard:
1. OSHA Instruction DFO CPL 2.70--January 29, 1986, Special Emphasis
Program: Hazardous Waste Sites.
2. OSHA Instruction DFO CPL 2-2.37A--January 29, 1986, Technical
Assistance and Guidelines for Superfund and Other Hazardous Waste Site
Activities.
3. OSHA Instruction DTS CPL 2.74--January 29, 1986, Hazardous Waste
Activity Form, OSHA 175.
4. Hazardous Waste Inspections Reference Manual, U.S. Department of
Labor, Occupational Safety and Health Administration, 1986.
5. Memorandum of Understanding Among the National Institute for
Occupational Safety and Health, the Occupational Safety and Health
Administration, the United States Coast Guard, and the United States
Environmental Protection Agency, Guidance for Worker Protection During
Hazardous Waste Site Investigations and Clean-up and Hazardous Substance
Emergencies. December 18, 1980.
6. National Priorities List, 1st Edition, October 1984; U.S.
Environmental Protection Agency, Revised periodically.
7. The Decontamination of Response Personnel, Field Standard
Operating Procedures (F.S.O.P.) 7; U.S. Environmental Protection Agency,
Office of Emergency and Remedial Response, Hazardous Response Support
Division, December 1984.
8. Preparation of a Site Safety Plan, Field Standard Operating
Procedures (F.S.O.P.) 9; U.S. Environmental Protection Agency, Office of
Emergency and Remedial Response, Hazardous Response Support Division,
April 1985.
9. Standard Operating Safety Guidelines; U.S. Environmental
Protection Agency, Office of Emergency and Remedial Response, Hazardous
Response Support Division, Environmental Response Team; November 1984.
10. Occupational Safety and Health Guidance Manual for Hazardous
Waste Site Activities, National Institute for Occupational Safety and
Health (NIOSH), Occupational Safety and Health Administration (OSHA),
U.S. Coast Guard (USCG), and Environmental Protection Agency (EPA);
October 1985.
[[Page 403]]
11. Protecting Health and Safety at Hazardous Waste Sites: An
Overview, U.S. Environmental Protection Agency, EPA/625/9-85/006;
September 1985.
12. Hazardous Waste Sites and Hazardous Substance Emergencies, NIOSH
Worker Bulletin, U.S. Department of Health and Human Services, Public
Health Service, Centers for Disease Control, National Institute for
Occupational Safety and Health; December 1982.
13. Personal Protective Equipment for Hazardous Materials Incidents:
A Selection Guide; U.S. Department of Health and Human Services, Public
Health Service, Centers for Disease Control, National Institute for
Occupational Safety and Health; October 1984.
14. Fire Service Emergency Management Handbook, International
Association of Fire Chiefs Foundation, 101 East Holly Avenue, Unit 10B,
Sterling, VA 22170, January 1985.
15. Emergency Response Guidebook, U.S Department of Transportation,
Washington, DC, 1987.
16. Report to the Congress on Hazardous Materials Training, Planning
and Preparedness, Federal Emergency Management Agency, Washington, DC,
July 1986.
17. Workbook for Fire Command, Alan V. Brunacini and J. David
Beageron, National Fire Protection Association, Batterymarch Park,
Quincy, MA 02269, 1985.
18. Fire Command, Alan V. Brunacini, National Fire Protection
Association, Batterymarch Park,, Quincy, MA 02269, 1985.
19. Incident Command System, Fire Protection Publications, Oklahoma
State University, Stillwater, OK 74078, 1983.
20. Site Emergency Response Planning, Chemical Manufacturers
Association, Washington, DC 20037, 1986.
21. Hazardous Materials Emergency Planning Guide, NRT-1,
Environmental Protection Agency, Washington, DC, March 1987.
22. Community Teamwork: Working Together to Promote Hazardous
Materials Transportation Safety. U.S. Department of Transportation,
Washington, DC, May 1983.
23. Disaster Planning Guide for Business and Industry, Federal
Emergency Management Agency, Publication No. FEMA 141, August 1987.
(The Office of Management and Budget has approved the information
collection requirements in this section under control number 1218-0139)
Appendix E to Sec.1910.120--Training Curriculum Guidelines
The following non-mandatory general criteria may be used for
assistance in developing site-specific training curriculum used to meet
the training requirements of 29 CFR 1910.120(e); 29 CFR 1910.120(p)(7),
(p)(8)(iii); and 29 CFR 1910.120(q)(6), (q)(7), and (q)(8). These are
generic guidelines and they are not presented as a complete training
curriculum for any specific employer. Site-specific training programs
must be developed on the basis of a needs assessment of the hazardous
waste site, RCRA/TSDF, or emergency response operation in accordance
with 29 CFR 1910.120.
It is noted that the legal requirements are set forth in the
regulatory text of Sec.1910.120. The guidance set forth here presents
a highly effective program that in the areas covered would meet or
exceed the regulatory requirements. In addition, other approaches could
meet the regulatory requirements.
Suggested General Criteria
Definitions:
``Competent'' means possessing the skills, knowledge, experience,
and judgment to perform assigned tasks or activities satisfactorily as
determined by the employer.
``Demonstration'' means the showing by actual use of equipment or
procedures.
``Hands-on training'' means training in a simulated work environment
that permits each student to have experience performing tasks, making
decisions, or using equipment appropriate to the job assignment for
which the training is being conducted.
``Initial training'' means training required prior to beginning
work.
``Lecture'' means an interactive discourse with a class lead by an
instructor.
``Proficient'' means meeting a stated level of achievement.
``Site-specific'' means individual training directed to the
operations of a specific job site.
``Training hours'' means the number of hours devoted to lecture,
learning activities, small group work sessions, demonstration,
evaluations, or hands-on experience.
Suggested core criteria:
1. Training facility. The training facility should have available
sufficient resources, equipment, and site locations to perform didactic
and hands-on training when appropriate. Training facilities should have
sufficient organization, support staff, and services to conduct training
in each of the courses offered.
2. Training Director. Each training program should be under the
direction of a training director who is responsible for the program. The
Training Director should have a minimum of two years of employee
education experience.
3. Instructors. Instructors should be deem competent on the basis of
previous documented experience in their area of instruction, successful
completion of a ``train-the-trainer'' program specific to the topics
they will teach, and an evaluation of instructional competence by the
Training Director.
Instructors should be required to maintain professional competency
by participating in
[[Page 404]]
continuing education or professional development programs or by
completing successfully an annual refresher course and having an annual
review by the Training Director.
The annual review by the Training Director should include
observation of an instructor's delivery, a review of those observations
with the trainer, and an analysis of any instructor or class evaluations
completed by the students during the previous year.
4. Course materials. The Training Director should approve all course
materials to be used by the training provider. Course materials should
be reviewed and updated at least annually. Materials and equipment
should be in good working order and maintained properly.
All written and audio-visual materials in training curricula should
be peer reviewed by technically competent outside reviewers or by a
standing advisory committee.
Reviews should possess expertise in the following disciplines were
applicable: occupational health, industrial hygiene and safety,
chemical/environmental engineering, employee education, or emergency
response. One or more of the peer reviewers should be an employee
experienced in the work activities to which the training is directed.
5. Students. The program for accepting students should include:
a. Assurance that the student is or will be involved in work where
chemical exposures are likely and that the student possesses the skills
necessary to perform the work.
b. A policy on the necessary medical clearance.
6. Ratios. Student-instructor ratios should not exceed 30 students
per instructor. Hands-on activity requiring the use of personal
protective equipment should have the following student-instructor
ratios. For Level C or Level D personal protective equipment the ratio
should be 10 students per instructor. For Level A or Level B personal
protective equipment the ratio should be 5 students per instructor.
7. Proficiency assessment. Proficiency should be evaluated and
documented by the use of a written assessment and a skill demonstration
selected and developed by the Training Director and training staff. The
assessment and demonstration should evaluate the knowledge and
individual skills developed in the course of training. The level of
minimum achievement necessary for proficiency shall be specified in
writing by the Training Director.
If a written test is used, there should be a minimum of 50
questions. If a written test is used in combination with a skills
demonstration, a minimum of 25 questions should be used. If a skills
demonstration is used, the tasks chosen and the means to rate successful
completion should be fully documented by the Training Director.
The content of the written test or of the skill demonstration shall
be relevant to the objectives of the course. The written test and skill
demonstration should be updated as necessary to reflect changes in the
curriculum and any update should be approved by the Training Director.
The proficiency assessment methods, regardless of the approach or
combination of approaches used, should be justified, documented and
approved by the Training Director.
The proficiency of those taking the additional courses for
supervisors should be evaluated and documented by using proficiency
assessment methods acceptable to the Training Director. These
proficiency assessment methods must reflect the additional
responsibilities borne by supervisory personnel in hazardous waste
operations or emergency response.
8. Course certificate. Written documentation should be provided to
each student who satisfactorily completes the training course. The
documentation should include:
a. Student's name.
b. Course title.
c. Course date.
d. Statement that the student has successfully completed the course.
e. Name and address of the training provider.
f. An individual identification number for the certificate.
g. List of the levels of personal protective equipment used by the
student to complete the course.
This documentation may include a certificate and an appropriate
wallet-sized laminated card with a photograph of the student and the
above information. When such course certificate cards are used, the
individual identification number for the training certificate should be
shown on the card.
9. Recordkeeping. Training providers should maintain records listing
the dates courses were presented, the names of the individual course
attenders, the names of those students successfully completing each
course, and the number of training certificates issued to each
successful student. These records should be maintained for a minimum of
five years after the date an individual participated in a training
program offered by the training provider. These records should be
available and provided upon the student's request or as mandated by law.
10. Program quality control. The Training Director should conduct or
direct an annual written audit of the training program. Program
modifications to address deficiencies, if any, should be documented,
approved, and implemented by the training provider. The audit and the
program modification documents should be maintained at the training
facility.
[[Page 405]]
Suggested Program Quality Control Criteria
Factors listed here are suggested criteria for determining the
quality and appropriateness of employee health and safety training for
hazardous waste operations and emergency response.
A. Training Plan.
Adequacy and appropriateness of the training program's curriculum
development, instructor training, distribution of course materials, and
direct student training should be considered, including
1. The duration of training, course content, and course schedules/
agendas;
2. The different training requirements of the various target
populations, as specified in the appropriate generic training
curriculum;
3. The process for the development of curriculum, which includes
appropriate technical input, outside review, evaluation, program
pretesting.
4. The adequate and appropriate inclusion of hands-on,
demonstration, and instruction methods;
5. Adequate monitoring of student safety, progress, and performance
during the training.
B. Program management, Training Director, staff, and consultants.
Adequacy and appropriateness of staff performance and delivering an
effective training program should be considered, including
1. Demonstration of the training director's leadership in assuring
quality of health and safety training.
2. Demonstration of the competency of the staff to meet the demands
of delivering high quality hazardous waste employee health and safety
training.
3. Organization charts establishing clear lines of authority.
4. Clearly defined staff duties including the relationship of the
training staff to the overall program.
5. Evidence that the training organizational structure suits the
needs of the training program.
6. Appropriateness and adequacy of the training methods used by the
instructors.
7. Sufficiency of the time committed by the training director and
staff to the training program.
8. Adequacy of the ratio of training staff to students.
9. Availability and commitment of the training program of adequate
human and equipment resources in the areas of
a. Health effects,
b. Safety,
c. Personal protective equipment (PPE),
d. Operational procedures,
e. Employee protection practices/procedures.
10. Appropriateness of management controls.
11. Adequacy of the organization and appropriate resources assigned
to assure appropriate training.
12. In the case of multiple-site training programs, adequacy of
satellite centers management.
C. Training facilities and resources.
Adequacy and appropriateness of the facilities and resources for
supporting the training program should be considered, including,
1. Space and equipment to conduct the training.
2. Facilities for representative hands-on training.
3. In the case of multiple-site programs, equipment and facilities
at the satellite centers.
4. Adequacy and appropriateness of the quality control and
evaluations program to account for instructor performance.
5. Adequacy and appropriateness of the quality control and
evaluation program to ensure appropriate course evaluation, feedback,
updating, and corrective action.
6. Adequacy and appropriateness of disciplines and expertise being
used within the quality control and evaluation program.
7. Adequacy and appropriateness of the role of student evaluations
to provide feedback for training program improvement.
D. Quality control and evaluation.
Adequacy and appropriateness of quality control and evaluation plans
for training programs should be considered, including:
1. A balanced advisory committee and/or competent outside reviewers
to give overall policy guidance;
2. Clear and adequate definition of the composition and active
programmatic role of the advisory committee or outside reviewers.
3. Adequacy of the minutes or reports of the advisory committee or
outside reviewers' meetings or written communication.
4. Adequacy and appropriateness of the quality control and
evaluations program to account for instructor performance.
5. Adequacy and appropriateness of the quality control and
evaluation program to ensure appropriate course evaluation, feedback,
updating, and corrective action.
6. Adequacy and appropriateness of disciplines and expertise being
used within the quality control and evaluation program.
7. Adequacy and appropriateness of the role of student evaluations
to provide feedback for training program improvement.
E. Students
Adequacy and appropriateness of the program for accepting students
should be considered, including
1. Assurance that the student already possess the necessary skills
for their job, including necessary documentation.
2. Appropriateness of methods the program uses to ensure that
recruits are capable of satisfactorily completing training.
[[Page 406]]
3. Review and compliance with any medical clearance policy.
F. Institutional Environment and Administrative Support
The adequacy and appropriateness of the institutional environment
and administrative support system for the training program should be
considered, including
1. Adequacy of the institutional commitment to the employee training
program.
2. Adequacy and appropriateness of the administrative structure and
administrative support.
G. Summary of Evaluation Questions
Key questions for evaluating the quality and appropriateness of an
overall training program should include the following:
1. Are the program objectives clearly stated?
2. Is the program accomplishing its objectives?
3. Are appropriate facilities and staff available?
4. Is there an appropriate mix of classroom, demonstration, and
hands-on training?
5. Is the program providing quality employee health and safety
training that fully meets the intent of regulatory requirements?
6. What are the program's main strengths?
7. What are the program's main weaknesses?
8. What is recommended to improve the program?
9. Are instructors instructing according to their training outlines?
10. Is the evaluation tool current and appropriate for the program
content?
11. Is the course material current and relevant to the target group?
Suggested Training Curriculum Guidelines
The following training curriculum guidelines are for those
operations specifically identified in 29 CFR 1910.120 as requiring
training. Issues such as qualifications of instructors, training
certification, and similar criteria appropriate to all categories of
operations addressed in 1910.120 have been covered in the preceding
section and are not re-addressed in each of the generic guidelines.
Basic core requirements for training programs that are addressed include
1. General Hazardous Waste Operations
2. RCRA operations--Treatment, storage, and disposal facilities.
3. Emergency Response.
A. General Hazardous Waste Operations and Site-specific Training
1. Off-site training.Training course content for hazardous waste
operations, required by 29 CFR 1910.120(e), should include the following
topics or procedures:
a. Regulatory knowledge.
(1) An review of 29 CFR 1910.120 and the core elements of an
occupational safety and health program.
(2) The content of a medical surveillance program as outlined in 29
CFR 1910.120(f).
(3) The content of an effective site safety and health plan
consistent with the requirements of 29 CFR 1910.120(b)(4)(ii).
(4) Emergency response plan and procedures as outlined in 29 CFR
1910.38 and 29 CFR 1910.120(l).
(5) Adequate illumination.
(6) Sanitation recommendation and equipment.
(7) Review and explanation of OSHA's hazard-communication standard
(29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR 1910.147).
(8) Review of other applicable standards including but not limited
to those in the construction standards (29 CFR part 1926).
(9) Rights and responsibilities of employers and employees under
applicable OSHA and EPA laws.
b. Technical knowledge.
(1) Type of potential exposures to chemical, biological, and
radiological hazards; types of human responses to these hazards and
recognition of those responses; principles of toxicology and information
about acute and chronic hazards; health and safety considerations of new
technology.
(2) Fundamentals of chemical hazards including but not limited to
vapor pressure, boiling points, flash points, ph, other physical and
chemical properties.
(3) Fire and explosion hazards of chemicals.
(4) General safety hazards such as but not limited to electrical
hazards, powered equipment hazards, motor vehicle hazards, walking-
working surface hazards, excavation hazards, and hazards associated with
working in hot and cold temperature extremes.
(5) Review and knowledge of confined space entry procedures in 29
CFR 1910.146.
(6) Work practices to minimize employee risk from site hazards.
(7) Safe use of engineering controls, equipment, and any new
relevant safety technology or safety procedures.
(8) Review and demonstration of competency with air sampling and
monitoring equipment that may be used in a site monitoring program.
(9) Container sampling procedures and safeguarding; general drum and
container handling procedures including special requirement for
laboratory waste packs, shock-sensitive wastes, and radioactive wastes.
(10) The elements of a spill control program.
(11) Proper use and limitations of material handling equipment.
(12) Procedures for safe and healthful preparation of containers for
shipping and transport.
[[Page 407]]
(13) Methods of communication including those used while wearing
respiratory protection.
c. Technical skills.
(1) Selection, use maintenance, and limitations of personal
protective equipment including the components and procedures for
carrying out a respirator program to comply with 29 CFR 1910.134.
(2) Instruction in decontamination programs including personnel,
equipment, and hardware; hands-on training including level A, B, and C
ensembles and appropriate decontamination lines; field activities
including the donning and doffing of protective equipment to a level
commensurate with the employee's anticipated job function and
responsibility and to the degree required by potential hazards.
(3) Sources for additional hazard information; exercises using
relevant manuals and hazard coding systems.
d. Additional suggested items.
(1) A laminated, dated card or certificate with photo, denoting
limitations and level of protection for which the employee is trained
should be issued to those students successfully completing a course.
(2) Attendance should be required at all training modules, with
successful completion of exercises and a final written or oral
examination with at least 50 questions.
(3) A minimum of one-third of the program should be devoted to
hands-on exercises.
(4) A curriculum should be established for the 8-hour refresher
training required by 29 CFR 1910.120(e)(8), with delivery of such
courses directed toward those areas of previous training that need
improvement or reemphasis.
(5) A curriculum should be established for the required 8-hour
training for supervisors. Demonstrated competency in the skills and
knowledge provided in a 40-hour course should be a prerequisite for
supervisor training.
2. Refresher training.
The 8-hour annual refresher training required in 29 CFR
1910.120(e)(8) should be conducted by qualified training providers.
Refresher training should include at a minimum the following topics and
procedures:
(a) Review of and retraining on relevant topics covered in the 40-
hour program, as appropriate, using reports by the students on their
work experiences.
(b) Update on developments with respect to material covered in the
40-hour course.
(c) Review of changes to pertinent provisions of EPA or OSHA
standards or laws.
(d) Introduction of additional subject areas as appropriate.
(e) Hands-on review of new or altered PPE or decontamination
equipment or procedures. Review of new developments in personal
protective equipment.
(f) Review of newly developed air and contaminant monitoring
equipment.
3. On-site training.
a. The employer should provide employees engaged in hazardous waste
site activities with information and training prior to initial
assignment into their work area, as follows:
(1) The requirements of the hazard communication program including
the location and availability of the written program, required lists of
hazardous chemicals, and safety data sheets.
(2) Activities and locations in their work area where hazardous
substance may be present.
(3) Methods and observations that may be used to detect the present
or release of a hazardous chemical in the work area (such as monitoring
conducted by the employer, continuous monitoring devices, visual
appearances, or other evidence (sight, sound or smell) of hazardous
chemicals being released, and applicable alarms from monitoring devices
that record chemical releases.
(4) The physical and health hazards of substances known or
potentially present in the work area.
(5) The measures employees can take to help protect themselves from
work-site hazards, including specific procedures the employer has
implemented.
(6) An explanation of the labeling system and safety data sheets and
how employees can obtain and use appropriate hazard information.
(7) The elements of the confined space program including special
PPE, permits, monitoring requirements, communication procedures,
emergency response, and applicable lock-out procedures.
b. The employer should provide hazardous waste employees information
and training and should provide a review and access to the site safety
and plan as follows:
(1) Names of personnel and alternate responsible for site safety and
health.
(2) Safety and health hazards present on the site.
(3) Selection, use, maintenance, and limitations of personal
protective equipment specific to the site.
(4) Work practices by which the employee can minimize risks from
hazards.
(5) Safe use of engineering controls and equipment available on
site.
(6) Safe decontamination procedures established to minimize employee
contact with hazardous substances, including:
(A) Employee decontamination,
(B) Clothing decontamination, and
(C) Equipment decontamination.
(7) Elements of the site emergency response plan, including:
(A) Pre-emergency planning.
(B) Personnel roles and lines of authority and communication.
[[Page 408]]
(C) Emergency recognition and prevention.
(D) Safe distances and places of refuge.
(E) Site security and control.
(F) Evacuation routes and procedures.
(G) Decontamination procedures not covered by the site safety and
health plan.
(H) Emergency medical treatment and first aid.
(I) Emergency equipment and procedures for handling emergency
incidents.
c. The employer should provide hazardous waste employees information
and training on personal protective equipment used at the site, such as
the following:
(1) PPE to be used based upon known or anticipated site hazards.
(2) PPE limitations of materials and construction; limitations
during temperature extremes, heat stress, and other appropriate medical
considerations; use and limitations of respirator equipment as well as
documentation procedures as outlined in 29 CFR 1910.134.
(3) PPE inspection procedures prior to, during, and after use.
(4) PPE donning and doffing procedures.
(5) PPE decontamination and disposal procedures.
(6) PPE maintenance and storage.
(7) Task duration as related to PPE limitations.
d. The employer should instruct the employee about the site medical
surveillance program relative to the particular site, including
(1) Specific medical surveillance programs that have been adapted
for the site.
(2) Specific signs and symptoms related to exposure to hazardous
materials on the site.
(3) The frequency and extent of periodic medical examinations that
will be used on the site.
(4) Maintenance and availability of records.
(5) Personnel to be contacted and procedures to be followed when
signs and symptoms of exposures are recognized.
e. The employees will review and discuss the site safety plan as
part of the training program. The location of the site safety plan and
all written programs should be discussed with employees including a
discussion of the mechanisms for access, review, and references
described.
B. RCRA Operations Training for Treatment, Storage and Disposal
Facilities.
1. As a minimum, the training course required in 29 CFR 1910.120 (p)
should include the following topics:
(a) Review of the applicable paragraphs of 29 CFR 1910.120 and the
elements of the employer's occupational safety and health plan.
(b) Review of relevant hazards such as, but not limited to,
chemical, biological, and radiological exposures; fire and explosion
hazards; thermal extremes; and physical hazards.
(c) General safety hazards including those associated with
electrical hazards, powered equipment hazards, lock-out-tag-out
procedures, motor vehicle hazards and walking-working surface hazards.
(d) Confined-space hazards and procedures.
(e) Work practices to minimize employee risk from workplace hazards.
(f) Emergency response plan and procedures including first aid
meeting the requirements of paragraph (p)(8).
(g) A review of procedures to minimize exposure to hazardous waste
and various type of waste streams, including the materials handling
program and spill containment program.
(h) A review of hazard communication programs meeting the
requirements of 29 CFR 1910.1200.
(i) A review of medical surveillance programs meeting the
requirements of 29 CFR 1910.120(p)(3) including the recognition of signs
and symptoms of overexposure to hazardous substance including known
synergistic interactions.
(j) A review of decontamination programs and procedures meeting the
requirements of 29 CFR 1910.120(p)(4).
(k) A review of an employer's requirements to implement a training
program and its elements.
(l) A review of the criteria and programs for proper selection and
use of personal protective equipment, including respirators.
(m) A review of the applicable appendices to 29 CFR 1910.120.
(n) Principles of toxicology and biological monitoring as they
pertain to occupational health.
(o) Rights and responsibilities of employees and employers under
applicable OSHA and EPA laws.
(p) Hands-on exercises and demonstrations of competency with
equipment to illustrate the basic equipment principles that may be used
during the performance of work duties, including the donning and doffing
of PPE.
(q) Sources of reference, efficient use of relevant manuals, and
knowledge of hazard coding systems to include information contained in
hazardous waste manifests.
(r) At least 8 hours of hands-on training.
(s) Training in the job skills required for an employee's job
function and responsibility before they are permitted to participate in
or supervise field activities.
2. The individual employer should provide hazardous waste employees
with information and training prior to an employee's initial assignment
into a work area. The training and information should cover the
following topics:
(a) The Emergency response plan and procedures including first aid.
(b) A review of the employer's hazardous waste handling procedures
including the materials handling program and elements of the
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spill containment program, location of spill response kits or equipment,
and the names of those trained to respond to releases.
(c) The hazardous communication program meeting the requirements of
29 CFR 1910.1200.
(d) A review of the employer's medical surveillance program
including the recognition of signs and symptoms of exposure to relevant
hazardous substance including known synergistic interactions.
(e) A review of the employer's decontamination program and
procedures.
(f) An review of the employer's training program and the parties
responsible for that program.
(g) A review of the employer's personal protective equipment program
including the proper selection and use of PPE based upon specific site
hazards.
(h) All relevant site-specific procedures addressing potential
safety and health hazards. This may include, as appropriate, biological
and radiological exposures, fire and explosion hazards, thermal hazards,
and physical hazards such as electrical hazards, powered equipment
hazards, lock-out-tag-out hazards, motor vehicle hazards, and walking-
working surface hazards.
(i) Safe use engineering controls and equipment on site.
(j) Names of personnel and alternates responsible for safety and
health.
C. Emergency response training.
Federal OSHA standards in 29 CFR 1910.120(q) are directed toward
private sector emergency responders. Therefore, the guidelines provided
in this portion of the appendix are directed toward that employee
population. However, they also impact indirectly through State OSHA or
USEPA regulations some public sector emergency responders. Therefore,
the guidelines provided in this portion of the appendix may be applied
to both employee populations.
States with OSHA state plans must cover their employees with
regulations at least as effective as the Federal OSHA standards. Public
employees in states without approved state OSHA programs covering
hazardous waste operations and emergency response are covered by the
U.S. EPA under 40 CFR 311, a regulation virtually identical to Sec.
1910.120.
Since this is a non-mandatory appendix and therefore not an
enforceable standard, OSHA recommends that those employers, employees or
volunteers in public sector emergency response organizations outside
Federal OSHA jurisdiction consider the following criteria in developing
their own training programs. A unified approach to training at the
community level between emergency response organizations covered by
Federal OSHA and those not covered directly by Federal OSHA can help
ensure an effective community response to the release or potential
release of hazardous substances in the community.
a. General considerations.
Emergency response organizations are required to consider the topics
listed in Sec.1910.120(q)(6). Emergency response organizations may use
some or all of the following topics to supplement those mandatory topics
when developing their response training programs. Many of the topics
would require an interaction between the response provider and the
individuals responsible for the site where the response would be
expected.
(1) Hazard recognition, including:
(A) Nature of hazardous substances present,
(B) Practical applications of hazard recognition, including
presentations on biology, chemistry, and physics.
(2) Principles of toxicology, biological monitoring, and risk
assessment.
(3) Safe work practices and general site safety.
(4) Engineering controls and hazardous waste operations.
(5) Site safety plans and standard operating procedures.
(6) Decontamination procedures and practices.
(7) Emergency procedures, first aid, and self-rescue.
(8) Safe use of field equipment.
(9) Storage, handling, use and transportation of hazardous
substances.
(10) Use, care, and limitations of personal protective equipment.
(11) Safe sampling techniques.
(12) Rights and responsibilities of employees under OSHA and other
related laws concerning right-to-know, safety and health, compensations
and liability.
(13) Medical monitoring requirements.
(14) Community relations.
b. Suggested criteria for specific courses.
(1) First responder awareness level.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1910.120(q).
(B) Hands-on experience with the U.S. Department of Transportation's
Emergency Response Guidebook (ERG) and familiarization with OSHA
standard 29 CFR 1910.1201.
(C) Review of the principles and practices for analyzing an incident
to determine both the hazardous substances present and the basic hazard
and response information for each hazardous substance present.
(D) Review of procedures for implementing actions consistent with
the local emergency response plan, the organization's standard operating
procedures, and the current edition of DOT's ERG including emergency
notification procedures and follow-up communications.
(E) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered
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equipment hazards, motor vehicle hazards, and walking-working surface
hazards.
(F) Awareness and knowledge of the competencies for the First
Responder at the Awareness Level covered in the National Fire Protection
Association's Standard No. 472, Professional Competence of Responders to
Hazardous Materials Incidents.
(2) First responder operations level.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1910.120(q).
(B) Hands-on experience with the U.S. Department of Transportation's
Emergency Response Guidebook (ERG), manufacturer safety data sheets,
CHEMTREC/CANUTEC, shipper or manufacturer contacts, and other relevant
sources of information addressing hazardous substance releases.
Familiarization with OSHA standard 29 CFR 1910.1201.
(C) Review of the principles and practices for analyzing an incident
to determine the hazardous substances present, the likely behavior of
the hazardous substance and its container, the types of hazardous
substance transportation containers and vehicles, the types and
selection of the appropriate defensive strategy for containing the
release.
(D) Review of procedures for implementing continuing response
actions consistent with the local emergency response plan, the
organization's standard operating procedures, and the current edition of
DOT's ERG including extended emergency notification procedures and
follow-up communications.
(E) Review of the principles and practice for proper selection and
use of personal protective equipment.
(F) Review of the principles and practice of personnel and equipment
decontamination.
(G) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered equipment
hazards, motor vehicle hazards, and walking-working surface hazards.
(H) Awareness and knowledge of the competencies for the First
Responder at the Operations Level covered in the National Fire
Protection Association's Standard No. 472, Professional Competence of
Responders to Hazardous Materials Incidents.
(3) Hazardous materials technician.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1910.120(q).
(B) Hands-on experience with written and electronic information
relative to response decision making including but not limited to the
U.S. Department of Transportation's Emergency Response Guidebook (ERG),
manufacturer safety data sheets, CHEMTREC/CANUTEC, shipper or
manufacturer contacts, computer data bases and response models, and
other relevant sources of information addressing hazardous substance
releases. Familiarization with OSHA standard 29 CFR 1910.1201.
(C) Review of the principles and practices for analyzing an incident
to determine the hazardous substances present, their physical and
chemical properties, the likely behavior of the hazardous substance and
its container, the types of hazardous substance transportation
containers and vehicles involved in the release, the appropriate
strategy for approaching release sites and containing the release.
(D) Review of procedures for implementing continuing response
actions consistent with the local emergency response plan, the
organization's standard operating procedures, and the current edition of
DOT's ERG including extended emergency notification procedures and
follow-up communications.
(E) Review of the principles and practice for proper selection and
use of personal protective equipment.
(F) Review of the principles and practices of establishing exposure
zones, proper decontamination and medical surveillance stations and
procedures.
(G) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered equipment
hazards, motor vehicle hazards, and walking-working surface hazards.
(H) Awareness and knowledge of the competencies for the Hazardous
Materials Technician covered in the National Fire Protection
Association's Standard No. 472, Professional Competence of Responders to
Hazardous Materials Incidents.
(4) Hazardous materials specialist.
(A) Review of and demonstration of competency in performing the
applicable skills of 29 CFR 1910.120(q).
(B) Hands-on experience with retrieval and use of written and
electronic information relative to response decision making including
but not limited to the U.S. Department of Transportation's Emergency
Response Guidebook (ERG), manufacturer safety data sheets, CHEMTREC/
CANUTEC, shipper or manufacturer contacts, computer data bases and
response models, and other relevant sources of information addressing
hazardous substance releases. Familiarization with OSHA standard 29 CFR
1910.1201.
(C) Review of the principles and practices for analyzing an incident
to determine the hazardous substances present, their physical and
chemical properties, and the likely behavior of the hazardous substance
and its container, vessel, or vehicle.
(D) Review of the principles and practices for identification of the
types of hazardous substance transportation containers, vessels and
vehicles involved in the release; selecting and using the various types
of equipment available for plugging or patching transportation
containers, vessels or vehicles; organizing and directing the use of
multiple teams of hazardous material technicians and
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selecting the appropriate strategy for approaching release sites and
containing or stopping the release.
(E) Review of procedures for implementing continuing response
actions consistent with the local emergency response plan, the
organization's standard operating procedures, including knowledge of the
available public and private response resources, establishment of an
incident command post, direction of hazardous material technician teams,
and extended emergency notification procedures and follow-up
communications.
(F) Review of the principles and practice for proper selection and
use of personal protective equipment.
(G) Review of the principles and practices of establishing exposure
zones and proper decontamination, monitoring and medical surveillance
stations and procedures.
(H) Review of the expected hazards including fire and explosions
hazards, confined space hazards, electrical hazards, powered equipment
hazards, motor vehicle hazards, and walking-working surface hazards.
(I) Awareness and knowledge of the competencies for the Off-site
Specialist Employee covered in the National Fire Protection
Association's Standard No. 472, Professional Competence of Responders to
Hazardous Materials Incidents.
(5) Incident commander.
The incident commander is the individual who, at any one time, is
responsible for and in control of the response effort. This individual
is the person responsible for the direction and coordination of the
response effort. An incident commander's position should be occupied by
the most senior, appropriately trained individual present at the
response site. Yet, as necessary and appropriate by the level of
response provided, the position may be occupied by many individuals
during a particular response as the need for greater authority,
responsibility, or training increases. It is possible for the first
responder at the awareness level to assume the duties of incident
commander until a more senior and appropriately trained individual
arrives at the response site.
Therefore, any emergency responder expected to perform as an
incident commander should be trained to fulfill the obligations of the
position at the level of response they will be providing including the
following:
(A) Ability to analyze a hazardous substance incident to determine
the magnitude of the response problem.
(B) Ability to plan and implement an appropriate response plan
within the capabilities of available personnel and equipment.
(C) Ability to implement a response to favorably change the outcome
of the incident in a manner consistent with the local emergency response
plan and the organization's standard operating procedures.
(D) Ability to evaluate the progress of the emergency response to
ensure that the response objectives are being met safely, effectively,
and efficiently.
(E) Ability to adjust the response plan to the conditions of the
response and to notify higher levels of response when required by the
changes to the response plan.
[54 FR 9317, Mar. 6, 1989, as amended at 55 FR 14073, Apr. 13, 1990; 56
FR 15832, Apr. 18, 1991; 59 FR 43270, Aug. 22, 1994; 61 FR 9238, Mar. 7,
1996; 67 FR 67964, Nov. 7, 2002; 71 FR 16672, Apr. 3, 2006; 76 FR 80738,
Dec. 27, 2011; 77 FR 17776, Mar. 26, 2012; 78 FR 9313, Feb. 8, 2013; 84
FR 21597, May 14, 2019]
Sec.1910.121 [Reserved]
Dipping and Coating Operations
Source: 64 FR 13909, Mar. 23, 1999, unless otherwise noted.