[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2022 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 29

Labor


________________________

Parts 1900 to Sec.  1910.999

                         Revised as of July 1, 2022

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2022
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



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

  Title 29:
    SUBTITLE B--Regulations Relating to Labor (Continued)
          Chapter XVII--Occupational Safety and Health 
          Administration, Department of Labor                        5
  Finding Aids:
      Table of CFR Titles and Chapters........................     957
      Alphabetical List of Agencies Appearing in the CFR......     977
      List of CFR Sections Affected...........................     987

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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.

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

[[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

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    To determine whether a Code volume has been amended since its 
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OMB CONTROL NUMBERS

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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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that volume.

[[Page vii]]

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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2022







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                               THIS TITLE

    Title 29--Labor is composed of nine volumes. The parts in these 
volumes are arranged in the following order: Parts 0-99, parts 100-499, 
parts 500-899, parts 900-1899, 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, 2022.

    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)

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

          SUBTITLE B--Regulations Relating to Labor (Continued)

                                                                    Part

chapter xvii--Occupational Safety and Health Administration, 
  Department of Labor.......................................        1902

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          Subtitle B--Regulations Relating to Labor (Continued)

[[Page 5]]



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




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

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                       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, 2022 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 
$10,360 and shall not exceed $145,027.
    (2) Repeated violation. The penalty per repeated violation under 
section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $145,027.
    (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 $14,502.
    (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 $14,502.
    (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 $14,502 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 $14,502.

[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; 86 FR 2969, Jan. 14, 2021; 87 FR 2336, 
Jan. 14, 2022]



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.

[[Page 40]]

    (c) An employer to whom a citation has been issued may post a notice 
in the same location where such citation is posted indicating that the 
citation is being contested before the Review Commission, and such 
notice may explain the reasons for such contest. The employer may also 
indicate that specified steps have been taken to abate the violation.
    (d) Any employer failing to comply with the provisions of paragraphs 
(a) and (b) of this section shall be subject to citation and penalty in 
accordance with 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.

[[Page 97]]

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)

                           Subpart U_COVID	19

1910.501 [Reserved]
1910.502 Healthcare.
1910.504 Mini Respiratory Protection Program.
1910.505 Severability.
1910.509 Incorporation by reference.

                         Subparts V	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.

[[Page 99]]



Sec.  1910.2  Definitions.

    As used in this part, unless the context clearly requires otherwise:
    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970 (84 Stat. 1590).
    (b) Assistant Secretary of Labor means the Assistant Secretary of 
Labor for Occupational Safety and Health;
    (c) Employer means a person engaged in a business affecting commerce 
who has employees, but does not include the United States or any State 
or political subdivision of a State;
    (d) Employee means an employee of an employer who is employed in a 
business of his employer which affects commerce;
    (e) Commerce means trade, traffic, commerce, transportation, or 
communication among the several States, or between a State and any place 
outside thereof, or within the District of Columbia, or a possession of 
the United States (other than the Trust Territory of the Pacific 
Islands), or between points in the same State but through a point 
outside thereof;
    (f) Standard means a standard which requires conditions, or the 
adoption or use of one or more practices, means, methods, operations, or 
processes, reasonably necessary or appropriate to provide safe or 
healthful employment and places of employment;
    (g) National consensus standard means any standard or modification 
thereof which (1) has been adopted and promulgated by a nationally 
recognized standards-producing organization under procedures whereby it 
can be determined by the Secretary of Labor or by the Assistant 
Secretary of Labor that persons interested and affected by the scope or 
provisions of the standard have reached substantial agreement on its 
adoption, (2) was formulated in a manner which afforded an opportunity 
for diverse views to be considered, and (3) has been designated as such 
a standard by the Secretary or the Assistant Secretary, after 
consultation with other appropriate Federal agencies; and
    (h) Established Federal standard means any operative standard 
established by any agency of the United States and in effect on April 
28, 1971, or contained in any Act of Congress in force on the date of 
enactment of the Williams-Steiger Occupational Safety and Health Act.



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

[[Page 100]]

petition of any person, by rule promulgate as a standard any national 
consensus standard and any established Federal standard, pursuant to and 
in accordance with section 6(a) of the Act, and, in addition, may modify 
or revoke any standard in this part 1910. In the event of conflict among 
any such standards, the Assistant Secretary of Labor shall take the 
action necessary to eliminate the conflict, including the revocation or 
modification of a standard in this part, so as to assure the greatest 
protection of the safety or health of the affected employees.



Sec.  1910.5  Applicability of standards.

    (a) Except as provided in paragraph (b) of this section, the 
standards contained in this Part shall apply with respect to employments 
performed in a workplace in a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, 
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

[[Page 101]]

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 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).

[[Page 102]]

    (15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of 
Abrasive Wheels, IBR approved for Sec. Sec.  1910.215(b)(12) and 
1910.218(j).
    (16) ANSI B15.1-53 (R 58) Safety Code for Mechanical Power 
Transmission Apparatus, IBR approved for Sec. Sec.  1910.68(b)(4) and 
1910.261 (a)(3)(ix), (b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv), 
(k)(12), and (l)(3).
    (17) ANSI B20.1-57 Safety Code for Conveyors, Cableways, and Related 
Equipment, IBR approved for Sec. Sec.  1910.218(j)(3); 1910.261 
(a)(3)(x), (b)(1), (c)(15)(iv), (f)(4), and (j)(2); 1910.265(c)(18)(i).
    (18) ANSI B30.2-43 (R 52) Safety Code for Cranes, Derricks, and 
Hoists, IBR approved for Sec.  1910.261 (a)(3)(xi), (c)(2)(vi), and 
(c)(8) (i) and (iv).
    (19) ANSI B30.2.0-67 Safety Code for Overhead and Gantry Cranes, IBR 
approved for Sec. Sec.  1910.179(b)(2); 1910.261 (a)(3)(xii), (c)(2)(v), 
and (c)(8) (i) and (iv).
    (20) ANSI B30.5-68 Safety Code for Crawler, Locomotive, and Truck 
Cranes, IBR approved for Sec. Sec.  1910.180(b)(2) and 
1910.261(a)(3)(xiii).
    (21) ANSI B30.6-69 Safety Code for Derricks, IBR approved for 
Sec. Sec.  1910.181(b)(2) and 1910.268(j)(4)(iv) (E) and (H).
    (22) ANSI B31.1-55 Code for Pressure Piping, IBR approved for Sec.  
1910.261(g)(18)(iii).
    (23) ANSI B31.1-67, IBR approved for Sec.  1910.253(d)(1)(i)(A)
    (24) ANSI B31.1a-63 Addenda to ANSI B31.1 (1955), IBR approved for 
Sec.  1910.261(g)(18)(iii).
    (25) ANSI B31.1-67 and Addenda B31.1 (1969) Code for Pressure 
Piping, IBR approved for Sec. Sec.  1910.103(b)(1)(iii)(b); 
1910.104(b)(5)(ii); 1910.218 (d)(4) and (e)(1)(iv); and 1910.261 
(a)(3)(xiv) and (g)(18)(iii).
    (26) ANSI B31.2-68 Fuel Gas Piping, IBR approved for Sec.  
1910.261(g)(18)(iii).
    (27) ANSI B31.3-66 Petroleum Refinery Piping, IBR approved for Sec.  
1910.103(b)(3)(v)(b).
    (28) ANSI B31.5-66 Addenda B31.5a (1968) Refrigeration Piping, IB 
approved for Sec. Sec.  1910.103(b)(3)(v)(b) and 1910.111(b)(7)(iii).
    (29) ANSI B56.1-69 Safety Standard for Powered Industrial Trucks, 
IBR approved for Sec. Sec.  1910.178(a) (2) and (3) and 1910.261 
(a)(3)(xv), (b)(6), (m)(2), and (m)(5)(iii).
    (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,

[[Page 103]]

IBR approved for Sec.  1910.261 (a)(3)(xviii) and (g)(15)(vi).
    (48) [Reserved]
    (49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open 
Surface Tanks, IBR approved for 1910.261(a)(3)(xix), (g)(18)(v), and 
(h)(2)(i).
    (50) ANSI Z9.1-71 Practices for Ventilation and Operation of Open-
Surface Tanks, IBR approved for Sec.  1910.124(b)(4)(iv).
    (51) ANSI Z9.2-60 Fundamentals Governing the Design and Operation of 
Local Exhaust Systems, IBR approved for Sec. Sec.  1910.94(a)(4)(i) 
introductory text, (a)(6) introductory text, (b)(3)(ix), (b)(4)(i) and 
(ii), (c)(3)(i) introductory text, (c)(5)(iii)(b), and (c)(7)(iv)(a); 
1910.261(a)(3)(xx), (g)(1)(i) and (iii), and (h)(2)(ii).
    (52) ANSI Z9.2-79 Fundamentals Governing the Design and Operation of 
Local Exhaust Systems, IBR approved for Sec.  1910.124(b)(4)(i).
    (53) ANSI Z12.12-68 Standard for the Prevention of Sulfur Fires and 
Explosions, IBR approved for Sec.  1910.261 (a)(3)(xxi), (d)(1)(i), 
(f)(2)(iv), and (g)(1)(i).
    (54) ANSI Z12.20-62 (R 69) Code for the Prevention of Dust 
Explosions in Woodworking and Wood Flour Manufacturing Plants, IBR 
approved for Sec.  1910.265(c)(20)(i).
    (55) ANSI Z21.30-64 Requirements for Gas Appliances and Gas Piping 
Installations, IBR approved for Sec.  1910.265(c)(15).
    (56) ANSI Z24.22-57 Method of Measurement of Real-Ear Attenuation of 
Ear Protectors at Threshold, IBR approved for Sec.  
1910.261(a)(3)(xxii).
    (57) ANSI Z33.1-61 Installation of Blower and Exhaust Systems for 
Dust, Stock, and Vapor Removal or Conveying, IBR approved for Sec. Sec.  
1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii) and (f)(5); and 
1910.265(c)(20)(i).
    (58) ANSI Z33.1-66 Installation of Blower and Exhaust Systems for 
Dust, Stock, and Vapor Removal or Conveying, IBR approved for Sec.  
1910.94(a)(2)(ii).
    (59) ANSI Z35.1-1968, Specifications for Accident Prevention Signs; 
IBR approved for Sec.  1910.261(c). Copies available for purchase from 
the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; 
telephone: 1-877-413-5184; Web site: www.global.ihs.com.
    (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;

[[Page 104]]

telephone: 212-642-4980; Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: 877-699-9277; Web site: www.techstreet.com.
    (68) ANSI Z54.1-63 Safety Standard for Non-Medical X-Ray and Sealed 
Gamma Ray Sources, IBR approved for Sec.  1910.252(d) (1)(vii) and 
(2)(ii).
    (69) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, Approved April 13, 2010; IBR approved for 
Sec.  1910.133(b). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (70) ANSI Z87.1-2003, Occupational and Educational Eye and Face 
Personal Protection Devices Approved June 19, 2003; IBR approved for 
Sec. Sec.  1910.133(b). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1910.133(b). Copies are available for 
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; 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

[[Page 105]]

Sec.  1910.261(a)(3)(xxv), (d)(1)(ii), (f)(5), (g)(1), (g)(15)(v), 
(g)(18)(ii), and (i)(4).
    (78) ANSI Z89.1-1969 Safety Requirements for Industrial Head 
Protection; IBR approved for Sec.  1910.261(a)(3)(xxvii), (b)(2), 
(g)(15)(v), and (i)(4).
    (79) ANSI Z89.2-1971 Safety Requirements for Industrial Protective 
Helmets for Electrical Workers, Class B; IBR approved for Sec.  
1910.268(i)(1).
    (f) The following material is available for purchase from the 
American Petroleum Institute (API), 1220 L Street NW, Washington DC 
20005:
    (1) [Reserved]
    (2) API 12B (May 1958) Specification for Bolted Production Tanks, 
11th Ed., With Supplement No. 1, Mar. 1962, IBR approved for Sec.  
1910.106(b)(1)(i)(a)(3).
    (3) API 12D (Aug. 1957) Specification for Large Welded Production 
Tanks, 7th Ed., IBR approved for Sec.  1910.106(b)(1)(i)(a)(3).
    (4) API 12F (Mar. 1961) Specification for Small Welded Production 
Tanks, 5th Ed., IBR approved for Sec.  1910.106(b)(1)(i)(a)(3).
    (5) API 620, Fourth Ed. (1970) Including appendix R, Recommended 
Rules for Design and Construction of Large Welded Low Pressure Storage 
Tanks, IBR approved for Sec. Sec.  1910.103(c)(1)(i)(a); 
1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1) (ii) and (iii).
    (6) API 650 (1966) Welded Steel Tanks for Oil Storage, 3rd Ed., IBR 
approved for Sec.  1910.106(b)(1)(iii)(a)(2).
    (7) API 1104 (1968) Standard for Welding Pipelines and Related 
Facilities, IBR approved for Sec.  1910.252(d)(1)(v).
    (8) API 2000 (1968) Venting Atmospheric and Low Pressure Storage 
Tanks, IBR approved for Sec.  1910.106(b)(2)(iv)(b)(1).
    (9) API 2201 (1963) Welding or Hot Tapping on Equipment Containing 
Flammables, IBR approved for Sec.  1910.252(d)(1)(vi).
    (g) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), United Engineering 
Center, 345 East 47th Street, New York, NY 10017:
    (1) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1949, 1950, 
1952, 1956, 1959, and 1962 Ed., IBR approved for Sec. Sec.  1910.110 
(b)(10)(iii) (Table H-26), (d)(2) (Table H-31); (e)(3)(i) (Table H-32), 
(h)(2) (Table H-34); and 1910.111(b)(2)(vi);
    (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.

[[Page 106]]

    (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.
    (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).

[[Page 107]]

    (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).
    (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.

[[Page 108]]

    (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:
    (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

[[Page 109]]

approved for Sec. Sec.  1910.110 (b)(3)(iv) and (i)(3) (i) and (ii); and 
1910.178(f)(2).
    (13) NFPA 59-1968 Standard for the Storage and Handling of Liquefied 
Petroleum Gases at Utility Gas Plants, IBR approved for Sec. Sec.  
1910.110 (b)(3)(iv) and (i)(2)(iv).
    (14) NFPA 62-1967 Standard for the Prevention of Dust Explosions in 
the Production, Packaging, and Handling of Pulverized Sugar and Cocoa, 
IBR approved for Sec.  1910.263(k)(2)(i).
    (15) NFPA 68-1954 Guide for Explosion Venting, IBR approved for 
Sec.  1910.94(a)(2)(iii).
    (16) [Reserved]
    (17) NFPA 78-1968 Lightning Protection Code, IBR approved for Sec.  
1910.109(i)(6)(ii).
    (18) NFPA 80-1968 Standard for Fire Doors and Windows, IBR approved 
for Sec.  1910.106(d)(4)(i).
    (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

[[Page 110]]

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.
    (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.

[[Page 111]]

    (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.



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

[[Page 112]]

it may specify. The recognition procedure shall be conducted in 
accordance with appendix A to this section.
    (f) Fees. (1) Each applicant for NRTL recognition and each NRTL must 
pay fees for services provided by OSHA in advance of the provision of 
those services. OSHA will assess fees for the following services:
    (i) Processing of applications for initial recognition, expansion of 
recognition, or renewal of recognition, including on-site reviews; 
review and evaluation of the applications; and preparation of reports, 
evaluations and Federal Register notices; and
    (ii) Audits of sites.
    (2) The fee schedule established by OSHA reflects the full cost of 
performing the activities for each service listed in paragraph (f)(1) of 
this section. OSHA calculates the fees based on either the average or 
actual time required to perform the work necessary; the staff costs per 
hour (which include wages, fringe benefits, and expenses other than 
travel for personnel that perform or administer the activities covered 
by the fees); and the average or actual costs for travel when on-site 
reviews are involved. The formula for the fee calculation is as follows:

Activity Fee = [Average (or Actual) Hours to Complete the Activity x 
Staff Costs per Hour] + Average (or Actual) Travel Costs

    (3)(i) OSHA will review the full costs periodically and will propose 
a revised fee schedule, if warranted. In its review, OSHA will apply the 
formula established in paragraph (f)(2) of this section to the current 
estimated full costs for the NRTL Program. If a change is warranted, 
OSHA will follow the implementation shown in paragraph (f)(4) of this 
section.
    (ii) OSHA will publish all fee schedules in the Federal Register. 
Once published, a fee schedule remains in effect until it is superseded 
by a new fee schedule. Any member of the public may request a change to 
the fees included in the current fee schedule. Such a request must 
include appropriate documentation in support of the suggested change. 
OSHA will consider such requests during its annual review of the fee 
schedule.
    (4) OSHA will implement periodic review, and fee assessment, 
collection, and payment, as follows:

------------------------------------------------------------------------
            Milestones/Dates                      Action required
------------------------------------------------------------------------
                   I. Periodic Review of Fee Schedule
------------------------------------------------------------------------
When review completed...................  OSHA will publish any proposed
                                           new fee schedule in the
                                           Federal Register if OSHA
                                           determines that costs warrant
                                           changes in the fee schedule.
Fifteen days after publication..........  Comments due on the proposed
                                           new fee schedule.
When OSHA approves the fee schedule.....  OSHA will publish the final
                                           fee schedule in the Federal
                                           Register, making the fee
                                           schedule effective on a
                                           specific date.
------------------------------------------------------------------------
                     II. Application Processing Fees
------------------------------------------------------------------------
Time of application.....................  Applicant must pay the
                                           applicable fees in the fee
                                           schedule that are due when
                                           submitting an application;
                                           OSHA will not begin
                                           processing the application
                                           until it receives the fees.
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.

[[Page 123]]

    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

[[Page 124]]

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

[[Page 125]]

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

[[Page 126]]

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.

[[Page 127]]

[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);

[[Page 128]]

    (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.

[[Page 129]]

[GRAPHIC] [TIFF OMITTED] TR18NO16.347


[[Page 130]]


[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,

[[Page 131]]

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.

[[Page 132]]

[GRAPHIC] [TIFF OMITTED] TR18NO16.349

    (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.

[[Page 133]]

    (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.

[[Page 166]]

    (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,

[[Page 169]]

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

[[Page 171]]

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

[[Page 172]]

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

[[Page 173]]

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.

[[Page 174]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.012


[[Page 175]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.013


[[Page 176]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.014


[[Page 177]]



                 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.

[[Page 178]]

    (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

[[Page 179]]

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

[[Page 180]]

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

[[Page 181]]

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=16.61 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

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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

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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

[[Page 367]]

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

[[Page 368]]

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.

[[Page 369]]

    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

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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

[[Page 395]]

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

[[Page 396]]

    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.

[[Page 397]]

    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

[[Page 398]]

    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.

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    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

[[Page 409]]

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

[[Page 410]]

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

[[Page 411]]

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.



Sec.  1910.122  Table of contents.

    This section lists the paragraph headings contained in Sec. Sec.  
1910.123 through 1910.126.

Sec.  1910.123 Dipping and coating operations: Coverage and definitions.

    (a) Does this rule apply to me?
    (b) What operations are covered?
    (c) What operations are not covered?
    (d) How are terms used in Sec. Sec.  1910.123 through 1910.126 
defined?

 Sec.  1910.124 General requirements for dipping and coating operations.

    (a) What construction requirements apply to dip tanks?
    (b) What ventilation requirements apply to vapor areas?
    (c) What requirements must I follow to recirculate exhaust air into 
the workplace?
    (d) What must I do when I use an exhaust hood?
    (e) What requirements must I follow when an employee enters a dip 
tank?
    (f) What first-aid procedures must my employees know?
    (g) What hygiene facilities must I provide?
    (h) What treatment and first aid must I provide?
    (i) What must I do before an employee cleans a dip tank?
    (j) What must I do to inspect and maintain my dipping or coating 
operation?

     Sec.  1910.125 Additional requirements for dipping and coating 
          operations that use flammable or combustible liquids.

    (a) What type of construction material must be used in making my dip 
tank?
    (b) When must I provide overflow piping?
    (c) When must I provide a bottom drain?

[[Page 412]]

    (d) When must my conveyer system shut down automatically?
    (e) What ignition and fuel sources must be controlled?
    (f) What fire protection must I provide?
    (g) To what temperature may I heat a liquid in a dip tank?

 Sec.  1910.126 Additional requirements for special dipping and coating 
                               operations.

    (a) What additional requirements apply to hardening or tempering 
tanks?
    (b) What additional requirements apply to flow coating?
    (c) What additional requirements apply to roll coating, roll 
spreading, or roll impregnating?
    (d) What additional requirements apply to vapor degreasing tanks?
    (e) What additional requirements apply to cyanide tanks?
    (f) What additional requirements apply to spray cleaning tanks and 
spray degreasing tanks?
    (g) What additional requirements apply to electrostatic paint 
detearing?



Sec.  1910.123  Dipping and coating operations: Coverage and definitions.

    (a) Does this rule apply to me? (1) This rule (Sec. Sec.  1910.123 
through 1910.126) applies when you use a dip tank containing a liquid 
other than water. It applies when you use the liquid in the tank or its 
vapor to:
    (i) Clean an object;
    (ii) Coat an object;
    (iii) Alter the surface of an object; or
    (iv) Change the character of an object.
    (2) This rule also applies to the draining or drying of an object 
you have dipped or coated.
    (b) What operations are covered? Examples of covered operations are 
paint dipping, electroplating, pickling, quenching, tanning, degreasing, 
stripping, cleaning, roll coating, flow coating, and curtain coating.
    (c) What operations are not covered? You are not covered by this 
rule if your dip-tank operation only uses a molten material (a molten 
metal, alloy, or salt, for example).
    (d) How are terms used in Sec. Sec.  1910.123 through 1910.126 
defined?
    Adjacent area means any area within 20 feet (6.1 m) of a vapor area 
that is not separated from the vapor area by tight partitions.
    Approved means that the equipment so designated is listed or 
approved by a nationally recognized testing laboratory, as defined by 
Sec.  1910.7.
    Autoignition temperature means the minimum temperature required to 
cause self-sustained combustion, independent of any other source of 
heat.
    Dip tank means a container holding a liquid other than water and 
that is used for dipping or coating. An object may be immersed (or 
partially immersed) in a dip tank or it may be suspended in a vapor 
coming from the tank.
    Flammable liquid means any liquid having a flashpoint at or below 
199.4 [deg]F (93 [deg]C).
    Flashpoint means the minimum temperature at which a liquid gives off 
a vapor in sufficient concentration to ignite if tested in accordance 
with the test methods in Appendix B to Sec.  1910.1200--Physical Hazard 
Criteria.
    Lower flammable limit (LFL) means the lowest concentration of a 
material that will propagate a flame. The LFL is usually expressed as a 
percent by volume of the material in air (or other oxidant).
    Vapor area means any space containing a dip tank, including its 
drain boards, associated drying or conveying equipment, and any 
surrounding area where the vapor concentration exceeds 25% of the LFL of 
the liquid in the tank.
    You means the employer, as defined by the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.).

[64 FR 13909, Mar. 23, 1999, as amended at 77 FR 17777, Mar. 26, 2012]



Sec.  1910.124  General requirements for dipping and coating operations.

    (a) What construction requirements apply to dip tanks? Any container 
that you use as a dip tank must be strong enough to withstand any 
expected load.
    (b) What ventilation requirements apply to vapor areas? (1) The 
ventilation that you provide to a vapor area must keep the airborne 
concentration of any substance below 25% of its LFL.
    (2) When a liquid in a dip tank creates an exposure hazard covered 
by a standard listed in subpart Z of this part, you must control worker 
exposure as required by that standard.
    (3) You may use a tank cover or material that floats on the surface 
of the

[[Page 413]]

liquid in a dip tank to replace or supplement ventilation. The method or 
combination of methods you choose must maintain the airborne 
concentration of the hazardous material and the worker's exposure within 
the limits specified in paragraphs (b)(1) and (b)(2) of this section.
    (4) When you use mechanical ventilation, it must conform to the 
following standards that are incorporated by reference as specified in 
Sec.  1910.6:
    (i) ANSI Z9.2-1979, Fundamentals Governing the Design and Operation 
of Local Exhaust Systems;
    (ii) NFPA 34-1995, Standard for Dip Tanks Containing Flammable or 
Combustible Liquids;
    (iii) ACGIH's ``Industrial Ventilation: A Manual of Recommended 
Practice'' (22nd ed., 1995); or
    (iv) ANSI Z9.1-1971, Practices for Ventilation and Operation of 
Open-Surface Tanks, and NFPA 34-1966, Standard for Dip Tanks Containing 
Flammable or Combustible Liquids.
    (5) When you use mechanical ventilation, it must draw the flow of 
air into a hood or exhaust duct.
    (6) When you use mechanical ventilation, each dip tank must have an 
independent exhaust system unless the combination of substances being 
removed will not cause a:
    (i) Fire;
    (ii) Explosion; or
    (iii) Chemical reaction.
    (c) What requirements must I follow to recirculate exhaust air into 
the workplace? (1) You may not recirculate exhaust air when any 
substance in that air poses a health hazard to employees or exceeds 25% 
of its LFL.
    (2) You must ensure that any exhaust air re-circulated from a 
dipping or coating operation using flammable liquids or liquids with 
flashpoints greater than 199.4 [deg]F (93 [deg]C) is:
    (i) Free of any solid particulate that poses a health or safety 
hazard for employees; and
    (ii) Monitored by approved equipment.
    (3) You must have a system that sounds an alarm and automatically 
shuts down the operation when the vapor concentration for any substance 
in the exhaust airstream exceeds 25% of its LFL.
    (d) What must I do when I use an exhaust hood? You must:
    (1) Provide each room having exhaust hoods with a volume of outside 
air that is at least 90 percent of the volume of the exhaust air; and
    (2) Ensure that the outside air supply does not damage exhaust 
hoods.
    (e) What requirements must I follow when an employee enters a dip 
tank? When an employee enters a dip tank, you must meet the entry 
requirements of Sec.  1910.146, OSHA's standard for Permit-Required 
Confined Spaces, as applicable.
    (f) What first-aid procedures must my employees know? Your employees 
must know the first-aid procedures that are appropriate to the dipping 
or coating hazards to which they are exposed.
    (g) What hygiene facilities must I provide? When your employees work 
with liquids that may burn, irritate, or otherwise harm their skin, you 
must provide:
    (1) Locker space or other storage space to prevent contamination of 
the employee's street clothes;
    (2) An emergency shower and eye-wash station close to the dipping or 
coating operation. In place of this equipment, you may use a water hose 
that is at least 4 feet (1.22 m) long and at least \3/4\ of an inch (18 
mm) thick with a quick-opening valve and carrying a pressure of 25 
pounds per square inch (1.62 k/cm\2\) or less; and
    (3) At least one basin with a hot-water faucet for every 10 
employees who work with such liquids. (See paragraph (d) of Sec.  
1910.141.)
    (h) What treatment and first aid must I provide? When your employees 
work with liquids that may burn, irritate, or otherwise harm their skin, 
you must provide:
    (1) A physician's approval before an employee with a sore, burn, or 
other skin lesion that requires medical treatment works in a vapor area;
    (2) Treatment by a properly designated person of any small skin 
abrasion, cut, rash, or open sore;
    (3) Appropriate first-aid supplies that are located near the dipping 
or coating operation; and
    (4) For employees who work with chromic acid, periodic examinations 
of

[[Page 414]]

their exposed body parts, especially their nostrils.
    (i) What must I do before an employee cleans a dip tank? Before 
permitting an employee to clean the interior of a dip tank, you must:
    (1) Drain the contents of the tank and open the cleanout doors; and
    (2) Ventilate and clear any pockets where hazardous vapors may have 
accumulated.
    (j) What must I do to inspect and maintain my dipping or coating 
operation? You must:
    (1) Inspect the hoods and ductwork of the ventilation system for 
corrosion or damage:
    (i) At least quarterly during operation; and
    (ii) Prior to operation after a prolonged shutdown.
    (2) Ensure that the airflow is adequate:
    (i) At least quarterly during operation; and
    (ii) Prior to operation after a prolonged shutdown.
    (3) Periodically inspect all dipping and coating equipment, 
including covers, drains, overflow piping, and electrical and fire-
extinguishing systems, and promptly correct any deficiencies;
    (4) Provide mechanical ventilation or respirators (selected and used 
as specified in Sec.  1910.134, OSHA's Respiratory Protection standard) 
to protect employees in the vapor area from exposure to toxic substances 
released during welding, burning, or open-flame work; and
    (5) Have dip tanks thoroughly cleaned of solvents and vapors before 
permitting welding, burning, or open-flame work on them.

[64 FR 13909, Mar. 23, 1999, as amended at 77 FR 17777, Mar. 26, 2012]



Sec.  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).

    If you use flammable liquids, you must comply with the requirements 
of this section as well as the requirements of Sec. Sec.  1910.123, 
1910.124, and 1910.126, as applicable.

------------------------------------------------------------------------
  You must also comply with this section
                   if:                                  And:
------------------------------------------------------------------------
 The flashpoint of the    The liquid
 liquid is 199.4 [deg]F (93 [deg]C) or      is heated as part of the
 above.                                     operation; or
                                            A heated
                                            object is placed in the
                                            liquid.
------------------------------------------------------------------------

    (a) What type of construction material must be used in making my dip 
tank? Your dip tank must be made of noncombustible material.
    (b) When must I provide overflow piping? (1) You must provide 
properly trapped overflow piping that discharges to a safe location for 
any dip tank having:
    (i) A capacity greater than 150 gallons (568 L); or
    (ii) A liquid surface area greater than 10 feet \2\ (0.95 m\2\).
    (2) You must also ensure that:
    (i) Any overflow piping is at least 3 inches (7.6 cm) in diameter 
and has sufficient capacity to prevent the dip tank from overflowing;
    (ii) Piping connections on drains and overflow pipes allow ready 
access to the interior of the pipe for inspection and cleaning; and
    (iii) The bottom of the overflow connection is at least 6 inches 
(15.2 cm) below the top of the dip tank.
    (c) When must I provide a bottom drain? (1) You must provide a 
bottom drain for dip tanks that contain more than 500 gallons (1893 L) 
of liquid, unless:
    (i) The dip tank is equipped with an automatic closing cover meeting 
the requirements of paragraph (f)(3) of this section; or
    (ii) The viscosity of the liquid at normal atmospheric temperature 
does not allow the liquid to flow or be pumped easily.
    (2) You must ensure that the bottom drain required by this section:
    (i) Will empty the dip tank during a fire;
    (ii) Is properly trapped;
    (iii) Has pipes that permit the dip tank's contents to be removed 
within five minutes after a fire begins; and
    (iv) Discharges to a safe location.
    (3) Any bottom drain you provide must be capable of manual and 
automatic operation, and manual operation

[[Page 415]]

must be from a safe and accessible location.
    (4) You must ensure that automatic pumps are used when gravity flow 
from the bottom drain is impractical.
    (d) When must my conveyor system shut down automatically? If your 
conveyor system is used with a dip tank, the system must shut down 
automatically:
    (1) If there is a fire; or
    (2) If the ventilation rate drops below what is required by 
paragraph (b) of Sec.  1910.124.
    (e) What ignition and fuel sources must be controlled? (1) In each 
vapor area and any adjacent area, you must ensure that:
    (i) All electrical wiring and equipment conform to the applicable 
hazardous (classified)-area requirements of subpart S of this part 
(except as specifically permitted in paragraph (g) of Sec.  1910.126); 
and
    (ii) There are no flames, spark-producing devices, or other surfaces 
that are hot enough to ignite vapors.
    (2) You must ensure that any portable container used to add liquid 
to the tank is electrically bonded to the dip tank and positively 
grounded to prevent static electrical sparks or arcs.
    (3) You must ensure that a heating system that is used in a drying 
operation and could cause ignition:
    (i) Is installed in accordance with NFPA 86A-1969, Standard for 
Ovens and Furnaces (which is incorporated by reference in Sec.  1910.6 
of this part);
    (ii) Has adequate mechanical ventilation that operates before and 
during the drying operation; and
    (iii) Shuts down automatically if any ventilating fan fails to 
maintain adequate ventilation.
    (4) You also must ensure that:
    (i) All vapor areas are free of combustible debris and as free as 
practicable of combustible stock;
    (ii) Rags and other material contaminated with liquids from dipping 
or coating operations are placed in approved waste cans immediately 
after use; and
    (iii) Waste can contents are properly disposed of at the end of each 
shift.
    (5) You must prohibit smoking in a vapor area and must post a 
readily visible ``No Smoking'' sign near each dip tank.
    (f) What fire protection must I provide? (1) You must provide the 
fire protection required by this paragraph (f) for:
    (i) Any dip tank having a capacity of at least 150 gallons (568 L) 
or a liquid surface area of at least 4 feet \2\ (0.38 m \1\); and
    (ii) Any hardening or tempering tank having a capacity of at least 
500 gallons (1893 L) or a liquid surface area of at least 25 feet \2\ 
(2.37 m \2\).
    (2) For every vapor area, you must provide:
    (i) Manual fire extinguishers that are suitable for flammable and 
combustible liquid fires and that conform to the requirements of Sec.  
1910.157; and
    (ii) An automatic fire-extinguishing system that conforms to the 
requirements of subpart L of this part.
    (3) You may substitute a cover that is closed by an approved 
automatic device for the automatic fire-extinguishing system if the 
cover:
    (i) Can also be activated manually;
    (ii) Is noncombustible or tin-clad, with the enclosing metal applied 
with locked joints; and
    (iii) Is kept closed when the dip tank is not in use.
    (g) To what temperature may I heat a liquid in a dip tank? You must 
maintain the temperature of the liquid in a dip tank:
    (1) Below the liquid's boiling point; and
    (2) At least 100 [deg]F (37.8 [deg]C) below the liquid's 
autoignition temperature.

[64 FR 13909, Mar. 23, 1999, as amended at 77 FR 17777, Mar. 26, 2012]



Sec.  1910.126  Additional requirements for special dipping 
and coating operations.

    In addition to the requirements in Sec. Sec.  1910.123 through 
1910.125, you must comply with any requirement in this section that 
applies to your operation.
    (a) What additional requirements apply to hardening or tempering 
tanks?
    (1) You must ensure that hardening or tempering tanks:
    (i) Are located as far as practicable from furnaces;

[[Page 416]]

    (ii) Are on noncombustible flooring; and
    (iii) Have noncombustible hoods and vents (or equivalent devices) 
for venting to the outside. For this purpose, vent ducts must be treated 
as flues and kept away from combustible materials, particularly roofs.
    (2) You must equip each tank with an alarm that will sound if the 
temperature of the liquid comes within 50 [deg]F (10 [deg]C) of its 
flashpoint (the alarm set point).
    (3) When practicable, you must also provide each tank with a limit 
switch to shut down the conveyor supplying work to the tank.
    (4) If the temperature of the liquid can exceed the alarm set point, 
you must equip the tank with a circulating cooling system.
    (5) If the tank has a bottom drain, the bottom drain may be combined 
with the oil-circulating system.
    (6) You must not use air under pressure when you fill the dip tank 
or agitate the liquid in the dip tank.
    (b) What additional requirements apply to flow coating? (1) You must 
use a direct low-pressure pumping system or a 10-gallon (38 L) or 
smaller gravity tank to supply the paint for flow coating. In case of 
fire, an approved heat-actuated device must shut down the pumping 
system.
    (2) You must ensure that the piping is substantial and rigidly 
supported.
    (c) What additional requirements apply to roll coating, roll 
spreading, or roll impregnating? When these operations use a flammable 
liquid that has a flashpoint below 140 [deg]F (60 [deg]C), you must 
prevent sparking of static electricity by:
    (1) Bonding and grounding all metallic parts (including rotating 
parts) and installing static collectors; or
    (2) Maintaining a conductive atmosphere (for example, one with a 
high relative humidity) in the vapor area.
    (d) What additional requirements apply to vapor degreasing tanks? 
(1) You must ensure that the condenser or vapor-level thermostat keeps 
the vapor level at least 36 inches (91 cm) or one-half the tank width, 
whichever is less, below the top of the vapor degreasing tank.
    (2) When you use gas as a fuel to heat the tank liquid, you must 
prevent solvent vapors from entering the air-fuel mixture. To do this, 
you must make the combustion chamber airtight (except for the flue 
opening).
    (3) The flue must be made of corrosion-resistant material, and it 
must extend to the outside. You must install a draft diverter if 
mechanical exhaust is used on the flue.
    (4) You must not allow the temperature of the heating element to 
cause a solvent or mixture to decompose or to generate an excessive 
amount of vapor.
    (e) What additional requirements apply to cyanide tanks? You must 
ensure that cyanide tanks have a dike or other safeguard to prevent 
cyanide from mixing with an acid if a dip tank fails.
    (f) What additional requirements apply to spray cleaning tanks and 
spray degreasing tanks? If you spray a liquid in the air over an open-
surface cleaning or degreasing tank, you must control the spraying to 
the extent feasible by:
    (1) Enclosing the spraying operation; and
    (2) Using mechanical ventilation to provide enough inward air 
velocity to prevent the spray from leaving the vapor area.
    (g) What additional requirements apply to electrostatic paint 
detearing? (1) You must use only approved electrostatic equipment in 
paint-detearing operations. Electrodes in such equipment must be 
substantial, rigidly supported, permanently located, and effectively 
insulated from ground by nonporous, noncombustible, clean, dry 
insulators.
    (2) You must use conveyors to support any goods being paint 
deteared.
    (3) You must ensure that goods being electrostatically deteared are 
not manually handled.
    (4) Between goods being electrostatically deteared and the 
electrodes or conductors of the electrostatic equipment, you must 
maintain a minimum distance of twice the sparking distance. This minimum 
distance must be displayed conspicuously on a sign located near the 
equipment.
    (5) You must ensure that the electrostatic equipment has automatic 
controls that immediately disconnect the

[[Page 417]]

power supply to the high-voltage transformer and signal the operator if:
    (i) Ventilation or the conveyors fail to operate;
    (ii) A ground (or imminent ground) occurs anywhere in the high-
voltage system; or
    (iii) Goods being electrostatically deteared come within twice the 
sparking distance of the electrodes or conductors of the equipment.
    (6) You must use fences, rails, or guards, made of conducting 
material and adequately grounded, to separate paint-detearing operations 
from storage areas and from personnel.
    (7) To protect paint-detearing operations from fire, you must have 
in place:
    (i) Automatic sprinklers; or
    (ii) An automatic fire-extinguishing system conforming to the 
requirements of subpart L of this part.
    (8) To collect paint deposits, you must:
    (i) Provide drip plates and screens; and
    (ii) Clean these plates and screens in a safe location.

[64 FR 13909, Mar. 23, 1999, as amended at 77 FR 17777, Mar. 26, 2012]



                 Subpart I_Personal Protective Equipment

    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), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as 
applicable, and 29 CFR part 1911.



Sec.  1910.132  General requirements.

    (a) Application. Protective equipment, including personal protective 
equipment for eyes, face, head, and extremities, protective clothing, 
respiratory devices, and protective shields and barriers, shall be 
provided, used, and maintained in a sanitary and reliable condition 
wherever it is necessary by reason of hazards of processes or 
environment, chemical hazards, radiological hazards, or mechanical 
irritants encountered in a manner capable of causing injury or 
impairment in the function of any part of the body through absorption, 
inhalation or physical contact.
    (b) Employee-owned equipment. Where employees provide their own 
protective equipment, the employer shall be responsible to assure its 
adequacy, including proper maintenance, and sanitation of such 
equipment.
    (c) Design. All personal protective equipment shall be of safe 
design and construction for the work to be performed.
    (d) Hazard assessment and equipment selection. (1) The employer 
shall assess the workplace to determine if hazards are present, or are 
likely to be present, which necessitate the use of personal protective 
equipment (PPE). If such hazards are present, or likely to be present, 
the employer shall:
    (i) Select, and have each affected employee use, the types of PPE 
that will protect the affected employee from the hazards identified in 
the hazard assessment;
    (ii) Communicate selection decisions to each affected employee; and,
    (iii) Select PPE that properly fits each affected employee.

    Note: Non-mandatory appendix B contains an example of procedures 
that would comply with the requirement for a hazard assessment.

    (2) The employer shall verify that the required workplace hazard 
assessment has been performed through a written certification that 
identifies the workplace evaluated; the person certifying that the 
evaluation has been performed; the date(s) of the hazard assessment; 
and, which identifies the document as a certification of hazard 
assessment.
    (e) Defective and damaged equipment. Defective or damaged personal 
protective equipment shall not be used.
    (f) Training. (1) The employer shall provide training to each 
employee who is required by this section to use PPE. Each such employee 
shall be trained to know at least the following:
    (i) When PPE is necessary;
    (ii) What PPE is necessary;
    (iii) How to properly don, doff, adjust, and wear PPE;
    (iv) The limitations of the PPE; and,
    (v) The proper care, maintenance, useful life and disposal of the 
PPE.

[[Page 418]]

    (2) Each affected employee shall demonstrate an understanding of the 
training specified in paragraph (f)(1) of this section, and the ability 
to use PPE properly, before being allowed to perform work requiring the 
use of PPE.
    (3) When the employer has reason to believe that any affected 
employee who has already been trained does not have the understanding 
and skill required by paragraph (f)(2) of this section, the employer 
shall retrain each such employee. Circumstances where retraining is 
required include, but are not limited to, situations where:
    (i) Changes in the workplace render previous training obsolete; or
    (ii) Changes in the types of PPE to be used render previous training 
obsolete; or
    (iii) Inadequacies in an affected employee's knowledge or use of 
assigned PPE indicate that the employee has not retained the requisite 
understanding or skill.
    (g) Paragraphs (d) and (f) of this section apply only to Sec. Sec.  
1910.133, 1910.135, 1910.136, 1910.138, and 1910.140. Paragraphs (d) and 
(f) of this section do not apply to Sec. Sec.  1910.134 and 1910.137.
    (h) Payment for protective equipment. (1) Except as provided by 
paragraphs (h)(2) through (h)(6) of this section, the protective 
equipment, including personal protective equipment (PPE), used to comply 
with this part, shall be provided by the employer at no cost to 
employees.
    (2) The employer is not required to pay for non-specialty safety-toe 
protective footwear (including steel-toe shoes or steel-toe boots) and 
non-specialty prescription safety eyewear, provided that the employer 
permits such items to be worn off the job-site.
    (3) When the employer provides metatarsal guards and allows the 
employee, at his or her request, to use shoes or boots with built-in 
metatarsal protection, the employer is not required to reimburse the 
employee for the shoes or boots.
    (4) The employer is not required to pay for:
    (i) The logging boots required by 29 CFR 1910.266(d)(1)(v);
    (ii) Everyday clothing, such as long-sleeve shirts, long pants, 
street shoes, and normal work boots; or
    (iii) Ordinary clothing, skin creams, or other items, used solely 
for protection from weather, such as winter coats, jackets, gloves, 
parkas, rubber boots, hats, raincoats, ordinary sunglasses, and 
sunscreen.
    (5) The employer must pay for replacement PPE, except when the 
employee has lost or intentionally damaged the PPE.
    (6) Where an employee provides adequate protective equipment he or 
she owns pursuant to paragraph (b) of this section, the employer may 
allow the employee to use it and is not required to reimburse the 
employee for that equipment. The employer shall not require an employee 
to provide or pay for his or her own PPE, unless the PPE is excepted by 
paragraphs (h)(2) through (h)(5) of this section.
    (7) This paragraph (h) shall become effective on February 13, 2008. 
Employers must implement the PPE payment requirements no later than May 
15, 2008.

    Note to Sec.  1910.132(h): When the provisions of another OSHA 
standard specify whether or not the employer must pay for specific 
equipment, the payment provisions of that standard shall prevail.

[39 FR 23502, June 27, 1974, as amended at 59 FR 16334, Apr. 6, 1994; 59 
FR 33910, July 1, 1994; 72 FR 64428, Nov. 15, 2007; 76 FR 33606, June 8, 
2011; 81 FR 82999, Nov. 18, 2016]



Sec.  1910.133  Eye and face protection.

    (a) General requirements. (1) The employer shall ensure that each 
affected employee uses appropriate eye or face protection when exposed 
to eye or face hazards from flying particles, molten metal, liquid 
chemicals, acids or caustic liquids, chemical gases or vapors, or 
potentially injurious light radiation.
    (2) The employer shall ensure that each affected employee uses eye 
protection that provides side protection when there is a hazard from 
flying objects. Detachable side protectors (e.g. clip-on or slide-on 
side shields) meeting the pertinent requirements of this section are 
acceptable.
    (3) The employer shall ensure that each affected employee who wears 
prescription lenses while engaged in operations that involve eye hazards 
wears eye protection that incorporates the prescription in its design, 
or wears eye

[[Page 419]]

protection that can be worn over the prescription lenses without 
disturbing the proper position of the prescription lenses or the 
protective lenses.
    (4) Eye and face PPE shall be distinctly marked to facilitate 
identification of the manufacturer.
    (5) The employer shall ensure that each affected employee uses 
equipment with filter lenses that have a shade number appropriate for 
the work being performed for protection from injurious light radiation. 
The following is a listing of appropriate shade numbers for various 
operations.

 
                               Filter Lenses for Protection Against Radiant Energy
-----------------------------------------------------------------------------------------------------------------
                                                                                            Minimum* Protective
          Operations              Electrode Size \1/32\ in.           Arc Current                  Shade
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding      Less than 3.................  Less than 60...............  7
                                3-5.........................  60-160.....................  8
                                5-8.........................  160-250....................  10
                                More than 8.................  250-550....................  11
----------------------------------------------------------------------------------------------------------------
Gas metal arc welding and flux                                less than 60...............  7
 cored arc welding
                                                              60-160.....................  10
                                                              160-250....................  10
                                                              250-500....................  10
----------------------------------------------------------------------------------------------------------------
Gas Tungsten arc welding                                      less than 50...............  8
                                                              50-150.....................  8
                                                              150-500....................  10
----------------------------------------------------------------------------------------------------------------
Air carbon                      (Light).....................  less than 500..............  10
Arc cutting                     (Heavy).....................  500-1000...................  11
----------------------------------------------------------------------------------------------------------------
Plasma arc welding                                            less than 20...............  6
                                                              20-100.....................  8
                                                              100-400....................  10
                                                              400-800....................  11
----------------------------------------------------------------------------------------------------------------
Plasma arc cutting              (light)**...................  less than 300..............  8
                                (medium)**..................  300-400....................  9
                                (heavy)**...................  400-800....................  10
----------------------------------------------------------------------------------------------------------------
Torch brazing                                                 ...........................  3
Torch soldering                                               ...........................  2
Carbon arc welding                                            ...........................  14
----------------------------------------------------------------------------------------------------------------


[[Page 420]]


 
                               Filter Lenses for Protection Against Radiant Energy
-----------------------------------------------------------------------------------------------------------------
                                                                                            Minimum* Protective
          Operations               Plate thickness--inches        Plate thickness--mm              Shade
----------------------------------------------------------------------------------------------------------------
Gas Welding:
  Light                         Under 1/8...................  Under 3.2..................  4
  Medium                        1/8 to 1/2..................  3.2 to 12.7................  5
  Heavy                         Over 1/2....................  Over 12.7..................  6
----------------------------------------------------------------------------------------------------------------
Oxygen cutting:
  Light                         Under 1.....................  Under 25...................  3
  Medium                        1 to 6......................  25 to 150..................  4
  Heavy                         Over 6......................  Over 150...................  5
----------------------------------------------------------------------------------------------------------------
* As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which
  gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting
  where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or
  sodium line in the visible light of the (spectrum) operation.
** These values apply where the actual arc is clearly seen. Experience has shown that lighter filters may be
  used when the arc is hidden by the workpiece.

    (b) Criteria for protective eye and face protection. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1910.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1910.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1910.6;
    (2) Protective eye and face protection devices that the employer 
demonstrates are at least as effective as protective eye and face 
protection devices that are constructed in accordance with one of the 
above consensus standards will be deemed to be in compliance with the 
requirements of this section.

[59 FR 16360, Apr. 6, 1994; 59 FR 33911, July 1, 1994, as amended at 61 
FR 9238, Mar. 7, 1996; 61 FR 19548, May 2, 1996; 74 FR 46356, Sept. 9, 
2009; 81 FR 16090, Mar. 25, 2016]



Sec.  1910.134  Respiratory protection.

    This section applies to General Industry (part 1910), Shipyards 
(part 1915), Marine Terminals (part 1917), Longshoring (part 1918), and 
Construction (part 1926).
    (a) Permissible practice. (1) In the control of those occupational 
diseases caused by breathing air contaminated with harmful dusts, fogs, 
fumes, mists, gases, smokes, sprays, or vapors, the primary objective 
shall be to prevent atmospheric contamination. This shall be 
accomplished as far as feasible by accepted engineering control measures 
(for example, enclosure or confinement of the operation, general and 
local ventilation, and substitution of less toxic materials). When 
effective engineering controls are not feasible, or while they are being 
instituted, appropriate respirators shall be used pursuant to this 
section.
    (2) A respirator shall be provided to each employee when such 
equipment is necessary to protect the health of such employee. The 
employer shall provide the respirators which are applicable and suitable 
for the purpose intended. The employer shall be responsible for the 
establishment and maintenance of a respiratory protection program, which 
shall include the requirements outlined in paragraph (c) of this 
section. The program shall cover each employee required by this section 
to use a respirator.
    (b) Definitions. The following definitions are important terms used 
in the respiratory protection standard in this section.
    Air-purifying respirator means a respirator with an air-purifying 
filter,

[[Page 421]]

cartridge, or canister that removes specific air contaminants by passing 
ambient air through the air-purifying element.
    Assigned protection factor (APF) means the workplace level of 
respiratory protection that a respirator or class of respirators is 
expected to provide to employees when the employer implements a 
continuing, effective respiratory protection program as specified by 
this section.
    Atmosphere-supplying respirator means a respirator that supplies the 
respirator user with breathing air from a source independent of the 
ambient atmosphere, and includes supplied-air respirators (SARs) and 
self-contained breathing apparatus (SCBA) units.
    Canister or cartridge means a container with a filter, sorbent, or 
catalyst, or combination of these items, which removes specific 
contaminants from the air passed through the container.
    Demand respirator means an atmosphere-supplying respirator that 
admits breathing air to the facepiece only when a negative pressure is 
created inside the facepiece by inhalation.
    Emergency situation means any occurrence such as, but not limited 
to, equipment failure, rupture of containers, or failure of control 
equipment that may or does result in an uncontrolled significant release 
of an airborne contaminant.
    Employee exposure means exposure to a concentration of an airborne 
contaminant that would occur if the employee were not using respiratory 
protection.
    End-of-service-life indicator (ESLI) means a system that warns the 
respirator user of the approach of the end of adequate respiratory 
protection, for example, that the sorbent is approaching saturation or 
is no longer effective.
    Escape-only respirator means a respirator intended to be used only 
for emergency exit.
    Filter or air purifying element means a component used in 
respirators to remove solid or liquid aerosols from the inspired air.
    Filtering facepiece (dust mask) means a negative pressure 
particulate respirator with a filter as an integral part of the 
facepiece or with the entire facepiece composed of the filtering medium.
    Fit factor means a quantitative estimate of the fit of a particular 
respirator to a specific individual, and typically estimates the ratio 
of the concentration of a substance in ambient air to its concentration 
inside the respirator when worn.
    Fit test means the use of a protocol to qualitatively or 
quantitatively evaluate the fit of a respirator on an individual. (See 
also Qualitative fit test QLFT and Quantitative fit test QNFT.)
    Helmet means a rigid respiratory inlet covering that also provides 
head protection against impact and penetration.
    High efficiency particulate air (HEPA) filter means a filter that is 
at least 99.97% efficient in removing monodisperse particles of 0.3 
micrometers in diameter. The equivalent NIOSH 42 CFR 84 particulate 
filters are the N100, R100, and P100 filters.
    Hood means a respiratory inlet covering that completely covers the 
head and neck and may also cover portions of the shoulders and torso.
    Immediately dangerous to life or health (IDLH) means an atmosphere 
that poses an immediate threat to life, would cause irreversible adverse 
health effects, or would impair an individual's ability to escape from a 
dangerous atmosphere.
    Interior structural firefighting means the physical activity of fire 
suppression, rescue or both, inside of buildings or enclosed structures 
which are involved in a fire situation beyond the incipient stage. (See 
29 CFR 1910.155)
    Loose-fitting facepiece means a respiratory inlet covering that is 
designed to form a partial seal with the face.
    Maximum use concentration (MUC) means the maximum atmospheric 
concentration of a hazardous substance from which an employee can be 
expected to be protected when wearing a respirator, and is determined by 
the assigned protection factor of the respirator or class of respirators 
and the exposure limit of the hazardous substance. The MUC can be 
determined mathematically by multiplying the assigned protection factor 
specified for a

[[Page 422]]

respirator by the required OSHA permissible exposure limit, short-term 
exposure limit, or ceiling limit. When no OSHA exposure limit is 
available for a hazardous substance, an employer must determine an MUC 
on the basis of relevant available information and informed professional 
judgment.
    Negative pressure respirator (tight fitting) means a respirator in 
which the air pressure inside the facepiece is negative during 
inhalation with respect to the ambient air pressure outside the 
respirator.
    Oxygen deficient atmosphere means an atmosphere with an oxygen 
content below 19.5% by volume.
    Physician or other licensed health care professional (PLHCP) means 
an individual whose legally permitted scope of practice (i.e., license, 
registration, or certification) allows him or her to independently 
provide, or be delegated the responsibility to provide, some or all of 
the health care services required by paragraph (e) of this section.
    Positive pressure respirator means a respirator in which the 
pressure inside the respiratory inlet covering exceeds the ambient air 
pressure outside the respirator.
    Powered air-purifying respirator (PAPR) means an air-purifying 
respirator that uses a blower to force the ambient air through air-
purifying elements to the inlet covering.
    Pressure demand respirator means a positive pressure atmosphere-
supplying respirator that admits breathing air to the facepiece when the 
positive pressure is reduced inside the facepiece by inhalation.
    Qualitative fit test (QLFT) means a pass/fail fit test to assess the 
adequacy of respirator fit that relies on the individual's response to 
the test agent.
    Quantitative fit test (QNFT) means an assessment of the adequacy of 
respirator fit by numerically measuring the amount of leakage into the 
respirator.
    Respiratory inlet covering means that portion of a respirator that 
forms the protective barrier between the user's respiratory tract and an 
air-purifying device or breathing air source, or both. It may be a 
facepiece, helmet, hood, suit, or a mouthpiece respirator with nose 
clamp.
    Self-contained breathing apparatus (SCBA) means an atmosphere-
supplying respirator for which the breathing air source is designed to 
be carried by the user.
    Service life means the period of time that a respirator, filter or 
sorbent, or other respiratory equipment provides adequate protection to 
the wearer.
    Supplied-air respirator (SAR) or airline respirator means an 
atmosphere-supplying respirator for which the source of breathing air is 
not designed to be carried by the user.
    This section means this respiratory protection standard.
    Tight-fitting facepiece means a respiratory inlet covering that 
forms a complete seal with the face.
    User seal check means an action conducted by the respirator user to 
determine if the respirator is properly seated to the face.
    (c) Respiratory protection program. This paragraph requires the 
employer to develop and implement a written respiratory protection 
program with required worksite-specific procedures and elements for 
required respirator use. The program must be administered by a suitably 
trained program administrator. In addition, certain program elements may 
be required for voluntary use to prevent potential hazards associated 
with the use of the respirator. The Small Entity Compliance Guide 
contains criteria for the selection of a program administrator and a 
sample program that meets the requirements of this paragraph. Copies of 
the Small Entity Compliance Guide will be available on or about April 8, 
1998 from the Occupational Safety and Health Administration's Office of 
Publications, Room N 3101, 200 Constitution Avenue, NW, Washington, DC, 
20210 (202-219-4667).
    (1) In any workplace where respirators are necessary to protect the 
health of the employee or whenever respirators are required by the 
employer, the employer shall establish and implement a written 
respiratory protection program with worksite-specific procedures. The 
program shall be updated as necessary to reflect those changes in 
workplace conditions that affect respirator use. The employer

[[Page 423]]

shall include in the program the following provisions of this section, 
as applicable:
    (i) Procedures for selecting respirators for use in the workplace;
    (ii) Medical evaluations of employees required to use respirators;
    (iii) Fit testing procedures for tight-fitting respirators;
    (iv) Procedures for proper use of respirators in routine and 
reasonably foreseeable emergency situations;
    (v) Procedures and schedules for cleaning, disinfecting, storing, 
inspecting, repairing, discarding, and otherwise maintaining 
respirators;
    (vi) Procedures to ensure adequate air quality, quantity, and flow 
of breathing air for atmosphere-supplying respirators;
    (vii) Training of employees in the respiratory hazards to which they 
are potentially exposed during routine and emergency situations;
    (viii) Training of employees in the proper use of respirators, 
including putting on and removing them, any limitations on their use, 
and their maintenance; and
    (ix) Procedures for regularly evaluating the effectiveness of the 
program.
    (2) Where respirator use is not required:
    (i) An employer may provide respirators at the request of employees 
or permit employees to use their own respirators, if the employer 
determines that such respirator use will not in itself create a hazard. 
If the employer determines that any voluntary respirator use is 
permissible, the employer shall provide the respirator users with the 
information contained in appendix D to this section (``Information for 
Employees Using Respirators When Not Required Under the Standard''); and
    (ii) In addition, the employer must establish and implement those 
elements of a written respiratory protection program necessary to ensure 
that any employee using a respirator voluntarily is medically able to 
use that respirator, and that the respirator is cleaned, stored, and 
maintained so that its use does not present a health hazard to the user. 
Exception: Employers are not required to include in a written 
respiratory protection program those employees whose only use of 
respirators involves the voluntary use of filtering facepieces (dust 
masks).
    (3) The employer shall designate a program administrator who is 
qualified by appropriate training or experience that is commensurate 
with the complexity of the program to administer or oversee the 
respiratory protection program and conduct the required evaluations of 
program effectiveness.
    (4) The employer shall provide respirators, training, and medical 
evaluations at no cost to the employee.
    (d) Selection of respirators. This paragraph requires the employer 
to evaluate respiratory hazard(s) in the workplace, identify relevant 
workplace and user factors, and base respirator selection on these 
factors. The paragraph also specifies appropriately protective 
respirators for use in IDLH atmospheres, and limits the selection and 
use of air-purifying respirators.
    (1) General requirements. (i) The employer shall select and provide 
an appropriate respirator based on the respiratory hazard(s) to which 
the worker is exposed and workplace and user factors that affect 
respirator performance and reliability.
    (ii) The employer shall select a NIOSH-certified respirator. The 
respirator shall be used in compliance with the conditions of its 
certification.
    (iii) The employer shall identify and evaluate the respiratory 
hazard(s) in the workplace; this evaluation shall include a reasonable 
estimate of employee exposures to respiratory hazard(s) and an 
identification of the contaminant's chemical state and physical form. 
Where the employer cannot identify or reasonably estimate the employee 
exposure, the employer shall consider the atmosphere to be IDLH.
    (iv) The employer shall select respirators from a sufficient number 
of respirator models and sizes so that the respirator is acceptable to, 
and correctly fits, the user.
    (2) Respirators for IDLH atmospheres. (i) The employer shall provide 
the following respirators for employee use in IDLH atmospheres:
    (A) A full facepiece pressure demand SCBA certified by NIOSH for a 
minimum service life of thirty minutes, or

[[Page 424]]

    (B) A combination full facepiece pressure demand supplied-air 
respirator (SAR) with auxiliary self-contained air supply.
    (ii) Respirators provided only for escape from IDLH atmospheres 
shall be NIOSH-certified for escape from the atmosphere in which they 
will be used.
    (iii) All oxygen-deficient atmospheres shall be considered IDLH. 
Exception: If the employer demonstrates that, under all foreseeable 
conditions, the oxygen concentration can be maintained within the ranges 
specified in Table II of this section (i.e., for the altitudes set out 
in the table), then any atmosphere-supplying respirator may be used.
    (3) Respirators for atmospheres that are not IDLH. (i) The employer 
shall provide a respirator that is adequate to protect the health of the 
employee and ensure compliance with all other OSHA statutory and 
regulatory requirements, under routine and reasonably foreseeable 
emergency situations.
    (A) Assigned Protection Factors (APFs). Employers must use the 
assigned protection factors listed in Table 1 to select a respirator 
that meets or exceeds the required level of employee protection. When 
using a combination respirator (e.g., airline respirators with an air-
purifying filter), employers must ensure that the assigned protection 
factor is appropriate to the mode of operation in which the respirator 
is being used.

                                    Table 1--Assigned Protection Factors \5\
----------------------------------------------------------------------------------------------------------------
                                                                                                        Loose-
            Type of respirator \1 2\               Quarter     Half mask       Full     Helmet/hood    fitting
                                                     mask                   facepiece                 facepiece
----------------------------------------------------------------------------------------------------------------
1. Air-Purifying Respirator....................            5       \3\ 10           50  ...........  ...........
2. Powered Air-Purifying Respirator (PAPR).....  ...........           50        1,000      \4\ 25/           25
                                                                                              1,000
3. Supplied-Air Respirator (SAR) or Airline
 Respirator....................................
     Demand mode.............  ...........           10           50  ...........  ...........
     Continuous flow mode....  ...........           50        1,000      \4\ 25/           25
                                                                                              1,000
     Pressure-demand or other  ...........           50        1,000  ...........  ...........
     positive-pressure mode....................
4. Self-Contained Breathing Apparatus (SCBA)...
     Demand mode.............  ...........           10           50           50  ...........
     Pressure-demand or other  ...........  ...........       10,000       10,000  ...........
     positive-pressure mode (e.g., open/closed
     circuit)..................................
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Employers may select respirators assigned for use in higher workplace concentrations of a hazardous
  substance for use at lower concentrations of that substance, or when required respirator use is independent of
  concentration.
\2\ The assigned protection factors in Table 1 are only effective when the employer implements a continuing,
  effective respirator program as required by this section (29 CFR 1910.134), including training, fit testing,
  maintenance, and use requirements.
\3\ This APF category includes filtering facepieces, and half masks with elastomeric facepieces.
\4\ The employer must have evidence provided by the respirator manufacturer that testing of these respirators
  demonstrates performance at a level of protection of 1,000 or greater to receive an APF of 1,000. This level
  of performance can best be demonstrated by performing a WPF or SWPF study or equivalent testing. Absent such
  testing, all other PAPRs and SARs with helmets/hoods are to be treated as loose-fitting facepiece respirators,
  and receive an APF of 25.
\5\ These APFs do not apply to respirators used solely for escape. For escape respirators used in association
  with specific substances covered by 29 CFR 1910 subpart Z, employers must refer to the appropriate substance-
  specific standards in that subpart. Escape respirators for other IDLH atmospheres are specified by 29 CFR
  1910.134 (d)(2)(ii).

    (B) Maximum Use Concentration (MUC). (1) The employer must select a 
respirator for employee use that maintains the employee's exposure to 
the hazardous substance, when measured outside the respirator, at or 
below the MUC.
    (2) Employers must not apply MUCs to conditions that are immediately 
dangerous to life or health (IDLH); instead, they must use respirators 
listed for IDLH conditions in paragraph (d)(2) of this standard.
    (3) When the calculated MUC exceeds the IDLH level for a hazardous 
substance, or the performance limits of the cartridge or canister, then 
employers must set the maximum MUC at that lower limit.
    (ii) The respirator selected shall be appropriate for the chemical 
state and physical form of the contaminant.
    (iii) For protection against gases and vapors, the employer shall 
provide:
    (A) An atmosphere-supplying respirator, or
    (B) An air-purifying respirator, provided that:

[[Page 425]]

    (1) The respirator is equipped with an end-of-service-life indicator 
(ESLI) certified by NIOSH for the contaminant; or
    (2) If there is no ESLI appropriate for conditions in the employer's 
workplace, the employer implements a change schedule for canisters and 
cartridges that is based on objective information or data that will 
ensure that canisters and cartridges are changed before the end of their 
service life. The employer shall describe in the respirator program the 
information and data relied upon and the basis for the canister and 
cartridge change schedule and the basis for reliance on the data.
    (iv) For protection against particulates, the employer shall 
provide:
    (A) An atmosphere-supplying respirator; or
    (B) An air-purifying respirator equipped with a filter certified by 
NIOSH under 30 CFR part 11 as a high efficiency particulate air (HEPA) 
filter, or an air-purifying respirator equipped with a filter certified 
for particulates by NIOSH under 42 CFR part 84; or
    (C) For contaminants consisting primarily of particles with mass 
median aerodynamic diameters (MMAD) of at least 2 micrometers, an air-
purifying respirator equipped with any filter certified for particulates 
by NIOSH.

             Table I--Assigned Protection Factors [Reserved]

                                Table II
------------------------------------------------------------------------
                                            Oxygen deficient Atmospheres
                                                (% 02) for which the
              Altitude (ft.)                    employer may rely on
                                                atmosphere-supplying
                                                     respirators
------------------------------------------------------------------------
Less than 3,001...........................  16.0-19.5
3,001-4,000...............................  16.4-19.5
4,001-5,000...............................  17.1-19.5
5,001-6,000...............................  17.8-19.5
6,001-7,000...............................  18.5-19.5
7,001-8,000 \1\...........................  19.3-19.5.
------------------------------------------------------------------------
\1\ Above 8,000 feet the exception does not apply. Oxygen-enriched
  breathing air must be supplied above 14,000 feet.

    (e) Medical evaluation. Using a respirator may place a physiological 
burden on employees that varies with the type of respirator worn, the 
job and workplace conditions in which the respirator is used, and the 
medical status of the employee. Accordingly, this paragraph specifies 
the minimum requirements for medical evaluation that employers must 
implement to determine the employee's ability to use a respirator.
    (1) General. The employer shall provide a medical evaluation to 
determine the employee's ability to use a respirator, before the 
employee is fit tested or required to use the respirator in the 
workplace. The employer may discontinue an employee's medical 
evaluations when the employee is no longer required to use a respirator.
    (2) Medical evaluation procedures. (i) The employer shall identify a 
physician or other licensed health care professional (PLHCP) to perform 
medical evaluations using a medical questionnaire or an initial medical 
examination that obtains the same information as the medical 
questionnaire.
    (ii) The medical evaluation shall obtain the information requested 
by the questionnaire in Sections 1 and 2, part A of appendix C of this 
section.
    (3) Follow-up medical examination. (i) The employer shall ensure 
that a follow-up medical examination is provided for an employee who 
gives a positive response to any question among questions 1 through 8 in 
Section 2, part A of appendix C or whose initial medical examination 
demonstrates the need for a follow-up medical examination.
    (ii) The follow-up medical examination shall include any medical 
tests, consultations, or diagnostic procedures that the PLHCP deems 
necessary to make a final determination.
    (4) Administration of the medical questionnaire and examinations. 
(i) The medical questionnaire and examinations shall be administered 
confidentially during the employee's normal working hours or at a time 
and place convenient to the employee. The medical questionnaire shall be 
administered in a manner that ensures that the employee understands its 
content.
    (ii) The employer shall provide the employee with an opportunity to 
discuss the questionnaire and examination results with the PLHCP.
    (5) Supplemental information for the PLHCP. (i) The following 
information must be provided to the PLHCP before the PLHCP makes a 
recommendation

[[Page 426]]

concerning an employee's ability to use a respirator:
    (A) The type and weight of the respirator to be used by the 
employee;
    (B) The duration and frequency of respirator use (including use for 
rescue and escape);
    (C) The expected physical work effort;
    (D) Additional protective clothing and equipment to be worn; and
    (E) Temperature and humidity extremes that may be encountered.
    (ii) Any supplemental information provided previously to the PLHCP 
regarding an employee need not be provided for a subsequent medical 
evaluation if the information and the PLHCP remain the same.
    (iii) The employer shall provide the PLHCP with a copy of the 
written respiratory protection program and a copy of this section.

    Note to paragraph (e)(5)(iii): When the employer replaces a PLHCP, 
the employer must ensure that the new PLHCP obtains this information, 
either by providing the documents directly to the PLHCP or having the 
documents transferred from the former PLHCP to the new PLHCP. However, 
OSHA does not expect employers to have employees medically reevaluated 
solely because a new PLHCP has been selected.

    (6) Medical determination. In determining the employee's ability to 
use a respirator, the employer shall:
    (i) Obtain a written recommendation regarding the employee's ability 
to use the respirator from the PLHCP. The recommendation shall provide 
only the following information:
    (A) Any limitations on respirator use related to the medical 
condition of the employee, or relating to the workplace conditions in 
which the respirator will be used, including whether or not the employee 
is medically able to use the respirator;
    (B) The need, if any, for follow-up medical evaluations; and
    (C) A statement that the PLHCP has provided the employee with a copy 
of the PLHCP's written recommendation.
    (ii) If the respirator is a negative pressure respirator and the 
PLHCP finds a medical condition that may place the employee's health at 
increased risk if the respirator is used, the employer shall provide a 
PAPR if the PLHCP's medical evaluation finds that the employee can use 
such a respirator; if a subsequent medical evaluation finds that the 
employee is medically able to use a negative pressure respirator, then 
the employer is no longer required to provide a PAPR.
    (7) Additional medical evaluations. At a minimum, the employer shall 
provide additional medical evaluations that comply with the requirements 
of this section if:
    (i) An employee reports medical signs or symptoms that are related 
to ability to use a respirator;
    (ii) A PLHCP, supervisor, or the respirator program administrator 
informs the employer that an employee needs to be reevaluated;
    (iii) Information from the respiratory protection program, including 
observations made during fit testing and program evaluation, indicates a 
need for employee reevaluation; or
    (iv) A change occurs in workplace conditions (e.g., physical work 
effort, protective clothing, temperature) that may result in a 
substantial increase in the physiological burden placed on an employee.
    (f) Fit testing. This paragraph requires that, before an employee 
may be required to use any respirator with a negative or positive 
pressure tight-fitting facepiece, the employee must be fit tested with 
the same make, model, style, and size of respirator that will be used. 
This paragraph specifies the kinds of fit tests allowed, the procedures 
for conducting them, and how the results of the fit tests must be used.
    (1) The employer shall ensure that employees using a tight-fitting 
facepiece respirator pass an appropriate qualitative fit test (QLFT) or 
quantitative fit test (QNFT) as stated in this paragraph.
    (2) The employer shall ensure that an employee using a tight-fitting 
facepiece respirator is fit tested prior to initial use of the 
respirator, whenever a different respirator facepiece (size, style, 
model or make) is used, and at least annually thereafter.
    (3) The employer shall conduct an additional fit test whenever the 
employee reports, or the employer, PLHCP, supervisor, or program 
administrator

[[Page 427]]

makes visual observations of, changes in the employee's physical 
condition that could affect respirator fit. Such conditions include, but 
are not limited to, facial scarring, dental changes, cosmetic surgery, 
or an obvious change in body weight.
    (4) If after passing a QLFT or QNFT, the employee subsequently 
notifies the employer, program administrator, supervisor, or PLHCP that 
the fit of the respirator is unacceptable, the employee shall be given a 
reasonable opportunity to select a different respirator facepiece and to 
be retested.
    (5) The fit test shall be administered using an OSHA-accepted QLFT 
or QNFT protocol. The OSHA-accepted QLFT and QNFT protocols and 
procedures are contained in appendix A of this section.
    (6) QLFT may only be used to fit test negative pressure air-
purifying respirators that must achieve a fit factor of 100 or less.
    (7) If the fit factor, as determined through an OSHA-accepted QNFT 
protocol, is equal to or greater than 100 for tight-fitting half 
facepieces, or equal to or greater than 500 for tight-fitting full 
facepieces, the QNFT has been passed with that respirator.
    (8) Fit testing of tight-fitting atmosphere-supplying respirators 
and tight-fitting powered air-purifying respirators shall be 
accomplished by performing quantitative or qualitative fit testing in 
the negative pressure mode, regardless of the mode of operation 
(negative or positive pressure) that is used for respiratory protection.
    (i) Qualitative fit testing of these respirators shall be 
accomplished by temporarily converting the respirator user's actual 
facepiece into a negative pressure respirator with appropriate filters, 
or by using an identical negative pressure air-purifying respirator 
facepiece with the same sealing surfaces as a surrogate for the 
atmosphere-supplying or powered air-purifying respirator facepiece.
    (ii) Quantitative fit testing of these respirators shall be 
accomplished by modifying the facepiece to allow sampling inside the 
facepiece in the breathing zone of the user, midway between the nose and 
mouth. This requirement shall be accomplished by installing a permanent 
sampling probe onto a surrogate facepiece, or by using a sampling 
adapter designed to temporarily provide a means of sampling air from 
inside the facepiece.
    (iii) Any modifications to the respirator facepiece for fit testing 
shall be completely removed, and the facepiece restored to NIOSH-
approved configuration, before that facepiece can be used in the 
workplace.
    (g) Use of respirators. This paragraph requires employers to 
establish and implement procedures for the proper use of respirators. 
These requirements include prohibiting conditions that may result in 
facepiece seal leakage, preventing employees from removing respirators 
in hazardous environments, taking actions to ensure continued effective 
respirator operation throughout the work shift, and establishing 
procedures for the use of respirators in IDLH atmospheres or in interior 
structural firefighting situations.
    (1) Facepiece seal protection. (i) The employer shall not permit 
respirators with tight-fitting facepieces to be worn by employees who 
have:
    (A) Facial hair that comes between the sealing surface of the 
facepiece and the face or that interferes with valve function; or
    (B) Any condition that interferes with the face-to-facepiece seal or 
valve function.
    (ii) If an employee wears corrective glasses or goggles or other 
personal protective equipment, the employer shall ensure that such 
equipment is worn in a manner that does not interfere with the seal of 
the facepiece to the face of the user.
    (iii) For all tight-fitting respirators, the employer shall ensure 
that employees perform a user seal check each time they put on the 
respirator using the procedures in appendix B-1 or procedures 
recommended by the respirator manufacturer that the employer 
demonstrates are as effective as those in appendix B-1 of this section.
    (2) Continuing respirator effectiveness. (i) Appropriate 
surveillance shall be maintained of work area conditions and degree of 
employee exposure or stress. When there is a change in work area 
conditions or degree of employee

[[Page 428]]

exposure or stress that may affect respirator effectiveness, the 
employer shall reevaluate the continued effectiveness of the respirator.
    (ii) The employer shall ensure that employees leave the respirator 
use area:
    (A) To wash their faces and respirator facepieces as necessary to 
prevent eye or skin irritation associated with respirator use; or
    (B) If they detect vapor or gas breakthrough, changes in breathing 
resistance, or leakage of the facepiece; or
    (C) To replace the respirator or the filter, cartridge, or canister 
elements.
    (iii) If the employee detects vapor or gas breakthrough, changes in 
breathing resistance, or leakage of the facepiece, the employer must 
replace or repair the respirator before allowing the employee to return 
to the work area.
    (3) Procedures for IDLH atmospheres. For all IDLH atmospheres, the 
employer shall ensure that:
    (i) One employee or, when needed, more than one employee is located 
outside the IDLH atmosphere;
    (ii) Visual, voice, or signal line communication is maintained 
between the employee(s) in the IDLH atmosphere and the employee(s) 
located outside the IDLH atmosphere;
    (iii) The employee(s) located outside the IDLH atmosphere are 
trained and equipped to provide effective emergency rescue;
    (iv) The employer or designee is notified before the employee(s) 
located outside the IDLH atmosphere enter the IDLH atmosphere to provide 
emergency rescue;
    (v) The employer or designee authorized to do so by the employer, 
once notified, provides necessary assistance appropriate to the 
situation;
    (vi) Employee(s) located outside the IDLH atmospheres are equipped 
with:
    (A) Pressure demand or other positive pressure SCBAs, or a pressure 
demand or other positive pressure supplied-air respirator with auxiliary 
SCBA; and either
    (B) Appropriate retrieval equipment for removing the employee(s) who 
enter(s) these hazardous atmospheres where retrieval equipment would 
contribute to the rescue of the employee(s) and would not increase the 
overall risk resulting from entry; or
    (C) Equivalent means for rescue where retrieval equipment is not 
required under paragraph (g)(3)(vi)(B).
    (4) Procedures for interior structural firefighting. In addition to 
the requirements set forth under paragraph (g)(3), in interior 
structural fires, the employer shall ensure that:
    (i) At least two employees enter the IDLH atmosphere and remain in 
visual or voice contact with one another at all times;
    (ii) At least two employees are located outside the IDLH atmosphere; 
and
    (iii) All employees engaged in interior structural firefighting use 
SCBAs.

    Note 1 to paragraph (g): One of the two individuals located outside 
the IDLH atmosphere may be assigned to an additional role, such as 
incident commander in charge of the emergency or safety officer, so long 
as this individual is able to perform assistance or rescue activities 
without jeopardizing the safety or health of any firefighter working at 
the incident.
    Note 2 to paragraph (g): Nothing in this section is meant to 
preclude firefighters from performing emergency rescue activities before 
an entire team has assembled.

    (h) Maintenance and care of respirators. This paragraph requires the 
employer to provide for the cleaning and disinfecting, storage, 
inspection, and repair of respirators used by employees.
    (1) Cleaning and disinfecting. The employer shall provide each 
respirator user with a respirator that is clean, sanitary, and in good 
working order. The employer shall ensure that respirators are cleaned 
and disinfected using the procedures in appendix B-2 of this section, or 
procedures recommended by the respirator manufacturer, provided that 
such procedures are of equivalent effectiveness. The respirators shall 
be cleaned and disinfected at the following intervals:
    (i) Respirators issued for the exclusive use of an employee shall be 
cleaned and disinfected as often as necessary to be maintained in a 
sanitary condition;
    (ii) Respirators issued to more than one employee shall be cleaned 
and disinfected before being worn by different individuals;

[[Page 429]]

    (iii) Respirators maintained for emergency use shall be cleaned and 
disinfected after each use; and
    (iv) Respirators used in fit testing and training shall be cleaned 
and disinfected after each use.
    (2) Storage. The employer shall ensure that respirators are stored 
as follows:
    (i) All respirators shall be stored to protect them from damage, 
contamination, dust, sunlight, extreme temperatures, excessive moisture, 
and damaging chemicals, and they shall be packed or stored to prevent 
deformation of the facepiece and exhalation valve.
    (ii) In addition to the requirements of paragraph (h)(2)(i) of this 
section, emergency respirators shall be:
    (A) Kept accessible to the work area;
    (B) Stored in compartments or in covers that are clearly marked as 
containing emergency respirators; and
    (C) Stored in accordance with any applicable manufacturer 
instructions.
    (3) Inspection. (i) The employer shall ensure that respirators are 
inspected as follows:
    (A) All respirators used in routine situations shall be inspected 
before each use and during cleaning;
    (B) All respirators maintained for use in emergency situations shall 
be inspected at least monthly and in accordance with the manufacturer's 
recommendations, and shall be checked for proper function before and 
after each use; and
    (C) Emergency escape-only respirators shall be inspected before 
being carried into the workplace for use.
    (ii) The employer shall ensure that respirator inspections include 
the following:
    (A) A check of respirator function, tightness of connections, and 
the condition of the various parts including, but not limited to, the 
facepiece, head straps, valves, connecting tube, and cartridges, 
canisters or filters; and
    (B) A check of elastomeric parts for pliability and signs of 
deterioration.
    (iii) In addition to the requirements of paragraphs (h)(3)(i) and 
(ii) of this section, self-contained breathing apparatus shall be 
inspected monthly. Air and oxygen cylinders shall be maintained in a 
fully charged state and shall be recharged when the pressure falls to 
90% of the manufacturer's recommended pressure level. The employer shall 
determine that the regulator and warning devices function properly.
    (iv) For respirators maintained for emergency use, the employer 
shall:
    (A) Certify the respirator by documenting the date the inspection 
was performed, the name (or signature) of the person who made the 
inspection, the findings, required remedial action, and a serial number 
or other means of identifying the inspected respirator; and
    (B) Provide this information on a tag or label that is attached to 
the storage compartment for the respirator, is kept with the respirator, 
or is included in inspection reports stored as paper or electronic 
files. This information shall be maintained until replaced following a 
subsequent certification.
    (4) Repairs. The employer shall ensure that respirators that fail an 
inspection or are otherwise found to be defective are removed from 
service, and are discarded or repaired or adjusted in accordance with 
the following procedures:
    (i) Repairs or adjustments to respirators are to be made only by 
persons appropriately trained to perform such operations and shall use 
only the respirator manufacturer's NIOSH-approved parts designed for the 
respirator;
    (ii) Repairs shall be made according to the manufacturer's 
recommendations and specifications for the type and extent of repairs to 
be performed; and
    (iii) Reducing and admission valves, regulators, and alarms shall be 
adjusted or repaired only by the manufacturer or a technician trained by 
the manufacturer.
    (i) Breathing air quality and use. This paragraph requires the 
employer to provide employees using atmosphere-supplying respirators 
(supplied-air and SCBA) with breathing gases of high purity.
    (1) The employer shall ensure that compressed air, compressed 
oxygen, liquid air, and liquid oxygen used for respiration accords with 
the following specifications:

[[Page 430]]

    (i) Compressed and liquid oxygen shall meet the United States 
Pharmacopoeia requirements for medical or breathing oxygen; and
    (ii) Compressed breathing air shall meet at least the requirements 
for Grade D breathing air described in ANSI/Compressed Gas Association 
Commodity Specification for Air, G-7.1-1989, to include:
    (A) Oxygen content (v/v) of 19.5-23.5%;
    (B) Hydrocarbon (condensed) content of 5 milligrams per cubic meter 
of air or less;
    (C) Carbon monoxide (CO) content of 10 ppm or less;
    (D) Carbon dioxide content of 1,000 ppm or less; and
    (E) Lack of noticeable odor.
    (2) The employer shall ensure that compressed oxygen is not used in 
atmosphere-supplying respirators that have previously used compressed 
air.
    (3) The employer shall ensure that oxygen concentrations greater 
than 23.5% are used only in equipment designed for oxygen service or 
distribution.
    (4) The employer shall ensure that cylinders used to supply 
breathing air to respirators meet the following requirements:
    (i) Cylinders are tested and maintained as prescribed in the 
Shipping Container Specification Regulations of the Department of 
Transportation (49 CFR part 180);
    (ii) Cylinders of purchased breathing air have a certificate of 
analysis from the supplier that the breathing air meets the requirements 
for Grade D breathing air; and
    (iii) The moisture content in the cylinder does not exceed a dew 
point of -50 [deg]F (-45.6 [deg]C) at 1 atmosphere pressure.
    (5) The employer shall ensure that compressors used to supply 
breathing air to respirators are constructed and situated so as to:
    (i) Prevent entry of contaminated air into the air-supply system;
    (ii) Minimize moisture content so that the dew point at 1 atmosphere 
pressure is 10 degrees F (5.56 [deg]C) below the ambient temperature;
    (iii) Have suitable in-line air-purifying sorbent beds and filters 
to further ensure breathing air quality. Sorbent beds and filters shall 
be maintained and replaced or refurbished periodically following the 
manufacturer's instructions.
    (iv) Have a tag containing the most recent change date and the 
signature of the person authorized by the employer to perform the 
change. The tag shall be maintained at the compressor.
    (6) For compressors that are not oil-lubricated, the employer shall 
ensure that carbon monoxide levels in the breathing air do not exceed 10 
ppm.
    (7) For oil-lubricated compressors, the employer shall use a high-
temperature or carbon monoxide alarm, or both, to monitor carbon 
monoxide levels. If only high-temperature alarms are used, the air 
supply shall be monitored at intervals sufficient to prevent carbon 
monoxide in the breathing air from exceeding 10 ppm.
    (8) The employer shall ensure that breathing air couplings are 
incompatible with outlets for nonrespirable worksite air or other gas 
systems. No asphyxiating substance shall be introduced into breathing 
air lines.
    (9) The employer shall use only the respirator manufacturer's NIOSH-
approved breathing-gas containers, marked and maintained in accordance 
with the Quality Assurance provisions of the NIOSH approval for the SCBA 
as issued in accordance with the NIOSH respirator-certification standard 
at 42 CFR part 84.
    (j) Identification of filters, cartridges, and canisters. The 
employer shall ensure that all filters, cartridges and canisters used in 
the workplace are labeled and color coded with the NIOSH approval label 
and that the label is not removed and remains legible.
    (k) Training and information. This paragraph requires the employer 
to provide effective training to employees who are required to use 
respirators. The training must be comprehensive, understandable, and 
recur annually, and more often if necessary. This paragraph also 
requires the employer to provide the basic information on respirators in 
appendix D of this section to employees who wear respirators when not 
required by this section or by the employer to do so.

[[Page 431]]

    (1) The employer shall ensure that each employee can demonstrate 
knowledge of at least the following:
    (i) Why the respirator is necessary and how improper fit, usage, or 
maintenance can compromise the protective effect of the respirator;
    (ii) What the limitations and capabilities of the respirator are;
    (iii) How to use the respirator effectively in emergency situations, 
including situations in which the respirator malfunctions;
    (iv) How to inspect, put on and remove, use, and check the seals of 
the respirator;
    (v) What the procedures are for maintenance and storage of the 
respirator;
    (vi) How to recognize medical signs and symptoms that may limit or 
prevent the effective use of respirators; and
    (vii) The general requirements of this section.
    (2) The training shall be conducted in a manner that is 
understandable to the employee.
    (3) The employer shall provide the training prior to requiring the 
employee to use a respirator in the workplace.
    (4) An employer who is able to demonstrate that a new employee has 
received training within the last 12 months that addresses the elements 
specified in paragraph (k)(1)(i) through (vii) is not required to repeat 
such training provided that, as required by paragraph (k)(1), the 
employee can demonstrate knowledge of those element(s). Previous 
training not repeated initially by the employer must be provided no 
later than 12 months from the date of the previous training.
    (5) Retraining shall be administered annually, and when the 
following situations occur:
    (i) Changes in the workplace or the type of respirator render 
previous training obsolete;
    (ii) Inadequacies in the employee's knowledge or use of the 
respirator indicate that the employee has not retained the requisite 
understanding or skill; or
    (iii) Any other situation arises in which retraining appears 
necessary to ensure safe respirator use.
    (6) The basic advisory information on respirators, as presented in 
appendix D of this section, shall be provided by the employer in any 
written or oral format, to employees who wear respirators when such use 
is not required by this section or by the employer.
    (l) Program evaluation. This section requires the employer to 
conduct evaluations of the workplace to ensure that the written 
respiratory protection program is being properly implemented, and to 
consult employees to ensure that they are using the respirators 
properly.
    (1) The employer shall conduct evaluations of the workplace as 
necessary to ensure that the provisions of the current written program 
are being effectively implemented and that it continues to be effective.
    (2) The employer shall regularly consult employees required to use 
respirators to assess the employees' views on program effectiveness and 
to identify any problems. Any problems that are identified during this 
assessment shall be corrected. Factors to be assessed include, but are 
not limited to:
    (i) Respirator fit (including the ability to use the respirator 
without interfering with effective workplace performance);
    (ii) Appropriate respirator selection for the hazards to which the 
employee is exposed;
    (iii) Proper respirator use under the workplace conditions the 
employee encounters; and
    (iv) Proper respirator maintenance.
    (m) Recordkeeping. This section requires the employer to establish 
and retain written information regarding medical evaluations, fit 
testing, and the respirator program. This information will facilitate 
employee involvement in the respirator program, assist the employer in 
auditing the adequacy of the program, and provide a record for 
compliance determinations by OSHA.
    (1) Medical evaluation. Records of medical evaluations required by 
this section must be retained and made available in accordance with 29 
CFR 1910.1020.
    (2) Fit testing. (i) The employer shall establish a record of the 
qualitative

[[Page 432]]

and quantitative fit tests administered to an employee including:
    (A) The name or identification of the employee tested;
    (B) Type of fit test performed;
    (C) Specific make, model, style, and size of respirator tested;
    (D) Date of test; and
    (E) The pass/fail results for QLFTs or the fit factor and strip 
chart recording or other recording of the test results for QNFTs.
    (ii) Fit test records shall be retained for respirator users until 
the next fit test is administered.
    (3) A written copy of the current respirator program shall be 
retained by the employer.
    (4) Written materials required to be retained under this paragraph 
shall be made available upon request to affected employees and to the 
Assistant Secretary or designee for examination and copying.
    (n) Effective date. Paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this 
section become effective November 22, 2006.
    (o) Appendices. Compliance with appendix A, appendix B-1, appendix 
B-2, appendix C, and appendix D to this section are mandatory.

    Appendix A to Sec.  1910.134--Fit Testing Procedures (Mandatory)

                Part I. OSHA-Accepted Fit Test Protocols

             A. Fit Testing Procedures--General Requirements

    The employer shall conduct fit testing using the following 
procedures. The requirements in this appendix apply to all OSHA-accepted 
fit test methods, both QLFT and QNFT.
    1. The test subject shall be allowed to pick the most acceptable 
respirator from a sufficient number of respirator models and sizes so 
that the respirator is acceptable to, and correctly fits, the user.
    2. Prior to the selection process, the test subject shall be shown 
how to put on a respirator, how it should be positioned on the face, how 
to set strap tension and how to determine an acceptable fit. A mirror 
shall be available to assist the subject in evaluating the fit and 
positioning of the respirator. This instruction may not constitute the 
subject's formal training on respirator use, because it is only a 
review.
    3. The test subject shall be informed that he/she is being asked to 
select the respirator that provides the most acceptable fit. Each 
respirator represents a different size and shape, and if fitted and used 
properly, will provide adequate protection.
    4. The test subject shall be instructed to hold each chosen 
facepiece up to the face and eliminate those that obviously do not give 
an acceptable fit.
    5. The more acceptable facepieces are noted in case the one selected 
proves unacceptable; the most comfortable mask is donned and worn at 
least five minutes to assess comfort. Assistance in assessing comfort 
can be given by discussing the points in the following item A.6. If the 
test subject is not familiar with using a particular respirator, the 
test subject shall be directed to don the mask several times and to 
adjust the straps each time to become adept at setting proper tension on 
the straps.
    6. Assessment of comfort shall include a review of the following 
points with the test subject and allowing the test subject adequate time 
to determine the comfort of the respirator:
    (a) Position of the mask on the nose
    (b) Room for eye protection
    (c) Room to talk
    (d) Position of mask on face and cheeks
    7. The following criteria shall be used to help determine the 
adequacy of the respirator fit:
    (a) Chin properly placed;
    (b) Adequate strap tension, not overly tightened;
    (c) Fit across nose bridge;
    (d) Respirator of proper size to span distance from nose to chin;
    (e) Tendency of respirator to slip;
    (f) Self-observation in mirror to evaluate fit and respirator 
position.
    8. The test subject shall conduct a user seal check, either the 
negative and positive pressure seal checks described in appendix B-1 of 
this section or those recommended by the respirator manufacturer which 
provide equivalent protection to the procedures in appendix B-1. Before 
conducting the negative and positive pressure checks, the subject shall 
be told to seat the mask on the face by moving the head from side-to-
side and up and down slowly while taking in a few slow deep breaths. 
Another facepiece shall be selected and retested if the test subject 
fails the user seal check tests.
    9. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface, such as stubble 
beard growth, beard, mustache or sideburns which cross the respirator 
sealing surface. Any type of apparel which interferes with a 
satisfactory fit shall be altered or removed.
    10. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician or other licensed 
health care professional, as appropriate, to determine whether the test 
subject can wear

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a respirator while performing her or his duties.
    11. If the employee finds the fit of the respirator unacceptable, 
the test subject shall be given the opportunity to select a different 
respirator and to be retested.
    12. Exercise regimen. Prior to the commencement of the fit test, the 
test subject shall be given a description of the fit test and the test 
subject's responsibilities during the test procedure. The description of 
the process shall include a description of the test exercises that the 
subject will be performing. The respirator to be tested shall be worn 
for at least 5 minutes before the start of the fit test.
    13. The fit test shall be performed while the test subject is 
wearing any applicable safety equipment that may be worn during actual 
respirator use which could interfere with respirator fit.
    14. Test Exercises. (a) Employers must perform the following test 
exercises for all fit testing methods prescribed in this appendix, 
except for the two modified ambient aerosol CNC quantitative fit testing 
protocols, the CNP quantitative fit testing protocol, and the CNP REDON 
quantitative fit testing protocol. For the modified ambient aerosol CNC 
quantitative fit testing protocols, employers shall ensure that the test 
subjects (i.e., employees) perform the exercise procedure specified in 
Part I.C.4(b) of this appendix for full-facepiece and half-mask 
elastomeric respirators, or the exercise procedure specified in Part 
I.C.5(b) for filtering facepiece respirators. Employers shall ensure 
that the test subjects (i.e., employees) perform the exercise procedure 
specified in Part I.C.6(b) of this appendix for the CNP quantitative fit 
testing protocol, or the exercise procedure described in Part I.C.7(b) 
of this appendix for the CNP REDON quantitative fit testing protocol. 
For the remaining fit testing methods, employers shall ensure that the 
test exercises are performed in the appropriate test environment in the 
following manner:
    (1) Normal breathing. In a normal standing position, without 
talking, the subject shall breathe normally.
    (2) Deep breathing. In a normal standing position, the subject shall 
breathe slowly and deeply, taking caution so as not to hyperventilate.
    (3) Turning head side to side. Standing in place, the subject shall 
slowly turn his/her head from side to side between the extreme positions 
on each side. The head shall be held at each extreme momentarily so the 
subject can inhale at each side.
    (4) Moving head up and down. Standing in place, the subject shall 
slowly move his/her head up and down. The subject shall be instructed to 
inhale in the up position (i.e., when looking toward the ceiling).
    (5) Talking. The subject shall talk out loud slowly and loud enough 
so as to be heard clearly by the test conductor. The subject can read 
from a prepared text such as the Rainbow Passage, count backward from 
100, or recite a memorized poem or song.

                             Rainbow Passage

    When the sunlight strikes raindrops in the air, they act like a 
prism and form a rainbow. The rainbow is a division of white light into 
many beautiful colors. These take the shape of a long round arch, with 
its path high above, and its two ends apparently beyond the horizon. 
There is, according to legend, a boiling pot of gold at one end. People 
look, but no one ever finds it. When a man looks for something beyond 
reach, his friends say he is looking for the pot of gold at the end of 
the rainbow.
    (6) Grimace. The test subject shall grimace by smiling or frowning. 
(This applies only to QNFT testing; it is not performed for QLFT)
    (7) Bending over. The test subject shall bend at the waist as if he/
she were to touch his/her toes. Jogging in place shall be substituted 
for this exercise in those test environments such as shroud type QNFT or 
QLFT units that do not permit bending over at the waist.
    (8) Normal breathing. Same as exercise (1).
    (b) Each test exercise shall be performed for one minute except for 
the grimace exercise which shall be performed for 15 seconds. The test 
subject shall be questioned by the test conductor regarding the comfort 
of the respirator upon completion of the protocol. If it has become 
unacceptable, another model of respirator shall be tried. The respirator 
shall not be adjusted once the fit test exercises begin. Any adjustment 
voids the test, and the fit test must be repeated.

                B. Qualitative Fit Test (QLFT) Protocols

                               1. General

    (a) The employer shall ensure that persons administering QLFT are 
able to prepare test solutions, calibrate equipment and perform tests 
properly, recognize invalid tests, and ensure that test equipment is in 
proper working order.
    (b) The employer shall ensure that QLFT equipment is kept clean and 
well maintained so as to operate within the parameters for which it was 
designed.

                       2. Isoamyl Acetate Protocol

    Note: This protocol is not appropriate to use for the fit testing of 
particulate respirators. If used to fit test particulate respirators, 
the respirator must be equipped with an organic vapor filter.

    (a) Odor Threshold Screening
    Odor threshold screening, performed without wearing a respirator, is 
intended to determine if the individual tested can detect the odor of 
isoamyl acetate at low levels.

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    (1) Three 1 liter glass jars with metal lids are required.
    (2) Odor-free water (e.g., distilled or spring water) at 
approximately 25 [deg]C (77 [deg]F) shall be used for the solutions.
    (3) The isoamyl acetate (IAA) (also known at isopentyl acetate) 
stock solution is prepared by adding 1 ml of pure IAA to 800 ml of odor-
free water in a 1 liter jar, closing the lid and shaking for 30 seconds. 
A new solution shall be prepared at least weekly.
    (4) The screening test shall be conducted in a room separate from 
the room used for actual fit testing. The two rooms shall be well-
ventilated to prevent the odor of IAA from becoming evident in the 
general room air where testing takes place.
    (5) The odor test solution is prepared in a second jar by placing 
0.4 ml of the stock solution into 500 ml of odor-free water using a 
clean dropper or pipette. The solution shall be shaken for 30 seconds 
and allowed to stand for two to three minutes so that the IAA 
concentration above the liquid may reach equilibrium. This solution 
shall be used for only one day.
    (6) A test blank shall be prepared in a third jar by adding 500 cc 
of odor-free water.
    (7) The odor test and test blank jar lids shall be labeled (e.g., 1 
and 2) for jar identification. Labels shall be placed on the lids so 
that they can be peeled off periodically and switched to maintain the 
integrity of the test.
    (8) The following instruction shall be typed on a card and placed on 
the table in front of the two test jars (i.e., 1 and 2): ``The purpose 
of this test is to determine if you can smell banana oil at a low 
concentration. The two bottles in front of you contain water. One of 
these bottles also contains a small amount of banana oil. Be sure the 
covers are on tight, then shake each bottle for two seconds. Unscrew the 
lid of each bottle, one at a time, and sniff at the mouth of the bottle. 
Indicate to the test conductor which bottle contains banana oil.''
    (9) The mixtures used in the IAA odor detection test shall be 
prepared in an area separate from where the test is performed, in order 
to prevent olfactory fatigue in the subject.
    (10) If the test subject is unable to correctly identify the jar 
containing the odor test solution, the IAA qualitative fit test shall 
not be performed.
    (11) If the test subject correctly identifies the jar containing the 
odor test solution, the test subject may proceed to respirator selection 
and fit testing.
    (b) Isoamyl Acetate Fit Test
    (1) The fit test chamber shall be a clear 55-gallon drum liner 
suspended inverted over a 2-foot diameter frame so that the top of the 
chamber is about 6 inches above the test subject's head. If no drum 
liner is available, a similar chamber shall be constructed using plastic 
sheeting. The inside top center of the chamber shall have a small hook 
attached.
    (2) Each respirator used for the fitting and fit testing shall be 
equipped with organic vapor cartridges or offer protection against 
organic vapors.
    (3) After selecting, donning, and properly adjusting a respirator, 
the test subject shall wear it to the fit testing room. This room shall 
be separate from the room used for odor threshold screening and 
respirator selection, and shall be well-ventilated, as by an exhaust fan 
or lab hood, to prevent general room contamination.
    (4) A copy of the test exercises and any prepared text from which 
the subject is to read shall be taped to the inside of the test chamber.
    (5) Upon entering the test chamber, the test subject shall be given 
a 6-inch by 5-inch piece of paper towel, or other porous, absorbent, 
single-ply material, folded in half and wetted with 0.75 ml of pure IAA. 
The test subject shall hang the wet towel on the hook at the top of the 
chamber. An IAA test swab or ampule may be substituted for the IAA 
wetted paper towel provided it has been demonstrated that the 
alternative IAA source will generate an IAA test atmosphere with a 
concentration equivalent to that generated by the paper towel method.
    (6) Allow two minutes for the IAA test concentration to stabilize 
before starting the fit test exercises. This would be an appropriate 
time to talk with the test subject; to explain the fit test, the 
importance of his/her cooperation, and the purpose for the test 
exercises; or to demonstrate some of the exercises.
    (7) If at any time during the test, the subject detects the banana-
like odor of IAA, the test is failed. The subject shall quickly exit 
from the test chamber and leave the test area to avoid olfactory 
fatigue.
    (8) If the test is failed, the subject shall return to the selection 
room and remove the respirator. The test subject shall repeat the odor 
sensitivity test, select and put on another respirator, return to the 
test area and again begin the fit test procedure described in (b) (1) 
through (7) above. The process continues until a respirator that fits 
well has been found. Should the odor sensitivity test be failed, the 
subject shall wait at least 5 minutes before retesting. Odor sensitivity 
will usually have returned by this time.
    (9) If the subject passes the test, the efficiency of the test 
procedure shall be demonstrated by having the subject break the 
respirator face seal and take a breath before exiting the chamber.
    (10) When the test subject leaves the chamber, the subject shall 
remove the saturated towel and return it to the person conducting the 
test, so that there is no significant IAA concentration buildup in the 
chamber during subsequent tests. The used towels shall be

[[Page 435]]

kept in a self-sealing plastic bag to keep the test area from being 
contaminated.

                 3. Saccharin Solution Aerosol Protocol

    The entire screening and testing procedure shall be explained to the 
test subject prior to the conduct of the screening test.
    (a) Taste threshold screening. The saccharin taste threshold 
screening, performed without wearing a respirator, is intended to 
determine whether the individual being tested can detect the taste of 
saccharin.
    (1) During threshold screening as well as during fit testing, 
subjects shall wear an enclosure about the head and shoulders that is 
approximately 12 inches in diameter by 14 inches tall with at least the 
front portion clear and that allows free movements of the head when a 
respirator is worn. An enclosure substantially similar to the 3M hood 
assembly, parts  FT 14 and  FT 15 combined, is adequate.
    (2) The test enclosure shall have a \3/4\-inch (1.9 cm) hole in 
front of the test subject's nose and mouth area to accommodate the 
nebulizer nozzle.
    (3) The test subject shall don the test enclosure. Throughout the 
threshold screening test, the test subject shall breathe through his/her 
slightly open mouth with tongue extended. The subject is instructed to 
report when he/she detects a sweet taste.
    (4) Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or 
equivalent, the test conductor shall spray the threshold check solution 
into the enclosure. The nozzle is directed away from the nose and mouth 
of the person. This nebulizer shall be clearly marked to distinguish it 
from the fit test solution nebulizer.
    (5) The threshold check solution is prepared by dissolving 0.83 gram 
of sodium saccharin USP in 100 ml of warm water. It can be prepared by 
putting 1 ml of the fit test solution (see (b)(5) below) in 100 ml of 
distilled water.
    (6) To produce the aerosol, the nebulizer bulb is firmly squeezed so 
that it collapses completely, then released and allowed to fully expand.
    (7) Ten squeezes are repeated rapidly and then the test subject is 
asked whether the saccharin can be tasted. If the test subject reports 
tasting the sweet taste during the ten squeezes, the screening test is 
completed. The taste threshold is noted as ten regardless of the number 
of squeezes actually completed.
    (8) If the first response is negative, ten more squeezes are 
repeated rapidly and the test subject is again asked whether the 
saccharin is tasted. If the test subject reports tasting the sweet taste 
during the second ten squeezes, the screening test is completed. The 
taste threshold is noted as twenty regardless of the number of squeezes 
actually completed.
    (9) If the second response is negative, ten more squeezes are 
repeated rapidly and the test subject is again asked whether the 
saccharin is tasted. If the test subject reports tasting the sweet taste 
during the third set of ten squeezes, the screening test is completed. 
The taste threshold is noted as thirty regardless of the number of 
squeezes actually completed.
    (10) The test conductor will take note of the number of squeezes 
required to solicit a taste response.
    (11) If the saccharin is not tasted after 30 squeezes (step 10), the 
test subject is unable to taste saccharin and may not perform the 
saccharin fit test.

    Note to paragraph 3(a): If the test subject eats or drinks something 
sweet before the screening test, he/she may be unable to taste the weak 
saccharin solution.

    (12) If a taste response is elicited, the test subject shall be 
asked to take note of the taste for reference in the fit test.
    (13) Correct use of the nebulizer means that approximately 1 ml of 
liquid is used at a time in the nebulizer body.
    (14) The nebulizer shall be thoroughly rinsed in water, shaken dry, 
and refilled at least each morning and afternoon or at least every four 
hours.
    (b) Saccharin solution aerosol fit test procedure.
    (1) The test subject may not eat, drink (except plain water), smoke, 
or chew gum for 15 minutes before the test.
    (2) The fit test uses the same enclosure described in 3. (a) above.
    (3) The test subject shall don the enclosure while wearing the 
respirator selected in section I. A. of this appendix. The respirator 
shall be properly adjusted and equipped with a particulate filter(s).
    (4) A second DeVilbiss Model 40 Inhalation Medication Nebulizer or 
equivalent is used to spray the fit test solution into the enclosure. 
This nebulizer shall be clearly marked to distinguish it from the 
screening test solution nebulizer.
    (5) The fit test solution is prepared by adding 83 grams of sodium 
saccharin to 100 ml of warm water.
    (6) As before, the test subject shall breathe through the slightly 
open mouth with tongue extended, and report if he/she tastes the sweet 
taste of saccharin.
    (7) The nebulizer is inserted into the hole in the front of the 
enclosure and an initial concentration of saccharin fit test solution is 
sprayed into the enclosure using the same number of squeezes (either 10, 
20 or 30 squeezes) based on the number of squeezes required to elicit a 
taste response as noted during the screening test. A minimum of 10 
squeezes is required.

[[Page 436]]

    (8) After generating the aerosol, the test subject shall be 
instructed to perform the exercises in section I. A. 14. of this 
appendix.
    (9) Every 30 seconds the aerosol concentration shall be replenished 
using one half the original number of squeezes used initially (e.g., 5, 
10 or 15).
    (10) The test subject shall indicate to the test conductor if at any 
time during the fit test the taste of saccharin is detected. If the test 
subject does not report tasting the saccharin, the test is passed.
    (11) If the taste of saccharin is detected, the fit is deemed 
unsatisfactory and the test is failed. A different respirator shall be 
tried and the entire test procedure is repeated (taste threshold 
screening and fit testing).
    (12) Since the nebulizer has a tendency to clog during use, the test 
operator must make periodic checks of the nebulizer to ensure that it is 
not clogged. If clogging is found at the end of the test session, the 
test is invalid.

 4. Bitrex \TM\ (Denatonium Benzoate) Solution Aerosol Qualitative Fit 
                              Test Protocol

    The Bitrex \TM\ (Denatonium benzoate) solution aerosol QLFT protocol 
uses the published saccharin test protocol because that protocol is 
widely accepted. Bitrex is routinely used as a taste aversion agent in 
household liquids which children should not be drinking and is endorsed 
by the American Medical Association, the National Safety Council, and 
the American Association of Poison Control Centers. The entire screening 
and testing procedure shall be explained to the test subject prior to 
the conduct of the screening test.
    (a) Taste Threshold Screening.
    The Bitrex taste threshold screening, performed without wearing a 
respirator, is intended to determine whether the individual being tested 
can detect the taste of Bitrex.
    (1) During threshold screening as well as during fit testing, 
subjects shall wear an enclosure about the head and shoulders that is 
approximately 12 inches (30.5 cm) in diameter by 14 inches (35.6 cm) 
tall. The front portion of the enclosure shall be clear from the 
respirator and allow free movement of the head when a respirator is 
worn. An enclosure substantially similar to the 3M hood assembly, parts 
 FT 14 and  FT 15 combined, is adequate.
    (2) The test enclosure shall have a \3/4\ inch (1.9 cm) hole in 
front of the test subject's nose and mouth area to accommodate the 
nebulizer nozzle.
    (3) The test subject shall don the test enclosure. Throughout the 
threshold screening test, the test subject shall breathe through his or 
her slightly open mouth with tongue extended. The subject is instructed 
to report when he/she detects a bitter taste.
    (4) Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or 
equivalent, the test conductor shall spray the Threshold Check Solution 
into the enclosure. This Nebulizer shall be clearly marked to 
distinguish it from the fit test solution nebulizer.
    (5) The Threshold Check Solution is prepared by adding 13.5 
milligrams of Bitrex to 100 ml of 5% salt (NaCl) solution in distilled 
water.
    (6) To produce the aerosol, the nebulizer bulb is firmly squeezed so 
that the bulb collapses completely, and is then released and allowed to 
fully expand.
    (7) An initial ten squeezes are repeated rapidly and then the test 
subject is asked whether the Bitrex can be tasted. If the test subject 
reports tasting the bitter taste during the ten squeezes, the screening 
test is completed. The taste threshold is noted as ten regardless of the 
number of squeezes actually completed.
    (8) If the first response is negative, ten more squeezes are 
repeated rapidly and the test subject is again asked whether the Bitrex 
is tasted. If the test subject reports tasting the bitter taste during 
the second ten squeezes, the screening test is completed. The taste 
threshold is noted as twenty regardless of the number of squeezes 
actually completed.
    (9) If the second response is negative, ten more squeezes are 
repeated rapidly and the test subject is again asked whether the Bitrex 
is tasted. If the test subject reports tasting the bitter taste during 
the third set of ten squeezes, the screening test is completed. The 
taste threshold is noted as thirty regardless of the number of squeezes 
actually completed.
    (10) The test conductor will take note of the number of squeezes 
required to solicit a taste response.
    (11) If the Bitrex is not tasted after 30 squeezes (step 10), the 
test subject is unable to taste Bitrex and may not perform the Bitrex 
fit test.
    (12) If a taste response is elicited, the test subject shall be 
asked to take note of the taste for reference in the fit test.
    (13) Correct use of the nebulizer means that approximately 1 ml of 
liquid is used at a time in the nebulizer body.
    (14) The nebulizer shall be thoroughly rinsed in water, shaken to 
dry, and refilled at least each morning and afternoon or at least every 
four hours.
    (b) Bitrex Solution Aerosol Fit Test Procedure.
    (1) The test subject may not eat, drink (except plain water), smoke, 
or chew gum for 15 minutes before the test.
    (2) The fit test uses the same enclosure as that described in 4. (a) 
above.
    (3) The test subject shall don the enclosure while wearing the 
respirator selected according to section I. A. of this appendix. The 
respirator shall be properly adjusted and equipped with any type 
particulate filter(s).

[[Page 437]]

    (4) A second DeVilbiss Model 40 Inhalation Medication Nebulizer or 
equivalent is used to spray the fit test solution into the enclosure. 
This nebulizer shall be clearly marked to distinguish it from the 
screening test solution nebulizer.
    (5) The fit test solution is prepared by adding 337.5 mg of Bitrex 
to 200 ml of a 5% salt (NaCl) solution in warm water.
    (6) As before, the test subject shall breathe through his or her 
slightly open mouth with tongue extended, and be instructed to report if 
he/she tastes the bitter taste of Bitrex.
    (7) The nebulizer is inserted into the hole in the front of the 
enclosure and an initial concentration of the fit test solution is 
sprayed into the enclosure using the same number of squeezes (either 10, 
20 or 30 squeezes) based on the number of squeezes required to elicit a 
taste response as noted during the screening test.
    (8) After generating the aerosol, the test subject shall be 
instructed to perform the exercises in section I. A. 14. of this 
appendix.
    (9) Every 30 seconds the aerosol concentration shall be replenished 
using one half the number of squeezes used initially (e.g., 5, 10 or 
15).
    (10) The test subject shall indicate to the test conductor if at any 
time during the fit test the taste of Bitrex is detected. If the test 
subject does not report tasting the Bitrex, the test is passed.
    (11) If the taste of Bitrex is detected, the fit is deemed 
unsatisfactory and the test is failed. A different respirator shall be 
tried and the entire test procedure is repeated (taste threshold 
screening and fit testing).

              5. Irritant Smoke (Stannic Chloride) Protocol

    This qualitative fit test uses a person's response to the irritating 
chemicals released in the ``smoke'' produced by a stannic chloride 
ventilation smoke tube to detect leakage into the respirator.
    (a) General Requirements and Precautions
    (1) The respirator to be tested shall be equipped with high 
efficiency particulate air (HEPA) or P100 series filter(s).
    (2) Only stannic chloride smoke tubes shall be used for this 
protocol.
    (3) No form of test enclosure or hood for the test subject shall be 
used.
    (4) The smoke can be irritating to the eyes, lungs, and nasal 
passages. The test conductor shall take precautions to minimize the test 
subject's exposure to irritant smoke. Sensitivity varies, and certain 
individuals may respond to a greater degree to irritant smoke. Care 
shall be taken when performing the sensitivity screening checks that 
determine whether the test subject can detect irritant smoke to use only 
the minimum amount of smoke necessary to elicit a response from the test 
subject.
    (5) The fit test shall be performed in an area with adequate 
ventilation to prevent exposure of the person conducting the fit test or 
the build-up of irritant smoke in the general atmosphere.
    (b) Sensitivity Screening Check
    The person to be tested must demonstrate his or her ability to 
detect a weak concentration of the irritant smoke.
    (1) The test operator shall break both ends of a ventilation smoke 
tube containing stannic chloride, and attach one end of the smoke tube 
to a low flow air pump set to deliver 200 milliliters per minute, or an 
aspirator squeeze bulb. The test operator shall cover the other end of 
the smoke tube with a short piece of tubing to prevent potential injury 
from the jagged end of the smoke tube.
    (2) The test operator shall advise the test subject that the smoke 
can be irritating to the eyes, lungs, and nasal passages and instruct 
the subject to keep his/her eyes closed while the test is performed.
    (3) The test subject shall be allowed to smell a weak concentration 
of the irritant smoke before the respirator is donned to become familiar 
with its irritating properties and to determine if he/she can detect the 
irritating properties of the smoke. The test operator shall carefully 
direct a small amount of the irritant smoke in the test subject's 
direction to determine that he/she can detect it.
    (c) Irritant Smoke Fit Test Procedure
    (1) The person being fit tested shall don the respirator without 
assistance, and perform the required user seal check(s).
    (2) The test subject shall be instructed to keep his/her eyes 
closed.
    (3) The test operator shall direct the stream of irritant smoke from 
the smoke tube toward the faceseal area of the test subject, using the 
low flow pump or the squeeze bulb. The test operator shall begin at 
least 12 inches from the facepiece and move the smoke stream around the 
whole perimeter of the mask. The operator shall gradually make two more 
passes around the perimeter of the mask, moving to within six inches of 
the respirator.
    (4) If the person being tested has not had an involuntary response 
and/or detected the irritant smoke, proceed with the test exercises.
    (5) The exercises identified in section I.A. 14. of this appendix 
shall be performed by the test subject while the respirator seal is 
being continually challenged by the smoke, directed around the perimeter 
of the respirator at a distance of six inches.
    (6) If the person being fit tested reports detecting the irritant 
smoke at any time, the test is failed. The person being retested must 
repeat the entire sensitivity check and fit test procedure.

[[Page 438]]

    (7) Each test subject passing the irritant smoke test without 
evidence of a response (involuntary cough, irritation) shall be given a 
second sensitivity screening check, with the smoke from the same smoke 
tube used during the fit test, once the respirator has been removed, to 
determine whether he/she still reacts to the smoke. Failure to evoke a 
response shall void the fit test.
    (8) If a response is produced during this second sensitivity check, 
then the fit test is passed.

                C. Quantitative Fit Test (QNFT) Protocols

    The following quantitative fit testing procedures have been 
demonstrated to be acceptable: Quantitative fit testing using a non-
hazardous test aerosol (such as corn oil, polyethylene glycol 400 [PEG 
400], di-2-ethyl hexyl sebacate [DEHS], or sodium chloride) generated in 
a test chamber, and employing instrumentation to quantify the fit of the 
respirator; Quantitative fit testing using ambient aerosol as the test 
agent and appropriate instrumentation (condensation nuclei counter) to 
quantify the respirator fit; Quantitative fit testing using controlled 
negative pressure and appropriate instrumentation to measure the 
volumetric leak rate of a facepiece to quantify the respirator fit.

                               1. General

    (a) The employer shall ensure that persons administering QNFT are 
able to calibrate equipment and perform tests properly, recognize 
invalid tests, calculate fit factors properly and ensure that test 
equipment is in proper working order.
    (b) The employer shall ensure that QNFT equipment is kept clean, and 
is maintained and calibrated according to the manufacturer's 
instructions so as to operate at the parameters for which it was 
designed.

         2. Generated Aerosol Quantitative Fit Testing Protocol

    (a) Apparatus.
    (1) Instrumentation. Aerosol generation, dilution, and measurement 
systems using particulates (corn oil, polyethylene glycol 400 [PEG 400], 
di-2-ethyl hexyl sebacate [DEHS] or sodium chloride) as test aerosols 
shall be used for quantitative fit testing.
    (2) Test chamber. The test chamber shall be large enough to permit 
all test subjects to perform freely all required exercises without 
disturbing the test agent concentration or the measurement apparatus. 
The test chamber shall be equipped and constructed so that the test 
agent is effectively isolated from the ambient air, yet uniform in 
concentration throughout the chamber.
    (3) When testing air-purifying respirators, the normal filter or 
cartridge element shall be replaced with a high efficiency particulate 
air (HEPA) or P100 series filter supplied by the same manufacturer.
    (4) The sampling instrument shall be selected so that a computer 
record or strip chart record may be made of the test showing the rise 
and fall of the test agent concentration with each inspiration and 
expiration at fit factors of at least 2,000. Integrators or computers 
that integrate the amount of test agent penetration leakage into the 
respirator for each exercise may be used provided a record of the 
readings is made.
    (5) The combination of substitute air-purifying elements, test agent 
and test agent concentration shall be such that the test subject is not 
exposed in excess of an established exposure limit for the test agent at 
any time during the testing process, based upon the length of the 
exposure and the exposure limit duration.
    (6) The sampling port on the test specimen respirator shall be 
placed and constructed so that no leakage occurs around the port (e.g., 
where the respirator is probed), a free air flow is allowed into the 
sampling line at all times, and there is no interference with the fit or 
performance of the respirator. The in-mask sampling device (probe) shall 
be designed and used so that the air sample is drawn from the breathing 
zone of the test subject, midway between the nose and mouth and with the 
probe extending into the facepiece cavity at least \1/4\ inch.
    (7) The test setup shall permit the person administering the test to 
observe the test subject inside the chamber during the test.
    (8) The equipment generating the test atmosphere shall maintain the 
concentration of test agent constant to within a 10 percent variation 
for the duration of the test.
    (9) The time lag (interval between an event and the recording of the 
event on the strip chart or computer or integrator) shall be kept to a 
minimum. There shall be a clear association between the occurrence of an 
event and its being recorded.
    (10) The sampling line tubing for the test chamber atmosphere and 
for the respirator sampling port shall be of equal diameter and of the 
same material. The length of the two lines shall be equal.
    (11) The exhaust flow from the test chamber shall pass through an 
appropriate filter (i.e., high efficiency particulate filter) before 
release.
    (12) When sodium chloride aerosol is used, the relative humidity 
inside the test chamber shall not exceed 50 percent.
    (13) The limitations of instrument detection shall be taken into 
account when determining the fit factor.
    (14) Test respirators shall be maintained in proper working order 
and be inspected regularly for deficiencies such as cracks or missing 
valves and gaskets.
    (b) Procedural Requirements.

[[Page 439]]

    (1) When performing the initial user seal check using a positive or 
negative pressure check, the sampling line shall be crimped closed in 
order to avoid air pressure leakage during either of these pressure 
checks.
    (2) The use of an abbreviated screening QLFT test is optional. Such 
a test may be utilized in order to quickly identify poor fitting 
respirators that passed the positive and/or negative pressure test and 
reduce the amount of QNFT time. The use of the CNC QNFT instrument in 
the count mode is another optional method to obtain a quick estimate of 
fit and eliminate poor fitting respirators before going on to perform a 
full QNFT.
    (3) A reasonably stable test agent concentration shall be measured 
in the test chamber prior to testing. For canopy or shower curtain types 
of test units, the determination of the test agent's stability may be 
established after the test subject has entered the test environment.
    (4) Immediately after the subject enters the test chamber, the test 
agent concentration inside the respirator shall be measured to ensure 
that the peak penetration does not exceed 5 percent for a half mask or 1 
percent for a full facepiece respirator.
    (5) A stable test agent concentration shall be obtained prior to the 
actual start of testing.
    (6) Respirator restraining straps shall not be over-tightened for 
testing. The straps shall be adjusted by the wearer without assistance 
from other persons to give a reasonably comfortable fit typical of 
normal use. The respirator shall not be adjusted once the fit test 
exercises begin.
    (7) The test shall be terminated whenever any single peak 
penetration exceeds 5 percent for half masks and 1 percent for full 
facepiece respirators. The test subject shall be refitted and retested.
    (8) Calculation of fit factors.
    (i) The fit factor shall be determined for the quantitative fit test 
by taking the ratio of the average chamber concentration to the 
concentration measured inside the respirator for each test exercise 
except the grimace exercise.
    (ii) The average test chamber concentration shall be calculated as 
the arithmetic average of the concentration measured before and after 
each test (i.e., 7 exercises) or the arithmetic average of the 
concentration measured before and after each exercise or the true 
average measured continuously during the respirator sample.
    (iii) The concentration of the challenge agent inside the respirator 
shall be determined by one of the following methods:
    (A) Average peak penetration method means the method of determining 
test agent penetration into the respirator utilizing a strip chart 
recorder, integrator, or computer. The agent penetration is determined 
by an average of the peak heights on the graph or by computer 
integration, for each exercise except the grimace exercise. Integrators 
or computers that calculate the actual test agent penetration into the 
respirator for each exercise will also be considered to meet the 
requirements of the average peak penetration method.
    (B) Maximum peak penetration method means the method of determining 
test agent penetration in the respirator as determined by strip chart 
recordings of the test. The highest peak penetration for a given 
exercise is taken to be representative of average penetration into the 
respirator for that exercise.
    (C) Integration by calculation of the area under the individual peak 
for each exercise except the grimace exercise. This includes 
computerized integration.
    (D) The calculation of the overall fit factor using individual 
exercise fit factors involves first converting the exercise fit factors 
to penetration values, determining the average, and then converting that 
result back to a fit factor. This procedure is described in the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR08JA98.006

Where ff1, ff2, ff3, etc. are the fit 
          factors for exercises 1, 2, 3, etc.

    (9) The test subject shall not be permitted to wear a half mask or 
quarter facepiece respirator unless a minimum fit factor of 100 is 
obtained, or a full facepiece respirator unless a minimum fit factor of 
500 is obtained.
    (10) Filters used for quantitative fit testing shall be replaced 
whenever increased breathing resistance is encountered, or when the test 
agent has altered the integrity of the filter media.

 3. Ambient aerosol condensation nuclei counter (CNC) quantitative fit 
                            testing protocol.

    The ambient aerosol condensation nuclei counter (CNC) quantitative 
fit testing (PortaCount[supreg]) protocol quantitatively fit tests 
respirators with the use of a probe. The

[[Page 440]]

probed respirator is only used for quantitative fit tests. A probed 
respirator has a special sampling device, installed on the respirator, 
that allows the probe to sample the air from inside the mask. A probed 
respirator is required for each make, style, model, and size that the 
employer uses and can be obtained from the respirator manufacturer or 
distributor. The primary CNC instrument manufacturer, TSI Incorporated, 
also provides probe attachments (TSI mask sampling adapters) that permit 
fit testing in an employee's own respirator. A minimum fit factor pass 
level of at least 100 is necessary for a half-mask respirator 
(elastomeric or filtering facepiece), and a minimum fit factor pass 
level of at least 500 is required for a full-facepiece elastomeric 
respirator. The entire screening and testing procedure shall be 
explained to the test subject prior to the conduct of the screening 
test.
    (a) PortaCount[supreg] Fit Test Requirements. (1) Check the 
respirator to make sure the sampling probe and line are properly 
attached to the facepiece and that the respirator is fitted with a 
particulate filter capable of preventing significant penetration by the 
ambient particles used for the fit test (e.g., NIOSH 42 CFR 84 series 
100, series 99, or series 95 particulate filter) per manufacturer's 
instruction.
    (2) Instruct the person to be tested to don the respirator for five 
minutes before the fit test starts. This purges the ambient particles 
trapped inside the respirator and permits the wearer to make certain the 
respirator is comfortable. This individual shall already have been 
trained on how to wear the respirator properly.
    (3) Check the following conditions for the adequacy of the 
respirator fit: Chin properly placed; Adequate strap tension, not overly 
tightened; Fit across nose bridge; Respirator of proper size to span 
distance from nose to chin; Tendency of the respirator to slip; Self-
observation in a mirror to evaluate fit and respirator position.
    (4) Have the person wearing the respirator do a user seal check. If 
leakage is detected, determine the cause. If leakage is from a poorly 
fitting facepiece, try another size of the same model respirator, or 
another model of respirator.
    (5) Follow the manufacturer's instructions for operating the 
Portacount[supreg] and proceed with the test.
    (6) The test subject shall be instructed to perform the exercises in 
section I. A. 14. of this appendix.
    (7) After the test exercises, the test subject shall be questioned 
by the test conductor regarding the comfort of the respirator upon 
completion of the protocol. If it has become unacceptable, another model 
of respirator shall be tried.
    (b) PortaCount[supreg] Test Instrument.
    (1) The PortaCount[supreg] will automatically stop and calculate the 
overall fit factor for the entire set of exercises. The overall fit 
factor is what counts. The Pass or Fail message will indicate whether or 
not the test was successful. If the test was a Pass, the fit test is 
over.
    (2) Since the pass or fail criterion of the PortaCount[supreg] is 
user programmable, the test operator shall ensure that the pass or fail 
criterion meet the requirements for minimum respirator performance in 
this Appendix.
    (3) A record of the test needs to be kept on file, assuming the fit 
test was successful. The record must contain the test subject's name; 
overall fit factor; make, model, style, and size of respirator used; and 
date tested.

     4. Modified ambient aerosol condensation nuclei counter (CNC) 
   quantitative fit testing protocol for full-facepiece and half-mask 
                        elastomeric respirators.

    (a) When administering this protocol to test subjects, employers 
shall comply with the requirements specified in Part I.C.3 of this 
appendix (ambient aerosol condensation nuclei counter (CNC) quantitative 
fit testing protocol), except they shall use the test exercises 
described below in paragraph (b) of this protocol instead of the test 
exercises specified in section I.C.3(a)(6) of this appendix.
    (b) Employers shall ensure that each test subject being fit tested 
using this protocol follows the exercise and duration procedures, 
including the order of administration, described in Table A-1 of this 
appendix.

    Table A-1-- Modified Ambient Aerosal CNC Quantitative Fit Testing
    Protocol for Full Facepiece and Half-Mask Elastomeric Respirators
------------------------------------------------------------------------
                                                          Measurement
          Exercises \1\           Exercise procedure       procedure
------------------------------------------------------------------------
Bending Over....................  The test subject    A 20 second
                                   shall bend at the   ambient sample,
                                   waist, as if        followed by a 30
                                   going to touch      second mask
                                   his/her toes for    sample.
                                   50 seconds and
                                   inhale 2 times at
                                   the bottom \2\.
Jogging-in-Place................  The test subject    A 30 second mask
                                   shall jog in        sample.
                                   place comfortably
                                   for 30 seconds.
Head Side-to-Side...............  The test subject    A 30 second mask
                                   shall stand in      sample.
                                   place, slowly
                                   turning his/her
                                   head from side to
                                   side for 30
                                   seconds and
                                   inhale 2 times at
                                   each extreme \2\.

[[Page 441]]

 
Head Up-and-Down................  The test subject    A 30 second mask
                                   shall stand in      sample followed
                                   place, slowly       by a 9 second
                                   moving his/her      ambient sample.
                                   head up and down
                                   for 39 seconds
                                   and inhale 2
                                   times at each
                                   extreme \2\.
------------------------------------------------------------------------
\1\ Exercises are listed in the order in which they are to be
  administered.
\2\ It is optional for test subjects to take additional breaths at other
  times during this exercise.

     5. Modified ambient aerosol condensation nuclei counter (CNC) 
 quantitative fit testing protocol for filtering facepiece respirators.

    (a) When administering this protocol to test subjects, employers 
shall comply with the requirements specified in Part I.C.3 of this 
appendix (ambient aerosol condensation nuclei counter (CNC) quantitative 
fit testing protocol), except they shall use the test exercises 
described below in paragraph (b) of this protocol instead of the test 
exercises specified in section I.C.3(a)(6) of this appendix.
    (b) Employers shall ensure that each test subject being fit tested 
using this protocol follows the exercise and duration procedures, 
including the order of administration, described in Table A-2 of this 
appendix.

    Table A-2-- Modified Ambient Aerosal CNC Quantitative Fit Testing
              Protocol for Filtering Facepiece Respirators
------------------------------------------------------------------------
                                       Exercise           Measurement
          Exercises \1\                procedure           procedure
------------------------------------------------------------------------
Bending Over....................  The test subject    A 20 second
                                   shall bend at the   ambient sample,
                                   waist, as if        followed by a 30
                                   going to touch      second mask
                                   his/her toes for    sample.
                                   50 seconds and
                                   inhale 2 times at
                                   the bottom \2\.
Talking.........................  The test subject    A 30 second mask
                                   shall talk out      sample.
                                   loud slowly and
                                   loud enough so as
                                   to be heard
                                   clearly by the
                                   test conductor
                                   for 30 seconds.
                                   He/she will
                                   either read from
                                   a prepared text
                                   such as the
                                   Rainbow Passage,
                                   count backward
                                   from 100, or
                                   recite a
                                   memorized poem or
                                   song.
Head Side-to-Side...............  The test subject    A 30 second mask
                                   shall stand in      sample.
                                   place, slowly
                                   turning his/her
                                   head from side to
                                   side for 30
                                   seconds and
                                   inhale 2 times at
                                   each extreme \2\.
Head Up-and-Down................  The test subject    A 30 second mask
                                   shall stand in      sample followed
                                   place, slowly       by a 9 second
                                   moving his/her      ambient sample.
                                   head up and down
                                   for 39 seconds
                                   and inhale 2
                                   times at each
                                   extreme \2\.
------------------------------------------------------------------------
\1\ Exercises are listed in the order in which they are to be
  administered.
\2\ It is optional for test subjects to take additional breaths at other
  times during this exercise.

6. Controlled negative pressure (CNP) quantitative fit testing protocol.

    The CNP protocol provides an alternative to aerosol fit test 
methods. The CNP fit test method technology is based on exhausting air 
from a temporarily sealed respirator facepiece to generate and then 
maintain a constant negative pressure inside the facepiece. The rate of 
air exhaust is controlled so that a constant negative pressure is 
maintained in the respirator during the fit test. The level of pressure 
is selected to replicate the mean inspiratory pressure that causes 
leakage into the respirator under normal use conditions. With pressure 
held constant, air flow out of the respirator is equal to air flow into 
the respirator. Therefore, measurement of the exhaust stream that is 
required to hold the pressure in the temporarily sealed respirator 
constant yields a direct measure of leakage air flow into the 
respirator. The CNP fit test method measures leak rates through the 
facepiece as a method for determining the facepiece fit for negative 
pressure respirators. The CNP instrument manufacturer Occupational 
Health Dynamics of Birmingham, Alabama also provides attachments 
(sampling manifolds) that replace the filter cartridges to permit fit 
testing in an employee's own respirator. To perform the test, the test 
subject closes his or her mouth and holds his/her breath, after which an 
air pump removes air from the respirator facepiece at a pre-selected 
constant pressure. The facepiece fit is expressed as the leak rate 
through the facepiece, expressed as milliliters per minute. The quality 
and validity of the CNP fit tests are determined by the degree to which 
the in-mask pressure tracks the test pressure during the system 
measurement time of approximately five seconds. Instantaneous feedback 
in the form of a real-

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time pressure trace of the in-mask pressure is provided and used to 
determine test validity and quality. A minimum fit factor pass level of 
100 is necessary for a half-mask respirator and a minimum fit factor of 
at least 500 is required for a full facepiece respirator. The entire 
screening and testing procedure shall be explained to the test subject 
prior to the conduct of the screening test.
    (a) CNP Fit Test Requirements.
    (1) The instrument shall have a non-adjustable test pressure of 15.0 
mm water pressure.
    (2) The CNP system defaults selected for test pressure shall be set 
at -15 mm of water (-0.58 inches of water) and the modeled inspiratory 
flow rate shall be 53.8 liters per minute for performing fit tests.

    Note: CNP systems have built-in capability to conduct fit testing 
that is specific to unique work rate, mask, and gender situations that 
might apply in a specific workplace. Use of system default values, which 
were selected to represent respirator wear with medium cartridge 
resistance at a low-moderate work rate, will allow inter-test comparison 
of the respirator fit.)

    (3) The individual who conducts the CNP fit testing shall be 
thoroughly trained to perform the test.
    (4) The respirator filter or cartridge needs to be replaced with the 
CNP test manifold. The inhalation valve downstream from the manifold 
either needs to be temporarily removed or propped open.
    (5) The employer must train the test subject to hold his or her 
breath for at least 10 seconds.
    (6) The test subject must don the test respirator without any 
assistance from the test administrator who is conducting the CNP fit 
test. The respirator must not be adjusted once the fit-test exercises 
begin. Any adjustment voids the test, and the test subject must repeat 
the fit test.
    (7) The QNFT protocol shall be followed according to section I. C. 
1. of this appendix with an exception for the CNP test exercises.
    (b) CNP Test Exercises.
    (1) Normal breathing. In a normal standing position, without 
talking, the subject shall breathe normally for 1 minute. After the 
normal breathing exercise, the subject needs to hold head straight ahead 
and hold his or her breath for 10 seconds during the test measurement.
    (2) Deep breathing. In a normal standing position, the subject shall 
breathe slowly and deeply for 1 minute, being careful not to 
hyperventilate. After the deep breathing exercise, the subject shall 
hold his or her head straight ahead and hold his or her breath for 10 
seconds during test measurement.
    (3) Turning head side to side. Standing in place, the subject shall 
slowly turn his or her head from side to side between the extreme 
positions on each side for 1 minute. The head shall be held at each 
extreme momentarily so the subject can inhale at each side. After the 
turning head side to side exercise, the subject needs to hold head full 
left and hold his or her breath for 10 seconds during test measurement. 
Next, the subject needs to hold head full right and hold his or her 
breath for 10 seconds during test measurement.
    (4) Moving head up and down. Standing in place, the subject shall 
slowly move his or her head up and down for 1 minute. The subject shall 
be instructed to inhale in the up position (i.e., when looking toward 
the ceiling). After the moving head up and down exercise, the subject 
shall hold his or her head full up and hold his or her breath for 10 
seconds during test measurement. Next, the subject shall hold his or her 
head full down and hold his or her breath for 10 seconds during test 
measurement.
    (5) Talking. The subject shall talk out loud slowly and loud enough 
so as to be heard clearly by the test conductor. The subject can read 
from a prepared text such as the Rainbow Passage, count backward from 
100, or recite a memorized poem or song for 1 minute. After the talking 
exercise, the subject shall hold his or her head straight ahead and hold 
his or her breath for 10 seconds during the test measurement.
    (6) Grimace. The test subject shall grimace by smiling or frowning 
for 15 seconds.
    (7) Bending Over. The test subject shall bend at the waist as if he 
or she were to touch his or her toes for 1 minute. Jogging in place 
shall be substituted for this exercise in those test environments such 
as shroud-type QNFT units that prohibit bending at the waist. After the 
bending over exercise, the subject shall hold his or her head straight 
ahead and hold his or her breath for 10 seconds during the test 
measurement.
    (8) Normal Breathing. The test subject shall remove and re-don the 
respirator within a one-minute period. Then, in a normal standing 
position, without talking, the subject shall breathe normally for 1 
minute. After the normal breathing exercise, the subject shall hold his 
or her head straight ahead and hold his or her breath for 10 seconds 
during the test measurement. After the test exercises, the test subject 
shall be questioned by the test conductor regarding the comfort of the 
respirator upon completion of the protocol. If it has become 
unacceptable, another model of a respirator shall be tried.
    (c) CNP Test Instrument.
    (1) The test instrument must have an effective audio-warning device, 
or a visual-warning device in the form of a screen tracing, that 
indicates when the test subject fails to hold his or her breath during 
the test. The test must be terminated and restarted from the beginning 
when the test subject fails to hold his or her breath during the test. 
The

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test subject then may be refitted and retested.
    (2) A record of the test shall be kept on file, assuming the fit 
test was successful. The record must contain the test subject's name; 
overall fit factor; make, model, style and size of respirator used; and 
date tested.

  7. Controlled negative pressure (CNP) REDON quantitative fit testing 
                                protocol.

    (a) When administering this protocol to test subjects, employers 
must comply with the requirements specified in paragraphs (a) and (c) of 
part I.C.6 of this appendix (``Controlled negative pressure (CNP) 
quantitative fit testing protocol,'') as well as use the test exercises 
described below in paragraph (b) of this protocol instead of the test 
exercises specified in paragraph (b) of part I.C.6 of this appendix.
    (b) Employers must ensure that each test subject being fit tested 
using this protocol follows the exercise and measurement procedures, 
including the order of administration described in Table A-3 of this 
appendix.

         Table A-3--CNP REDON Quantitative Fit Testing Protocol
------------------------------------------------------------------------
                                                          Measurement
          Exercises \1\           Exercise procedure       procedure
------------------------------------------------------------------------
Facing Forward..................  Stand and breathe   Face forward,
                                   normally, without   while holding
                                   talking, for 30     breath for 10
                                   seconds.            seconds.
Bending Over....................  Bend at the waist,  Face parallel to
                                   as if going to      the floor, while
                                   touch his or her    holding breath
                                   toes, for 30        for 10 seconds
                                   seconds.
Head Shaking....................  For about three     Face forward,
                                   seconds, shake      while holding
                                   head back and       breath for 10
                                   forth vigorously    seconds
                                   several times
                                   while shouting.
REDON 1.........................  Remove the          Face forward,
                                   respirator mask,    while holding
                                   loosen all          breath for 10
                                   facepiece straps,   seconds.
                                   and then redon
                                   the respirator
                                   mask.
REDON 2.........................  Remove the          Face forward,
                                   respirator mask,    while holding
                                   loosen all          breath for 10
                                   facepiece straps,   seconds.
                                   and then redon
                                   the respirator
                                   mask again.
------------------------------------------------------------------------
\1\ Exercises are listed in the order in which they are to be
  administered.

    (c) After completing the test exercises, the test administrator must 
question each test subject regarding the comfort of the respirator. When 
a test subject states that the respirator is unacceptable, the employer 
must ensure that the test administrator repeats the protocol using 
another respirator model.
    (d) Employers must determine the overall fit factor for each test 
subject by calculating the harmonic mean of the fit testing exercises as 
follows:
[GRAPHIC] [TIFF OMITTED] TR04AU04.001

Where:

N = The number of exercises;
FF1 = The fit factor for the first exercise;
FF2 = The fit factor for the second exercise; and
FFN = The fit factor for the nth exercise.

                     Part II. New Fit Test Protocols

    A. Any person may submit to OSHA an application for approval of a 
new fit test protocol. If the application meets the following criteria, 
OSHA will initiate a rulemaking proceeding under section 6(b)(7) of the 
OSH Act to determine whether to list the new protocol as an approved 
protocol in this appendix A.
    B. The application must include a detailed description of the 
proposed new fit test protocol. This application must be supported by 
either:
    1. A test report prepared by an independent government research 
laboratory (e.g., Lawrence Livermore National Laboratory, Los Alamos 
National Laboratory, the National Institute for Standards and 
Technology) stating that the laboratory has tested the protocol and had 
found it to be accurate and reliable; or
    2. An article that has been published in a peer-reviewed industrial 
hygiene journal describing the protocol and explaining how test data 
support the protocol's accuracy and reliability.
    C. If OSHA determines that additional information is required before 
the Agency commences a rulemaking proceeding under this section, OSHA 
will so notify the applicant and afford the applicant the opportunity to 
submit the supplemental information. Initiation of a rulemaking 
proceeding will be deferred until OSHA has received and evaluated the 
supplemental information.

 Appendix B-1 to Sec.  1910.134: User Seal Check Procedures (Mandatory)

    The individual who uses a tight-fitting respirator is to perform a 
user seal check to ensure that an adequate seal is achieved each time 
the respirator is put on. Either the positive and negative pressure 
checks listed in this appendix, or the respirator manufacturer's 
recommended user seal check method shall be used. User seal checks are 
not substitutes for qualitative or quantitative fit tests.

[[Page 444]]

          I. Facepiece Positive and/or Negative Pressure Checks

    A. Positive pressure check. Close off the exhalation valve and 
exhale gently into the facepiece. The face fit is considered 
satisfactory if a slight positive pressure can be built up inside the 
facepiece without any evidence of outward leakage of air at the seal. 
For most respirators this method of leak testing requires the wearer to 
first remove the exhalation valve cover before closing off the 
exhalation valve and then carefully replacing it after the test.
    B. Negative pressure check. Close off the inlet opening of the 
canister or cartridge(s) by covering with the palm of the hand(s) or by 
replacing the filter seal(s), inhale gently so that the facepiece 
collapses slightly, and hold the breath for ten seconds. The design of 
the inlet opening of some cartridges cannot be effectively covered with 
the palm of the hand. The test can be performed by covering the inlet 
opening of the cartridge with a thin latex or nitrile glove. If the 
facepiece remains in its slightly collapsed condition and no inward 
leakage of air is detected, the tightness of the respirator is 
considered satisfactory.

        II. Manufacturer's Recommended User Seal Check Procedures

    The respirator manufacturer's recommended procedures for performing 
a user seal check may be used instead of the positive and/or negative 
pressure check procedures provided that the employer demonstrates that 
the manufacturer's procedures are equally effective.

     Appendix B-2 to Sec.  1910.134: Respirator Cleaning Procedures 
                               (Mandatory)

    These procedures are provided for employer use when cleaning 
respirators. They are general in nature, and the employer as an 
alternative may use the cleaning recommendations provided by the 
manufacturer of the respirators used by their employees, provided such 
procedures are as effective as those listed here in appendix B-2. 
Equivalent effectiveness simply means that the procedures used must 
accomplish the objectives set forth in appendix B-2, i.e., must ensure 
that the respirator is properly cleaned and disinfected in a manner that 
prevents damage to the respirator and does not cause harm to the user.

                 I. Procedures for Cleaning Respirators

    A. Remove filters, cartridges, or canisters. Disassemble facepieces 
by removing speaking diaphragms, demand and pressure-demand valve 
assemblies, hoses, or any components recommended by the manufacturer. 
Discard or repair any defective parts.
    B. Wash components in warm (43 [deg]C [110 [deg]F] maximum) water 
with a mild detergent or with a cleaner recommended by the manufacturer. 
A stiff bristle (not wire) brush may be used to facilitate the removal 
of dirt.
    C. Rinse components thoroughly in clean, warm (43 [deg]C [110 
[deg]F] maximum), preferably running water. Drain.
    D. When the cleaner used does not contain a disinfecting agent, 
respirator components should be immersed for two minutes in one of the 
following:
    1. Hypochlorite solution (50 ppm of chlorine) made by adding 
approximately one milliliter of laundry bleach to one liter of water at 
43 [deg]C (110 [deg]F); or,
    2. Aqueous solution of iodine (50 ppm iodine) made by adding 
approximately 0.8 milliliters of tincture of iodine (6-8 grams ammonium 
and/or potassium iodide/100 cc of 45% alcohol) to one liter of water at 
43 [deg]C (110 [deg]F); or,
    3. Other commercially available cleansers of equivalent disinfectant 
quality when used as directed, if their use is recommended or approved 
by the respirator manufacturer.
    E. Rinse components thoroughly in clean, warm (43 [deg]C [110 
[deg]F] maximum), preferably running water. Drain. The importance of 
thorough rinsing cannot be overemphasized. Detergents or disinfectants 
that dry on facepieces may result in dermatitis. In addition, some 
disinfectants may cause deterioration of rubber or corrosion of metal 
parts if not completely removed.
    F. Components should be hand-dried with a clean lint-free cloth or 
air-dried.
    G. Reassemble facepiece, replacing filters, cartridges, and 
canisters where necessary.
    H. Test the respirator to ensure that all components work properly.

    Appendix C to Sec.  1910.134: OSHA Respirator Medical Evaluation 
                        Questionnaire (Mandatory)

    To the employer: Answers to questions in Section 1, and to question 
9 in Section 2 of part A, do not require a medical examination.
    To the employee:
    Your employer must allow you to answer this questionnaire during 
normal working hours, or at a time and place that is convenient to you. 
To maintain your confidentiality, your employer or supervisor must not 
look at or review your answers, and your employer must tell you how to 
deliver or send this questionnaire to the health care professional who 
will review it.
    Part A. Section 1. (Mandatory) The following information must be 
provided by every employee who has been selected to use any type of 
respirator (please print).

1. Today's date:________________________________________________________

2. Your name:___________________________________________________________

3. Your age (to nearest year):__________________________________________

4. Sex (circle one): Male/Female


[[Page 445]]


5. Your height: __ ft. __ in.

6. Your weight: __ lbs.

7. Your job title:______________________________________________________
8. A phone number where you can be reached by the health care 
professional who reviews this questionnaire (include the Area Code): ___

9. The best time to phone you at this number: __
10. Has your employer told you how to contact the health care 
professional who will review this questionnaire (circle one): Yes/No
11. Check the type of respirator you will use (you can check more than 
one category):

    a. __ N, R, or P disposable respirator (filter-mask, non-cartridge 
type only).
    b. __ Other type (for example, half- or full-facepiece type, 
powered-air purifying, supplied-air, self-contained breathing 
apparatus).

12. Have you worn a respirator (circle one): Yes/No

7 If ``yes,'' what type(s):_____________________________________________

________________________________________________________________________

    Part A. Section 2. (Mandatory) Questions 1 through 9 below must be 
answered by every employee who has been selected to use any type of 
respirator (please circle ``yes'' or ``no'').

1. Do you currently smoke tobacco, or have you smoked tobacco in the 
          last month: Yes/No
2. Have you ever had any of the following conditions?
    a. Seizures: Yes/No
    b. Diabetes (sugar disease): Yes/No
    c. Allergic reactions that interfere with your breathing: Yes/No
    d. Claustrophobia (fear of closed-in places): Yes/No
    e. Trouble smelling odors: Yes/No
3. Have you ever had any of the following pulmonary or lung problems?
    a. Asbestosis: Yes/No
    b. Asthma: Yes/No
    c. Chronic bronchitis: Yes/No
    d. Emphysema: Yes/No
    e. Pneumonia: Yes/No
    f. Tuberculosis: Yes/No
    g. Silicosis: Yes/No
    h. Pneumothorax (collapsed lung): Yes/No
    i. Lung cancer: Yes/No
    j. Broken ribs: Yes/No
    k. Any chest injuries or surgeries: Yes/No
    l. Any other lung problem that you've been told about: Yes/No
4. Do you currently have any of the following symptoms of pulmonary or 
          lung illness?
    a. Shortness of breath: Yes/No
    b. Shortness of breath when walking fast on level ground or walking 
up a slight hill or incline: Yes/No
    c. Shortness of breath when walking with other people at an ordinary 
pace on level ground: Yes/No
    d. Have to stop for breath when walking at your own pace on level 
ground: Yes/No
    e. Shortness of breath when washing or dressing yourself: Yes/No
    f. Shortness of breath that interferes with your job: Yes/No
    g. Coughing that produces phlegm (thick sputum): Yes/No
    h. Coughing that wakes you early in the morning: Yes/No
    i. Coughing that occurs mostly when you are lying down: Yes/No
    j. Coughing up blood in the last month: Yes/No
    k. Wheezing: Yes/No
    l. Wheezing that interferes with your job: Yes/No
    m. Chest pain when you breathe deeply: Yes/No
    n. Any other symptoms that you think may be related to lung 
problems: Yes/No
5. Have you ever had any of the following cardiovascular or heart 
          problems?
    a. Heart attack: Yes/No
    b. Stroke: Yes/No
    c. Angina: Yes/No
    d. Heart failure: Yes/No
    e. Swelling in your legs or feet (not caused by walking): Yes/No
    f. Heart arrhythmia (heart beating irregularly): Yes/No
    g. High blood pressure: Yes/No
    h. Any other heart problem that you've been told about: Yes/No
6. Have you ever had any of the following cardiovascular or heart 
          symptoms?
    a. Frequent pain or tightness in your chest: Yes/No
    b. Pain or tightness in your chest during physical activity: Yes/No
    c. Pain or tightness in your chest that interferes with your job: 
Yes/No
    d. In the past two years, have you noticed your heart skipping or 
missing a beat: Yes/No
    e. Heartburn or indigestion that is not related to eating: Yes/No
    f. Any other symptoms that you think may be related to heart or 
circulation problems: Yes/No
7. Do you currently take medication for any of the following problems?
    a. Breathing or lung problems: Yes/No
    b. Heart trouble: Yes/No
    c. Blood pressure: Yes/No
    d. Seizures: Yes/No
8. If you've used a respirator, have you ever had any of the following 
          problems? (If you've never used a respirator, check the 
          following space and go to question 9:)
    a. Eye irritation: Yes/No
    b. Skin allergies or rashes: Yes/No
    c. Anxiety: Yes/No
    d. General weakness or fatigue: Yes/No

[[Page 446]]

    e. Any other problem that interferes with your use of a respirator: 
Yes/No
9. Would you like to talk to the health care professional who will 
          review this questionnaire about your answers to this 
          questionnaire: Yes/No

    Questions 10 to 15 below must be answered by every employee who has 
been selected to use either a full-facepiece respirator or a self-
contained breathing apparatus (SCBA). For employees who have been 
selected to use other types of respirators, answering these questions is 
voluntary.

10. Have you ever lost vision in either eye (temporarily or 
          permanently): Yes/No
11. Do you currently have any of the following vision problems?
    a. Wear contact lenses: Yes/No
    b. Wear glasses: Yes/No
    c. Color blind: Yes/No
    d. Any other eye or vision problem: Yes/No
12. Have you ever had an injury to your ears, including a broken ear 
          drum: Yes/No
13. Do you currently have any of the following hearing problems?
    a. Difficulty hearing: Yes/No
    b. Wear a hearing aid: Yes/No
    c. Any other hearing or ear problem: Yes/No
14. Have you ever had a back injury: Yes/No
15. Do you currently have any of the following musculoskeletal problems?
    a. Weakness in any of your arms, hands, legs, or feet: Yes/No
    b. Back pain: Yes/No
    c. Difficulty fully moving your arms and legs: Yes/No
    d. Pain or stiffness when you lean forward or backward at the waist: 
Yes/No
    e. Difficulty fully moving your head up or down: Yes/No
    f. Difficulty fully moving your head side to side: Yes/No
    g. Difficulty bending at your knees: Yes/No
    h. Difficulty squatting to the ground: Yes/No
    i. Climbing a flight of stairs or a ladder carrying more than 25 
lbs: Yes/No
    j. Any other muscle or skeletal problem that interferes with using a 
respirator: Yes/No

    Part B Any of the following questions, and other questions not 
listed, may be added to the questionnaire at the discretion of the 
health care professional who will review the questionnaire.

1. In your present job, are you working at high altitudes (over 5,000 
          feet) or in a place that has lower than normal amounts of 
          oxygen: Yes/No
    If ``yes,'' do you have feelings of dizziness, shortness of breath, 
pounding in your chest, or other symptoms when you're working under 
these conditions: Yes/No
2. At work or at home, have you ever been exposed to hazardous solvents, 
          hazardous airborne chemicals (e.g., gases, fumes, or dust), or 
          have you come into skin contact with hazardous chemicals: Yes/
          No

 If ``yes,'' name the chemicals if you know them:_______________________

3. Have you ever worked with any of the materials, or under any of the 
          conditions, listed below:
    a. Asbestos: Yes/No
    b. Silica (e.g., in sandblasting): Yes/No
    c. Tungsten/cobalt (e.g., grinding or welding this material): Yes/No
    d. Beryllium: Yes/No
    e. Aluminum: Yes/No
    f. Coal (for example, mining): Yes/No
    g. Iron: Yes/No
    h. Tin: Yes/No
    i. Dusty environments: Yes/No
    j. Any other hazardous exposures: Yes/No

 If ``yes,'' describe these exposures:__________________________________

________________________________________________________________________

4. List any second jobs or side businesses you have:____________________

________________________________________________________________________

5. List your previous occupations:______________________________________

________________________________________________________________________

6. List your current and previous hobbies:______________________________

________________________________________________________________________

7. Have you been in the military services? Yes/No
    If ``yes,'' were you exposed to biological or chemical agents 
(either in training or combat): Yes/No
8. Have you ever worked on a HAZMAT team? Yes/No
9. Other than medications for breathing and lung problems, heart 
          trouble, blood pressure, and seizures mentioned earlier in 
          this questionnaire, are you taking any other medications for 
          any reason (including over-the-counter medications): Yes/No

 If ``yes,'' name the medications if you know them:_____________________

10. Will you be using any of the following items with your 
          respirator(s)?
    a. HEPA Filters: Yes/No
    b. Canisters (for example, gas masks): Yes/No
    c. Cartridges: Yes/No
11. How often are you expected to use the respirator(s) (circle ``yes'' 
          or ``no'' for all answers that apply to you)?:
    a. Escape only (no rescue): Yes/No
    b. Emergency rescue only: Yes/No
    c. Less than 5 hours per week: Yes/No
    d. Less than 2 hours per day: Yes/No
    e. 2 to 4 hours per day: Yes/No
    f. Over 4 hours per day: Yes/No
12. During the period you are using the respirator(s), is your work 
          effort:
    a. Light (less than 200 kcal per hour): Yes/No


[[Page 447]]


If ``yes,'' how long does this period last during the average 
          shift:______hrs.______mins.

    Examples of a light work effort are sitting while writing, typing, 
drafting, or performing light assembly work; or standing while operating 
a drill press (1-3 lbs.) or controlling machines.

    b. Moderate (200 to 350 kcal per hour): Yes/No

    If ``yes,'' how long does this period last during the average 
shift:______hrs.______mins.

    Examples of moderate work effort are sitting while nailing or 
filing; driving a truck or bus in urban traffic; standing while 
drilling, nailing, performing assembly work, or transferring a moderate 
load (about 35 lbs.) at trunk level; walking on a level surface about 2 
mph or down a 5-degree grade about 3 mph; or pushing a wheelbarrow with 
a heavy load (about 100 lbs.) on a level surface.

    c. Heavy (above 350 kcal per hour): Yes/No

    If ``yes,'' how long does this period last during the average 
shift:______hrs.______mins.

    Examples of heavy work are lifting a heavy load (about 50 lbs.) from 
the floor to your waist or shoulder; working on a loading dock; 
shoveling; standing while bricklaying or chipping castings; walking up 
an 8-degree grade about 2 mph; climbing stairs with a heavy load (about 
50 lbs.).

13. Will you be wearing protective clothing and/or equipment (other than 
          the respirator) when you're using your respirator: Yes/No
 If ``yes,'' describe this protective clothing and/or equipment:________

________________________________________________________________________

14. Will you be working under hot conditions (temperature exceeding 77 
          [deg]F): Yes/No
15. Will you be working under humid conditions: Yes/No
16. Describe the work you'll be doing while you're using your 
          respirator(s):

________________________________________________________________________

________________________________________________________________________

17. Describe any special or hazardous conditions you might encounter 
          when you're using your respirator(s) (for example, confined 
          spaces, life-threatening gases):

________________________________________________________________________

________________________________________________________________________

18. Provide the following information, if you know it, for each toxic 
          substance that you'll be exposed to when you're using your 
          respirator(s):

 Name of the first toxic substance:_____________________________________

 Estimated maximum exposure level per shift:____________________________

 Duration of exposure per shift_________________________________________

 Name of the second toxic substance:____________________________________

 Estimated maximum exposure level per shift:____________________________

 Duration of exposure per shift:________________________________________

 Name of the third toxic substance:_____________________________________

 Estimated maximum exposure level per shift:____________________________

 Duration of exposure per shift:________________________________________

    The name of any other toxic substances that you'll be exposed to 
while using your respirator:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

19. Describe any special responsibilities you'll have while using your 
          respirator(s) that may affect the safety and well-being of 
          others (for example, rescue, security):

________________________________________________________________________

Appendix D to Sec.  1910.134 (Mandatory) Information for Employees Using 
            Respirators When Not Required Under the Standard

    Respirators are an effective method of protection against designated 
hazards when properly selected and worn. Respirator use is encouraged, 
even when exposures are below the exposure limit, to provide an 
additional level of comfort and protection for workers. However, if a 
respirator is used improperly or not kept clean, the respirator itself 
can become a hazard to the worker. Sometimes, workers may wear 
respirators to avoid exposures to hazards, even if the amount of 
hazardous substance does not exceed the limits set by OSHA standards. If 
your employer provides respirators for your voluntary use, or if you 
provide your own respirator, you need to take certain precautions to be 
sure that the respirator itself does not present a hazard.
    You should do the following:
    1. Read and heed all instructions provided by the manufacturer on 
use, maintenance, cleaning and care, and warnings regarding the 
respirators limitations.
    2. Choose respirators certified for use to protect against the 
contaminant of concern. NIOSH, the National Institute for Occupational 
Safety and Health of the U.S. Department of Health and Human Services, 
certifies respirators. A label or statement of certification should 
appear on the respirator or respirator packaging. It will tell you what 
the respirator is designed for and how much it will protect you.
    3. Do not wear your respirator into atmospheres containing 
contaminants for which your respirator is not designed to protect 
against. For example, a respirator designed to filter dust particles 
will not protect you against gases, vapors, or very small solid 
particles of fumes or smoke.

[[Page 448]]

    4. Keep track of your respirator so that you do not mistakenly use 
someone else's respirator.

[63 FR 1270, Jan. 8, 1998; 63 FR 20098, 20099, Apr. 23, 1998, as amended 
at 69 FR 46993, Aug. 4, 2004; 71 FR 16672, Apr. 3, 2006; 71 FR 50187, 
Aug. 24, 2006; 73 FR 75584, Dec. 12, 2008; 76 FR 33607, June 8, 2011; 77 
FR 46949, Aug. 7, 2012; 84 FR 50755, Sept. 26, 2019]



Sec.  1910.135  Head protection.

    (a) General requirements. (1) The employer shall ensure that each 
affected employee wears a protective helmet when working in areas where 
there is a potential for injury to the head from falling objects.
    (2) The employer shall ensure that a protective helmet designed to 
reduce electrical shock hazard is worn by each such affected employee 
when near exposed electrical conductors which could contact the head.
    (b) Criteria for head protection. (1) Head protection must comply 
with any of the following consensus standards:
    (i) American National Standards Institute (ANSI) Z89.1-2009, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1910.6;
    (ii) American National Standards Institute (ANSI) Z89.1-2003, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1910.6; or
    (iii) American National Standards Institute (ANSI) Z89.1-1997, 
``American National Standard for Personnel Protection--Protective 
Headwear for Industrial Workers--Requirements,'' incorporated by 
reference in Sec.  1910.6.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head protection devices that are constructed in 
accordance with one of the above consensus standards will be deemed to 
be in compliance with the requirements of this section.

[59 FR 16362, Apr. 6, 1994, as amended at 61 FR 9238, Mar. 7, 1996; 61 
FR 19548, May 2, 1996; 74 FR 46356, Sept. 9, 2009; 77 FR 37598, June 22, 
2012]



Sec.  1910.136  Foot protection.

    (a) General requirements. The employer shall ensure that each 
affected employee uses protective footwear when working in areas where 
there is a danger of foot injuries due to falling or rolling objects, or 
objects piercing the sole, or when the use of protective footwear will 
protect the affected employee from an electrical hazard, such as a 
static-discharge or electric-shock hazard, that remains after the 
employer takes other necessary protective measures.
    (b) Criteria for protective footwear. (1) Protective footwear must 
comply with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,'' 
and ASTM F-2413-2005, ``Standard Specification for Performance 
Requirements for Protective Footwear,'' which are incorporated by 
reference in Sec.  1910.6;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1910.6; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1910.6.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

[59 FR 16362, Apr. 6, 1994; 59 FR 33911, July 1, 1994, as amended at 61 
FR 9238, Mar. 7, 1996; 61 FR 19548, May 2, 1996; 61 FR 21228, May 9, 
1996; 74 FR 46356, Sept. 9, 2009; 79 FR 20629, Apr. 11, 2014]



Sec.  1910.137  Electrical protective equipment.

    (a) Design requirements for specific types of electrical protective 
equipment. Rubber insulating blankets, rubber insulating matting, rubber 
insulating covers, rubber insulating line hose, rubber insulating 
gloves, and rubber insulating sleeves shall meet the following 
requirements:
    (1) Manufacture and marking of rubber insulating equipment. (i) 
Blankets, gloves, and sleeves shall be produced by a seamless process.
    (ii) Each item shall be clearly marked as follows:
    (A) Class 00 equipment shall be marked Class 00.

[[Page 449]]

    (B) Class 0 equipment shall be marked Class 0.
    (C) Class 1 equipment shall be marked Class 1.
    (D) Class 2 equipment shall be marked Class 2.
    (E) Class 3 equipment shall be marked Class 3.
    (F) Class 4 equipment shall be marked Class 4.
    (G) Nonozone-resistant equipment shall be marked Type I.
    (H) Ozone-resistant equipment shall be marked Type II.
    (I) Other relevant markings, such as the manufacturer's 
identification and the size of the equipment, may also be provided.
    (iii) Markings shall be nonconducting and shall be applied in such a 
manner as not to impair the insulating qualities of the equipment.
    (iv) Markings on gloves shall be confined to the cuff portion of the 
glove.
    (2) Electrical requirements. (i) Equipment shall be capable of 
withstanding the ac proof-test voltage specified in Table I-1 or the dc 
proof-test voltage specified in Table I-2.
    (A) The proof test shall reliably indicate that the equipment can 
withstand the voltage involved.
    (B) The test voltage shall be applied continuously for 3 minutes for 
equipment other than matting and shall be applied continuously for 1 
minute for matting.
    (C) Gloves shall also be capable of separately withstanding the ac 
proof-test voltage specified in Table I-1 after a 16-hour water soak. 
(See the note following paragraph (a)(3)(ii)(B) of this section.)
    (ii) When the ac proof test is used on gloves, the 60-hertz proof-
test current may not exceed the values specified in Table I-1 at any 
time during the test period.
    (A) If the ac proof test is made at a frequency other than 60 hertz, 
the permissible proof-test current shall be computed from the direct 
ratio of the frequencies.
    (B) For the test, gloves (right side out) shall be filled with tap 
water and immersed in water to a depth that is in accordance with Table 
I-3. Water shall be added to or removed from the glove, as necessary, so 
that the water level is the same inside and outside the glove.
    (C) After the 16-hour water soak specified in paragraph (a)(2)(i)(C) 
of this section, the 60-hertz proof-test current may not exceed the 
values given in Table I-1 by more than 2 milliamperes.
    (iii) Equipment that has been subjected to a minimum breakdown 
voltage test may not be used for electrical protection. (See the note 
following paragraph (a)(3)(ii)(B) of this section.)
    (iv) Material used for Type II insulating equipment shall be capable 
of withstanding an ozone test, with no visible effects. The ozone test 
shall reliably indicate that the material will resist ozone exposure in 
actual use. Any visible signs of ozone deterioration of the material, 
such as checking, cracking, breaks, or pitting, is evidence of failure 
to meet the requirements for ozone-resistant material. (See the note 
following paragraph (a)(3)(ii)(B) of this section.)
    (3) Workmanship and finish. (i) Equipment shall be free of physical 
irregularities that can adversely affect the insulating properties of 
the equipment and that can be detected by the tests or inspections 
required under this section.
    (ii) Surface irregularities that may be present on all rubber goods 
(because of imperfections on forms or molds or because of inherent 
difficulties in the manufacturing process) and that may appear as 
indentations, protuberances, or imbedded foreign material are acceptable 
under the following conditions:
    (A) The indentation or protuberance blends into a smooth slope when 
the material is stretched.
    (B) Foreign material remains in place when the insulating material 
is folded and stretches with the insulating material surrounding it.

    Note to paragraph (a): Rubber insulating equipment meeting the 
following national consensus standards is deemed to be in compliance 
with the performance requirements of paragraph (a) of this section:
    American Society for Testing and Materials (ASTM) D120-09, Standard 
Specification for Rubber Insulating Gloves.
    ASTM D178-01 (2010), Standard Specification for Rubber Insulating 
Matting.
    ASTM D1048-12, Standard Specification for Rubber Insulating 
Blankets.

[[Page 450]]

    ASTM D1049-98 (2010), Standard Specification for Rubber Insulating 
Covers.
    ASTM D1050-05 (2011), Standard Specification for Rubber Insulating 
Line Hose.
    ASTM D1051-08, Standard Specification for Rubber Insulating Sleeves.
    The preceding standards also contain specifications for conducting 
the various tests required in paragraph (a) of this section. For 
example, the ac and dc proof tests, the breakdown test, the water-soak 
procedure, and the ozone test mentioned in this paragraph are described 
in detail in these ASTM standards.
    ASTM F1236-96 (2012), Standard Guide for Visual Inspection of 
Electrical Protective Rubber Products, presents methods and techniques 
for the visual inspection of electrical protective equipment made of 
rubber. This guide also contains descriptions and photographs of 
irregularities that can be found in this equipment.
    ASTM F819-10, Standard Terminology Relating to Electrical Protective 
Equipment for Workers, includes definitions of terms relating to the 
electrical protective equipment covered under this section.

    (b) Design requirements for other types of electrical protective 
equipment. The following requirements apply to the design and 
manufacture of electrical protective equipment that is not covered by 
paragraph (a) of this section:
    (1) Voltage withstand. Insulating equipment used for the protection 
of employees shall be capable of withstanding, without failure, the 
voltages that may be imposed upon it.

    Note to paragraph (b)(1): These voltages include transient 
overvoltages, such as switching surges, as well as nominal line voltage. 
See appendix B to Sec.  1910.269 for a discussion of transient 
overvoltages on electric power transmission and distribution systems. 
See IEEE Std 516-2009, IEEE Guide for Maintenance Methods on Energized 
Power Lines, for methods of determining the magnitude of transient 
overvoltages on an electrical system and for a discussion comparing the 
ability of insulation equipment to withstand a transient overvoltage 
based on its ability to withstand ac voltage testing.

    (2) Equipment current. (i) Protective equipment used for the primary 
insulation of employees from energized circuit parts shall be capable of 
passing a current test when subjected to the highest nominal voltage on 
which the equipment is to be used.
    (ii) When insulating equipment is tested in accordance with 
paragraph (b)(2)(i) of this section, the equipment current may not 
exceed 1 microampere per kilovolt of phase-to-phase applied voltage.

    Note 1 to paragraph (b)(2): This paragraph applies to equipment that 
provides primary insulation of employees from energized parts. It does 
not apply to equipment used for secondary insulation or equipment used 
for brush contact only.
    Note 2 to paragraph (b)(2): For ac excitation, this current consists 
of three components: Capacitive current because of the dielectric 
properties of the insulating material itself; conduction current through 
the volume of the insulating equipment; and leakage current along the 
surface of the tool or equipment. The conduction current is normally 
negligible. For clean, dry insulating equipment, the leakage current is 
small, and the capacitive current predominates.
    Note to paragraph (b): Plastic guard equipment is deemed to conform 
to the performance requirements of paragraph (b) of this section if it 
meets, and is used in accordance with, ASTM F712-06 (2011), Standard 
Test Methods and Specifications for Electrically Insulating Plastic 
Guard Equipment for Protection of Workers.

    (c) In-service care and use of electrical protective equipment--(1) 
General. Electrical protective equipment shall be maintained in a safe, 
reliable condition.
    (2) Specific requirements. The following specific requirements apply 
to rubber insulating blankets, rubber insulating covers, rubber 
insulating line hose, rubber insulating gloves, and rubber insulating 
sleeves:
    (i) Maximum use voltages shall conform to those listed in Table I-4.
    (ii) Insulating equipment shall be inspected for damage before each 
day's use and immediately following any incident that can reasonably be 
suspected of causing damage. Insulating gloves shall be given an air 
test, along with the inspection.

    Note to paragraph (c)(2)(ii): ASTM F1236-96 (2012), Standard Guide 
for Visual Inspection of Electrical Protective Rubber Products, presents 
methods and techniques for the visual inspection of electrical 
protective equipment made of rubber. This guide also contains 
descriptions and photographs of irregularities that can be found in this 
equipment.

    (iii) Insulating equipment with any of the following defects may not 
be used:
    (A) A hole, tear, puncture, or cut;

[[Page 451]]

    (B) Ozone cutting or ozone checking (that is, a series of 
interlacing cracks produced by ozone on rubber under mechanical stress);
    (C) An embedded foreign object;
    (D) Any of the following texture changes: swelling, softening, 
hardening, or becoming sticky or inelastic.
    (E) Any other defect that damages the insulating properties.
    (iv) Insulating equipment found to have other defects that might 
affect its insulating properties shall be removed from service and 
returned for testing under paragraphs (c)(2)(viii) and (c)(2)(ix) of 
this section.
    (v) Insulating equipment shall be cleaned as needed to remove 
foreign substances.
    (vi) Insulating equipment shall be stored in such a location and in 
such a manner as to protect it from light, temperature extremes, 
excessive humidity, ozone, and other damaging substances and conditions.
    (vii) Protector gloves shall be worn over insulating gloves, except 
as follows:
    (A) Protector gloves need not be used with Class 0 gloves, under 
limited-use conditions, when small equipment and parts manipulation 
necessitate unusually high finger dexterity.

    Note to paragraph (c)(2)(vii)(A): Persons inspecting rubber 
insulating gloves used under these conditions need to take extra care in 
visually examining them. Employees using rubber insulating gloves under 
these conditions need to take extra care to avoid handling sharp 
objects.

    (B) If the voltage does not exceed 250 volts, ac, or 375 volts, dc, 
protector gloves need not be used with Class 00 gloves, under limited-
use conditions, when small equipment and parts manipulation necessitate 
unusually high finger dexterity.

    Note to paragraph (c)(2)(vii)(B): Persons inspecting rubber 
insulating gloves used under these conditions need to take extra care in 
visually examining them. Employees using rubber insulating gloves under 
these conditions need to take extra care to avoid handling sharp 
objects.

    (C) Any other class of glove may be used without protector gloves, 
under limited-use conditions, when small equipment and parts 
manipulation necessitate unusually high finger dexterity but only if the 
employer can demonstrate that the possibility of physical damage to the 
gloves is small and if the class of glove is one class higher than that 
required for the voltage involved.
    (D) Insulating gloves that have been used without protector gloves 
may not be reused until they have been tested under the provisions of 
paragraphs (c)(2)(viii) and (c)(2)(ix) of this section.
    (viii) Electrical protective equipment shall be subjected to 
periodic electrical tests. Test voltages and the maximum intervals 
between tests shall be in accordance with Table I-4 and Table I-5.
    (ix) The test method used under paragraphs (c)(2)(viii) and 
(c)(2)(xi) of this section shall reliably indicate whether the 
insulating equipment can withstand the voltages involved.

    Note to paragraph (c)(2)(ix): Standard electrical test methods 
considered as meeting this paragraph are given in the following national 
consensus standards:
    ASTM D120-09, Standard Specification for Rubber Insulating Gloves.
    ASTM D178-01 (2010), Standard Specification for Rubber Insulating 
Matting.
    ASTM D1048-12, Standard Specification for Rubber Insulating 
Blankets.
    ASTM D1049-98 (2010), Standard Specification for Rubber Insulating 
Covers.
    ASTM D1050-05 (2011), Standard Specification for Rubber Insulating 
Line Hose.
    ASTM D1051-08, Standard Specification for Rubber Insulating Sleeves.
    ASTM F478-09, Standard Specification for In-Service Care of 
Insulating Line Hose and Covers.
    ASTM F479-06 (2011), Standard Specification for In-Service Care of 
Insulating Blankets.
    ASTM F496-08, Standard Specification for In-Service Care of 
Insulating Gloves and Sleeves.

    (x) Insulating equipment failing to pass inspections or electrical 
tests may not be used by employees, except as follows:
    (A) Rubber insulating line hose may be used in shorter lengths with 
the defective portion cut off.
    (B) Rubber insulating blankets may be salvaged by severing the 
defective area from the undamaged portion of the blanket. The resulting 
undamaged area may not be smaller than 560 millimeters by 560 
millimeters (22 inches by 22 inches) for Class 1, 2, 3, and 4 blankets.
    (C) Rubber insulating blankets may be repaired using a compatible 
patch

[[Page 452]]

that results in physical and electrical properties equal to those of the 
blanket.
    (D) Rubber insulating gloves and sleeves with minor physical 
defects, such as small cuts, tears, or punctures, may be repaired by the 
application of a compatible patch. Also, rubber insulating gloves and 
sleeves with minor surface blemishes may be repaired with a compatible 
liquid compound. The repaired area shall have electrical and physical 
properties equal to those of the surrounding material. Repairs to gloves 
are permitted only in the area between the wrist and the reinforced edge 
of the opening.
    (xi) Repaired insulating equipment shall be retested before it may 
be used by employees.
    (xii) The employer shall certify that equipment has been tested in 
accordance with the requirements of paragraphs (c)(2)(iv), 
(c)(2)(vii)(D), (c)(2)(viii), (c)(2)(ix), and (c)(2)(xi) of this 
section. The certification shall identify the equipment that passed the 
test and the date it was tested and shall be made available upon request 
to the Assistant Secretary for Occupational Safety and Health and to 
employees or their authorized representatives.

    Note to paragraph (c)(2)(xii): Marking equipment with, and entering 
onto logs, the results of the tests and the dates of testing are two 
acceptable means of meeting the certification requirement.

                                                          Table I-1--AC Proof-Test Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Maximum proof-test current, mA (gloves only)
                                                                   Proof-test    -----------------------------------------------------------------------
                      Class of Equipment                          Voltage rms V    280-mm (11-in)    360-mm (14-in)    410-mm (16-in)    460-mm (18-in)
                                                                                        glove             glove             glove             glove
--------------------------------------------------------------------------------------------------------------------------------------------------------
00............................................................             2,500                 8                12
0.............................................................             5,000                 8                12                14                16
1.............................................................            10,000  ................                14                16                18
2.............................................................            20,000  ................                16                18                20
3.............................................................            30,000  ................                18                20                22
4.............................................................            40,000  ................  ................                22                24
--------------------------------------------------------------------------------------------------------------------------------------------------------


                  Table I-2--DC Proof-Test Requirements
------------------------------------------------------------------------
                                                            Proof-test
                   Class of equipment                         voltage
------------------------------------------------------------------------
00......................................................          10,000
0.......................................................          20,000
1.......................................................          40,000
2.......................................................          50,000
3.......................................................          60,000
4.......................................................          70,000
------------------------------------------------------------------------
Note: The dc voltages listed in this table are not appropriate for proof
  testing rubber insulating line hose or covers. For this equipment, dc
  proof tests shall use a voltage high enough to indicate that the
  equipment can be safely used at the voltages listed in Table I-4. See
  ASTM D1050-05 (2011) and ASTM D1049-98 (2010) for further information
  on proof tests for rubber insulating line hose and covers,
  respectively.


                                   Table I-3--Glove Tests--Water Level \1\ \2\
----------------------------------------------------------------------------------------------------------------
                                                    AC proof test                        DC proof test
             Class of glove             ------------------------------------------------------------------------
                                                mm                 in                mm                in
----------------------------------------------------------------------------------------------------------------
00.....................................                38               1.5                 38               1.5
0......................................                38               1.5                 38               1.5
1......................................                38               1.5                 51               2.0
2......................................                64               2.5                 76               3.0
3......................................                89               3.5                102               4.0
4......................................               127               5.0                153               6.0
----------------------------------------------------------------------------------------------------------------
\1\ The water level is given as the clearance from the reinforced edge of the glove to the water line, with a
  tolerance of 13 mm. (0.5 in.).
\2\ If atmospheric conditions make the specified clearances impractical, the clearances may be increased by a
  maximum of 25 mm. (1 in.).


[[Page 453]]


                          Table I-4--Rubber Insulating Equipment, Voltage Requirements
----------------------------------------------------------------------------------------------------------------
                                                               Maximum use
                    Class of equipment                       voltage \1\ AC    Retest voltage    Retest voltage
                                                                   rms           \2\ AC rms        \2\ DC avg
----------------------------------------------------------------------------------------------------------------
00........................................................               500             2,500            10,000
0.........................................................             1,000             5,000            20,000
1.........................................................             7,500            10,000            40,000
2.........................................................            17,000            20,000            50,000
3.........................................................            26,500            30,000            60,000
4.........................................................            36,000            40,000            70,000
----------------------------------------------------------------------------------------------------------------
\1\ The maximum use voltage is the ac voltage (rms) classification of the protective equipment that designates
  the maximum nominal design voltage of the energized system that may be safely worked. The nominal design
  voltage is equal to the phase-to-phase voltage on multiphase circuits. However, the phase-to-ground potential
  is considered to be the nominal design voltage if:
(1) There is no multiphase exposure in a system area and the voltage exposure is limited to the phase-to-ground
  potential, or
(2) The electric equipment and devices are insulated or isolated or both so that the multiphase exposure on a
  grounded wye circuit is removed.
\2\ The proof-test voltage shall be applied continuously for at least 1 minute, but no more than 3 minutes.


         Table I-5--Rubber Insulating Equipment, Test Intervals
------------------------------------------------------------------------
      Type of equipment                       When to test
------------------------------------------------------------------------
Rubber insulating line hose..  Upon indication that insulating value is
                                suspect and after repair.
Rubber insulating covers.....  Upon indication that insulating value is
                                suspect and after repair.
Rubber insulating blankets...  Before first issue and every 12 months
                                thereafter; \1\ upon indication that
                                insulating value is suspect; and after
                                repair.
Rubber insulating gloves.....  Before first issue and every 6 months
                                thereafter; \1\ upon indication that
                                insulating value is suspect; after
                                repair; and after use without
                                protectors.
Rubber insulating sleeves....  Before first issue and every 12 months
                                thereafter; \1\ upon indication that
                                insulating value is suspect; and after
                                repair.
------------------------------------------------------------------------
\1\ If the insulating equipment has been electrically tested but not
  issued for service, the insulating equipment may not be placed into
  service unless it has been electrically tested within the previous 12
  months.


[79 FR 20629, Apr. 11, 2014]



Sec.  1910.138  Hand protection.

    (a) General requirements. Employers shall select and require 
employees to use appropriate hand protection when employees' hands are 
exposed to hazards such as those from skin absorption of harmful 
substances; severe cuts or lacerations; severe abrasions; punctures; 
chemical burns; thermal burns; and harmful temperature extremes.
    (b) Selection. Employers shall base the selection of the appropriate 
hand protection on an evaluation of the performance characteristics of 
the hand protection relative to the task(s) to be performed, conditions 
present, duration of use, and the hazards and potential hazards 
identified.

[59 FR 16362, Apr. 6, 1994; 59 FR 33911, July 1, 1994]



Sec.  1910.139  [Reserved]



Sec.  1910.140  Personal fall protection systems.

    (a) Scope and application. This section establishes performance, 
care, and use criteria for all personal fall protection systems. The 
employer must ensure that each personal fall protection system used to 
comply with this part must meet the requirements of this section.
    (b) Definitions. The following definitions apply to this section:
    Anchorage means a secure point of attachment for equipment such as 
lifelines, lanyards, or deceleration devices.
    Belt terminal means an end attachment of a window cleaner's 
positioning system used for securing the belt or harness to a window 
cleaner's belt anchor.
    Body belt means a strap with means both for securing about the waist 
and for attaching to other components such

[[Page 454]]

as a lanyard used with positioning systems, travel restraint systems, or 
ladder safety systems.
    Body harness means straps that secure about the employee in a manner 
to distribute the fall arrest forces over at least the thighs, pelvis, 
waist, chest, and shoulders, with a means for attaching the harness to 
other components of a personal fall protection system.
    Carabiner means a connector generally comprised of a trapezoidal or 
oval shaped body with a closed gate or similar arrangement that may be 
opened to attach another object and, when released, automatically closes 
to retain the object.
    Competent person means a person who is capable of identifying 
existing and predictable hazards in any personal fall protection system 
or any component of it, as well as in their application and uses with 
related equipment, and who has authorization to take prompt, corrective 
action to eliminate the identified hazards.
    Connector means a device used to couple (connect) parts of the fall 
protection system together.
    D-ring means a connector used:
    (i) In a harness as an integral attachment element or fall arrest 
attachment;
    (ii) In a lanyard, energy absorber, lifeline, or anchorage connector 
as an integral connector; or
    (iii) In a positioning or travel restraint system as an attachment 
element.
    Deceleration device means any mechanism that serves to dissipate 
energy during a fall.
    Deceleration distance means the vertical distance a falling employee 
travels from the point at which the deceleration device begins to 
operate, excluding lifeline elongation and free fall distance, until 
stopping. It is measured as the distance between the location of an 
employee's body harness attachment point at the moment of activation (at 
the onset of fall arrest forces) of the deceleration device during a 
fall, and the location of that attachment point after the employee comes 
to a full stop.
    Equivalent means alternative designs, 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 the standard.
    Free fall means the act of falling before the personal fall arrest 
system begins to apply force to arrest the fall.
    Free fall distance means the vertical displacement of the fall 
arrest attachment point on the employee's body belt or body harness 
between onset of the fall and just before the system begins to apply 
force to arrest the fall. This distance excludes deceleration distance, 
lifeline and lanyard elongation, but includes any deceleration device 
slide distance or self-retracting lifeline/lanyard extension before the 
devices operate and fall arrest forces occur.
    Lanyard means a flexible line of rope, wire rope, or strap that 
generally has a connector at each end for connecting the body belt or 
body harness to a deceleration device, lifeline, or anchorage.
    Lifeline means a component of a personal fall protection system 
consisting of a flexible line for connection to an anchorage at one end 
so as to hang vertically (vertical lifeline), or for connection to 
anchorages at both ends so as to stretch horizontally (horizontal 
lifeline), and serves as a means for connecting other components of the 
system to the anchorage.
    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.
    Positioning system (work-positioning system) means a system of 
equipment and connectors that, when used with a body harness or body 
belt, allows an employee to be supported on an elevated vertical 
surface, such as a wall or

[[Page 455]]

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.
    Rope grab means a deceleration device that travels on a lifeline and 
automatically, by friction, engages the lifeline and locks so as to 
arrest the fall of an employee. A rope grab usually employs the 
principle of inertial locking, cam/lever locking, or both.
    Safety factor means the ratio of the design load and the ultimate 
strength of the material.
    Self-retracting lifeline/lanyard means a deceleration device 
containing a drum-wound line that can be slowly extracted from, or 
retracted onto, the drum under slight tension during normal movement by 
the employee. At the onset of a fall, the device automatically locks the 
drum and arrests the fall.
    Snaphook means a connector comprised of a hook-shaped body with a 
normally closed gate, or similar arrangement that may be manually opened 
to permit the hook to receive an object. When released, the snaphook 
automatically closes to retain the object. Opening a snaphook requires 
two separate actions. Snaphooks are generally one of two types:
    (i) Automatic-locking type (permitted) with a self-closing and self-
locking gate that remains closed and locked until intentionally unlocked 
and opened for connection or disconnection; and
    (ii) Non-locking type (prohibited) with a self-closing gate that 
remains closed, but not locked, until intentionally opened for 
connection or disconnection.
    Travel restraint (tether) line means a rope or wire rope used to 
transfer forces from a body support to an anchorage or anchorage 
connector in a travel restraint system.
    Travel restraint system means a combination of an anchorage, 
anchorage connector, lanyard (or other means of connection), and body 
support that an employer uses to eliminate the possibility of an 
employee going over the edge of a walking-working surface.
    Window cleaner's belt means a positioning belt that consists of a 
waist belt, an integral terminal runner or strap, and belt terminals.
    Window cleaner's belt anchor (window anchor) means specifically 
designed fall-preventing attachment points permanently affixed to a 
window frame or to a building part immediately adjacent to the window 
frame, for direct attachment of the terminal portion of a window 
cleaner's belt.
    Window cleaner's positioning system means a system which consists of 
a window cleaner's belt secured to window anchors.
    Work-positioning system (see Positioning system in this paragraph 
(b)).
    (c) General requirements. The employer must ensure that personal 
fall protection systems meet the following requirements. Additional 
requirements for personal fall arrest systems and positioning systems 
are contained in paragraphs (d) and (e) of this section, respectively.
    (1) Connectors must be drop forged, pressed or formed steel, or made 
of equivalent materials.
    (2) Connectors must have a corrosion-resistant finish, and all 
surfaces and edges must be smooth to prevent damage to interfacing parts 
of the system.
    (3) When vertical lifelines are used, each employee must be attached 
to a separate lifeline.
    (4) Lanyards and vertical lifelines must have a minimum breaking 
strength of 5,000 pounds (22.2 kN).
    (5) Self-retracting lifelines and lanyards that automatically limit 
free fall distance to 2 feet (0.61 m) or less must have components 
capable of sustaining a minimum tensile load of 3,000 pounds (13.3 kN) 
applied to the device with the lifeline or lanyard in the fully extended 
position.
    (6) A competent person or qualified person must inspect each knot in 
a lanyard or vertical lifeline to ensure that it meets the requirements 
of paragraphs (c)(4) and (5) of this section before any employee uses 
the lanyard or lifeline.

[[Page 456]]

    (7) D-rings, snaphooks, and carabiners must be capable of sustaining 
a minimum tensile load of 5,000 pounds (22.2 kN).
    (8) D-rings, snaphooks, and carabiners must be proof tested to a 
minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking, 
or incurring permanent deformation. The gate strength of snaphooks and 
carabiners must be capable of withstanding a minimum load of 3,600 
pounds (16 kN) without the gate separating from the nose of the snaphook 
or carabiner body by more than 0.125 inches (3.175 mm).
    (9) Snaphooks and carabiners must be the automatic locking type that 
require at least two separate, consecutive movements to open.
    (10) Snaphooks and carabiners must not be connected to any of the 
following unless they are designed for such connections:
    (i) Directly to webbing, rope, or wire rope;
    (ii) To each other;
    (iii) To a D-ring to which another snaphook, carabiner, or connector 
is attached;
    (iv) To a horizontal life line; or
    (v) To any object that is incompatibly shaped or dimensioned in 
relation to the snaphook or carabiner such that unintentional 
disengagement could occur when the connected object depresses the 
snaphook or carabiner gate, allowing the components to separate.
    (11) The employer must ensure that each horizontal lifeline:
    (i) Is designed, installed, and used under the supervision of a 
qualified person; and
    (ii) Is part of a complete personal fall arrest system that 
maintains a safety factor of at least two.
    (12) Anchorages used to attach to personal fall protection equipment 
must be independent of any anchorage used to suspend employees or 
platforms on which employees work. Anchorages used to attach to personal 
fall protection equipment on mobile work platforms on powered industrial 
trucks must be attached to an overhead member of the platform, at a 
point located above and near the center of the platform.
    (13) Anchorages, except window cleaners' belt anchors covered by 
paragraph (e) of this section, must be:
    (i) Capable of supporting at least 5,000 pounds (22.2 kN) for each 
employee attached; or
    (ii) Designed, installed, and used, under the supervision of 
qualified person, as part of a complete personal fall protection system 
that maintains a safety factor of at least two.
    (14) Travel restraint lines must be capable of sustaining a tensile 
load of at least 5,000 pounds (22.2 kN).
    (15) Lifelines must not be made of natural fiber rope. Polypropylene 
rope must contain an ultraviolet (UV) light inhibitor.
    (16) Personal fall protection systems and their components must be 
used exclusively for employee fall protection and not for any other 
purpose, such as hoisting equipment or materials.
    (17) A personal fall protection system or its components subjected 
to impact loading must be removed from service immediately and not used 
again until a competent person inspects the system or components and 
determines that it is not damaged and safe for use for employee personal 
fall protection.
    (18) Personal fall protection systems must be inspected before 
initial use during each workshift for mildew, wear, damage, and other 
deterioration, and defective components must be removed from service.
    (19) Ropes, belts, lanyards, and harnesses used for personal fall 
protection must be compatible with all connectors used.
    (20) Ropes, belts, lanyards, lifelines, and harnesses used for 
personal fall protection must be protected from being cut, abraded, 
melted, or otherwise damaged.
    (21) The employer must provide for prompt rescue of each employee in 
the event of a fall.
    (22) Personal fall protection systems must be worn with the 
attachment point of the body harness located in the center of the 
employee's back near shoulder level. The attachment point may be located 
in the pre-sternal position if the free fall distance is limited to 2 
feet (0.6 m) or less.
    (d) Personal fall arrest systems--(1) System performance criteria. 
In addition to

[[Page 457]]

the general requirements in paragraph (c) of this section, the employer 
must ensure that personal fall arrest systems:
    (i) Limit the maximum arresting force on the employee to 1,800 
pounds (8 kN);
    (ii) Bring the employee to a complete stop and limit the maximum 
deceleration distance the employee travels to 3.5 feet (1.1 m);
    (iii) Have sufficient strength to withstand twice the potential 
impact energy of the employee free falling a distance of 6 feet (1.8 m), 
or the free fall distance permitted by the system; and
    (iv) Sustain the employee within the system/strap configuration 
without making contact with the employee's neck and chin area.
    (v) If the personal fall arrest system meets the criteria and 
protocols in appendix D of this subpart, and is being used by an 
employee having a combined body and tool weight of less than 310 pounds 
(140 kg), the system is considered to be in compliance with the 
provisions of paragraphs (d)(1)(i) through (iii) of this section. If the 
system is used by an employee having a combined body and tool weight of 
310 pounds (140kg) or more and the employer has appropriately modified 
the criteria and protocols in appendix D, then the system will be deemed 
to be in compliance with the requirements of paragraphs (d)(1)(i) 
through (iii).
    (2) System use criteria. The employer must ensure that:
    (i) On any horizontal lifeline that may become a vertical lifeline, 
the device used to connect to the horizontal lifeline is capable of 
locking in both directions on the lifeline.
    (ii) Personal fall arrest systems are rigged in such a manner that 
the employee cannot free fall more than 6 feet (1.8 m) or contact a 
lower level. A free fall may be more than 6 feet (1.8 m) provided the 
employer can demonstrate the manufacturer designed the system to allow a 
free fall of more than 6 feet and tested the system to ensure a maximum 
arresting force of 1,800 pounds (8 kN) is not exceeded.
    (3) Body belts. Body belts are prohibited as part of a personal fall 
arrest system.
    (e) Positioning systems--(1) System performance requirements. The 
employer must ensure that each positioning system meets the following 
requirements:
    (i) General. All positioning systems, except window cleaners' 
positioning systems, are capable of withstanding, without failure, a 
drop test consisting of a 4-foot (1.2-m) drop of a 250-pound (113-kg) 
weight;
    (ii) Window cleaners' positioning systems. All window cleaners' 
positioning systems must:
    (A) Be capable of withstanding without failure a drop test 
consisting of a 6-foot (1.8-m) drop of a 250-pound (113-kg) weight; and
    (B) Limit the initial arresting force on the falling employee to not 
more than 2,000 pounds (8.9 kN), with a duration not exceeding 2 
milliseconds and any subsequent arresting forces to not more than 1,000 
pounds (4.5 kN).
    (iii) Positioning systems, including window cleaners' positioning 
systems, that meet the test methods and procedures in appendix D of this 
subpart are considered to be in compliance with paragraphs (e)(1)(i) and 
(ii).
    (iv) Lineman's body belt and pole strap systems. Lineman's body belt 
and pole strap systems must meet the following tests:
    (A) A dielectric test of 819.7 volts, AC, per centimeter (25,000 
volts per foot) for 3 minutes without visible deterioration;
    (B) A leakage test of 98.4 volts, AC, per centimeter (3,000 volts 
per foot) with a leakage current of no more than 1 mA; and
    (C) A flammability test in accordance with Table I-7 of this 
section.

[[Page 458]]

[GRAPHIC] [TIFF OMITTED] TR18NO16.360

    (2) System use criteria for window cleaners' positioning systems. 
The employer must ensure that window cleaners' positioning systems meet 
and are used in accordance with the following:
    (i) Window cleaners' belts are designed and constructed so that:
    (A) Belt terminals will not pass through their fastenings on the 
belt or harness if a terminal comes loose from the window anchor; and
    (B) The length of the runner from terminal tip to terminal tip is 8 
feet (2.44 m) or less;
    (ii) Window anchors to which belts are fastened are installed in the 
side frames or mullions of the window at a point not less than 42 inches 
(106.7 cm) and not more than 51 inches (129.5 cm) above the window sill;
    (iii) Each window anchor is capable of supporting a minimum load of 
6,000 pounds (26.5 kN);
    (iv) Use of installed window anchors for any purpose other than 
attaching the window cleaner's belt is prohibited;
    (v) A window anchor that has damaged or deteriorated fastenings or 
supports is removed, or the window anchor head is detached so the anchor 
cannot be used;
    (vi) Rope that has wear or deterioration that affects its strength 
is not used;
    (vii) Both terminals of the window cleaner's belt are attached to 
separate window anchors during any cleaning operation;
    (viii) No employee works on a window sill or ledge on which there is 
snow, ice, or any other slippery condition, or one that is weakened or 
rotted;
    (ix) No employee works on a window sill or ledge unless:
    (A) The window sill or ledge is a minimum of 4 inches (10 cm) wide 
and slopes no more than 15 degrees below horizontal; or
    (B) The 4-inch minimum width of the window sill or ledge is 
increased 0.4 inches (1 cm) for every degree the sill or ledge slopes 
beyond 15 degrees, up to a maximum of 30 degrees;
    (x) The employee attaches at least one belt terminal to a window 
anchor before climbing through the window opening, and keeps at least 
one terminal attached until completely back inside the window opening;
    (xi) Except as provided in paragraph (e)(2)(xii) of this section, 
the employee travels from one window to another by returning inside the 
window opening and repeating the belt terminal attachment procedure at 
each window in accordance with paragraph (e)(2)(x) of this section;

[[Page 459]]

    (xii) An employee using a window cleaner's positioning system may 
travel from one window to another while outside of the building, 
provided:
    (A) At least one belt terminal is attached to a window anchor at all 
times;
    (B) The distance between window anchors does not exceed 4 feet (1.2 
m) horizontally. The distance between windows may be increased up to 6 
feet (1.8 m) horizontally if the window sill or ledge is at least 1 foot 
(0.31 m) wide and the slope is less than 5 degrees;
    (C) The sill or ledge between windows is continuous; and
    (D) The width of the window sill or ledge in front of the mullions 
is at least 6 inches (15.2 cm) wide.

[81 FR 82999, Nov. 18, 2016, as amended at 84 FR 68797, Dec. 17, 2019]



   Sec. Appendix A to Subpart I of Part 1910--References for Further 
                       Information (Non-mandatory)

    The documents in appendix A provide information which may be helpful 
in understanding and implementing the standards in Subpart I.
    1. Bureau of Labor Statistics (BLS). ``Accidents Involving Eye 
Injuries.'' Report 597, Washington, D.C.: BLS, 1980.
    2. Bureau of Labor Statistics (BLS). ``Accidents Involving Face 
Injuries.'' Report 604, Washington, D.C.: BLS, 1980.
    3. Bureau of Labor Statistics (BLS). ``Accidents Involving Head 
Injuries.'' Report 605, Washington, D.C.: BLS, 1980.
    4. Bureau of Labor Statistics (BLS). ``Accidents Involving Foot 
Injuries.'' Report 626, Washington, D.C.: BLS, 1981.
    5. National Safety Council. ``Accident Facts'', Annual edition, 
Chicago, IL: 1981.
    6. Bureau of Labor Statistics (BLS). ``Occupational Injuries and 
Illnesses in the United States by Industry,'' Annual edition, 
Washington, D.C.: BLS.
    7. National Society to Prevent Blindness. ``A Guide for Controlling 
Eye Injuries in Industry,'' Chicago, Il: 1982.

[59 FR 16362, Apr. 6, 1994]



   Sec. Appendix B to Subpart I of Part 1910--Nonmandatory Compliance 
   Guidelines for Hazard Assessment and Personal Protective Equipment 
                                Selection

    This appendix is intended to provide compliance assistance for 
employers and employees in implementing requirements for a hazard 
assessment and the selection of personal protective equipment.
    1. Controlling hazards. PPE devices alone should not be relied on to 
provide protection against hazards, but should be used in conjunction 
with guards, engineering controls, and sound manufacturing practices.
    2. Assessment and selection. It is necessary to consider certain 
general guidelines for assessing the foot, head, eye and face, and hand 
hazard situations that exist in an occupational or educational operation 
or process, and to match the protective devices to the particular 
hazard. It should be the responsibility of the safety officer to 
exercise common sense and appropriate expertise to accomplish these 
tasks.
    3. Assessment guidelines. In order to assess the need for PPE the 
following steps should be taken:
    a. Survey. Conduct a walk-through survey of the areas in question. 
The purpose of the survey is to identify sources of hazards to workers 
and co-workers. Consideration should be given to the basic hazard 
categories:
    (a) Impact
    (b) Penetration
    (c) Compression (roll-over)
    (d) Chemical
    (e) Heat
    (f) Harmful dust
    (g) Light (optical) radiation
    b. Sources. During the walk-through survey the safety officer should 
observe: (a) sources of motion; i.e., machinery or processes where any 
movement of tools, machine elements or particles could exist, or 
movement of personnel that could result in collision with stationary 
objects; (b) sources of high temperatures that could result in burns, 
eye injury or ignition of protective equipment, etc.; (c) types of 
chemical exposures; (d) sources of harmful dust; (e) sources of light 
radiation, i.e., welding, brazing, cutting, furnaces, heat treating, 
high intensity lights, etc.; (f) sources of falling objects or potential 
for dropping objects; (g) sources of sharp objects which might pierce 
the feet or cut the hands; (h) sources of rolling or pinching objects 
which could crush the feet; (i) layout of workplace and location of co-
workers; and (j) any electrical hazards. In addition, injury/accident 
data should be reviewed to help identify problem areas.
    c. Organize data. Following the walk-through survey, it is necessary 
to organize the data and information for use in the assessment of 
hazards. The objective is to prepare for an analysis of the hazards in 
the environment to enable proper selection of protective equipment.
    d. Analyze data. Having gathered and organized data on a workplace, 
an estimate of the potential for injuries should be made. Each of the 
basic hazards (paragraph 3.a.) should be reviewed and a determination 
made as to the type, level of risk, and seriousness of potential injury 
from each of the

[[Page 460]]

hazards found in the area. The possibility of exposure to several 
hazards simultaneously should be considered.
    4. Selection guidelines. After completion of the procedures in 
paragraph 3, the general procedure for selection of protective equipment 
is to: a) Become familiar with the potential hazards and the type of 
protective equipment that is available, and what it can do; i.e., splash 
protection, impact protection, etc.; b) compare the hazards associated 
with the environment; i.e., impact velocities, masses, projectile shape, 
radiation intensities, with the capabilities of the available protective 
equipment; c) select the protective equipment which ensures a level of 
protection greater than the minimum required to protect employees from 
the hazards; and d) fit the user with the protective device and give 
instructions on care and use of the PPE. It is very important that end 
users be made aware of all warning labels for and limitations of their 
PPE.
    5. Fitting the device. Careful consideration must be given to 
comfort and fit. PPE that fits poorly will not afford the necessary 
protection. Continued wearing of the device is more likely if it fits 
the wearer comfortably. Protective devices are generally available in a 
variety of sizes. Care should be taken to ensure that the right size is 
selected.
    6. Devices with adjustable features. Adjustments should be made on 
an individual basis for a comfortable fit that will maintain the 
protective device in the proper position. Particular care should be 
taken in fitting devices for eye protection against dust and chemical 
splash to ensure that the devices are sealed to the face. In addition, 
proper fitting of helmets is important to ensure that it will not fall 
off during work operations. In some cases a chin strap may be necessary 
to keep the helmet on an employee's head. (Chin straps should break at a 
reasonably low force, however, so as to prevent a strangulation hazard). 
Where manufacturer's instructions are available, they should be followed 
carefully.
    7. Reassessment of hazards. It is the responsibility of the safety 
officer to reassess the workplace hazard situation as necessary, by 
identifying and evaluating new equipment and processes, reviewing 
accident records, and reevaluating the suitability of previously 
selected PPE.
    8. Selection chart guidelines for eye and face protection. Some 
occupations (not a complete list) for which eye protection should be 
routinely considered are: carpenters, electricians, machinists, 
mechanics and repairers, millwrights, plumbers and pipe fitters, sheet 
metal workers and tinsmiths, assemblers, sanders, grinding machine 
operators, lathe and milling machine operators, sawyers, welders, 
laborers, chemical process operators and handlers, and timber cutting 
and logging workers. The following chart provides general guidance for 
the proper selection of eye and face protection to protect against 
hazards associated with the listed hazard ``source'' operations.

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

[[Page 461]]

 
(1) Care should be taken to recognize the possibility of multiple and
  simultaneous exposure to a variety of hazards. Adequate protection
  against the highest level of each of the hazards should be provided.
  Protective devices do not provide unlimited protection.
(2) Operations involving heat may also involve light radiation. As
  required by the standard, protection from both hazards must be
  provided.
(3) Faceshields should only be worn over primary eye protection
  (spectacles or goggles).
(4) As required by the standard, filter lenses must meet the
  requirements for shade designations in Sec.   1910.133(a)(5). Tinted
  and shaded lenses are not filter lenses unless they are marked or
  identified as such.
(5) As required by the standard, persons whose vision requires the use
  of prescription (Rx) lenses must wear either protective devices fitted
  with prescription (Rx) lenses or protective devices designed to be
  worn over regular prescription (Rx) eyewear.
(6) Wearers of contact lenses must also wear appropriate eye and face
  protection devices in a hazardous environment. It should be recognized
  that dusty and/or chemical environments may represent an additional
  hazard to contact lens wearers.
(7) Caution should be exercised in the use of metal frame protective
  devices in electrical hazard areas.
(8) Atmospheric conditions and the restricted ventilation of the
  protector can cause lenses to fog. Frequent cleansing may be
  necessary.
(9) Welding helmets or faceshields should be used only over primary eye
  protection (spectacles or goggles).
(10) Non-sideshield spectacles are available for frontal protection
  only, but are not acceptable eye protection for the sources and
  operations listed for ``impact.''
(11) Ventilation should be adequate, but well protected from splash
  entry. Eye and face protection should be designed and used so that it
  provides both adequate ventilation and protects the wearer from splash
  entry.
(12) Protection from light radiation is directly related to filter lens
  density. See note (4) . Select the darkest shade that allows task
  performance.

    9. Selection guidelines for head protection. All head protection 
(helmets) is designed to provide protection from impact and penetration 
hazards caused by falling objects. Head protection is also available 
which provides protection from electric shock and burn. When selecting 
head protection, knowledge of potential electrical hazards is important. 
Class A helmets, in addition to impact and penetration resistance, 
provide electrical protection from low-voltage conductors (they are 
proof tested to 2,200 volts). Class B helmets, in addition to impact and 
penetration resistance, provide electrical protection from high-voltage 
conductors (they are proof tested to 20,000 volts). Class C helmets 
provide impact and penetration resistance (they are usually made of 
aluminum which conducts electricity), and should not be used around 
electrical hazards.
    Where falling object hazards are present, helmets must be worn. Some 
examples include: working below other workers who are using tools and 
materials which could fall; working around or under conveyor belts which 
are carrying parts or materials; working below machinery or processes 
which might cause material or objects to fall; and working on exposed 
energized conductors.
    Some examples of occupations for which head protection should be 
routinely considered are: carpenters, electricians, linemen, mechanics 
and repairers, plumbers and pipe fitters, assemblers, packers, wrappers, 
sawyers, welders, laborers, freight handlers, timber cutting and 
logging, stock handlers, and warehouse laborers.
    Beginning with the ANSI Z89.1-1997 standard, ANSI updated the 
classification system for protective helmets. Prior revisions used type 
classifications to distinguish between caps and full brimmed hats. 
Beginning in 1997, Type I designated helmets designed to reduce the 
force of impact resulting from a blow only to the top of the head, while 
Type II designated helmets designed to reduce the force of impact 
resulting from a blow to the top or sides of the head. Accordingly, if a 
hazard assessment indicates that lateral impact to the head is 
foreseeable, employers must select Type II helmets for their employees. 
To improve comprehension and usefulness, the 1997 revision also 
redesignated the electrical-protective classifications for helmets as 
follows: ``Class G--General''; helmets designed to reduce the danger of 
contact with low-voltage conductors; ``Class E--Electrical''; helmets 
designed to reduce the danger of contact with conductors at higher 
voltage levels; and ``Class C--Conductive''; helmets that provide no 
protection against contact with electrical hazards.
    10. Selection guidelines for foot protection. Safety shoes and boots 
which meet the ANSI Z41-1991 Standard provide both impact and 
compression protection. Where necessary, safety shoes can be obtained 
which provide puncture protection. In some work situations, metatarsal 
protection should be provided, and in other special situations 
electrical conductive or insulating safety shoes would be appropriate.
    Safety shoes or boots with impact protection would be required for 
carrying or handling materials such as packages, objects, parts or heavy 
tools, which could be dropped; and, for other activities where objects 
might fall onto the feet. Safety shoes or boots with compression 
protection would be required for work activities involving skid trucks 
(manual material handling carts) around bulk rolls (such as paper rolls) 
and around heavy pipes, all of which could potentially roll over an 
employee's feet. Safety shoes or boots with puncture protection would be 
required where sharp objects such as nails, wire, tacks, screws, large 
staples, scrap metal etc., could be stepped on by employees causing a 
foot injury. Electrically conductive shoes would be required as a 
supplementary form of protection for work activities in which there is a 
danger of fire or explosion from the discharge of static electricity. 
Electrical-hazard or dielectric footwear would be required as a 
supplementary form of protection when an employee standing on the

[[Page 462]]

ground is exposed to hazardous step or touch potential (the difference 
in electrical potential between the feet or between the hands and feet) 
or when primary forms of electrical protective equipment, such as rubber 
insulating gloves and blankets, do not provide complete protection for 
an employee standing on the ground.
    Some occupations (not a complete list) for which foot protection 
should be routinely considered are: Shipping and receiving clerks, stock 
clerks, carpenters, electricians, machinists, mechanics and repairers, 
plumbers and pipe fitters, structural metal workers, assemblers, drywall 
installers and lathers, packers, wrappers, craters, punch and stamping 
press operators, sawyers, welders, laborers, freight handlers, gardeners 
and grounds-keepers, timber cutting and logging workers, stock handlers 
and warehouse laborers.
    11. Selection guidelines for hand protection. Gloves are often 
relied upon to prevent cuts, abrasions, burns, and skin contact with 
chemicals that are capable of causing local or systemic effects 
following dermal exposure. OSHA is unaware of any gloves that provide 
protection against all potential hand hazards, and commonly available 
glove materials provide only limited protection against many chemicals. 
Therefore, it is important to select the most appropriate glove for a 
particular application and to determine how long it can be worn, and 
whether it can be reused.
    It is also important to know the performance characteristics of 
gloves relative to the specific hazard anticipated; e.g., chemical 
hazards, cut hazards, flame hazards, etc. These performance 
characteristics should be assessed by using standard test procedures. 
Before purchasing gloves, the employer should request documentation from 
the manufacturer that the gloves meet the appropriate test standard(s) 
for the hazard(s) anticipated.
    Other factors to be considered for glove selection in general 
include:
    (A) As long as the performance characteristics are acceptable, in 
certain circumstances, it may be more cost effective to regularly change 
cheaper gloves than to reuse more expensive types; and,
    (B) The work activities of the employee should be studied to 
determine the degree of dexterity required, the duration, frequency, and 
degree of exposure of the hazard, and the physical stresses that will be 
applied.
    With respect to selection of gloves for protection against chemical 
hazards:
    (A) The toxic properties of the chemical(s) must be determined; in 
particular, the ability of the chemical to cause local effects on the 
skin and /or to pass through the skin and cause systemic effects;
    (B) Generally, any ``chemical resistant'' glove can be used for dry 
powders;
    (C) For mixtures and formulated products (unless specific test data 
are available), a glove should be selected on the basis of the chemical 
component with the shortest breakthrough time, since it is possible for 
solvents to carry active ingredients through polymeric materials; and,
    (D) Employees must be able to remove the gloves in such a manner as 
to prevent skin contamination.
    12. Cleaning and maintenance. It is important that all PPE be kept 
clean and properly maintained. Cleaning is particularly important for 
eye and face protection where dirty or fogged lenses could impair 
vision.
    For the purposes of compliance with Sec.  1910.132 (a) and (b), PPE 
should be inspected, cleaned, and maintained at regular intervals so 
that the PPE provides the requisite protection.
    It is also important to ensure that contaminated PPE which cannot be 
decontaminated is disposed of in a manner that protects employees from 
exposure to hazards.

[59 FR 16362, Apr. 6, 1994, as amended at 74 FR 46357, Sept. 9, 2009; 79 
FR 20633, Apr. 11, 2014]



  Sec. Appendix C to Subpart I of Part 1910--Personal Fall Protection 
                    Systems Non-Mandatory Guidelines

    The following information generally applies to all personal fall 
protection systems and is intended to assist employers and employees 
comply with the requirements of Sec.  1910.140 for personal fall 
protection systems.
    (a) Planning considerations. It is important for employers to plan 
prior to using personal fall protection systems. Probably the most 
overlooked component of planning is locating suitable anchorage points. 
Such planning should ideally be done before the structure or building is 
constructed so that anchorage points can be used later for window 
cleaning or other building maintenance.
    (b) Selection and use considerations. (1) The kind of personal fall 
protection system selected should be appropriate for the employee's 
specific work situation. Free fall distances should always be kept to a 
minimum. Many systems are designed for particular work applications, 
such as climbing ladders and poles; maintaining and servicing equipment; 
and window cleaning. Consideration should be given to the environment in 
which the work will be performed. For example, the presence of acids, 
dirt, moisture, oil, grease, or other substances, and their potential 
effects on the system selected, should be evaluated. The employer should 
fully evaluate the work conditions and environment (including seasonal 
weather changes) before selecting the appropriate personal fall 
protection system. Hot or cold environments

[[Page 463]]

may also affect fall protection systems. Wire rope should not be used 
where electrical hazards are anticipated. As required by Sec.  
1910.140(c)(21), the employer must provide a means for promptly rescuing 
an employee should a fall occur.
    (2) Where lanyards, connectors, and lifelines are subject to damage 
by work operations, such as welding, chemical cleaning, and 
sandblasting, the component should be protected, or other securing 
systems should be used. A program for cleaning and maintaining the 
system may be necessary.
    (c) Testing considerations. Before purchasing a personal fall 
protection system, an employer should insist that the supplier provide 
information about its test performance (using recognized test methods) 
so the employer will know that the system meets the criteria in Sec.  
1910.140. Otherwise, the employer should test the equipment to ensure 
that it is in compliance. Appendix D to this subpart contains test 
methods which are recommended for evaluating the performance of any 
system. There are some circumstances in which an employer can evaluate a 
system based on data and calculations derived from the testing of 
similar systems. Enough information must be available for the employer 
to demonstrate that its system and the tested system(s) are similar in 
both function and design.
    (d) Component compatibility considerations. Ideally, a personal fall 
protection system is designed, tested, and supplied as a complete 
system. However, it is common practice for lanyards, connectors, 
lifelines, deceleration devices, body belts, and body harnesses to be 
interchanged since some components wear out before others. Employers and 
employees should realize that not all components are interchangeable. 
For instance, a lanyard should not be connected between a body harness 
and a deceleration device of the self-retracting type (unless 
specifically allowed by the manufacturer) since this can result in 
additional free fall for which the system was not designed. In addition, 
positioning components, such as pole straps, ladder hooks and rebar 
hooks, should not be used in personal fall arrest systems unless they 
meet the appropriate strength and performance requirements of part 1910 
(e.g., Sec. Sec.  1910.140, 1910.268 and 1910.269). Any substitution or 
change to a personal fall protection system should be fully evaluated or 
tested by a competent person to determine that it meets applicable OSHA 
standards before the modified system is put in use. Also, OSHA suggests 
that rope be used according to manufacturers' recommendations, 
especially if polypropylene rope is used.
    (e) Employee training considerations. As required by Sec. Sec.  
1910.30 and 1910.132, before an employee uses a fall protection system, 
the employer must ensure that he or she is trained in the proper use of 
the system. This may include the following: The limits of the system; 
proper anchoring and tie-off techniques; estimating free fall distance, 
including determining elongation and deceleration distance; methods of 
use; and inspection and storage. Careless or improper use of fall 
protection equipment can result in serious injury or death. Employers 
and employees should become familiar with the material in this standard 
and appendix, as well as manufacturers' recommendations, before a system 
is used. It is important for employees to be aware that certain tie-offs 
(such as using knots and tying around sharp edges) can reduce the 
overall strength of a system. Employees also need to know the maximum 
permitted free fall distance. Training should stress the importance of 
inspections prior to use, the limitations of the equipment to be used, 
and unique conditions at the worksite that may be important.
    (f) Instruction considerations. Employers should obtain 
comprehensive instructions from the supplier or a qualified person as to 
the system's proper use and application, including, where applicable:
    (1) The force measured during the sample force test;
    (2) The maximum elongation measured for lanyards during the force 
test;
    (3) The deceleration distance measured for deceleration devices 
during the force test;
    (4) Caution statements on critical use limitations;
    (5) Limits of the system;
    (6) Proper hook-up, anchoring and tie-off techniques, including the 
proper D-ring or other attachment point to use on the body harness;
    (7) Proper climbing techniques;
    (8) Methods of inspection, use, cleaning, and storage; and
    (9) Specific lifelines that may be used.
    (g) Inspection considerations. Personal fall protection systems must 
be inspected before initial use in each workshift. Any component with 
damage, such as a cut, tear, abrasion, mold, or evidence of undue 
stretching, an alteration or addition that might affect its 
effectiveness, damage due to deterioration, fire, acid, or other 
corrosive damage, distorted hooks or faulty hook springs, tongues that 
are unfitted to the shoulder of buckles, loose or damaged mountings, 
non-functioning parts, or wear, or internal deterioration must be 
removed from service immediately, and should be tagged or marked as 
unusable, or destroyed. Any personal fall protection system, including 
components, subjected to impact loading must be removed from service 
immediately and not used until a competent person inspects the system 
and determines that it is not damaged and is safe to use for personal 
fall protection.

[[Page 464]]

    (h) Rescue considerations. As required by Sec.  1910.140(c)(21), 
when personal fall arrest systems are used, special consideration must 
be given to rescuing an employee promptly should a fall occur. The 
availability of rescue personnel, ladders, or other rescue equipment 
needs to be evaluated since there may be instances in which employees 
cannot self-rescue (e.g., employee unconscious or seriously injured). In 
some situations, equipment allowing employees to rescue themselves after 
the fall has been arrested may be desirable, such as devices that have 
descent capability.
    (i) Tie-off considerations. Employers and employees should at all 
times be aware that the strength of a personal fall arrest system is 
based on its being attached to an anchoring system that can support the 
system. Therefore, if a means of attachment is used that will reduce the 
strength of the system (such as an eye-bolt/snaphook anchorage), that 
component should be replaced by a stronger one that will also maintain 
the appropriate maximum deceleration characteristics. The following is a 
listing of some situations in which employers and employees should be 
especially cautious:
    (1) Tie-off using a knot in the lanyard or lifeline (at any 
location). The strength of the line can be reduced by 50 percent or more 
if a knot is used. Therefore, a stronger lanyard or lifeline should be 
used to compensate for the knot, or the lanyard length should be reduced 
(or the tie-off location raised) to minimize free fall distance, or the 
lanyard or lifeline should be replaced by one which has an appropriately 
incorporated connector to eliminate the need for a knot.
    (2) Tie-off around rough or sharp (e.g., ``H'' or ``I'' beams) 
surfaces. Sharp or rough surfaces can damage rope lines and this reduces 
strength of the system drastically. Such tie-offs should be avoided 
whenever possible. An alternate means should be used such as a snaphook/
D-ring connection, a tie-off apparatus (steel cable tie-off), an 
effective padding of the surfaces, or an abrasion-resistant strap around 
the supporting member. If these alternative means of tie-off are not 
available, the employer should try to minimize the potential free fall 
distance.
    (3) Knots. Sliding hitch knots should not be used except in 
emergency situations. The one-and-one sliding hitch knot should never be 
used because it is unreliable in stopping a fall. The two-and-two, or 
three-and-three knots (preferable) may be used in emergency situations; 
however, care should be taken to limit free fall distances because of 
reduced lifeline/lanyard strength. OSHA requires that a competent or 
qualified person inspect each knot in a lanyard or vertical lifeline to 
ensure it meets the strength requirements in Sec.  1910.140.
    (j) Horizontal lifelines. Horizontal lifelines, depending on their 
geometry and angle of sag, may be subjected to greater loads than the 
impact load imposed by an attached component. When the angle of 
horizontal lifeline sag is less than 30 degrees, the impact force 
imparted to the lifeline by an attached lanyard is greatly amplified. 
For example, with a sag angle of 15 degrees the force amplification is 
about 2:1, and at 5 degrees sag it is about 6:1. Depending on the angle 
of sag, and the line's elasticity, the strength of the horizontal 
lifeline, and the anchorages to which it is attached should be increased 
a number of times over that of the lanyard. Extreme care should be taken 
in considering a horizontal lifeline for multiple tie-offs. If there are 
multiple tie-offs to a horizontal lifeline, and one employee falls, the 
movement of the falling employee and the horizontal lifeline during 
arrest of the fall may cause other employees to fall. Horizontal 
lifeline and anchorage strength should be increased for each additional 
employee to be tied-off. For these and other reasons, the systems using 
horizontal lifelines must be designed only by qualified persons. OSHA 
recommends testing installed lifelines and anchors prior to use. OSHA 
requires that horizontal lifelines are designed, installed and used 
under the supervision of a qualified person.
    (k) Eye-bolts. It must be recognized that the strength of an eye-
bolt is rated along the axis of the bolt, and that its strength is 
greatly reduced if the force is applied at right angles to this axis (in 
the direction of its shear strength). Care should also be exercised in 
selecting the proper diameter of the eye to avoid creating a roll-out 
hazard (accidental disengagement of the snaphook from the eye-bolt).
    (l) Vertical lifeline considerations. As required by Sec.  
1910.140(c)(3), each employee must have a separate lifeline when the 
lifeline is vertical. If multiple tie-offs to a single lifeline are 
used, and one employee falls, the movement of the lifeline during the 
arrest of the fall may pull other employees' lanyards, causing them to 
fall as well.
    (m) Snaphook and carabiner considerations. As required by Sec.  
1910.140(c)(10), the following connections must be avoided unless the 
locking snaphook or carabiner has been designed for them because they 
are conditions that can result in rollout:
    (1) Direct connection to webbing, rope, or a horizontal lifeline;
    (2) Two (or more) snaphooks or carabiners connected to one D-ring;
    (3) Two snaphooks or carabiners connected to each other;
    (4) Snaphooks or carabiners connected directly to webbing, rope, or 
wire rope; and
    (5) Improper dimensions of the D-ring, rebar, or other connection 
point in relation to the snaphook or carabiner dimensions which would 
allow the gate to be depressed by a turning motion.

[[Page 465]]

    (n) Free fall considerations. Employers and employees should always 
be aware that a system's maximum arresting force is evaluated under 
normal use conditions established by the manufacturer. OSHA requires 
that personal fall arrest systems be rigged so an employee cannot free 
fall in excess of 6 feet (1.8 m). Even a few additional feet of free 
fall can significantly increase the arresting force on the employee, 
possibly to the point of causing injury and possibly exceeding the 
strength of the system. Because of this, the free fall distance should 
be kept to a minimum, and, as required by Sec.  1910.140(d)(2), must 
never be greater than 6 feet (1.8 m). To assure this, the tie-off 
attachment point to the lifeline or anchor should be located at or above 
the connection point of the fall arrest equipment to the harness. 
(Otherwise, additional free fall distance is added to the length of the 
connecting means (i.e., lanyard)). Tying off to the walking-working 
surface will often result in a free fall greater than 6 feet (1.8 m). 
For instance, if a 6-foot (1.8-m) lanyard is used, the total free fall 
distance will be the distance from the walking-working level to the 
harness connection plus the 6 feet (1.8 m) of lanyard.
    (o) Elongation and deceleration distance considerations. During fall 
arrest, a lanyard will stretch or elongate, whereas activation of a 
deceleration device will result in a certain stopping distance. These 
distances should be available with the lanyard or device's instructions 
and must be added to the free fall distance to arrive at the total fall 
distance before an employee is fully stopped. The additional stopping 
distance may be significant if the lanyard or deceleration device is 
attached near or at the end of a long lifeline, which may itself add 
considerable distance due to its own elongation. As required by Sec.  
1910.140(d)(2), sufficient distance to allow for all of these factors 
must also be maintained between the employee and obstructions below, to 
prevent an injury due to impact before the system fully arrests the 
fall. In addition, a minimum of 12 feet (3.7 m) of lifeline should be 
allowed below the securing point of a rope-grab-type deceleration 
device, and the end terminated to prevent the device from sliding off 
the lifeline. Alternatively, the lifeline should extend to the ground or 
the next working level below. These measures are suggested to prevent 
the employee from inadvertently moving past the end of the lifeline and 
having the rope grab become disengaged from the lifeline.
    (p) Obstruction considerations. In selecting a location for tie-off, 
employers and employees should consider obstructions in the potential 
fall path of the employee. Tie-offs that minimize the possibilities of 
exaggerated swinging should be considered.

[81 FR 83002, Nov. 18, 2016]



 Sec. Appendix D to Subpart I of Part 1910--Test Methods and Procedures 
      for Personal Fall Protection Systems Non-Mandatory Guidelines

    This appendix contains test methods for personal fall protection 
systems which may be used to determine if they meet the system 
performance criteria specified in paragraphs (d) and (e) of Sec.  
1910.140.
    Test methods for personal fall arrest systems (paragraph (d) of 
Sec.  1910.140).
    (a) General. The following sets forth test procedures for personal 
fall arrest systems as defined in paragraph (d) of Sec.  1910.140.
    (b) General test conditions.
    (1) Lifelines, lanyards and deceleration devices should be attached 
to an anchorage and connected to the body harness in the same manner as 
they would be when used to protect employees.
    (2) The fixed anchorage should be rigid, and should not have a 
deflection greater than 0.04 inches (1 mm) when a force of 2,250 pounds 
(10 kN) is applied.
    (3) The frequency response of the load measuring instrumentation 
should be 120 Hz.
    (4) The test weight used in the strength and force tests should be a 
rigid, metal cylindrical or torso-shaped object with a girth of 38 
inches plus or minus 4 inches (96 cm plus or minus 10 cm).
    (5) The lanyard or lifeline used to create the free fall distance 
should be supplied with the system, or in its absence, the least elastic 
lanyard or lifeline available should be used with the system.
    (6) The test weight for each test should be hoisted to the required 
level and should be quickly released without having any appreciable 
motion imparted to it.
    (7) The system's performance should be evaluated, taking into 
account the range of environmental conditions for which it is designed 
to be used.
    (8) Following the test, the system need not be capable of further 
operation.
    (c) Strength test.
    (1) During the testing of all systems, a test weight of 300 pounds 
plus or minus 3 pounds (136.4 kg plus or minus 1.4 kg) should be used. 
(See paragraph (b)(4) of this appendix.)
    (2) The test consists of dropping the test weight once. A new unused 
system should be used for each test.
    (3) For lanyard systems, the lanyard length should be 6 feet plus or 
minus 2 inches (1.83 m plus or minus 5 cm) as measured from the fixed 
anchorage to the attachment on the body harness.
    (4) For rope-grab-type deceleration systems, the length of the 
lifeline above the centerline of the grabbing mechanism to the 
lifeline's anchorage point should not exceed 2 feet (0.61 m).

[[Page 466]]

    (5) For lanyard systems, for systems with deceleration devices which 
do not automatically limit free fall distance to 2 feet (0.61 m) or 
less, and for systems with deceleration devices which have a connection 
distance in excess of 1 foot (0.3 m) (measured between the centerline of 
the lifeline and the attachment point to the body harness), the test 
weight should be rigged to free fall a distance of 7.5 feet (2.3 m) from 
a point that is 1.5 feet (46 cm) above the anchorage point, to its 
hanging location (6 feet (1.83 m) below the anchorage). The test weight 
should fall without interference, obstruction, or hitting the floor or 
ground during the test. In some cases a non-elastic wire lanyard of 
sufficient length may need to be added to the system (for test purposes) 
to create the necessary free fall distance.
    (6) For deceleration device systems with integral lifelines or 
lanyards that automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should be rigged to free fall a distance of 4 
feet (1.22 m).
    (7) Any weight that detaches from the harness should constitute 
failure for the strength test.
    (d) Force test.
    (1) General. The test consists of dropping the respective test 
weight specified in paragraph (d)(2)(i) or (d)(3)(i) of this appendix 
once. A new, unused system should be used for each test.
    (2) For lanyard systems. (i) A test weight of 220 pounds plus or 
minus three pounds (100 kg plus or minus 1.6 kg) should be used. (See 
paragraph (b)(4) of this appendix.)
    (ii) Lanyard length should be 6 feet plus or minus 2 inches (1.83 m 
plus or minus 5 cm) as measured from the fixed anchorage to the 
attachment on the body harness.
    (iii) The test weight should fall free from the anchorage level to 
its hanging location (a total of 6 feet (1.83 m) free fall distance) 
without interference, obstruction, or hitting the floor or ground during 
the test.
    (3) For all other systems. (i) A test weight of 220 pounds plus or 
minus 2 pounds (100 kg plus or minus 1.0 kg) should be used. (See 
paragraph (b)(4) of this appendix.)
    (ii) The free fall distance to be used in the test should be the 
maximum fall distance physically permitted by the system during normal 
use conditions, up to a maximum free fall distance for the test weight 
of 6 feet (1.83 m), except as follows:
    (A) For deceleration systems having a connection link or lanyard, 
the test weight should free fall a distance equal to the connection 
distance (measured between the centerline of the lifeline and the 
attachment point to the body harness).
    (B) For deceleration device systems with integral lifelines or 
lanyards that automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should free fall a distance equal to that 
permitted by the system in normal use. (For example, to test a system 
with a self-retracting lifeline or lanyard, the test weight should be 
supported and the system allowed to retract the lifeline or lanyard as 
it would in normal use. The test weight would then be released and the 
force and deceleration distance measured).
    (4) Failure. A system fails the force test when the recorded maximum 
arresting force exceeds 2,520 pounds (11.2 kN) when using a body 
harness.
    (5) Distances. The maximum elongation and deceleration distance 
should be recorded during the force test.
    (e) Deceleration device tests.
    (1) General. The device should be evaluated or tested under the 
environmental conditions (such as rain, ice, grease, dirt, and type of 
lifeline) for which the device is designed.
    (2) Rope-grab-type deceleration devices. (i) Devices should be moved 
on a lifeline 1,000 times over the same length of line a distance of not 
less than 1 foot (30.5 cm), and the mechanism should lock each time.
    (ii) Unless the device is permanently marked to indicate the type of 
lifelines that must be used, several types (different diameters and 
different materials), of lifelines should be used to test the device.
    (3) Other self-activating-type deceleration devices. The locking 
mechanisms of other self-activating-type deceleration devices designed 
for more than one arrest should lock each of 1,000 times as they would 
in normal service.
    Test methods for positioning systems (paragraph (e) of Sec.  
1910.140).
    (a) General. The following sets forth test procedures for 
positioning systems as defined in paragraph (e) of Sec.  1910.140. The 
requirements in this appendix for personal fall arrest systems set forth 
procedures that may be used, along with the procedures listed below, to 
determine compliance with the requirements for positioning systems.
    (b) Test conditions.
    (1) The fixed anchorage should be rigid and should not have a 
deflection greater than 0.04 inches (1 mm) when a force of 2,250 pounds 
(10 kN) is applied.
    (2) For window cleaners' belts, the complete belt should withstand a 
drop test consisting of a 250 pound (113 kg) weight falling free for a 
distance of 6 feet (1.83 m). The weight should be a rigid object with a 
girth of 38 inches plus or minus 4 inches (96 cm plus or minus 10 cm). 
The weight should be placed in the waistband with the belt buckle drawn 
firmly against the weight, as when the belt is worn by a window cleaner. 
One belt terminal should be attached to a rigid anchor and the other 
terminal should hang free. The terminals should be adjusted to their 
maximum span. The weight fastened in the freely suspended belt should 
then be lifted exactly 6 feet (1.83 m) above its ``at rest''

[[Page 467]]

position and released so as to permit a free fall of 6 feet (1.83 m) 
vertically below the point of attachment of the terminal anchor. The 
belt system should be equipped with devices and instrumentation capable 
of measuring the duration and magnitude of the arrest forces. Failure of 
the test should consist of any breakage or slippage sufficient to permit 
the weight to fall free of the system. In addition, the initial and 
subsequent arresting forces should be measured and should not exceed 
2,000 pounds (8.5 kN) for more than 2 milliseconds for the initial 
impact, or exceed 1,000 pounds (4.5 kN) for the remainder of the arrest 
time.
    (3) All other positioning systems (except for restraint line 
systems) should withstand a drop test consisting of a 250 pound (113 kg) 
weight free falling a distance of 4 feet (1.2 m). The weight must be a 
rigid object with a girth of 38 inches plus or minus 4 inches (96 cm 
plus or minus 10 cm). The body belt or harness should be affixed to the 
test weight as it would be to an employee. The system should be 
connected to the rigid anchor in the manner that the system would be 
connected in normal use. The weight should be lifted exactly 4 feet (1.2 
m) above its ``at rest'' position and released so as to permit a 
vertical free fall of 4 feet (1.2 m). Failure of the system should be 
indicated by any breakage or slippage sufficient to permit the weight to 
fall free to the ground.

[81 FR 83002, Nov. 18, 2016]



                Subpart J_General Environmental Controls

    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), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable.
    Sections 1910.141, 1910.142, 1910.145, 1910.146, and 1910.147 also 
issued under 29 CFR part 1911.



Sec.  1910.141  Sanitation.

    (a) General--(1) Scope. This section applies to permanent places of 
employment.
    (2) Definitions applicable to this section.
    Nonwater carriage toilet facility, means a toilet facility not 
connected to a sewer.
    Number of employees means, unless otherwise specified, the maximum 
number of employees present at any one time on a regular shift.
    Personal service room, means a room used for activities not directly 
connected with the production or service function performed by the 
establishment. Such activities include, but are not limited to, first-
aid, medical services, dressing, showering, toilet use, washing, and 
eating.
    Potable water means water that meets the standards for drinking 
purposes of the State or local authority having jurisdiction, or water 
that meets the quality standards prescribed by the U.S. Environmental 
Protection Agency's National Primary Drinking Water Regulations (40 CFR 
141).
    Toilet facility, means a fixture maintained within a toilet room for 
the purpose of defecation or urination, or both.
    Toilet room, means a room maintained within or on the premises of 
any place of employment, containing toilet facilities for use by 
employees.
    Toxic material means a material in concentration or amount which 
exceeds the applicable limit established by a standard, such as 
Sec. Sec.  1910.1000 and 1910.1001 or, in the absence of an applicable 
standard, which is of such toxicity so as to constitute a recognized 
hazard that is causing or is likely to cause death or serious physical 
harm.
    Urinal means a toilet facility maintained within a toilet room for 
the sole purpose of urination.
    Water closet means a toilet facility maintained within a toilet room 
for the purpose of both defecation and urination and which is flushed 
with water.
    Wet process means any process or operation in a workroom which 
normally results in surfaces upon which employees may walk or stand 
becoming wet.
    (3) Housekeeping. (i) All places of employment shall be kept clean 
to the extent that the nature of the work allows.
    (ii) The floor of every workroom shall be maintained, so far as 
practicable, in a dry condition. Where wet processes are used, drainage 
shall be maintained and false floors, platforms, mats, or other dry 
standing places shall be provided, where practicable, or appropriate 
waterproof footgear shall be provided.
    (iii) To facilitate cleaning, every floor, working place, and 
passageway shall be kept free from protruding nails, splinters, loose 
boards, and unnecessary holes and openings.

[[Page 468]]

    (4) Waste disposal. (i) Any receptacle used for putrescible solid or 
liquid waste or refuse shall be so constructed that it does not leak and 
may be thoroughly cleaned and maintained in a sanitary condition. Such a 
receptacle shall be equipped with a solid tight-fitting cover, unless it 
can be maintained in a sanitary condition without a cover. This 
requirement does not prohibit the use of receptacles which are designed 
to permit the maintenance of a sanitary condition without regard to the 
aforementioned requirements.
    (ii) All sweepings, solid or liquid wastes, refuse, and garbage 
shall be removed in such a manner as to avoid creating a menace to 
health and as often as necessary or appropriate to maintain the place of 
employment in a sanitary condition.
    (5) Vermin control. Every enclosed workplace shall be so 
constructed, equipped, and maintained, so far as reasonably practicable, 
as to prevent the entrance or harborage of rodents, insects, and other 
vermin. A continuing and effective extermination program shall be 
instituted where their presence is detected.
    (b) Water supply--(1) Potable water. (i) Potable water shall be 
provided in all places of employment, for drinking, washing of the 
person, cooking, washing of foods, washing of cooking or eating 
utensils, washing of food preparation or processing premises, and 
personal service rooms.
    (ii) [Reserved]
    (iii) Portable drinking water dispensers shall be designed, 
constructed, and serviced so that sanitary conditions are maintained, 
shall be capable of being closed, and shall be equipped with a tap.
    (iv) [Reserved]
    (v) Open containers such as barrels, pails, or tanks for drinking 
water from which the water must be dipped or poured, whether or not they 
are fitted with a cover, are prohibited.
    (vi) A common drinking cup and other common utensils are prohibited.
    (2) Nonpotable water. (i) Outlets for nonpotable water, such as 
water for industrial or firefighting purposes, shall be posted or 
otherwise marked in a manner that will indicate clearly that the water 
is unsafe and is not to be used for drinking, washing of the person, 
cooking, washing of food, washing of cooking or eating utensils, washing 
of food preparation or processing premises, or personal service rooms, 
or for washing clothes.
    (ii) Construction of nonpotable water systems or systems carrying 
any other nonpotable substance shall be such as to prevent backflow or 
backsiphonage into a potable water system.
    (iii) Nonpotable water shall not be used for washing any portion of 
the person, cooking or eating utensils, or clothing. Nonpotable water 
may be used for cleaning work premises, other than food processing and 
preparation premises and personal service rooms: Provided, That this 
nonpotable water does not contain concentrations of chemicals, fecal 
coliform, or other substances which could create insanitary conditions 
or be harmful to employees.
    (c) Toilet facilities--(1) General. (i) Except as otherwise 
indicated in this paragraph (c)(1)(i), toilet facilities, in toilet 
rooms separate for each sex, shall be provided in all places of 
employment in accordance with table J-1 of this section. The number of 
facilities to be provided for each sex shall be based on the number of 
employees of that sex for whom the facilities are furnished. Where 
toilet rooms will be occupied by no more than one person at a time, can 
be locked from the inside, and contain at least one water closet, 
separate toilet rooms for each sex need not be provided. Where such 
single-occupancy rooms have more than one toilet facility, only one such 
facility in each toilet room shall be counted for the purpose of table 
J-1.

                                Table J-1
------------------------------------------------------------------------
                                                                Minimum
                                                               number of
                     Number of employees                         water
                                                                closets
                                                                  \1\
------------------------------------------------------------------------
1 to 15.....................................................           1
16 to 35....................................................           2
36 to 55....................................................           3
56 to 80....................................................           4
81 to 110...................................................          5.
111 to 150..................................................           6
Over 150....................................................       (\2\)
------------------------------------------------------------------------
\1\ Where toilet facilities will not be used by women, urinals may be
  provided instead of water closets, except that the number of water
  closets in such cases shall not be reduced to less than \2/3\ of the
  minimum specified.
\2\ 1 additional fixture for each additional 40 employees.


[[Page 469]]

    (ii) The requirements of paragraph (c)(1)(i) of this section do not 
apply to mobile crews or to normally unattended work locations so long 
as employees working at these locations have transportation immediately 
available to nearby toilet facilities which meet the other requirements 
of this subparagraph.
    (iii) The sewage disposal method shall not endanger the health of 
employees.
    (2) Construction of toilet rooms. (i) Each water closet shall occupy 
a separate compartment with a door and walls or partitions between 
fixtures sufficiently high to assure privacy.
    (ii) [Reserved]
    (d) Washing facilities--(1) General. Washing facilities shall be 
maintained in a sanitary condition.
    (2) Lavatories. (i) Lavatories shall be made available in all places 
of employment. The requirements of this subdivision do not apply to 
mobile crews or to normally unattended work locations if employees 
working at these locations have transportation readily available to 
nearby washing facilities which meet the other requirements of this 
paragraph.
    (ii) Each lavatory shall be provided with hot and cold running 
water, or tepid running water.
    (iii) Hand soap or similar cleansing agents shall be provided.
    (iv) Individual hand towels or sections thereof, of cloth or paper, 
air blowers or clean individual sections of continuous cloth toweling, 
convenient to the lavatories, shall be provided.
    (3) Showers. (i) Whenever showers are required by a particular 
standard, the showers shall be provided in accordance with paragraphs 
(d)(3) (ii) through (v) of this section.
    (ii) One shower shall be provided for each 10 employees of each sex, 
or numerical fraction thereof, who are required to shower during the 
same shift.
    (iii) Body soap or other appropriate cleansing agents convenient to 
the showers shall be provided as specified in paragraph (d)(2)(iii) of 
this section.
    (iv) Showers shall be provided with hot and cold water feeding a 
common discharge line.
    (v) Employees who use showers shall be provided with individual 
clean towels.
    (e) Change rooms. Whenever employees are required by a particular 
standard to wear protective clothing because of the possibility of 
contamination with toxic materials, change rooms equipped with storage 
facilities for street clothes and separate storage facilities for the 
protective clothing shall be provided.
    (f) Clothes drying facilities. Where working clothes are provided by 
the employer and become wet or are washed between shifts, provision 
shall be made to insure that such clothing is dry before reuse.
    (g) Consumption of food and beverages on the premises--(1) 
Application. This paragraph shall apply only where employees are 
permitted to consume food or beverages, or both, on the premises.
    (2) Eating and drinking areas. No employee shall be allowed to 
consume food or beverages in a toilet room nor in any area exposed to a 
toxic material.
    (3) Waste disposal containers. Receptacles constructed of smooth, 
corrosion resistant, easily cleanable, or disposable materials, shall be 
provided and used for the disposal of waste food. The number, size, and 
location of such receptacles shall encourage their use and not result in 
overfilling. They shall be emptied not less frequently than once each 
working day, unless unused, and shall be maintained in a clean and 
sanitary condition. Receptacles shall be provided with a solid tight-
fitting cover unless sanitary conditions can be maintained without use 
of a cover.
    (4) Sanitary storage. No food or beverages shall be stored in toilet 
rooms or in an area exposed to a toxic material.
    (h) Food handling. All employee food service facilities and 
operations shall be carried out in accordance with sound hygienic 
principles. In all places of employment where all or part of the food 
service is provided, the food dispensed shall be wholesome, free from 
spoilage, and shall be processed, prepared, handled, and stored in such 
a

[[Page 470]]

manner as to be protected against contamination.

[39 FR 23502, June 27, 1974, as amended at 40 FR 18446, Apr. 28, 1975; 
40 FR 23073, May 28, 1975; 43 FR 49748, Oct. 24, 1978; 63 FR 33466, June 
18, 1998; 76 FR 33607, June 8, 2011]



Sec.  1910.142  Temporary labor camps.

    (a) Site. (1) All sites used for camps shall be adequately drained. 
They shall not be subject to periodic flooding, nor located within 200 
feet of swamps, pools, sink holes, or other surface collections of water 
unless such quiescent water surfaces can be subjected to mosquito 
control measures. The camp shall be located so the drainage from and 
through the camp will not endanger any domestic or public water supply. 
All sites shall be graded, ditched, and rendered free from depressions 
in which water may become a nuisance.
    (2) All sites shall be adequate in size to prevent overcrowding of 
necessary structures. The principal camp area in which food is prepared 
and served and where sleeping quarters are located shall be at least 500 
feet from any area in which livestock is kept.
    (3) The grounds and open areas surrounding the shelters shall be 
maintained in a clean and sanitary condition free from rubbish, debris, 
waste paper, garbage, or other refuse.
    (b) Shelter. (1) Every shelter in the camp shall be constructed in a 
manner which will provide protection against the elements.
    (2) Each room used for sleeping purposes shall contain at least 50 
square feet of floor space for each occupant. At least a 7-foot ceiling 
shall be provided.
    (3) Beds, cots, or bunks, and suitable storage facilities such as 
wall lockers for clothing and personal articles shall be provided in 
every room used for sleeping purposes. Such beds or similar facilities 
shall be spaced not closer than 36 inches both laterally and end to end, 
and shall be elevated at least 12 inches from the floor. If double-deck 
bunks are used, they shall be spaced not less than 48 inches both 
laterally and end to end. The minimum clear space between the lower and 
upper bunk shall be not less than 27 inches. Triple-deck bunks are 
prohibited.
    (4) The floors of each shelter shall be constructed of wood, 
asphalt, or concrete. Wooden floors shall be of smooth and tight 
construction. The floors shall be kept in good repair.
    (5) All wooden floors shall be elevated not less than 1 foot above 
the ground level at all points to prevent dampness and to permit free 
circulation of air beneath.
    (6) Nothing in this section shall be construed to prohibit 
``banking'' with earth or other suitable material around the outside 
walls in areas subject to extreme low temperatures.
    (7) All living quarters shall be provided with windows the total of 
which shall be not less than one-tenth of the floor area. At least one-
half of each window shall be so constructed that it can be opened for 
purposes of ventilation.
    (8) All exterior openings shall be effectively screened with 16-mesh 
material. All screen doors shall be equipped with self-closing devices.
    (9) In a room where workers cook, live, and sleep a minimum of 100 
square feet per person shall be provided. Sanitary facilities shall be 
provided for storing and preparing food.
    (10) In camps where cooking facilities are used in common, stoves 
(in ratio of one stove to 10 persons or one stove to two families) shall 
be provided in an enclosed and screened shelter. Sanitary facilities 
shall be provided for storing and preparing food.
    (11) All heating, cooking, and water heating equipment shall be 
installed in accordance with State and local ordinances, codes, and 
regulations governing such installations. If a camp is used during cold 
weather, adequate heating equipment shall be provided.
    (c) Water supply. (1) An adequate and convenient water supply, 
approved by the appropriate health authority, shall be provided in each 
camp for drinking, cooking, bathing, and laundry purposes.
    (2) A water supply shall be deemed adequate if it is capable of 
delivering 35 gallons per person per day to the campsite at a peak rate 
of 2\1/2\ times the average hourly demand.

[[Page 471]]

    (3) The distribution lines shall be capable of supplying water at 
normal operating pressures to all fixtures for simultaneous operation. 
Water outlets shall be distributed throughout the camp in such a manner 
that no shelter is more than 100 feet from a yard hydrant if water is 
not piped to the shelters.
    (4) Where water under pressure is available, one or more drinking 
fountains shall be provided for each 100 occupants or fraction thereof. 
Common drinking cups are prohibited.
    (d) Toilet facilities. (1) Toilet facilities adequate for the 
capacity of the camp shall be provided.
    (2) Each toilet room shall be located so as to be accessible without 
any individual passing through any sleeping room. Toilet rooms shall 
have a window not less than 6 square feet in area opening directly to 
the outside area or otherwise be satisfactorily ventilated. All outside 
openings shall be screened with 16-mesh material. No fixture, water 
closet, chemical toilet, or urinal shall be located in a room used for 
other than toilet purposes.
    (3) A toilet room shall be located within 200 feet of the door of 
each sleeping room. No privy shall be closer than 100 feet to any 
sleeping room, dining room, lunch area, or kitchen.
    (4) Where the toilet rooms are shared, such as in multifamily 
shelters and in barracks type facilities, separate toilet rooms shall be 
provided for each sex. These rooms shall be distinctly marked ``for 
men'' and ``for women'' by signs printed in English and in the native 
language of the persons occupying the camp, or marked with easily 
understood pictures or symbols. If the facilities for each sex are in 
the same building, they shall be separated by solid walls or partitions 
extending from the floor to the roof or ceiling.
    (5) Where toilet facilities are shared, the number of water closets 
or privy seats provided for each sex shall be based on the maximum 
number of persons of that sex which the camp is designed to house at any 
one time, in the ratio of one such unit to each 15 persons, with a 
minimum of two units for any shared facility.
    (6) Urinals shall be provided on the basis of one unit or 2 linear 
feet of urinal trough for each 25 men. The floor from the wall and for a 
distance not less than 15 inches measured from the outward edge of the 
urinals shall be constructed of materials impervious to moisture. Where 
water under pressure is available, urinals shall be provided with an 
adequate water flush. Urinal troughs in privies shall drain freely into 
the pit or vault and the construction of this drain shall be such as to 
exclude flies and rodents from the pit.
    (7) Every water closet installed on or after August 31, 1971, shall 
be located in a toilet room.
    (8) Each toilet room shall be lighted naturally, or artificially by 
a safe type of lighting at all hours of the day and night.
    (9) An adequate supply of toilet paper shall be provided in each 
privy, water closet, or chemical toilet compartment.
    (10) Privies and toilet rooms shall be kept in a sanitary condition. 
They shall be cleaned at least daily.
    (e) Sewage disposal facilities. In camps where public sewers are 
available, all sewer lines and floor drains from buildings shall be 
connected thereto.
    (f) Laundry, handwashing, and bathing facilities. (1) Laundry, 
handwashing, and bathing facilities shall be provided in the following 
ratio:
    (i) Handwash basin per family shelter or per six persons in shared 
facilities.
    (ii) Shower head for every 10 persons.
    (iii) Laundry tray or tub for every 30 persons.
    (iv) Slop sink in each building used for laundry, hand washing, and 
bathing.
    (2) Floors shall be of smooth finish but not slippery materials; 
they shall be impervious to moisture. Floor drains shall be provided in 
all shower baths, shower rooms, or laundry rooms to remove waste water 
and facilitate cleaning. All junctions of the curbing and the floor 
shall be coved. The walls and partitions of shower rooms shall be smooth 
and impervious to the height of splash.
    (3) An adequate supply of hot and cold running water shall be 
provided for bathing and laundry purposes. Facilities for heating water 
shall be provided.

[[Page 472]]

    (4) Every service building shall be provided with equipment capable 
of maintaining a temperature of at least 70 [deg]F. during cold weather.
    (5) Facilities for drying clothes shall be provided.
    (6) All service buildings shall be kept clean.
    (g) Lighting. Where electric service is available, each habitable 
room in a camp shall be provided with at least one ceiling-type light 
fixture and at least one separate floor- or wall-type convenience 
outlet. Laundry and toilet rooms and rooms where people congregate shall 
contain at least one ceiling- or wall-type fixture. Light levels in 
toilet and storage rooms shall be at least 20 foot-candles 30 inches 
from the floor. Other rooms, including kitchens and living quarters, 
shall be at least 30 foot-candles 30 inches from the floor.
    (h) Refuse disposal. (1) Fly-tight, rodent-tight, impervious, 
cleanable or single service containers, approved by the appropriate 
health authority shall be provided for the storage of garbage. At least 
one such container shall be provided for each family shelter and shall 
be located within 100 feet of each shelter on a wooden, metal, or 
concrete stand.
    (2) Garbage containers shall be kept clean.
    (3) Garbage containers shall be emptied when full, but not less than 
twice a week.
    (i) Construction and operation of kitchens, dining hall, and feeding 
facilities. (1) In all camps where central dining or multiple family 
feeding operations are permitted or provided, the food handling 
facilities shall comply with the requirements of the ``Food Service 
Sanitation Ordinance and Code,'' Part V of the ``Food Service Sanitation 
Manual,'' U.S. Public Health Service Publication 934 (1965), which is 
incorporated by reference as specified in Sec.  1910.6.
    (2) A properly constructed kitchen and dining hall adequate in size, 
separate from the sleeping quarters of any of the workers or their 
families, shall be provided in connection with all food handling 
facilities. There shall be no direct opening from living or sleeping 
quarters into a kitchen or dining hall.
    (3) No person with any communicable disease shall be employed or 
permitted to work in the preparation, cooking, serving, or other 
handling of food, foodstuffs, or materials used therein, in any kitchen 
or dining room operated in connection with a camp or regularly used by 
persons living in a camp.
    (j) Insect and rodent control. Effective measures shall be taken to 
prevent infestation by and harborage of animal or insect vectors or 
pests.
    (k) First aid. (1) Adequate first aid facilities approved by a 
health authority shall be maintained and made available in every labor 
camp for the emergency treatment of injured persons.
    (2) Such facilities shall be in charge of a person trained to 
administer first aid and shall be readily accessible for use at all 
times.
    (l) Reporting communicable disease. (1) It shall be the duty of the 
camp superintendent to report immediately to the local health officer 
the name and address of any individual in the camp known to have or 
suspected of having a communicable disease.
    (2) Whenever there shall occur in any camp a case of suspected food 
poisoning or an unusual prevalence of any illness in which fever, 
diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, it 
shall be the duty of the camp superintendent to report immediately the 
existence of the outbreak to the health authority by telegram, 
telephone, electronic mail or any other method that is equally fast.

[39 FR 23502, June 27, 1974, as amended at 47 FR 14696, Apr. 6, 1982; 49 
FR 18295, Apr. 30, 1984; 61 FR 9238, Mar. 7, 1996; 63 FR 33466, June 18, 
1998; 70 FR 1141, Jan. 5, 2005; 70 FR 53929, Sept. 13, 2005]



Sec.  1910.143  Nonwater carriage disposal systems. [Reserved]



Sec.  1910.144  Safety color code for marking physical hazards.

    (a) Color identification--(1) Red. Red shall be the basic color for 
the identification of:
    (i) Fire protection equipment and apparatus. [Reserved]
    (ii) Danger. Safety cans or other portable containers of flammable 
liquids having a flash point at or below 80 [deg]F, table containers of 
flammable liquids (open cup tester), excluding shipping

[[Page 473]]

containers, shall be painted red with some additional clearly visible 
identification either in the form of a yellow band around the can or the 
name of the contents conspicuously stenciled or painted on the can in 
yellow. Red lights shall be provided at barricades and at temporary 
obstructions. Danger signs shall be painted red.
    (iii) Stop. Emergency stop bars on hazardous machines such as rubber 
mills, wire blocks, flat work ironers, etc., shall be red. Stop buttons 
or electrical switches which letters or other markings appear, used for 
emergency stopping of machinery shall be red.
    (2) [Reserved]
    (3) Yellow. Yellow shall be the basic color for designating caution 
and for marking physical hazards such as: Striking against, stumbling, 
falling, tripping, and ``caught in between.''
    (b) [Reserved]

[39 FR 23502, June 27, 1974, as amended at 43 FR 49748, Oct. 24, 1978; 
49 FR 5322, Feb. 10, 1984; 61 FR 9239, Mar. 7, 1996; 72 FR 71069, Dec. 
14, 2007]



Sec.  1910.145  Specifications for accident prevention signs and tags.

    (a) Scope. (1) These specifications apply to the design, 
application, and use of signs or symbols (as included in paragraphs (c) 
through (e) of this section) intended to indicate and, insofar as 
possible, to define specific hazards of a nature such that failure to 
designate them may lead to accidental injury to workers or the public, 
or both, or to property damage. These specifications are intended to 
cover all safety signs except those designed for streets, highways, and 
railroads. These specifications do not apply to plant bulletin boards or 
to safety posters.
    (2) All new signs and replacements of old signs shall be in 
accordance with these specifications.
    (b) Definitions. As used in this section, the word sign refers to a 
surface on prepared for the warning of, or safety instructions of, 
industrial workers or members of the public who may be exposed to 
hazards. Excluded from this definition, however, are news releases, 
displays commonly known as safety posters, and bulletins used for 
employee education.
    (c) Classification of signs according to use--(1) Danger signs. (i) 
There shall be no variation in the type of design of signs posted to 
warn of specific dangers and radiation hazards.
    (ii) All employees shall be instructed that danger signs indicate 
immediate danger and that special precautions are necessary.
    (2) Caution signs. (i) Caution signs shall be used only to warn 
against potential hazards or to caution against unsafe practices.
    (ii) All employees shall be instructed that caution signs indicate a 
possible hazard against which proper precaution should be taken.
    (3) Safety instruction signs. Safety instruction signs shall be used 
where there is a need for general instructions and suggestions relative 
to safety measures.
    (d) Sign design--(1) Design features. All signs shall be furnished 
with rounded or blunt corners and shall be free from sharp edges, burrs, 
splinters, or other sharp projections. The ends or heads of bolts or 
other fastening devices shall be located in such a way that they do not 
constitute a hazard.
    (2) Danger signs. The colors red, black, and white shall be those of 
opaque glossy samples as specified in Table 1, ``Fundamental 
Specification of Safety Colors for CIE Standard Source `C,' '' of ANSI 
Z53.1-1967 or in Table 1, ``Specification of the Safety Colors for CIE 
Illuminate C and the CIE 1931, 2 Standard Observer,'' of ANSI Z535.1-
2006(R2011), incorporated by reference in Sec.  1910.6.
    (3) [Reserved]
    (4) Caution signs. The standard color of the background shall be 
yellow; and the panel, black with yellow letters. Any letters used 
against the yellow background shall be black. The colors shall be those 
of opaque glossy samples as specified in Table 1 of ANSI Z53.1-1967 or 
Table 1 of ANSI Z535.1-2006(R2011), incorporated by reference in Sec.  
1910.6.
    (5) [Reserved]
    (6) Safety instruction signs. The standard color of the background 
shall be white; and the panel, green with white letters. Any letters 
used against the white background shall be black. The colors shall be 
those of opaque glossy

[[Page 474]]

samples as specified in Table 1 of ANSI Z53.1-1967 or in Table 1 of ANSI 
Z535.1-2006(R2011), incorporated by reference in Sec.  1910.6.
    (7)-(9) [Reserved]
    (10) Slow-moving vehicle emblem. This emblem (see fig. J-7) consists 
of a fluorescent yellow-orange triangle with a dark red reflective 
border. The yellow-orange fluorescent triangle is a highly visible color 
for daylight exposure. The reflective border defines the shape of the 
fluorescent color in daylight and creates a hollow red triangle in the 
path of motor vehicle headlights at night. The emblem is intended as a 
unique identification for, and it shall be used only on, vehicles which 
by design move slowly (25 m.p.h. or less) on the public roads. The 
emblem is not a clearance marker for wide machinery nor is it intended 
to replace required lighting or marking of slow-moving vehicles. Neither 
the color film pattern and its dimensions nor the backing shall be 
altered to permit use of advertising or other markings. The material, 
location, mounting, etc., of the emblem shall be in accordance with the 
American Society of Agricultural Engineers Emblem for Identifying Slow-
Moving Vehicles, ASAE R276, 1967, or ASAE S276.2 (ANSI B114.1-1971), 
which are incorporated by reference as specified in Sec.  1910.6.
[GRAPHIC] [TIFF OMITTED] TC27OC91.028

                 Figure J-7--Slow-Moving Vehicle Emblem
    Note: All dimensions are in inches.

    (e) Sign wordings. (1) [Reserved]
    (2) Nature of wording. The wording of any sign should be easily read 
and concise. The sign should contain sufficient information to be easily 
understood. The wording should make a positive, rather than negative 
suggestion and should be accurate in fact.
    (3) [Reserved]
    (4) Biological hazard signs. The biological hazard warning shall be 
used to signify the actual or potential presence of a biohazard and to 
identify equipment, containers, rooms, materials, experimental animals, 
or combinations thereof, which contain, or are contaminated with, viable 
hazardous agents. For the purpose of this subparagraph the term 
``biological hazard,'' or ``biohazard,'' shall include only those 
infectious agents presenting a risk or potential risk to the well-being 
of man.
    (f) Accident prevention tags--(1) Scope and application. (i) This 
paragraph (f) applies to all accident prevention tags used to identify 
hazardous conditions and provide a message to employees with respect to 
hazardous conditions as set forth in paragraph (f)(3) of this section, 
or to meet the specific tagging requirements of other OSHA standards.
    (ii) This paragraph (f) does not apply to construction or 
agriculture.
    (2) Definitions. Biological hazard or BIOHAZARD means those 
infectious agents presenting a risk of death, injury or illness to 
employees.
    Major message means that portion of a tag's inscription that is more 
specific than the signal word and that indicates the specific hazardous 
condition or the instruction to be communicated to the employee. 
Examples include: ``High Voltage,'' ``Close Clearance,'' ``Do Not 
Start,'' or ``Do Not Use'' or a corresponding pictograph used with a 
written text or alone.
    Pictograph means a pictorial representation used to identify a 
hazardous condition or to convey a safety instruction.
    Signal word means that portion of a tag's inscription that contains 
the word or words that are intended to capture the employee's immediate 
attention.
    Tag means a device usually made of card, paper, pasteboard, plastic 
or other material used to identify a hazardous condition.
    (3) Use. Tags shall be used as a means to prevent accidental injury 
or illness

[[Page 475]]

to employees who are exposed to hazardous or potentially hazardous 
conditions, equipment or operations which are out of the ordinary, 
unexpected or not readily apparent. Tags shall be used until such time 
as the identified hazard is eliminated or the hazardous operation is 
completed. Tags need not be used where signs, guarding or other positive 
means of protection are being used.
    (4) General tag criteria. All required tags shall meet the following 
criteria:
    (i) Tags shall contain a signal word and a major message.
    (A) The signal word shall be either ``Danger,'' ``Caution,'' or 
``Biological Hazard,'' ``BIOHAZARD,'' or the biological hazard symbol.
    (B) The major message shall indicate the specific hazardous 
condition or the instruction to be communicated to the employee.
    (ii) The signal word shall be readable at a minimum distance of five 
feet (1.52 m) or such greater distance as warranted by the hazard.
    (iii) The tag's major message shall be presented in either 
pictographs, written text or both.
    (iv) The signal word and the major message shall be understandable 
to all employees who may be exposed to the identified hazard.
    (v) All employees shall be informed as to the meaning of the various 
tags used throughout the workplace and what special precautions are 
necessary.
    (vi) Tags shall be affixed as close as safely possible to their 
respective hazards by a positive means such as string, wire, or adhesive 
that prevents their loss or unintentional removal.
    (5) Danger tags. Danger tags shall be used in major hazard 
situations where an immediate hazard presents a threat of death or 
serious injury to employees. Danger tags shall be used only in these 
situations.
    (6) Caution tags. Caution tags shall be used in minor hazard 
situations where a non-immediate or potential hazard or unsafe practice 
presents a lesser threat of employee injury. Caution tags shall be used 
only in these situations.
    (7) Warning tags. Warning tags may be used to represent a hazard 
level between ``Caution'' and ``Danger,'' instead of the required 
``Caution'' tag, provided that they have a signal word of ``Warning,'' 
an appropriate major message, and otherwise meet the general tag 
criteria of paragraph (f)(4) of this section.
    (8) Biological hazard tags. (i) Biological hazard tags shall be used 
to identify the actual or potential presence of a biological hazard and 
to identify equipment, containers, rooms, experimental animals, or 
combinations thereof, that contain or are contaminated with hazardous 
biological agents.
    (ii) The symbol design for biological hazard tags shall conform to 
the design shown below:
[GRAPHIC] [TIFF OMITTED] TC27OC91.086

                 Biological Hazard Symbol Configuration
    (9) Other tags. Other tags may be used in addition to those required 
by this paragraph (f), or in other situations where this paragraph (f) 
does not require tags, provided that they do not detract from the impact 
or visibility of the signal word and major message of any required tag.

        Appendixes to Sec.  1910.145(f), Accident Prevention Tags

        Appendix A to Sec.  1910.145(f)--Recommended Color Coding

    While the standard does not specifically mandate colors to be used 
on accident prevention tags, the following color scheme is recommended 
by OSHA for meeting the requirements of this section:

[[Page 476]]

    ``DANGER''--Red, or predominantly red, with lettering or symbols in 
a contrasting color.
    ``CAUTION''--Yellow, or predominantly yellow, with lettering or 
symbols in a contrasting color.
    ``WARNING''--Orange, or predominantly orange, with lettering or 
symbols in a contrasting color.
    ``BIOLOGICAL HAZARD''--Fluorescent orange or orange-red, or 
predominantly so, with lettering or symbols in a contrasting color.

   Appendix B to Sec.  1910.145(f)--References for Further Information

    The following references provide information which can be helpful in 
understanding the requirements contained in various sections of the 
standard:

    1. Bresnahan, Thomas F., and Bryk, Joseph, ``The Hazard Association 
Values of Accident Prevention Signs'', Journal of American Society of 
Safety Engineers; January 1975.
    2. Dreyfuss, H., Symbol Sourcebook, McGraw Hill; New York, NY, 1972.
    3. Glass, R.A. and others, Some Criteria for Colors and Signs in 
Workplaces, National Bureau of Standards, Washington DC, 1983.
    4. Graphic Symbols for Public Areas and Occupational Environments, 
Treasury Board of Canada, Ottawa, Canada, July 1980.
    5. Howett, G.L., Size of Letters Required for Visibility as a 
Function of Viewing Distance and Observer Acuity, National Bureau of 
Standards, Washington DC, July 1983.
    6. Lerner, N.D. and Collins, B.L., The Assessment of Safety Symbol 
Understandability by Different Testing Methods, National Bureau of 
Standards, Washington DC, 1980.
    7. Lerner, N.D. and Collins, B.L., Workplace Safety Symbols, 
National Bureau of Standards, Washington DC, 1980.
    8. Modley, R. and Meyers, W.R., Handbook of Pictorial Symbols, Dover 
Publication, New York, NY, 1976.
    9. Product Safety Signs and Labels, FMC Corporation, Santa Clara, 
CA, 1978.
    10. Safety Color Coding for Marking Physical Hazards, Z53.1, 
American National Standards Institute, New York, NY, 1979.
    11. Signs and Symbols for the Occupational Environment, Can. 3-Z-
321-77, Canadian Standards Association, Ottawa, September 1977.
    12. Symbols for Industrial Safety, National Bureau of Standards, 
Washington DC, April 1982.
    13. Symbol Signs, U.S. Department of Transportation, Washington DC, 
November 1974.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49749, Oct. 24, 1978; 
43 FR 51759, Nov. 7, 1978; 49 FR 5322, Feb. 10, 1984; 51 FR 33260, Sept. 
19, 1986; 61 FR 9239, Mar. 7, 1996; 76 FR 24698, May 2, 2011; 76 FR 
44265, July 25, 2011; 78 FR 35566, June 13, 2013]



Sec.  1910.146  Permit-required confined spaces.

    (a) Scope and application. This section contains requirements for 
practices and procedures to protect employees in general industry from 
the hazards of entry into permit-required confined spaces. This section 
does not apply to agriculture, to construction, or to shipyard 
employment (parts 1928, 1926, and 1915 of this chapter, respectively).
    (b) Definitions.
    Acceptable entry conditions means the conditions that must exist in 
a permit space to allow entry and to ensure that employees involved with 
a permit-required confined space entry can safely enter into and work 
within the space.
    Attendant means an individual stationed outside one or more permit 
spaces who monitors the authorized entrants and who performs all 
attendant's duties assigned in the employer's permit space program.
    Authorized entrant means an employee who is authorized by the 
employer to enter a permit space.
    Blanking or blinding means the absolute closure of a pipe, line, or 
duct by the fastening of a solid plate (such as a spectacle blind or a 
skillet blind) that completely covers the bore and that is capable of 
withstanding the maximum pressure of the pipe, line, or duct with no 
leakage beyond the plate.
    Confined space means a space that:
    (1) Is large enough and so configured that an employee can bodily 
enter and perform assigned work; and
    (2) Has limited or restricted means for entry or exit (for example, 
tanks, vessels, silos, storage bins, hoppers, vaults, and pits are 
spaces that may have limited means of entry.); and
    (3) Is not designed for continuous employee occupancy.
    Double block and bleed means the closure of a line, duct, or pipe by 
closing and locking or tagging two in-line valves and by opening and 
locking or tagging a drain or vent valve in the line between the two 
closed valves.
    Emergency means any occurrence (including any failure of hazard 
control or monitoring equipment) or event internal or external to the 
permit space that could endanger entrants.
    Engulfment means the surrounding and effective capture of a person 
by a

[[Page 477]]

liquid or finely divided (flowable) solid substance that can be 
aspirated to cause death by filling or plugging the respiratory system 
or that can exert enough force on the body to cause death by 
strangulation, constriction, or crushing.
    Entry means the action by which a person passes through an opening 
into a permit-required confined space. Entry includes ensuing work 
activities in that space and is considered to have occurred as soon as 
any part of the entrant's body breaks the plane of an opening into the 
space.
    Entry permit (permit) means the written or printed document that is 
provided by the employer to allow and control entry into a permit space 
and that contains the information specified in paragraph (f) of this 
section.
    Entry supervisor means the person (such as the employer, foreman, or 
crew chief) responsible for determining if acceptable entry conditions 
are present at a permit space where entry is planned, for authorizing 
entry and overseeing entry operations, and for terminating entry as 
required by this section.

    Note: An entry supervisor also may serve as an attendant or as an 
authorized entrant, as long as that person is trained and equipped as 
required by this section for each role he or she fills. Also, the duties 
of entry supervisor may be passed from one individual to another during 
the course of an entry operation.

    Hazardous atmosphere means an atmosphere that may expose employees 
to the risk of death, incapacitation, impairment of ability to self-
rescue (that is, escape unaided from a permit space), injury, or acute 
illness from one or more of the following causes:
    (1) Flammable gas, vapor, or mist in excess of 10 percent of its 
lower flammable limit (LFL);
    (2) Airborne combustible dust at a concentration that meets or 
exceeds its LFL;

    Note: This concentration may be approximated as a condition in which 
the dust obscures vision at a distance of 5 feet (1.52 m) or less.

    (3) Atmospheric oxygen concentration below 19.5 percent or above 
23.5 percent;
    (4) Atmospheric concentration of any substance for which a dose or a 
permissible exposure limit is published in subpart G, Occupational 
Health and Environmental Control, or in subpart Z, Toxic and Hazardous 
Substances, of this part and which could result in employee exposure in 
excess of its dose or permissible exposure limit;

    Note: An atmospheric concentration of any substance that is not 
capable of causing death, incapacitation, impairment of ability to self-
rescue, injury, or acute illness due to its health effects is not 
covered by this provision.

    (5) Any other atmospheric condition that is immediately dangerous to 
life or health.

    Note: For air contaminants for which OSHA has not determined a dose 
or permissible exposure limit, other sources of information, such as 
Material Safety Data Sheets that comply with the Hazard Communication 
Standard, Sec.  1910.1200 of this part, published information, and 
internal documents can provide guidance in establishing acceptable 
atmospheric conditions.

    Hot work permit means the employer's written authorization to 
perform operations (for example, riveting, welding, cutting, burning, 
and heating) capable of providing a source of ignition.
    Immediately dangerous to life or health (IDLH) means any condition 
that poses an immediate or delayed threat to life or that would cause 
irreversible adverse health effects or that would interfere with an 
individual's ability to escape unaided from a permit space.

    Note: Some materials--hydrogen fluoride gas and cadmium vapor, for 
example--may produce immediate transient effects that, even if severe, 
may pass without medical attention, but are followed by sudden, possibly 
fatal collapse 12-72 hours after exposure. The victim ``feels normal'' 
from recovery from transient effects until collapse. Such materials in 
hazardous quantities are considered to be ``immediately'' dangerous to 
life or health.

    Inerting means the displacement of the atmosphere in a permit space 
by a noncombustible gas (such as nitrogen) to such an extent that the 
resulting atmosphere is noncombustible.

    Note: This procedure produces an IDLH oxygen-deficient atmosphere.


[[Page 478]]


    Isolation means the process by which a permit space is removed from 
service and completely protected against the release of energy and 
material into the space by such means as: blanking or blinding; 
misaligning or removing sections of lines, pipes, or ducts; a double 
block and bleed system; lockout or tagout of all sources of energy; or 
blocking or disconnecting all mechanical linkages.
    Line breaking means the intentional opening of a pipe, line, or duct 
that is or has been carrying flammable, corrosive, or toxic material, an 
inert gas, or any fluid at a volume, pressure, or temperature capable of 
causing injury.
    Non-permit confined space means a confined space that does not 
contain or, with respect to atmospheric hazards, have the potential to 
contain any hazard capable of causing death or serious physical harm.
    Oxygen deficient atmosphere means an atmosphere containing less than 
19.5 percent oxygen by volume.
    Oxygen enriched atmosphere means an atmosphere containing more than 
23.5 percent oxygen by volume.
    Permit-required confined space (permit space) means a confined space 
that has one or more of the following characteristics:
    (1) Contains or has a potential to contain a hazardous atmosphere;
    (2) Contains a material that has the potential for engulfing an 
entrant;
    (3) Has an internal configuration such that an entrant could be 
trapped or asphyxiated by inwardly converging walls or by a floor which 
slopes downward and tapers to a smaller cross- section; or
    (4) Contains any other recognized serious safety or health hazard.
    Permit-required confined space program (permit space program) means 
the employer's overall program for controlling, and, where appropriate, 
for protecting employees from, permit space hazards and for regulating 
employee entry into permit spaces.
    Permit system means the employer's written procedure for preparing 
and issuing permits for entry and for returning the permit space to 
service following termination of entry.
    Prohibited condition means any condition in a permit space that is 
not allowed by the permit during the period when entry is authorized.
    Rescue service means the personnel designated to rescue employees 
from permit spaces.
    Retrieval system means the equipment (including a retrieval line, 
chest or full-body harness, wristlets, if appropriate, and a lifting 
device or anchor) used for non-entry rescue of persons from permit 
spaces.
    Testing means the process by which the hazards that may confront 
entrants of a permit space are identified and evaluated. Testing 
includes specifying the tests that are to be performed in the permit 
space.

    Note: Testing enables employers both to devise and implement 
adequate control measures for the protection of authorized entrants and 
to determine if acceptable entry conditions are present immediately 
prior to, and during, entry.

    (c) General requirements. (1) The employer shall evaluate the 
workplace to determine if any spaces are permit- required confined 
spaces.

    Note: Proper application of the decision flow chart in appendix A to 
Sec.  1910.146 would facilitate compliance with this requirement.

    (2) If the workplace contains permit spaces, the employer shall 
inform exposed employees, by posting danger signs or by any other 
equally effective means, of the existence and location of and the danger 
posed by the permit spaces.

    Note: A sign reading ``DANGER--PERMIT-REQUIRED CONFINED SPACE, DO 
NOT ENTER'' or using other similar language would satisfy the 
requirement for a sign.

    (3) If the employer decides that its employees will not enter permit 
spaces, the employer shall take effective measures to prevent its 
employees from entering the permit spaces and shall comply with 
paragraphs (c)(1), (c)(2), (c)(6), and (c)(8) of this section.
    (4) If the employer decides that its employees will enter permit 
spaces, the employer shall develop and implement a written permit space 
program that complies with this section. The written program shall be 
available for inspection by employees and their authorized 
representatives.
    (5) An employer may use the alternate procedures specified in 
paragraph

[[Page 479]]

(c)(5)(ii) of this section for entering a permit space under the 
conditions set forth in paragraph (c)(5)(i) of this section.
    (i) An employer whose employees enter a permit space need not comply 
with paragraphs (d) through (f) and (h) through (k) of this section, 
provided that:
    (A) The employer can demonstrate that the only hazard posed by the 
permit space is an actual or potential hazardous atmosphere;
    (B) The employer can demonstrate that continuous forced air 
ventilation alone is sufficient to maintain that permit space safe for 
entry;
    (C) The employer develops monitoring and inspection data that 
supports the demonstrations required by paragraphs (c)(5)(i)(A) and 
(c)(5)(i)(B) of this section;
    (D) If an initial entry of the permit space is necessary to obtain 
the data required by paragraph (c)(5)(i)(C) of this section, the entry 
is performed in compliance with paragraphs (d) through (k) of this 
section;
    (E) The determinations and supporting data required by paragraphs 
(c)(5)(i)(A), (c)(5)(i)(B), and (c)(5)(i)(C) of this section are 
documented by the employer and are made available to each employee who 
enters the permit space under the terms of paragraph (c)(5) of this 
section or to that employee's authorized representative; and
    (F) Entry into the permit space under the terms of paragraph 
(c)(5)(i) of this section is performed in accordance with the 
requirements of paragraph (c)(5)(ii) of this section.

    Note: See paragraph (c)(7) of this section for reclassification of a 
permit space after all hazards within the space have been eliminated.

    (ii) The following requirements apply to entry into permit spaces 
that meet the conditions set forth in paragraph (c)(5)(i) of this 
section.
    (A) Any conditions making it unsafe to remove an entrance cover 
shall be eliminated before the cover is removed.
    (B) When entrance covers are removed, the opening shall be promptly 
guarded by a railing, temporary cover, or other temporary barrier that 
will prevent an accidental fall through the opening and that will 
protect each employee working in the space from foreign objects entering 
the space.
    (C) Before an employee enters the space, the internal atmosphere 
shall be tested, with a calibrated direct-reading instrument, for oxygen 
content, for flammable gases and vapors, and for potential toxic air 
contaminants, in that order. Any employee who enters the space, or that 
employee's authorized representative, shall be provided an opportunity 
to observe the pre-entry testing required by this paragraph.
    (D) There may be no hazardous atmosphere within the space whenever 
any employee is inside the space.
    (E) Continuous forced air ventilation shall be used, as follows:
    (1) An employee may not enter the space until the forced air 
ventilation has eliminated any hazardous atmosphere;
    (2) The forced air ventilation shall be so directed as to ventilate 
the immediate areas where an employee is or will be present within the 
space and shall continue until all employees have left the space;
    (3) The air supply for the forced air ventilation shall be from a 
clean source and may not increase the hazards in the space.
    (F) The atmosphere within the space shall be periodically tested as 
necessary to ensure that the continuous forced air ventilation is 
preventing the accumulation of a hazardous atmosphere. Any employee who 
enters the space, or that employee's authorized representative, shall be 
provided with an opportunity to observe the periodic testing required by 
this paragraph.
    (G) If a hazardous atmosphere is detected during entry:
    (1) Each employee shall leave the space immediately;
    (2) The space shall be evaluated to determine how the hazardous 
atmosphere developed; and
    (3) Measures shall be implemented to protect employees from the 
hazardous atmosphere before any subsequent entry takes place.
    (H) The employer shall verify that the space is safe for entry and 
that the pre-entry measures required by paragraph (c)(5)(ii) of this 
section have been taken, through a written certification

[[Page 480]]

that contains the date, the location of the space, and the signature of 
the person providing the certification. The certification shall be made 
before entry and shall be made available to each employee entering the 
space or to that employee's authorized representative .
    (6) When there are changes in the use or configuration of a non-
permit confined space that might increase the hazards to entrants, the 
employer shall reevaluate that space and, if necessary, reclassify it as 
a permit-required confined space.
    (7) A space classified by the employer as a permit-required confined 
space may be reclassified as a non-permit confined space under the 
following procedures:
    (i) If the permit space poses no actual or potential atmospheric 
hazards and if all hazards within the space are eliminated without entry 
into the space, the permit space may be reclassified as a non-permit 
confined space for as long as the non-atmospheric hazards remain 
eliminated.
    (ii) If it is necessary to enter the permit space to eliminate 
hazards, such entry shall be performed under paragraphs (d) through (k) 
of this section. If testing and inspection during that entry demonstrate 
that the hazards within the permit space have been eliminated, the 
permit space may be reclassified as a non-permit confined space for as 
long as the hazards remain eliminated.

    Note: Control of atmospheric hazards through forced air ventilation 
does not constitute elimination of the hazards. Paragraph (c)(5) covers 
permit space entry where the employer can demonstrate that forced air 
ventilation alone will control all hazards in the space.

    (iii) The employer shall document the basis for determining that all 
hazards in a permit space have been eliminated, through a certification 
that contains the date, the location of the space, and the signature of 
the person making the determination. The certification shall be made 
available to each employee entering the space or to that employee's 
authorized representative.
    (iv) If hazards arise within a permit space that has been 
declassified to a non-permit space under paragraph (c)(7) of this 
section, each employee in the space shall exit the space. The employer 
shall then reevaluate the space and determine whether it must be 
reclassified as a permit space, in accordance with other applicable 
provisions of this section.
    (8) When an employer (host employer) arranges to have employees of 
another employer (contractor) perform work that involves permit space 
entry, the host employer shall:
    (i) Inform the contractor that the workplace contains permit spaces 
and that permit space entry is allowed only through compliance with a 
permit space program meeting the requirements of this section;
    (ii) Apprise the contractor of the elements, including the hazards 
identified and the host employer's experience with the space, that make 
the space in question a permit space;
    (iii) Apprise the contractor of any precautions or procedures that 
the host employer has implemented for the protection of employees in or 
near permit spaces where contractor personnel will be working;
    (iv) Coordinate entry operations with the contractor, when both host 
employer personnel and contractor personnel will be working in or near 
permit spaces, as required by paragraph (d)(11) of this section; and
    (v) Debrief the contractor at the conclusion of the entry operations 
regarding the permit space program followed and regarding any hazards 
confronted or created in permit spaces during entry operations.
    (9) In addition to complying with the permit space requirements that 
apply to all employers, each contractor who is retained to perform 
permit space entry operations shall:
    (i) Obtain any available information regarding permit space hazards 
and entry operations from the host employer;
    (ii) Coordinate entry operations with the host employer, when both 
host employer personnel and contractor personnel will be working in or 
near permit spaces, as required by paragraph (d)(11) of this section; 
and
    (iii) Inform the host employer of the permit space program that the 
contractor will follow and of any hazards

[[Page 481]]

confronted or created in permit spaces, either through a debriefing or 
during the entry operation.
    (d) Permit-required confined space program (permit space program). 
Under the permit space program required by paragraph (c)(4) of this 
section, the employer shall:
    (1) Implement the measures necessary to prevent unauthorized entry;
    (2) Identify and evaluate the hazards of permit spaces before 
employees enter them;
    (3) Develop and implement the means, procedures, and practices 
necessary for safe permit space entry operations, including, but not 
limited to, the following:
    (i) Specifying acceptable entry conditions;
    (ii) Providing each authorized entrant or that employee's authorized 
representative with the opportunity to observe any monitoring or testing 
of permit spaces;
    (iii) Isolating the permit space;
    (iv) Purging, inerting, flushing, or ventilating the permit space as 
necessary to eliminate or control atmospheric hazards;
    (v) Providing pedestrian, vehicle, or other barriers as necessary to 
protect entrants from external hazards; and
    (vi) Verifying that conditions in the permit space are acceptable 
for entry throughout the duration of an authorized entry.
    (4) Provide the following equipment (specified in paragraphs 
(d)(4)(i) through (d)(4)(ix) of this section) at no cost to employees, 
maintain that equipment properly, and ensure that employees use that 
equipment properly:
    (i) Testing and monitoring equipment needed to comply with paragraph 
(d)(5) of this section;
    (ii) Ventilating equipment needed to obtain acceptable entry 
conditions;
    (iii) Communications equipment necessary for compliance with 
paragraphs (h)(3) and (i)(5) of this section;
    (iv) Personal protective equipment insofar as feasible engineering 
and work practice controls do not adequately protect employees;
    (v) Lighting equipment needed to enable employees to see well enough 
to work safely and to exit the space quickly in an emergency;
    (vi) Barriers and shields as required by paragraph (d)(3)(v) of this 
section.
    (vii) Equipment, such as ladders, needed for safe ingress and egress 
by authorized entrants;
    (viii) Rescue and emergency equipment needed to comply with 
paragraph (d)(9) of this section, except to the extent that the 
equipment is provided by rescue services; and
    (ix) Any other equipment necessary for safe entry into and rescue 
from permit spaces.
    (5) Evaluate permit space conditions as follows when entry 
operations are conducted:
    (i) Test conditions in the permit space to determine if acceptable 
entry conditions exist before entry is authorized to begin, except that, 
if isolation of the space is infeasible because the space is large or is 
part of a continuous system (such as a sewer), pre-entry testing shall 
be performed to the extent feasible before entry is authorized and, if 
entry is authorized, entry conditions shall be continuously monitored in 
the areas where authorized entrants are working;
    (ii) Test or monitor the permit space as necessary to determine if 
acceptable entry conditions are being maintained during the course of 
entry operations; and
    (iii) When testing for atmospheric hazards, test first for oxygen, 
then for combustible gases and vapors, and then for toxic gases and 
vapors.
    (iv) Provide each authorized entrant or that employee's authorized 
representative an opportunity to observe the pre-entry and any 
subsequent testing or monitoring of permit spaces;
    (v) Reevaluate the permit space in the presence of any authorized 
entrant or that employee's authorized representative who requests that 
the employer conduct such reevaluation because the entrant or 
representative has reason to believe that the evaluation of that space 
may not have been adequate;
    (vi) Immediately provide each authorized entrant or that employee's 
authorized representative with the results of any testing conducted in 
accord with paragraph (d) of this section.


[[Page 482]]


    Note: Atmospheric testing conducted in accordance with appendix B to 
Sec.  1910.146 would be considered as satisfying the requirements of 
this paragraph. For permit space operations in sewers, atmospheric 
testing conducted in accordance with appendix B, as supplemented by 
appendix E to Sec.  1910.146, would be considered as satisfying the 
requirements of this paragraph.

    (6) Provide at least one attendant outside the permit space into 
which entry is authorized for the duration of entry operations;

    Note: Attendants may be assigned to monitor more than one permit 
space provided the duties described in paragraph (i) of this section can 
be effectively performed for each permit space that is monitored. 
Likewise, attendants may be stationed at any location outside the permit 
space to be monitored as long as the duties described in paragraph (i) 
of this section can be effectively performed for each permit space that 
is monitored.

    (7) If multiple spaces are to be monitored by a single attendant, 
include in the permit program the means and procedures to enable the 
attendant to respond to an emergency affecting one or more of the permit 
spaces being monitored without distraction from the attendant's 
responsibilities under paragraph (i) of this section;
    (8) Designate the persons who are to have active roles (as, for 
example, authorized entrants, attendants, entry supervisors, or persons 
who test or monitor the atmosphere in a permit space) in entry 
operations, identify the duties of each such employee, and provide each 
such employee with the training required by paragraph (g) of this 
section;
    (9) Develop and implement procedures for summoning rescue and 
emergency services, for rescuing entrants from permit spaces, for 
providing necessary emergency services to rescued employees, and for 
preventing unauthorized personnel from attempting a rescue;
    (10) Develop and implement a system for the preparation, issuance, 
use, and cancellation of entry permits as required by this section;
    (11) Develop and implement procedures to coordinate entry operations 
when employees of more than one employer are working simultaneously as 
authorized entrants in a permit space, so that employees of one employer 
do not endanger the employees of any other employer;
    (12) Develop and implement procedures (such as closing off a permit 
space and canceling the permit) necessary for concluding the entry after 
entry operations have been completed;
    (13) Review entry operations when the employer has reason to believe 
that the measures taken under the permit space program may not protect 
employees and revise the program to correct deficiencies found to exist 
before subsequent entries are authorized; and

    Note: Examples of circumstances requiring the review of the permit 
space program are: any unauthorized entry of a permit space, the 
detection of a permit space hazard not covered by the permit, the 
detection of a condition prohibited by the permit, the occurrence of an 
injury or near-miss during entry, a change in the use or configuration 
of a permit space, and employee complaints about the effectiveness of 
the program.

    (14) Review the permit space program, using the canceled permits 
retained under paragraph (e)(6) of this section within 1 year after each 
entry and revise the program as necessary, to ensure that employees 
participating in entry operations are protected from permit space 
hazards.

    Note: Employers may perform a single annual review covering all 
entries performed during a 12-month period. If no entry is performed 
during a 12-month period, no review is necessary.

Appendix C to Sec.  1910.146 presents examples of permit space programs 
that are considered to comply with the requirements of paragraph (d) of 
this section.

    (e) Permit system. (1) Before entry is authorized, the employer 
shall document the completion of measures required by paragraph (d)(3) 
of this section by preparing an entry permit.

    Note: Appendix D to Sec.  1910.146 presents examples of permits 
whose elements are considered to comply with the requirements of this 
section.

    (2) Before entry begins, the entry supervisor identified on the 
permit shall sign the entry permit to authorize entry.
    (3) The completed permit shall be made available at the time of 
entry to all authorized entrants or their authorized representatives, by 
posting it at

[[Page 483]]

the entry portal or by any other equally effective means, so that the 
entrants can confirm that pre-entry preparations have been completed.
    (4) The duration of the permit may not exceed the time required to 
complete the assigned task or job identified on the permit in accordance 
with paragraph (f)(2) of this section.
    (5) The entry supervisor shall terminate entry and cancel the entry 
permit when:
    (i) The entry operations covered by the entry permit have been 
completed; or
    (ii) A condition that is not allowed under the entry permit arises 
in or near the permit space.
    (6) The employer shall retain each canceled entry permit for at 
least 1 year to facilitate the review of the permit-required confined 
space program required by paragraph (d)(14) of this section. Any 
problems encountered during an entry operation shall be noted on the 
pertinent permit so that appropriate revisions to the permit space 
program can be made.
    (f) Entry permit. The entry permit that documents compliance with 
this section and authorizes entry to a permit space shall identify:
    (1) The permit space to be entered;
    (2) The purpose of the entry;
    (3) The date and the authorized duration of the entry permit;
    (4) The authorized entrants within the permit space, by name or by 
such other means (for example, through the use of rosters or tracking 
systems) as will enable the attendant to determine quickly and 
accurately, for the duration of the permit, which authorized entrants 
are inside the permit space;

    Note: This requirement may be met by inserting a reference on the 
entry permit as to the means used, such as a roster or tracking system, 
to keep track of the authorized entrants within the permit space.

    (5) The personnel, by name, currently serving as attendants;
    (6) The individual, by name, currently serving as entry supervisor, 
with a space for the signature or initials of the entry supervisor who 
originally authorized entry;
    (7) The hazards of the permit space to be entered;
    (8) The measures used to isolate the permit space and to eliminate 
or control permit space hazards before entry;

    Note: Those measures can include the lockout or tagging of equipment 
and procedures for purging, inerting, ventilating, and flushing permit 
spaces.

    (9) The acceptable entry conditions;
    (10) The results of initial and periodic tests performed under 
paragraph (d)(5) of this section, accompanied by the names or initials 
of the testers and by an indication of when the tests were performed;
    (11) The rescue and emergency services that can be summoned and the 
means (such as the equipment to use and the numbers to call) for 
summoning those services;
    (12) The communication procedures used by authorized entrants and 
attendants to maintain contact during the entry;
    (13) Equipment, such as personal protective equipment, testing 
equipment, communications equipment, alarm systems, and rescue 
equipment, to be provided for compliance with this section;
    (14) Any other information whose inclusion is necessary, given the 
circumstances of the particular confined space, in order to ensure 
employee safety; and
    (15) Any additional permits, such as for hot work, that have been 
issued to authorize work in the permit space.
    (g) Training. (1) The employer shall provide training so that all 
employees whose work is regulated by this section acquire the 
understanding, knowledge, and skills necessary for the safe performance 
of the duties assigned under this section.
    (2) Training shall be provided to each affected employee:
    (i) Before the employee is first assigned duties under this section;
    (ii) Before there is a change in assigned duties;
    (iii) Whenever there is a change in permit space operations that 
presents a hazard about which an employee has not previously been 
trained;
    (iv) Whenever the employer has reason to believe either that there 
are deviations from the permit space entry procedures required by 
paragraph (d)(3)

[[Page 484]]

of this section or that there are inadequacies in the employee's 
knowledge or use of these procedures.
    (3) The training shall establish employee proficiency in the duties 
required by this section and shall introduce new or revised procedures, 
as necessary, for compliance with this section.
    (4) The employer shall certify that the training required by 
paragraphs (g)(1) through (g)(3) of this section has been accomplished. 
The certification shall contain each employee's name, the signatures or 
initials of the trainers, and the dates of training. The certification 
shall be available for inspection by employees and their authorized 
representatives.
    (h) Duties of authorized entrants. The employer shall ensure that 
all authorized entrants:
    (1) Know the hazards that may be faced during entry, including 
information on the mode, signs or symptoms, and consequences of the 
exposure;
    (2) Properly use equipment as required by paragraph (d)(4) of this 
section;
    (3) Communicate with the attendant as necessary to enable the 
attendant to monitor entrant status and to enable the attendant to alert 
entrants of the need to evacuate the space as required by paragraph 
(i)(6) of this section;
    (4) Alert the attendant whenever:
    (i) The entrant recognizes any warning sign or symptom of exposure 
to a dangerous situation, or
    (ii) The entrant detects a prohibited condition; and
    (5) Exit from the permit space as quickly as possible whenever:
    (i) An order to evacuate is given by the attendant or the entry 
supervisor,
    (ii) The entrant recognizes any warning sign or symptom of exposure 
to a dangerous situation,
    (iii) The entrant detects a prohibited condition, or
    (iv) An evacuation alarm is activated.
    (i) Duties of attendants. The employer shall ensure that each 
attendant:
    (1) Knows the hazards that may be faced during entry, including 
information on the mode, signs or symptoms, and consequences of the 
exposure;
    (2) Is aware of possible behavioral effects of hazard exposure in 
authorized entrants;
    (3) Continuously maintains an accurate count of authorized entrants 
in the permit space and ensures that the means used to identify 
authorized entrants under paragraph (f)(4) of this section accurately 
identifies who is in the permit space;
    (4) Remains outside the permit space during entry operations until 
relieved by another attendant;

    Note: When the employer's permit entry program allows attendant 
entry for rescue, attendants may enter a permit space to attempt a 
rescue if they have been trained and equipped for rescue operations as 
required by paragraph (k)(1) of this section and if they have been 
relieved as required by paragraph (i)(4) of this section.

    (5) Communicates with authorized entrants as necessary to monitor 
entrant status and to alert entrants of the need to evacuate the space 
under paragraph (i)(6) of this section;
    (6) Monitors activities inside and outside the space to determine if 
it is safe for entrants to remain in the space and orders the authorized 
entrants to evacuate the permit space immediately under any of the 
following conditions;
    (i) If the attendant detects a prohibited condition;
    (ii) If the attendant detects the behavioral effects of hazard 
exposure in an authorized entrant;
    (iii) If the attendant detects a situation outside the space that 
could endanger the authorized entrants; or
    (iv) If the attendant cannot effectively and safely perform all the 
duties required under paragraph (i) of this section;
    (7) Summon rescue and other emergency services as soon as the 
attendant determines that authorized entrants may need assistance to 
escape from permit space hazards;
    (8) Takes the following actions when unauthorized persons approach 
or enter a permit space while entry is underway:
    (i) Warn the unauthorized persons that they must stay away from the 
permit space;
    (ii) Advise the unauthorized persons that they must exit immediately 
if

[[Page 485]]

they have entered the permit space; and
    (iii) Inform the authorized entrants and the entry supervisor if 
unauthorized persons have entered the permit space;
    (9) Performs non-entry rescues as specified by the employer's rescue 
procedure; and
    (10) Performs no duties that might interfere with the attendant's 
primary duty to monitor and protect the authorized entrants.
    (j) Duties of entry supervisors. The employer shall ensure that each 
entry supervisor:
    (1) Knows the hazards that may be faced during entry, including 
information on the mode, signs or symptoms, and consequences of the 
exposure;
    (2) Verifies, by checking that the appropriate entries have been 
made on the permit, that all tests specified by the permit have been 
conducted and that all procedures and equipment specified by the permit 
are in place before endorsing the permit and allowing entry to begin;
    (3) Terminates the entry and cancels the permit as required by 
paragraph (e)(5) of this section;
    (4) Verifies that rescue services are available and that the means 
for summoning them are operable;
    (5) Removes unauthorized individuals who enter or who attempt to 
enter the permit space during entry operations; and
    (6) Determines, whenever responsibility for a permit space entry 
operation is transferred and at intervals dictated by the hazards and 
operations performed within the space, that entry operations remain 
consistent with terms of the entry permit and that acceptable entry 
conditions are maintained.
    (k) Rescue and emergency services. (1) An employer who designates 
rescue and emergency services, pursuant to paragraph (d)(9) of this 
section, shall:
    (i) Evaluate a prospective rescuer's ability to respond to a rescue 
summons in a timely manner, considering the hazard(s) identified;

    Note to paragraph (k)(1)(i): What will be considered timely will 
vary according to the specific hazards involved in each entry. For 
example, Sec.  1910.134, Respiratory Protection, requires that employers 
provide a standby person or persons capable of immediate action to 
rescue employee(s) wearing respiratory protection while in work areas 
defined as IDLH atmospheres.

    (ii) Evaluate a prospective rescue service's ability, in terms of 
proficiency with rescue-related tasks and equipment, to function 
appropriately while rescuing entrants from the particular permit space 
or types of permit spaces identified;
    (iii) Select a rescue team or service from those evaluated that:
    (A) Has the capability to reach the victim(s) within a time frame 
that is appropriate for the permit space hazard(s) identified;
    (B) Is equipped for and proficient in performing the needed rescue 
services;
    (iv) Inform each rescue team or service of the hazards they may 
confront when called on to perform rescue at the site; and
    (v) Provide the rescue team or service selected with access to all 
permit spaces from which rescue may be necessary so that the rescue 
service can develop appropriate rescue plans and practice rescue 
operations.

    Note to paragraph (k)(1): Non-mandatory appendix F contains examples 
of criteria which employers can use in evaluating prospective rescuers 
as required by paragraph (k)(1) of this section.

    (2) An employer whose employees have been designated to provide 
permit space rescue and emergency services shall take the following 
measures:
    (i) Provide affected employees with the personal protective 
equipment (PPE) needed to conduct permit space rescues safely and train 
affected employees so they are proficient in the use of that PPE, at no 
cost to those employees;
    (ii) Train affected employees to perform assigned rescue duties. The 
employer must ensure that such employees successfully complete the 
training required to establish proficiency as an authorized entrant, as 
provided by paragraphs (g) and (h) of this section;
    (iii) Train affected employees in basic first-aid and 
cardiopulmonary resuscitation (CPR). The employer shall ensure that at 
least one member of the

[[Page 486]]

rescue team or service holding a current certification in first aid and 
CPR is available; and
    (iv) Ensure that affected employees practice making permit space 
rescues at least once every 12 months, by means of simulated rescue 
operations in which they remove dummies, manikins, or actual persons 
from the actual permit spaces or from representative permit spaces. 
Representative permit spaces shall, with respect to opening size, 
configuration, and accessibility, simulate the types of permit spaces 
from which rescue is to be performed.
    (3) To facilitate non-entry rescue, retrieval systems or methods 
shall be used whenever an authorized entrant enters a permit space, 
unless the retrieval equipment would increase the overall risk of entry 
or would not contribute to the rescue of the entrant. Retrieval systems 
shall meet the following requirements.
    (i) Each authorized entrant shall use a chest or full body harness, 
with a retrieval line attached at the center of the entrant's back near 
shoulder level, above the entrant's head, or at another point which the 
employer can establish presents a profile small enough for the 
successful removal of the entrant. Wristlets may be used in lieu of the 
chest or full body harness if the employer can demonstrate that the use 
of a chest or full body harness is infeasible or creates a greater 
hazard and that the use of wristlets is the safest and most effective 
alternative.
    (ii) The other end of the retrieval line shall be attached to a 
mechanical device or fixed point outside the permit space in such a 
manner that rescue can begin as soon as the rescuer becomes aware that 
rescue is necessary. A mechanical device shall be available to retrieve 
personnel from vertical type permit spaces more than 5 feet (1.52 m) 
deep.
    (4) If an injured entrant is exposed to a substance for which a 
Material Safety Data Sheet (MSDS) or other similar written information 
is required to be kept at the worksite, that MSDS or written information 
shall be made available to the medical facility treating the exposed 
entrant.
    (l) Employee participation. (1) Employers shall consult with 
affected employees and their authorized representatives on the 
development and implementation of all aspects of the permit space 
program required by paragraph (c) of this section.
    (2) Employers shall make available to affected employees and their 
authorized representatives all information required to be developed by 
this section.

      Appendixes to Sec.  1910.146--Permit-required Confined Spaces

    Note: Appendixes A through F serve to provide information and non-
mandatory guidelines to assist employers and employees in complying with 
the appropriate requirements of this section.

[[Page 487]]

 Appendix A to Sec.  1910.146--Permit-Required Confined Space Decision 
                               Flow Chart
[GRAPHIC] [TIFF OMITTED] TC27OC91.029


[[Page 488]]



    Appendix B to Sec.  1910.146--Procedures for Atmospheric Testing

    Atmospheric testing is required for two distinct purposes: 
evaluation of the hazards of the permit space and verification that 
acceptable entry conditions for entry into that space exist.
    (1) Evaluation testing. The atmosphere of a confined space should be 
analyzed using equipment of sufficient sensitivity and specificity to 
identify and evaluate any hazardous atmospheres that may exist or arise, 
so that appropriate permit entry procedures can be developed and 
acceptable entry conditions stipulated for that space. Evaluation and 
interpretation of these data, and development of the entry procedure, 
should be done by, or reviewed by, a technically qualified professional 
(e.g., OSHA consultation service, or certified industrial hygienist, 
registered safety engineer, certified safety professional, certified 
marine chemist, etc.) based on evaluation of all serious hazards.
    (2) Verification testing. The atmosphere of a permit space which may 
contain a hazardous atmosphere should be tested for residues of all 
contaminants identified by evaluation testing using permit specified 
equipment to determine that residual concentrations at the time of 
testing and entry are within the range of acceptable entry conditions. 
Results of testing (i.e., actual concentration, etc.) should be recorded 
on the permit in the space provided adjacent to the stipulated 
acceptable entry condition.
    (3) Duration of testing. Measurement of values for each atmospheric 
parameter should be made for at least the minimum response time of the 
test instrument specified by the manufacturer.
    (4) Testing stratified atmospheres. When monitoring for entries 
involving a descent into atmospheres that may be stratified, the 
atmospheric envelope should be tested a distance of approximately 4 feet 
(1.22 m) in the direction of travel and to each side. If a sampling 
probe is used, the entrant's rate of progress should be slowed to 
accommodate the sampling speed and detector response.
    (5) Order of testing. A test for oxygen is performed first because 
most combustible gas meters are oxygen dependent and will not provide 
reliable readings in an oxygen deficient atmosphere. Combustible gasses 
are tested for next because the threat of fire or explosion is both more 
immediate and more life threatening, in most cases, than exposure to 
toxic gasses and vapors. If tests for toxic gasses and vapors are 
necessary, they are performed last.

Appendix C to Sec.  1910.146--Examples of Permit-required Confined Space 
                                Programs

                               Example 1.

Workplace. Sewer entry.

Potential hazards. The employees could be exposed to the following:

Engulfment.

Presence of toxic gases. Equal to or more than 10 ppm hydrogen sulfide 
measured as an 8-hour time-weighted average. If the presence of other 
toxic contaminants is suspected, specific monitoring programs will be 
developed.

Presence of explosive/flammable gases. Equal to or greater than 10% of 
the lower flammable limit (LFL).

Oxygen Deficiency. A concentration of oxygen in the atmosphere equal to 
or less than 19.5% by volume.

A. Entry Without Permit/Attendant

Certification. Confined spaces may be entered without the need for a 
written permit or attendant provided that the space can be maintained in 
a safe condition for entry by mechanical ventilation alone, as provided 
in Sec.  1910.146(c)(5). All spaces shall be considered permit-required 
confined spaces until the pre-entry procedures demonstrate otherwise. 
Any employee required or permitted to pre-check or enter an enclosed/
confined space shall have successfully completed, -as a minimum, the 
training as required by the following sections of these procedures. A 
written copy of operating and rescue procedures as required by these 
procedures shall be at the work site for the duration of the job. The 
Confined Space Pre-Entry Check List must be completed by the LEAD WORKER 
before entry into a confined space. This list verifies completion of 
items listed below. This check list shall be kept at the job site for 
duration of the job. If circumstances dictate an interruption in the 
work, the permit space must be re-evaluated and a new check list must be 
completed.

Control of atmospheric and engulfment hazards.

Pumps and Lines. All pumps and lines which may reasonably cause 
contaminants to flow into the space shall be disconnected, blinded and 
locked out, or effectively isolated by other means to prevent 
development of dangerous air contamination or engulfment. Not all 
laterals to sewers or storm drains require blocking. However, where 
experience or knowledge of industrial use indicates there is a 
reasonable potential for contamination of air or engulfment into an 
occupied sewer, then all affected laterals shall be blocked. If blocking 
and/or isolation requires entry into the space the provisions for entry 
into a permit- required confined space must be implemented.

Surveillance. The surrounding area shall be surveyed to avoid hazards 
such as drifting vapors from the tanks, piping, or sewers.


[[Page 489]]


Testing. The atmosphere within the space will be tested to determine 
whether dangerous air contamination and/or oxygen deficiency exists. 
Detector tubes, alarm only gas monitors and explosion meters are 
examples of monitoring equipment that may be used to test permit space 
atmospheres. Testing shall be performed by the LEAD WORKER who has 
successfully completed the Gas Detector training for the monitor he will 
use. The minimum parameters to be monitored are oxygen deficiency, LFL, 
and hydrogen sulfide concentration. A written record of the pre-entry 
test results shall be made and kept at the work site for the duration of 
the job. The supervisor will certify in writing, based upon the results 
of the pre-entry testing, that all hazards have been eliminated. 
Affected employees shall be able to review the testing results. The most 
hazardous conditions shall govern when work is being performed in two 
adjoining, connecting spaces.

Entry Procedures. If there are no non-atmospheric hazards present and if 
the pre-entry tests show there is no dangerous air contamination and/or 
oxygen deficiency within the space and there is no reason to believe 
that any is likely to develop, entry into and work within may proceed. 
Continuous testing of the atmosphere in the immediate vicinity of the 
workers within the space shall be accomplished. The workers will 
immediately leave the permit space when any of the gas monitor alarm set 
points are reached as defined. Workers will not return to the area until 
a SUPERVISOR who has completed the gas detector training has used a 
direct reading gas detector to evaluate the situation and has determined 
that it is safe to enter.

Rescue. Arrangements for rescue services are not required where there is 
no attendant. See the rescue portion of section B., below, for 
instructions regarding rescue planning where an entry permit is 
required.

B. Entry Permit Required

Permits. Confined Space Entry Permit. All spaces shall be considered 
permit-required confined spaces until the pre-entry procedures 
demonstrate otherwise. Any employee required or permitted to pre-check 
or enter a permit-required confined space shall have successfully 
completed, as a minimum, the training as required by the following 
sections of these procedures. A written copy of operating and rescue 
procedures as required by these procedures shall be at the work site for 
the duration of the job. The Confined Space Entry Permit must be 
completed before approval can be given to enter a permit-required 
confined space. This permit verifies completion of items listed below. 
This permit shall be kept at the job site for the duration of the job. 
If circumstances cause an interruption in the work or a change in the 
alarm conditions for which entry was approved, a new Confined Space 
Entry Permit must be completed.

Control of atmospheric and engulfment hazards.

Surveillance. The surrounding area shall be surveyed to avoid hazards 
such as drifting vapors from tanks, piping or sewers.

Testing. The confined space atmosphere shall be tested to determine 
whether dangerous air contamination and/or oxygen deficiency exists. A 
direct reading gas monitor shall be used. Testing shall be performed by 
the SUPERVISOR who has successfully completed the gas detector training 
for the monitor he will use. The minimum parameters to be monitored are 
oxygen deficiency, LFL and hydrogen sulfide concentration. A written 
record of the pre- entry test results shall be made and kept at the work 
site for the duration of the job. Affected employees shall be able to 
review the testing results. The most hazardous conditions shall govern 
when work is being performed in two adjoining, connected spaces.

Space Ventilation. Mechanical ventilation systems, where applicable, 
shall be set at 100% outside air. Where possible, open additional 
manholes to increase air circulation. Use portable blowers to augment 
natural circulation if needed. After a suitable ventilating period, 
repeat the testing. Entry may not begin until testing has demonstrated 
that the hazardous atmosphere has been eliminated.

Entry Procedures. The following procedure shall be observed under any of 
the following conditions: 1.) Testing demonstrates the existence of 
dangerous or deficient conditions and additional ventilation cannot 
reduce concentrations to safe levels; 2.) The atmosphere tests as safe 
but unsafe conditions can reasonably be expected to develop; 3.) It is 
not feasible to provide for ready exit from spaces equipped with 
automatic fire suppression systems and it is not practical or safe to 
deactivate such systems; or 4.) An emergency exists and it is not 
feasible to wait for pre-entry procedures to take effect.
    All personnel must be trained. A self contained breathing apparatus 
shall be worn by any person entering the space. At least one worker 
shall stand by the outside of the space ready to give assistance in case 
of emergency. The standby worker shall have a self contained breathing 
apparatus available for immediate use. There shall be at least one 
additional worker within sight or call of the standby worker. Continuous 
powered communications shall be maintained between the worker within the 
confined space and standby personnel.
    If at any time there is any questionable action or non- movement by 
the worker inside, a verbal check will be made. If there is no response, 
the worker will be moved immediately. Exception: If the worker is 
disabled due to falling or impact, he/she shall not be

[[Page 490]]

removed from the confined space unless there is immediate danger to his/
her life. Local fire department rescue personnel shall be notified 
immediately. The standby worker may only enter the confined space in 
case of an emergency (wearing the self contained breathing apparatus) 
and only after being relieved by another worker. Safety belt or harness 
with attached lifeline shall be used by all workers entering the space 
with the free end of the line secured outside the entry opening. The 
standby worker shall attempt to remove a disabled worker via his 
lifeline before entering the space.
    When practical, these spaces shall be entered through side 
openings--those within 3\1/2\ feet (1.07 m) of the bottom. When entry 
must be through a top opening, the safety belt shall be of the harness 
type that suspends a person upright and a hoisting device or similar 
apparatus shall be available for lifting workers out of the space.
    In any situation where their use may endanger the worker, use of a 
hoisting device or safety belt and attached lifeline may be 
discontinued.
    When dangerous air contamination is attributable to flammable and/or 
explosive substances, lighting and electrical equipment shall be Class 
1, Division 1 rated per National Electrical Code and no ignition sources 
shall be introduced into the area.
    Continuous gas monitoring shall be performed during all confined 
space operations. If alarm conditions change adversely, entry personnel 
shall exit the confined space and a new confined space permit issued.

Rescue. Call the fire department services for rescue. Where immediate 
hazards to injured personnel are present, workers at the site shall 
implement emergency procedures to fit the situation.

                               Example 2.

Workplace. Meat and poultry rendering plants.
    Cookers and dryers are either batch or continuous in their 
operation. Multiple batch cookers are operated in parallel. When one 
unit of a multiple set is shut down for repairs, means are available to 
isolate that unit from the others which remain in operation.
    Cookers and dryers are horizontal, cylindrical vessels equipped with 
a center, rotating shaft and agitator paddles or discs. If the inner 
shell is jacketed, it is usually heated with steam at pressures up to 
150 psig (1034.25 kPa). The rotating shaft assembly of the continuous 
cooker or dryer is also steam heated.
Potential Hazards. The recognized hazards associated with cookers and 
dryers are the risk that employees could be:

1. Struck or caught by rotating agitator;
2. Engulfed in raw material or hot, recycled fat;
3. Burned by steam from leaks into the cooker/dryer steam jacket or the 
condenser duct system if steam valves are not properly closed and locked 
out;
4. Burned by contact with hot metal surfaces, such as the agitator shaft 
assembly, or inner shell of the cooker/dryer;
5. Heat stress caused by warm atmosphere inside cooker/dryer;
6. Slipping and falling on grease in the cooker/dryer;
7. Electrically shocked by faulty equipment taken into the cooker/dryer;
8. Burned or overcome by fire or products of combustion; or
9. Overcome by fumes generated by welding or cutting done on grease 
covered surfaces.

Permits. The supervisor in this case is always present at the cooker/
dryer or other permit entry confined space when entry is made. The 
supervisor must follow the pre-entry isolation procedures described in 
the entry permit in preparing for entry, and ensure that the protective 
clothing, ventilating equipment and any other equipment required by the 
permit are at the entry site.

Control of hazards. Mechanical. Lock out main power switch to agitator 
motor at main power panel. Affix tag to the lock to inform others that a 
permit entry confined space entry is in progress.

Engulfment. Close all valves in the raw material blow line. Secure each 
valve in its closed position using chain and lock. Attach a tag to the 
valve and chain warning that a permit entry confined space entry is in 
progress. The same procedure shall be used for securing the fat recycle 
valve.

Burns and heat stress. Close steam supply valves to jacket and secure 
with chains and tags. Insert solid blank at flange in cooker vent line 
to condenser manifold duct system. Vent cooker/dryer by opening access 
door at discharge end and top center door to allow natural ventilation 
throughout the entry. If faster cooling is needed, use a portable 
ventilation fan to increase ventilation. Cooling water may be circulated 
through the jacket to reduce both outer and inner surface temperatures 
of cooker/dryers faster. Check air and inner surface temperatures in 
cooker/dryer to assure they are within acceptable limits before 
entering, or use proper protective clothing.

Fire and fume hazards. Careful site preparation, such as cleaning the 
area within 4 inches (10.16 cm) of all welding or torch cutting 
operations, and proper ventilation are the preferred controls. All 
welding and cutting operations shall be done in accordance with the 
requirements of 29 CFR part 1910, subpart Q, OSHA's welding standard. 
Proper ventilation may be achieved by local exhaust

[[Page 491]]

ventilation, or the use of portable ventilation fans, or a combination 
of the two practices.

Electrical shock. Electrical equipment used in cooker/dryers shall be in 
serviceable condition.

Slips and falls. Remove residual grease before entering cooker/dryer.

Attendant. The supervisor shall be the attendant for employees entering 
cooker/dryers.

Permit. The permit shall specify how isolation shall be done and any 
other preparations needed before making entry. This is especially 
important in parallel arrangements of cooker/dryers so that the entire 
operation need not be shut down to allow safe entry into one unit.

Rescue. When necessary, the attendant shall call the fire department as 
previously arranged.

                               Example 3.

Workplace. Workplaces where tank cars, trucks, and trailers, dry bulk 
tanks and trailers, railroad tank cars, and similar portable tanks are 
fabricated or serviced.

A. During fabrication. These tanks and dry-bulk carriers are entered 
repeatedly throughout the fabrication process. These products are not 
configured identically, but the manufacturing processes by which they 
are made are very similar.

Sources of hazards. In addition to the mechanical hazards arising from 
the risks that an entrant would be injured due to contact with 
components of the tank or the tools being used, there is also the risk 
that a worker could be injured by breathing fumes from welding materials 
or mists or vapors from materials used to coat the tank interior. In 
addition, many of these vapors and mists are flammable, so the failure 
to properly ventilate a tank could lead to a fire or explosion.

Control of hazards.

Welding. Local exhaust ventilation shall be used to remove welding fumes 
once the tank or carrier is completed to the point that workers may 
enter and exit only through a manhole. (Follow the requirements of 29 
CFR 1910, subpart Q, OSHA's welding standard, at all times.) Welding gas 
tanks may never be brought into a tank or carrier that is a permit entry 
confined space.

    Application of interior coatings/linings. Atmospheric hazards shall 
be controlled by forced air ventilation sufficient to keep the 
atmospheric concentration of flammable materials below 10% of the lower 
flammable limit (LFL) (or lower explosive limit (LEL), whichever term is 
used locally). The appropriate respirators are provided and shall be 
used in addition to providing forced ventilation if the forced 
ventilation does not maintain acceptable respiratory conditions.

Permits. Because of the repetitive nature of the entries in these 
operations, an ``Area Entry Permit'' will be issued for a 1 month period 
to cover those production areas where tanks are fabricated to the point 
that entry and exit are made using manholes.

Authorization. Only the area supervisor may authorize an employee to 
enter a tank within the permit area. The area supervisor must determine 
that conditions in the tank trailer, dry bulk trailer or truck, etc. 
meet permit requirements before authorizing entry.

Attendant. The area supervisor shall designate an employee to maintain 
communication by employer specified means with employees working in 
tanks to ensure their safety. The attendant may not enter any permit 
entry confined space to rescue an entrant or for any other reason, 
unless authorized by the rescue procedure and, and even then, only after 
calling the rescue team and being relieved by as attendant by another 
worker.

Communications and observation. Communications between attendant and 
entrant(s) shall be maintained throughout entry. Methods of 
communication that may be specified by the permit include voice, voice 
powered radio, tapping or rapping codes on tank walls, signalling tugs 
on a rope, and the attendant's observation that work activities such as 
chipping, grinding, welding, spraying, etc., which require deliberate 
operator control continue normally. These activities often generate so 
much noise that the necessary hearing protection makes communication by 
voice difficult.

Rescue procedures. Acceptable rescue procedures include entry by a team 
of employee-rescuers, use of public emergency services, and procedures 
for breaching the tank. The area permit specifies which procedures are 
available, but the area supervisor makes the final decision based on 
circumstances. (Certain injuries may make it necessary to breach the 
tank to remove a person rather than risk additional injury by removal 
through an existing manhole. However, the supervisor must ensure that no 
breaching procedure used for rescue would violate terms of the entry 
permit. For instance, if the tank must be breached by cutting with a 
torch, the tank surfaces to be cut must be free of volatile or 
combustible coatings within 4 inches (10.16 cm) of the cutting line and 
the atmosphere within the tank must be below the LFL.

Retrieval line and harnesses. The retrieval lines and harnesses 
generally required under this standard are usually impractical for use 
in tanks because the internal configuration of the tanks and their 
interior baffles and other structures would prevent rescuers from

[[Page 492]]

hauling out injured entrants. However, unless the rescue procedure calls 
for breaching the tank for rescue, the rescue team shall be trained in 
the use of retrieval lines and harnesses for removing injured employees 
through manholes.

B. Repair or service of ``used'' tanks and bulk trailers.

Sources of hazards. In addition to facing the potential hazards 
encountered in fabrication or manufacturing, tanks or trailers which 
have been in service may contain residues of dangerous materials, 
whether left over from the transportation of hazardous cargoes or 
generated by chemical or bacterial action on residues of non-hazardous 
cargoes.

Control of atmospheric hazards. A ``used'' tank shall be brought into 
areas where tank entry is authorized only after the tank has been 
emptied, cleansed (without employee entry) of any residues, and purged 
of any potential atmospheric hazards.

Welding. In addition to tank cleaning for control of atmospheric 
hazards, coating and surface materials shall be removed 4 inches (10.16 
cm) or more from any surface area where welding or other torch work will 
be done and care taken that the atmosphere within the tank remains well 
below the LFL. (Follow the requirements of 29 CFR 1910, subpart Q, 
OSHA's welding standard, at all times.)

Permits. An entry permit valid for up to 1 year shall be issued prior to 
authorization of entry into used tank trailers, dry bulk trailers or 
trucks. In addition to the pre-entry cleaning requirement, this permit 
shall require the employee safeguards specified for new tank fabrication 
or construction permit areas.

Authorization. Only the area supervisor may authorize an employee to 
enter a tank trailer, dry bulk trailer or truck within the permit area. 
The area supervisor must determine that the entry permit requirements 
have been met before authorizing entry.

[[Page 493]]

              Appendix D to Sec.  1910.146--Sample Permits
[GRAPHIC] [TIFF OMITTED] TC27OC91.030


[[Page 494]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.031

            Appendix E to Sec.  1910.146--Sewer System Entry

    Sewer entry differs in three vital respects from other permit 
entries; first, there rarely exists any way to completely isolate the 
space (a section of a continuous system) to be entered; second, because 
isolation is not complete, the atmosphere may suddenly and

[[Page 495]]

unpredictably become lethally hazardous (toxic, flammable or explosive) 
from causes beyond the control of the entrant or employer, and third, 
experienced sewer workers are especially knowledgeable in entry and work 
in their permit spaces because of their frequent entries. Unlike other 
employments where permit space entry is a rare and exceptional event, 
sewer workers' usual work environment is a permit space.
    (1) Adherence to procedure. The employer should designate as 
entrants only employees who are thoroughly trained in the employer's 
sewer entry procedures and who demonstrate that they follow these entry 
procedures exactly as prescribed when performing sewer entries.
    (2) Atmospheric monitoring. Entrants should be trained in the use 
of, and be equipped with, atmospheric monitoring equipment which sounds 
an audible alarm, in addition to its visual readout, whenever one of the 
following conditions are encountered: Oxygen concentration less than 
19.5 percent; flammable gas or vapor at 10 percent or more of the lower 
flammable limit (LFL); or hydrogen sulfide or carbon monoxide at or 
above 10 ppm or 35 ppm, respectively, measured as an 8-hour time-
weighted average. Atmospheric monitoring equipment needs to be 
calibrated according to the manufacturer's instructions. The oxygen 
sensor/broad range sensor is best suited for initial use in situations 
where the actual or potential contaminants have not been identified, 
because broad range sensors, unlike substance-specific sensors, enable 
employers to obtain an overall reading of the hydrocarbons (flammables) 
present in the space. However, such sensors only indicate that a 
hazardous threshold of a class of chemicals has been exceeded. They do 
not measure the levels of contamination of specific substances. 
Therefore, substance-specific devices, which measure the actual levels 
of specific substances, are best suited for use where actual and 
potential contaminants have been identified. The measurements obtained 
with substance-specific devices are of vital importance to the employer 
when decisions are made concerning the measures necessary to protect 
entrants (such as ventilation or personal protective equipment) and the 
setting and attainment of appropriate entry conditions. However, the 
sewer environment may suddenly and unpredictably change, and the 
substance-specific devices may not detect the potentially lethal 
atmospheric hazards which may enter the sewer environment.
    Although OSHA considers the information and guidance provided above 
to be appropriate and useful in most sewer entry situations, the Agency 
emphasizes that each employer must consider the unique circumstances, 
including the predictability of the atmosphere, of the sewer permit 
spaces in the employer's workplace in preparing for entry. Only the 
employer can decide, based upon his or her knowledge of, and experience 
with permit spaces in sewer systems, what the best type of testing 
instrument may be for any specific entry operation.
    The selected testing instrument should be carried and used by the 
entrant in sewer line work to monitor the atmosphere in the entrant's 
environment, and in advance of the entrant's direction of movement, to 
warn the entrant of any deterioration in atmospheric conditions. Where 
several entrants are working together in the same immediate location, 
one instrument, used by the lead entrant, is acceptable.
    (3) Surge flow and flooding. Sewer crews should develop and maintain 
liaison, to the extent possible, with the local weather bureau and fire 
and emergency services in their area so that sewer work may be delayed 
or interrupted and entrants withdrawn whenever sewer lines might be 
suddenly flooded by rain or fire suppression activities, or whenever 
flammable or other hazardous materials are released into sewers during 
emergencies by industrial or transportation accidents.
    (4) Special Equipment. Entry into large bore sewers may require the 
use of special equipment. Such equipment might include such items as 
atmosphere monitoring devices with automatic audible alarms, escape 
self-contained breathing apparatus (ESCBA) with at least 10 minute air 
supply (or other NIOSH approved self-rescuer), and waterproof 
flashlights, and may also include boats and rafts, radios and rope 
stand-offs for pulling around bends and corners as needed.

 Appendix F to Sec.  1910.146--Rescue Team or Rescue Service Evaluation 
                        Criteria (Non-Mandatory)

    (1) This appendix provides guidance to employers in choosing an 
appropriate rescue service. It contains criteria that may be used to 
evaluate the capabilities both of prospective and current rescue teams. 
Before a rescue team can be trained or chosen, however, a satisfactory 
permit program, including an analysis of all permit-required confined 
spaces to identify all potential hazards in those spaces, must be 
completed. OSHA believes that compliance with all the provisions of 
Sec.  1910.146 will enable employers to conduct permit space operations 
without recourse to rescue services in nearly all cases. However, 
experience indicates that circumstances will arise where entrants will 
need to be rescued from permit spaces. It is therefore important for 
employers to select rescue services or teams, either on-site or off-
site, that are equipped and capable of minimizing harm to both entrants 
and rescuers if the need arises.
    (2) For all rescue teams or services, the employer's evaluation 
should consist of two components: an initial evaluation, in which

[[Page 496]]

employers decide whether a potential rescue service or team is 
adequately trained and equipped to perform permit space rescues of the 
kind needed at the facility and whether such rescuers can respond in a 
timely manner, and a performance evaluation, in which employers measure 
the performance of the team or service during an actual or practice 
rescue. For example, based on the initial evaluation, an employer may 
determine that maintaining an on-site rescue team will be more expensive 
than obtaining the services of an off-site team, without being 
significantly more effective, and decide to hire a rescue service. 
During a performance evaluation, the employer could decide, after 
observing the rescue service perform a practice rescue, that the 
service's training or preparedness was not adequate to effect a timely 
or effective rescue at his or her facility and decide to select another 
rescue service, or to form an internal rescue team.

                          A. Initial Evaluation

    I. The employer should meet with the prospective rescue service to 
facilitate the evaluations required by Sec.  1910.146(k)(1)(i) and Sec.  
1910.146(k)(1)(ii). At a minimum, if an off-site rescue service is being 
considered, the employer must contact the service to plan and coordinate 
the evaluations required by the standard. Merely posting the service's 
number or planning to rely on the 911 emergency phone number to obtain 
these services at the time of a permit space emergency would not comply 
with paragraph (k)(1) of the standard.
    II. The capabilities required of a rescue service vary with the type 
of permit spaces from which rescue may be necessary and the hazards 
likely to be encountered in those spaces. Answering the questions below 
will assist employers in determining whether the rescue service is 
capable of performing rescues in the permit spaces present at the 
employer's workplace.
    1. What are the needs of the employer with regard to response time 
(time for the rescue service to receive notification, arrive at the 
scene, and set up and be ready for entry)? For example, if entry is to 
be made into an IDLH atmosphere, or into a space that can quickly 
develop an IDLH atmosphere (if ventilation fails or for other reasons), 
the rescue team or service would need to be standing by at the permit 
space. On the other hand, if the danger to entrants is restricted to 
mechanical hazards that would cause injuries (e.g., broken bones, 
abrasions) a response time of 10 or 15 minutes might be adequate.
    2. How quickly can the rescue team or service get from its location 
to the permit spaces from which rescue may be necessary? Relevant 
factors to consider would include: the location of the rescue team or 
service relative to the employer's workplace, the quality of roads and 
highways to be traveled, potential bottlenecks or traffic congestion 
that might be encountered in transit, the reliability of the rescuer's 
vehicles, and the training and skill of its drivers.
    3. What is the availability of the rescue service? Is it unavailable 
at certain times of the day or in certain situations? What is the 
likelihood that key personnel of the rescue service might be unavailable 
at times? If the rescue service becomes unavailable while an entry is 
underway, does it have the capability of notifying the employer so that 
the employer can instruct the attendant to abort the entry immediately?
    4. Does the rescue service meet all the requirements of paragraph 
(k)(2) of the standard? If not, has it developed a plan that will enable 
it to meet those requirements in the future? If so, how soon can the 
plan be implemented?
    5. For off-site services, is the service willing to perform rescues 
at the employer's workplace? (An employer may not rely on a rescuer who 
declines, for whatever reason, to provide rescue services.)
    6. Is an adequate method for communications between the attendant, 
employer and prospective rescuer available so that a rescue request can 
be transmitted to the rescuer without delay? How soon after notification 
can a prospective rescuer dispatch a rescue team to the entry site?
    7. For rescues into spaces that may pose significant atmospheric 
hazards and from which rescue entry, patient packaging and retrieval 
cannot be safely accomplished in a relatively short time (15-20 
minutes), employers should consider using airline respirators (with 
escape bottles) for the rescuers and to supply rescue air to the 
patient. If the employer decides to use SCBA, does the prospective 
rescue service have an ample supply of replacement cylinders and 
procedures for rescuers to enter and exit (or be retrieved) well within 
the SCBA's air supply limits?
    8. If the space has a vertical entry over 5 feet in depth, can the 
prospective rescue service properly perform entry rescues? Does the 
service have the technical knowledge and equipment to perform rope work 
or elevated rescue, if needed?
    9. Does the rescue service have the necessary skills in medical 
evaluation, patient packaging and emergency response?
    10. Does the rescue service have the necessary equipment to perform 
rescues, or must the equipment be provided by the employer or another 
source?

                        B. Performance Evaluation

    Rescue services are required by paragraph (k)(2)(iv) of the standard 
to practice rescues at least once every 12 months, provided that the 
team or service has not successfully performed a permit space rescue 
within that time. As part of each practice session, the

[[Page 497]]

service should perform a critique of the practice rescue, or have 
another qualified party perform the critique, so that deficiencies in 
procedures, equipment, training, or number of personnel can be 
identified and corrected. The results of the critique, and the 
corrections made to respond to the deficiencies identified, should be 
given to the employer to enable it to determine whether the rescue 
service can quickly be upgraded to meet the employer's rescue needs or 
whether another service must be selected. The following questions will 
assist employers and rescue teams and services evaluate their 
performance.
    1. Have all members of the service been trained as permit space 
entrants, at a minimum, including training in the potential hazards of 
all permit spaces, or of representative permit spaces, from which rescue 
may be needed? Can team members recognize the signs, symptoms, and 
consequences of exposure to any hazardous atmospheres that may be 
present in those permit spaces?
    2. Is every team member provided with, and properly trained in, the 
use and need for PPE, such as SCBA or fall arrest equipment, which may 
be required to perform permit space rescues in the facility? Is every 
team member properly trained to perform his or her functions and make 
rescues, and to use any rescue equipment, such as ropes and backboards, 
that may be needed in a rescue attempt?
    3. Are team members trained in the first aid and medical skills 
needed to treat victims overcome or injured by the types of hazards that 
may be encountered in the permit spaces at the facility?
    4. Do all team members perform their functions safely and 
efficiently? Do rescue service personnel focus on their own safety 
before considering the safety of the victim?
    5. If necessary, can the rescue service properly test the atmosphere 
to determine if it is IDLH?
    6. Can the rescue personnel identify information pertinent to the 
rescue from entry permits, hot work permits, and MSDSs?
    7. Has the rescue service been informed of any hazards to personnel 
that may arise from outside the space, such as those that may be caused 
by future work near the space?
    8. If necessary, can the rescue service properly package and 
retrieve victims from a permit space that has a limited size opening 
(less than 24 inches (60.9 cm) in diameter), limited internal space, or 
internal obstacles or hazards?
    9. If necessary, can the rescue service safely perform an elevated 
(high angle) rescue?
    10. Does the rescue service have a plan for each of the kinds of 
permit space rescue operations at the facility? Is the plan adequate for 
all types of rescue operations that may be needed at the facility? Teams 
may practice in representative spaces, or in spaces that are ``worst-
case'' or most restrictive with respect to internal configuration, 
elevation, and portal size. The following characteristics of a practice 
space should be considered when deciding whether a space is truly 
representative of an actual permit space:
    (1) Internal configuration.
    (a) Open--there are no obstacles, barriers, or obstructions within 
the space. One example is a water tank.
    (b) Obstructed--the permit space contains some type of obstruction 
that a rescuer would need to maneuver around. An example would be a 
baffle or mixing blade. Large equipment, such as a ladder or scaffold, 
brought into a space for work purposes would be considered an 
obstruction if the positioning or size of the equipment would make 
rescue more difficult.
    (2) Elevation.
    (a) Elevated--a permit space where the entrance portal or opening is 
above grade by 4 feet or more. This type of space usually requires 
knowledge of high angle rescue procedures because of the difficulty in 
packaging and transporting a patient to the ground from the portal.
    (b) Non-elevated--a permit space with the entrance portal located 
less than 4 feet above grade. This type of space will allow the rescue 
team to transport an injured employee normally.
    (3) Portal size.
    (a) Restricted--A portal of 24 inches or less in the least 
dimension. Portals of this size are too small to allow a rescuer to 
simply enter the space while using SCBA. The portal size is also too 
small to allow normal spinal immobilization of an injured employee.
    (b) Unrestricted--A portal of greater than 24 inches in the least 
dimension. These portals allow relatively free movement into and out of 
the permit space.
    (4) Space access.
    (a) Horizontal--The portal is located on the side of the permit 
space. Use of retrieval lines could be difficult.
    (b) Vertical--The portal is located on the top of the permit space, 
so that rescuers must climb down, or the bottom of the permit space, so 
that rescuers must climb up to enter the space. Vertical portals may 
require knowledge of rope techniques, or special patient packaging to 
safely retrieve a downed entrant.

[58 FR 4549, Jan. 14, 1993; 58 FR 34845, 34846, June 29, 1993, as 
amended at 59 FR 26114, May 19, 1994; 63 FR 66038, 66039, Dec. 1, 1998; 
76 FR 80739, Dec. 27, 2011]



Sec.  1910.147  The control of hazardous energy (lockout/tagout).

    (a) Scope, application, and purpose--(1) Scope. (i) This standard 
covers the servicing and maintenance of machines and

[[Page 498]]

equipment in which the unexpected energization or start up of the 
machines or equipment, or release of stored energy could cause injury to 
employees. This standard establishes minimum performance requirements 
for the control of such hazardous energy.
    (ii) This standard does not cover the following:
    (A) Construction and agriculture employment;
    (B) Employment covered by parts 1915, 1917, and 1918 of this title;
    (C) Installations under the exclusive control of electric utilities 
for the purpose of power generation, transmission and distribution, 
including related equipment for communication or metering;
    (D) Exposure to electrical hazards from work on, near, or with 
conductors or equipment in electric-utilization installations, which is 
covered by subpart S of this part; and
    (E) Oil and gas well drilling and servicing.
    (2) Application. (i) This standard applies to the control of energy 
during servicing and/or maintenance of machines and equipment.
    (ii) Normal production operations are not covered by this standard 
(See subpart 0 of this part). Servicing and/or maintenance which takes 
place during normal production operations is covered by this standard 
only if;:
    (A) An employee is required to remove or bypass a guard or other 
safety device; or
    (B) An employee is required to place any part of his or her body 
into an area on a machine or piece of equipment where work is actually 
performed upon the material being processed (point of operation) or 
where an associated danger zone exists during a machine operating cycle.

    Note: Exception to paragraph (a)(2)(ii): Minor tool changes and 
adjustments, and other minor servicing activities, which take place 
during normal production operations, are not covered by this standard if 
they are routine, repetitive, and integral to the use of the equipment 
for production, provided that the work is performed using alternative 
measures which provide effective protection (See subpart 0 of this 
part).

    (iii) This standard does not apply to the following.
    (A) Work on cord and plug connected electric equipment for which 
exposure to the hazards of unexpected energization or start up of the 
equipment is controlled by the unplugging of the equipment from the 
energy source and by the plug being under the exclusive control of the 
employee performing the servicing or maintenance.
    (B) Hot tap operations involving transmission and distribution 
systems for substances such as gas, steam, water or petroleum products 
when they are performed on pressurized pipelines, provided that the 
employer demonstrates that (1) continuity of service is essential; (2) 
shutdown of the system is impractical; and (3) documented procedures are 
followed, and special equipment is used which will provide proven 
effective protection for employees.
    (3) Purpose. (i) This section requires employers to establish a 
program and utilize procedures for affixing appropriate lockout devices 
or tagout devices to energy isolating devices, and to otherwise disable 
machines or equipment to prevent unexpected energization, start-up or 
release of stored energy in order to prevent injury to employees.
    (ii) When other standards in this part require the use of lockout or 
tagout, they shall be used and supplemented by the procedural and 
training requirements of this section.
    (b) Definitions applicable to this section.
    Affected employee. An employee whose job requires him/her to operate 
or use a machine or equipment on which servicing or maintenance is being 
performed under lockout or tagout, or whose job requires him/her to work 
in an area in which such servicing or maintenance is being performed.
    Authorized employee. A person who locks out or tags out machines or 
equipment in order to perform servicing or maintenance on that machine 
or equipment. An affected employee becomes an authorized employee when 
that employee's duties include performing servicing or maintenance 
covered under this section.
    Capable of being locked out. An energy isolating device is capable 
of being locked out if it has a hasp or other means of attachment to 
which, or

[[Page 499]]

through which, a lock can be affixed, or it has a locking mechanism 
built into it. Other energy isolating devices are capable of being 
locked out, if lockout can be achieved without the need to dismantle, 
rebuild, or replace the energy isolating device or permanently alter its 
energy control capability.
    Energized. Connected to an energy source or containing residual or 
stored energy.
    Energy isolating device. A mechanical device that physically 
prevents the transmission or release of energy, including but not 
limited to the following: A manually operated electrical circuit 
breaker; a disconnect switch; a manually operated switch by which the 
conductors of a circuit can be disconnected from all ungrounded supply 
conductors, and, in addition, no pole can be operated independently; a 
line valve; a block; and any similar device used to block or isolate 
energy. Push buttons, selector switches and other control circuit type 
devices are not energy isolating devices.
    Energy source. Any source of electrical, mechanical, hydraulic, 
pneumatic, chemical, thermal, or other energy.
    Hot tap. A procedure used in the repair, maintenance and services 
activities which involves welding on a piece of equipment (pipelines, 
vessels or tanks) under pressure, in order to install connections or 
appurtenances. It is commonly used to replace or add sections of 
pipeline without the interruption of service for air, gas, water, steam, 
and petrochemical distribution systems.
    Lockout. The placement of a lockout device on an energy isolating 
device, in accordance with an established procedure, ensuring that the 
energy isolating device and the equipment being controlled cannot be 
operated until the lockout device is removed.
    Lockout device. A device that utilizes a positive means such as a 
lock, either key or combination type, to hold an energy isolating device 
in a safe position and prevent the energizing of a machine or equipment. 
Included are blank flanges and bolted slip blinds.
    Normal production operations. The utilization of a machine or 
equipment to perform its intended production function.
    Servicing and/or maintenance. Workplace activities such as 
constructing, installing, setting up, adjusting, inspecting, modifying, 
and maintaining and/or servicing machines or equipment. These activities 
include lubrication, cleaning or unjamming of machines or equipment and 
making adjustments or tool changes, where the employee may be exposed to 
the unexpected energization or startup of the equipment or release of 
hazardous energy.
    Setting up. Any work performed to prepare a machine or equipment to 
perform its normal production operation.
    Tagout. The placement of a tagout device on an energy isolating 
device, in accordance with an established procedure, to indicate that 
the energy isolating device and the equipment being controlled may not 
be operated until the tagout device is removed.
    Tagout device. A prominent warning device, such as a tag and a means 
of attachment, which can be securely fastened to an energy isolating 
device in accordance with an established procedure, to indicate that the 
energy isolating device and the equipment being controlled may not be 
operated until the tagout device is removed.
    (c) General--(1) Energy control program. The employer shall 
establish a program consisting of energy control procedures, employee 
training and periodic inspections to ensure that before any employee 
performs any servicing or maintenance on a machine or equipment where 
the unexpected energizing, start up or release of stored energy could 
occur and cause injury, the machine or equipment shall be isolated from 
the energy source, and rendered inoperative.
    (2) Lockout/tagout. (i) If an energy isolating device is not capable 
of being locked out, the employer's energy control program under 
paragraph (c)(1) of this section shall utilize a tagout system.
    (ii) If an energy isolating device is capable of being locked out, 
the employer's energy control program under paragraph (c)(1) of this 
section shall utilize lockout, unless the employer can demonstrate that 
the utilization of

[[Page 500]]

a tagout system will provide full employee protection as set forth in 
paragraph (c)(3) of this section.
    (iii) After January 2, 1990, whenever replacement or major repair, 
renovation or modification of a machine or equipment is performed, and 
whenever new machines or equipment are installed, energy isolating 
devices for such machine or equipment shall be designed to accept a 
lockout device.
    (3) Full employee protection. (i) When a tagout device is used on an 
energy isolating device which is capable of being locked out, the tagout 
device shall be attached at the same location that the lockout device 
would have been attached, and the employer shall demonstrate that the 
tagout program will provide a level of safety equivalent to that 
obtained by using a lockout program.
    (ii) In demonstrating that a level of safety is achieved in the 
tagout program which is equivalent to the level of safety obtained by 
using a lockout program, the employer shall demonstrate full compliance 
with all tagout-related provisions of this standard together with such 
additional elements as are necessary to provide the equivalent safety 
available from the use of a lockout device. Additional means to be 
considered as part of the demonstration of full employee protection 
shall include the implementation of additional safety measures such as 
the removal of an isolating circuit element, blocking of a controlling 
switch, opening of an extra disconnecting device, or the removal of a 
valve handle to reduce the likelihood of inadvertent energization.
    (4) Energy control procedure. (i) Procedures shall be developed, 
documented and utilized for the control of potentially hazardous energy 
when employees are engaged in the activities covered by this section.

    Note: Exception: The employer need not document the required 
procedure for a particular machine or equipment, when all of the 
following elements exist: (1) The machine or equipment has no potential 
for stored or residual energy or reaccumulation of stored energy after 
shut down which could endanger employees; (2) the machine or equipment 
has a single energy source which can be readily identified and isolated; 
(3) the isolation and locking out of that energy source will completely 
deenergize and deactivate the machine or equipment; (4) the machine or 
equipment is isolated from that energy source and locked out during 
servicing or maintenance; (5) a single lockout device will achieve a 
locked-out condition; (6) the lockout device is under the exclusive 
control of the authorized employee performing the servicing or 
maintenance; (7) the servicing or maintenance does not create hazards 
for other employees; and (8) the employer, in utilizing this exception, 
has had no accidents involving the unexpected activation or 
reenergization of the machine or equipment during servicing or 
maintenance.

    (ii) The procedures shall clearly and specifically outline the 
scope, purpose, authorization, rules, and techniques to be utilized for 
the control of hazardous energy, and the means to enforce compliance 
including, but not limited to, the following:
    (A) A specific statement of the intended use of the procedure;
    (B) Specific procedural steps for shutting down, isolating, blocking 
and securing machines or equipment to control hazardous energy;
    (C) Specific procedural steps for the placement, removal and 
transfer of lockout devices or tagout devices and the responsibility for 
them; and
    (D) Specific requirements for testing a machine or equipment to 
determine and verify the effectiveness of lockout devices, tagout 
devices, and other energy control measures.
    (5) Protective materials and hardware. (i) Locks, tags, chains, 
wedges, key blocks, adapter pins, self-locking fasteners, or other 
hardware shall be provided by the employer for isolating, securing or 
blocking of machines or equipment from energy sources.
    (ii) Lockout devices and tagout devices shall be singularly 
identified; shall be the only devices(s) used for controlling energy; 
shall not be used for other purposes; and shall meet the following 
requirements:
    (A) Durable. (1) Lockout and tagout devices shall be capable of 
withstanding the environment to which they are exposed for the maximum 
period of time that exposure is expected.
    (2) Tagout devices shall be constructed and printed so that exposure 
to weather conditions or wet and damp

[[Page 501]]

locations will not cause the tag to deteriorate or the message on the 
tag to become illegible.
    (3) Tags shall not deteriorate when used in corrosive environments 
such as areas where acid and alkali chemicals are handled and stored.
    (B) Standardized. Lockout and tagout devices shall be standardized 
within the facility in at least one of the following criteria: Color; 
shape; or size; and additionally, in the case of tagout devices, print 
and format shall be standardized.
    (C) Substantial--(1) Lockout devices. Lockout devices shall be 
substantial enough to prevent removal without the use of excessive force 
or unusual techniques, such as with the use of bolt cutters or other 
metal cutting tools.
    (2) Tagout devices. Tagout devices, including and their means of 
attachment, shall be substantial enough to prevent inadvertent or 
accidental removal. Tagout device attachment means shall be of a non-
reusable type, attachable by hand, self-locking, and non-releasable with 
a minimum unlocking strength of no less than 50 pounds and having the 
general design and basic characteristics of being at least equivalent to 
a one-piece, all-environment-tolerant nylon cable tie.
    (D) Identifiable. Lockout devices and tagout devices shall indicate 
the identity of the employee applying the device(s).
    (iii) Tagout devices shall warn against hazardous conditions if the 
machine or equipment is energized and shall include a legend such as the 
following: Do Not Start, Do Not Open, Do Not Close, Do Not Energize, Do 
Not Operate.
    (6) Periodic inspection. (i) The employer shall conduct a periodic 
inspection of the energy control procedure at least annually to ensure 
that the procedure and the requirements of this standard are being 
followed.
    (A) The periodic inspection shall be perfomed by an authorized 
employee other than the ones(s) utilizing the energy control procedure 
being inspected.
    (B) The periodic inspection shall be conducted to correct any 
deviations or inadequacies identified.
    (C) Where lockout is used for energy control, the periodic 
inspection shall include a review, between the inspector and each 
authorized employee, of that employee's responsibilities under the 
energy control procedure being inspected.
    (D) Where tagout is used for energy control, the periodic inspection 
shall include a review, between the inspector and each authorized and 
affected employee, of that employee's responsibilities under the energy 
control procedure being inspected, and the elements set forth in 
paragraph (c)(7)(ii) of this section.
    (ii) The employer shall certify that the periodic inspections have 
been performed. The certification shall identify the machine or 
equipment on which the energy control procedure was being utilized, the 
date of the inspection, the employees included in the inspection, and 
the person performing the inspection.
    (7) Training and communication. (i) The employer shall provide 
training to ensure that the purpose and function of the energy control 
program are understood by employees and that the knowledge and skills 
required for the safe application, usage, and removal of the energy 
controls are acquired by employees. The training shall include the 
following:
    (A) Each authorized employee shall receive training in the 
recognition of applicable hazardous energy sources, the type and 
magnitude of the energy available in the workplace, and the methods and 
means necessary for energy isolation and control.
    (B) Each affected employee shall be instructed in the purpose and 
use of the energy control procedure.
    (C) All other employees whose work operations are or may be in an 
area where energy control procedures may be utilized, shall be 
instructed about the procedure, and about the prohibition relating to 
attempts to restart or reenergize machines or equipment which are locked 
out or tagged out.
    (ii) When tagout systems are used, employees shall also be trained 
in the following limitations of tags:
    (A) Tags are essentially warning devices affixed to energy isolating 
devices, and do not provide the physical restraint on those devices that 
is provided by a lock.

[[Page 502]]

    (B) When a tag is attached to an energy isolating means, it is not 
to be removed without authorization of the authorized person responsible 
for it, and it is never to be bypassed, ignored, or otherwise defeated.
    (C) Tags must be legible and understandable by all authorized 
employees, affected employees, and all other employees whose work 
operations are or may be in the area, in order to be effective.
    (D) Tags and their means of attachment must be made of materials 
which will withstand the environmental conditions encountered in the 
workplace.
    (E) Tags may evoke a false sense of security, and their meaning 
needs to be understood as part of the overall energy control program.
    (F) Tags must be securely attached to energy isolating devices so 
that they cannot be inadvertently or accidentally detached during use.
    (iii) Employee retraining.
    (A) Retraining shall be provided for all authorized and affected 
employees whenever there is a change in their job assignments, a change 
in machines, equipment or processes that present a new hazard, or when 
there is a change in the energy control procedures.
    (B) Additional retraining shall also be conducted whenever a 
periodic inspection under paragraph (c)(6) of this section reveals, or 
whenever the employer has reason to believe, that there are deviations 
from or inadequacies in the employee's knowledge or use of the energy 
control procedures.
    (C) The retraining shall reestablish employee proficiency and 
introduce new or revised control methods and procedures, as necessary.
    (iv) The employer shall certify that employee training has been 
accomplished and is being kept up to date. The certification shall 
contain each employee's name and dates of training.
    (8) Energy isolation. Lockout or tagout shall be performed only 
bythe authorized employees who are performing the servicing or 
maintenance.
    (9) Notification of employees. Affected employees shall be notified 
by the employer or authorized employee of the application and removal of 
lockout devices or tagout devices. Notification shall be given before 
the controls are applied, and after they are removed from the machine or 
equipment.
    (d) Application of control. The established procedures for the 
application of energy control (the lockout or tagout procedures) shall 
cover the following elements and actions and shall be done in the 
following sequence:
    (1) Preparation for shutdown. Before an authorized or affected 
employee turns off a machine or equipment, the authorized employee shall 
have knowledge of the type and magnitude of the energy, the hazards of 
the energy to be controlled, and the method or means to control the 
energy.
    (2) Machine or equipment shutdown. The machine or equipment shall be 
turned off or shut down using the procedures established for the machine 
or equipment. An orderly shutdown must be utilized to avoid any 
additional or increased hazard(s) to employees as a result of the 
equipment stoppage.
    (3) Machine or equipment isolation. All energy isolating devices 
that are needed to control the energy to the machine or equipment shall 
be physically located and operated in such a manner as to isolate the 
machine or equipment from the energy source(s).
    (4) Lockout or tagout device application. (i) Lockout or tagout 
devices shall be affixed to each energy isolating device by authorized 
employees.
    (ii) Lockout devices, where used, shall be affixed in a manner to 
that will hold the energy isolating devices in a ``safe'' or ``off'' 
position.
    (iii) Tagout devices, where used, shall be affixed in such a manner 
as will clearly indicate that the operation or movement of energy 
isolating devices from the ``safe'' or ``off'' position is prohibited.
    (A) Where tagout devices are used with energy isolating devices 
designed with the capability of being locked, the tag attachment shall 
be fastened at the same point at which the lock would have been 
attached.
    (B) Where a tag cannot be affixed directly to the energy isolating 
device, the tag shall be located as close as safely possible to the 
device, in a position that will be immediately obvious to anyone 
attempting to operate the device.

[[Page 503]]

    (5) Stored energy. (i) Following the application of lockout or 
tagout devices to energy isolating devices, all potentially hazardous 
stored or residual energy shall be relieved, disconnected, restrained, 
and otherwise rendered safe.
    (ii) If there is a possibility of reaccumulation of stored energy to 
a hazardous level, verification of isolation shall be continued until 
the servicing or maintenance is completed, or until the possibility of 
such accumulation no longer exists.
    (6) Verification of isolation. Prior to starting work on machines or 
equipment that have been locked out or tagged out, the authorized 
employee shall verify that isolation and deenergization of the machine 
or equipment have been accomplished.
    (e) Release from lockout or tagout. Before lockout or tagout devices 
are removed and energy is restored to the machine or equipment, 
procedures shall be followed and actions taken by the authorized 
employee(s) to ensure the following:
    (1) The machine or equipment. The work area shall be inspected to 
ensure that nonessential items have been removed and to ensure that 
machine or equipment components are operationally intact.
    (2) Employees. (i) The work area shall be checked to ensure that all 
employees have been safely positioned or removed.
    (ii) After lockout or tagout devices have been removed and before a 
machine or equipment is started, affected employees shall be notified 
that the lockout or tagout device(s) have been removed.
    (3) Lockout or tagout devices removal. Each lockout or tagout device 
shall be removed from each energy isolating device by the employee who 
applied the device. Exception to paragraph (e)(3): When the authorized 
employee who applied the lockout or tagout device is not available to 
remove it, that device may be removed under the direction of the 
employer, provided that specific procedures and training for such 
removal have been developed, documented and incorporated into the 
employer's energy control program. The employer shall demonstrate that 
the specific procedure provides equivalent safety to the removal of the 
device by the authorized employee who applied it. The specific procedure 
shall include at least the following elements:
    (i) Verfication by the employer that the authorized employee who 
applied the device is not at the facility;
    (ii) Making all reasonable efforts to contact the authorized 
employee to inform him/her that his/her lockout or tagout device has 
been removed; and
    (iii) Ensuring that the authorized employee has this knowledge 
before he/she resumes work at that facility.
    (f) Additional requirements--(1) Testing or positioning of machines, 
equipment or components thereof. In situations in which lockout or 
tagout devices must be temporarily removed from the energy isolating 
device and the machine or equipment energized to test or position the 
machine, equipment or component thereof, the following sequence of 
actions shall be followed:
    (i) Clear the machine or equipment of tools and materials in 
accordance with paragraph (e)(1) of this section;
    (ii) Remove employees from the machine or equipment area in 
accordance with paragraph (e)(2) of this section;
    (iii) Remove the lockout or tagout devices as specified in paragraph 
(e)(3) of this section;
    (iv) Energize and proceed with testing or positioning;
    (v) Deenergize all systems and reapply energy control measures in 
accordance with paragraph (d) of this section to continue the servicing 
and/or maintenance.
    (2) Outside personnel (contractors, etc.). (i) Whenever outside 
servicing personnel are to be engaged in activities covered by the scope 
and application of this standard, the on-site employer and the outside 
employer shall inform each other of their respective lockout or tagout 
procedures.
    (ii) The on-site employer shall ensure that his/her employees 
understand and comply with the restrictions and prohibitions of the 
outside employer's energy control program.
    (3) Group lockout or tagout. (i) When servicing and/or maintenance 
is performed by a crew, craft, department or other group, they shall 
utilize a procedure which affords the employees a level of protection 
equivalent to that

[[Page 504]]

provided by the implementation of a personal lockout or tagout device.
    (ii) Group lockout or tagout devices shall be used in accordance 
with the procedures required by paragraph (c)(4) of this section 
including, but not necessarily limited to, the following specific 
requirements:
    (A) Primary responsibility is vested in an authorized employee for a 
set number of employees working under the protection of a group lockout 
or tagout device (such as an operations lock);
    (B) Provision for the authorized employee to ascertain the exposure 
status of individual group members with regard to the lockout or tagout 
of the machine or equipment and
    (C) When more than one crew, craft, department, etc. is involved, 
assignment of overall job-associated lockout or tagout control 
responsibility to an authorized employee designated to coordinate 
affected work forces and ensure continuity of protection; and
    (D) Each authorized employee shall affix a personal lockout or 
tagout device to the group lockout device, group lockbox, or comparable 
mechanism when he or she begins work, and shall remove those devices 
when he or she stops working on the machine or equipment being serviced 
or maintained.
    (4) Shift or personnel changes. Specific procedures shall be 
utilized during shift or personnel changes to ensure the continuity of 
lockout or tagout protection, including provision for the orderly 
transfer of lockout or tagout device protection between off-going and 
oncoming employees, to minimize exposure to hazards from the unexpected 
energization or start-up of the machine or equipment, or the release of 
stored energy.

    Note: The following appendix to Sec.  1910.147 services as a non-
mandatory guideline to assist employers and employees in complying with 
the requirements of this section, as well as to provide other helpful 
information. Nothing in the appendix adds to or detracts from any of the 
requirements of this section.

     Appendix A to Sec.  1910.147--Typical Minimal Lockout Procedure

                                 General

    The following simple lockout procedure is provided to assist 
employers in developing their procedures so they meet the requirements 
of this standard. When the energy isolating devices are not lockable, 
tagout may be used, provided the employer complies with the provisions 
of the standard which require additional training and more rigorous 
periodic inspections. When tagout is used and the energy isolating 
devices are lockable, the employer must provide full employee protection 
(see paragraph (c)(3)) and additional training and more rigorous 
periodic inspections are required. For more complex systems, more 
comprehensive procedures may need to be developed, documented and 
utilized.

                            Lockout Procedure

Lockout procedure for

________________________________________________________________________

(Name of Company for single procedure or identification of equipment if 
multiple procedures are used)

                                 Purpose

    This procedure establishes the minimum requirements for the lockout 
of energy isolating devices whenever maintenance or servicing is done on 
machines or equipment. It shall be used to ensure that the machine or 
equipment is stopped, isolated from all potentially hazardous energy 
sources and locked out before employees perform any servicing or 
maintenance where the unexpected energization or start-up of the machine 
or equipment or release of stored energy could cause injury.

                      Compliance With This Program

    All employees are required to comply with the restrictions and 
limitations imposed upon them during the use of lockout. The authorized 
employees are required to perform the lockout in accordance with this 
procedure. All employees, upon observing a machine or piece of equipment 
which is locked out to perform servicing or maintenance shall not 
attempt to start, energize or use that machine or equipment.

________________________________________________________________________

Type of compliance enforcement to be taken for violation of the above.

                           Sequence of Lockout

    (1) Notify all affected employees that servicing or maintenance is 
required on a machine or equipment and that the machine or equipment 
must be shut down and locked out to perform the servicing or 
maintenance.

________________________________________________________________________

Name(s)/Job Title(s) of affected employees and how to notify.

    (2) The authorized employee shall refer to the company procedure to 
identify the type

[[Page 505]]

and magnitude of the energy that the machine or equipment utilizes, 
shall understand the hazards of the energy, and shall know the methods 
to control the energy.

________________________________________________________________________

Type(s) and magnitude(s) of energy, its hazards and the methods to 
control the energy.

    (3) If the machine or equipment is operating, shut it down by the 
normal stopping procedure (depress stop button, open switch, close 
valve, etc.).

________________________________________________________________________

Type(s) and location(s) of machine or equipment operating controls.
    (4) De-activate the energy isolating device(s) so that the machine 
or equipment is isolated from the energy source(s).

________________________________________________________________________

Type(s) and location(s) of energy isolating devices.

    (5) Lock out the energy isolating device(s) with assigned individual 
lock(s).
    (6) Stored or residual energy (such as that in capacitors, springs, 
elevated machine members, rotating flywheels, hydraulic systems, and 
air, gas, steam, or water pressure, etc.) must be dissipated or 
restrained by methods such as grounding, repositioning, blocking, 
bleeding down, etc.

________________________________________________________________________

Type(s) of stored energy--methods to dissipate or restrain.

    (7) Ensure that the equipment is disconnected from the energy 
source(s) by first checking that no personnel are exposed, then verify 
the isolation of the equipment by operating the push button or other 
normal operating control(s) or by testing to make certain the equipment 
will not operate.

    Caution: Return operating control(s) to neutral or ``off'' position 
after verifying the isolation of the equipment.

________________________________________________________________________

Method of verifying the isolation of the equipment.

    (8) The machine or equipment is now locked out.
    Restoring Equipment to Service. When the servicing or maintenance is 
completed and the machine or equipment is ready to return to normal 
operating condition, the following steps shall be taken.
    (1) Check the machine or equipment and the immediate area around the 
machine or equipment to ensure that nonessential items have been removed 
and that the machine or equipment components are operationally intact.
    (2) Check the work area to ensure that all employees have been 
safely positioned or removed from the area.
    (3) Verify that the controls are in neutral.
    (4) Remove the lockout devices and reenergize the machine or 
equipment.

    Note: The removal of some forms of blocking may require 
reenergization of the machine before safe removal.
    (5) Notify affected employees that the servicing or maintenance is 
completed and the machine or equipment is ready for use.

[54 FR 36687, Sept. 1, 1989, as amended at 54 FR 42498, Oct. 17, 1989; 
55 FR 38685, 38686, Sept. 20, 1990; 76 FR 24698, May 2, 2011; 76 FR 
44265, July 25, 2011]



                     Subpart K_Medical and First Aid

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970, 29 U.S.C. 653, 655, and 657; Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-
90 (55 FR 9033), 6-96 (62 FR 111), or 3-2000 (65 FR 50017), as 
applicable, and 29 CFR part 1911.



Sec.  1910.151  Medical services and first aid.

    (a) The employer shall ensure the ready availability of medical 
personnel for advice and consultation on matters of plant health.
    (b) In the absence of an infirmary, clinic, or hospital in near 
proximity to the workplace which is used for the treatment of all 
injured employees, a person or persons shall be adequately trained to 
render first aid. Adequate first aid supplies shall be readily 
available.
    (c) Where the eyes or body of any person may be exposed to injurious 
corrosive materials, suitable facilities for quick drenching or flushing 
of the eyes and body shall be provided within the work area for 
immediate emergency use.

      Appendix A to Sec.  1910.151--First aid kits (Non-Mandatory)

    First aid supplies are required to be readily available under 
paragraph Sec.  1910.151(b). An example of the minimal contents of a 
generic first aid kit is described in American National Standard (ANSI) 
Z308.1-1998 ``Minimum Requirements for Workplace First-aid Kits.'' The 
contents of the kit listed in the ANSI standard should be adequate for 
small worksites. When larger operations or multiple operations are being 
conducted at the same location, employers should determine the need for 
additional first aid kits at the worksite, additional types of first aid 
equipment and supplies and additional quantities

[[Page 506]]

and types of supplies and equipment in the first aid kits.
    In a similar fashion, employers who have unique or changing first-
aid needs in their workplace may need to enhance their first-aid kits. 
The employer can use the OSHA 300 log, OSHA 301 log, or other reports to 
identify these unique problems. Consultation from the local fire/rescue 
department, appropriate medical professional, or local emergency room 
may be helpful to employers in these circumstances. By assessing the 
specific needs of their workplace, employers can ensure that reasonably 
anticipated supplies are available. Employers should assess the specific 
needs of their worksite periodically and augment the first aid kit 
appropriately.
    If it is reasonably anticipated that employees will be exposed to 
blood or other potentially infectious materials while using first aid 
supplies, employers are required to provide appropriate personal 
protective equipment (PPE) in compliance with the provisions of the 
Occupational Exposure to Blood borne Pathogens standard, Sec.  
1910.1030(d)(3) (56 FR 64175). This standard lists appropriate PPE for 
this type of exposure, such as gloves, gowns, face shields, masks, and 
eye protection.

[39 FR 23502, June 27, 1974, as amended at 63 FR 33466, June 18, 1998; 
70 FR 1141, Jan. 5, 2005; 76 FR 80739, Dec. 27, 2011]



Sec.  1910.152  [Reserved]



                        Subpart L_Fire Protection

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-
90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), or 5-2007 (72 FR 31160), as applicable, and 29 CFR part 1911.



Sec.  1910.155  Scope, application and definitions applicable to this subpart.

    (a) Scope. This subpart contains requirements for fire brigades, and 
all portable and fixed fire suppression equipment, fire detection 
systems, and fire or employee alarm systems installed to meet the fire 
protection requirements of 29 CFR part 1910.
    (b) Application. This subpart applies to all employments except for 
maritime, construction, and agriculture.
    (c) Definitions applicable to this subpart--(1) After-flame means 
the time a test specimen continues to flame after the flame source has 
been removed.
    (2) Aqueous film forming foam (AFFF) means a fluorinated surfactant 
with a foam stabilizer which is diluted with water to act as a temporary 
barrier to exclude air from mixing with the fuel vapor by developing an 
aqueous film on the fuel surface of some hydrocarbons which is capable 
of suppressing the generation of fuel vapors.
    (3) Approved means acceptable to the Assistant Secretary under the 
following criteria:
    (i) If it is accepted, or certified, or listed, or labeled or 
otherwise determined to be safe by a nationally recognized testing 
laboratory; or
    (ii) With respect to an installation or equipment of a kind which no 
nationally recognized testing laboratory accepts, certifies, lists, 
labels, or determines to be safe, if it is inspected or tested by 
another Federal agency and found in compliance with the provisions of 
the applicable National Fire Protection Association Fire Code; or
    (iii) With respect to custom-made equipment or related installations 
which are designed, fabricated for, and intended for use by its 
manufacturer on the basis of test data which the employer keeps and 
makes available for inspection to the Assistant Secretary.
    (iv) For the purposes of paragraph (c)(3) of this section:
    (A) Equipment is listed if it is of a kind mentioned in a list which 
is published by a nationally recognized testing laboratory which makes 
periodic inspections of the production of such equipment and which 
states that such equipment meets nationally recognized standards or has 
been tested and found safe for use in a specified manner;
    (B) Equipment is labeled if there is attached to it a label, symbol, 
or other identifying mark of a nationally recognized testing 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;
    (C) Equipment is accepted if it has been inspected and found by a 
nationally recognized testing laboratory to conform to specified plans 
or to procedures of applicable codes; and
    (D) Equipment is certified if it has been tested and found by a 
nationally

[[Page 507]]

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 if it bears a label, tag, or other record of 
certification.
    (E) Refer to Sec.  1910.7 for definition of nationally recognized 
testing laboratory.
    (4) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or designee.
    (5) Automatic fire detection device means a device designed to 
automatically detect the presence of fire by heat, flame, light, smoke 
or other products of combustion.
    (6) Buddy-breathing device means an accessory to self-contained 
breathing apparatus which permits a second person to share the same air 
supply as that of the wearer of the apparatus.
    (7) Carbon dioxide means a colorless, odorless, electrically 
nonconductive inert gas (chemical formula CO2) that is a 
medium for extinguishing fires by reducing the concentration of oxygen 
or fuel vapor in the air to the point where conbustion is impossible.
    (8) Class A fire means a fire involving ordinary combustible 
materials such as paper, wood, cloth, and some rubber and plastic 
materials.
    (9) Class B fire means a fire involving flammable or combustible 
liquids, flammable gases, greases and similar materials, and some rubber 
and plastic materials.
    (10) Class C fire means a fire involving energized electrical 
equipment where safety to the employee requires the use of electrically 
nonconductive extinguishing media.
    (11) Class D fire means a fire involving combustible metals such as 
magnesium, titanium, zirconium, sodium, lithium and potassium.
    (12) Dry chemical means an extinguishing agent composed of very 
small particles of chemicals such as, but not limited to, sodium 
bicarbonate, potassium bicarbonate, urea-based potassium bicarbonate, 
potassium chloride, or monoammonium phosphate supplemented by special 
treatment to provide resistance to packing and moisture absorption 
(caking) as well as to provide proper flow capabilities. Dry chemical 
does not include dry powders.
    (13) Dry powder means a compound used to extinguish or control Class 
D fires.
    (14) Education means the process of imparting knowledge or skill 
through systematic instruction. It does not require formal classroom 
instruction.
    (15) Enclosed structure means a structure with a roof or ceiling and 
at least two walls which may present fire hazards to employees, such as 
accumulations of smoke, toxic gases and heat, similar to those found in 
buildings.
    (16) Extinguisher classification means the letter classification 
given an extinguisher to designate the class or classes of fire on which 
an extinguisher will be effective.
    (17) Extinguisher rating means the numerical rating given to an 
extinguisher which indicates the extinguishing potential of the unit 
based on standardized tests developed by Underwriters' Laboratories, 
Inc.
    (18) Fire brigade (private fire department, industrial fire 
department) means an organized group of employees who are knowledgeable, 
trained, and skilled in at least basic fire fighting operations.
    (19) Fixed extinguishing system means a permanently installed system 
that either extinguishes or controls a fire at the location of the 
system.
    (20) Flame resistance is the property of materials, or combinations 
of component materials, to retard ignition and restrict the spread of 
flame.
    (21) Foam means a stable aggregation of small bubbles which flow 
freely over a burning liquid surface and form a coherent blanket which 
seals combustible vapors and thereby extinguishes the fire.
    (22) Gaseous agent is a fire extinguishing agent which is in the 
gaseous state at normal room temperature and pressure. It has low 
viscosity, can expand or contract with changes in pressure and 
temperature, and has the ability to diffuse readily and to distribute 
itself uniformly throughout an enclosure.
    (23) Halon 1211 means a colorless, faintly sweet smelling, 
electrically nonconductive liquefied gas (chemical formula 
CBrC1F2) which is a medium

[[Page 508]]

for extinguishing fires by inhibiting the chemical chain reaction of 
fuel and oxygen. It is also known as bromochlorodifluoromethane.
    (24) Halon 1301 means a colorless, odorless, electrically 
nonconductive gas (chemical formula CBrF3) which is a medium 
for extinguishing fires by inhibiting the chemical chain reaction of 
fuel and oxygen. It is also known as bromotrifluoromethane.
    (25) Helmet is a head protective device consisting of a rigid shell, 
energy absorption system, and chin strap intended to be worn to provide 
protection for the head or portions thereof, against impact, flying or 
falling objects, electric shock, penetration, heat and flame.
    (26) Incipient stage fire means a fire which is in the initial or 
beginning stage and which can be controlled or extinguished by portable 
fire extinguishers, Class II standpipe or small hose systems without the 
need for protective clothing or breathing apparatus.
    (27) Inspection means a visual check of fire protection systems and 
equipment to ensure that they are in place, charged, and ready for use 
in the event of a fire.
    (28) Interior structural fire fighting means the physical activity 
of fire suppression, rescue or both, inside of buildings or enclosed 
structures which are involved in a fire situation beyond the incipient 
stage.
    (29) Lining means a material permanently attached to the inside of 
the outer shell of a garment for the purpose of thermal protection and 
padding.
    (30) Local application system means a fixed fire suppression system 
which has a supply of extinguishing agent, with nozzles arranged to 
automatically discharge extinguishing agent directly on the burning 
material to extinguish or control a fire.
    (31) Maintenance means the performance of services on fire 
protection equipment and systems to assure that they will perform as 
expected in the event of a fire. Maintenance differs from inspection in 
that maintenance requires the checking of internal fittings, devices and 
agent supplies.
    (32) Multipurpose dry chemical means a dry chemical which is 
approved for use on Class A, Class B and Class C fires.
    (33) Outer shell is the exterior layer of material on the fire coat 
and protective trousers which forms the outermost barrier between the 
fire fighter and the environment. It is attached to the vapor barrier 
and liner and is usually constructed with a storm flap, suitable 
closures, and pockets.
    (34) Positive-pressure breathing apparatus means self-contained 
breathing apparatus in which the pressure in the breathing zone is 
positive in relation to the immediate environment during inhalation and 
exhalation.
    (35) Pre-discharge employee alarm means an alarm which will sound at 
a set time prior to actual discharge of an extinguishing system so that 
employees may evacuate the discharge area prior to system discharge.
    (36) Quick disconnect valve means a device which starts the flow of 
air by inserting of the hose (which leads from the facepiece) into the 
regulator of self-contained breathing apparatus, and stops the flow of 
air by disconnection of the hose from the regulator.
    (37) Sprinkler alarm means an approved device installed so that any 
waterflow from a sprinkler system equal to or greater than that from 
single automatic sprinkler will result in an audible alarm signal on the 
premises.
    (38) Sprinkler system means a system of piping designed in 
accordance with fire protection engineering standards and installed to 
control or extinguish fires. The system includes an adequate and 
reliable water supply, and a network of specially sized piping and 
sprinklers which are interconnected. The system also includes a control 
valve and a device for actuating an alarm when the system is in 
operation.
    (39) Standpipe systems. (i) Class I standpipe system means a 2\1/
2\ (6.3 cm) hose connection for use by fire departments and 
those trained in handling heavy fire streams.
    (ii) Class II standpipe system means a 1\1/2\ (3.8 cm) 
hose system which provides a means for the control or extinguishment of 
incipient stage fires.
    (iii) Class III standpipe system means a combined system of hose 
which is for the use of employees trained in the use

[[Page 509]]

of hose operations and which is capable of furnishing effective water 
discharge during the more advanced stages of fire (beyond the incipient 
stage) in the interior of workplaces. Hose outlets are available for 
both 1\1/2\ (3.8 cm) and 2\1/2\ (6.3 cm) hose.
    (iv) Small hose system means a system of hose ranging in diameter 
from \5/8\ (1.6 cm up to 1\1/2\ (3.8 cm) which is 
for the use of employees and which provides a means for the control and 
extinguishment of incipient stage fires.
    (40) Total flooding system means a fixed suppression system which is 
arranged to automatically discharge a predetermined concentration of 
agent into an enclosed space for the purpose of fire extinguishment or 
control.
    (41) Training means the process of making proficient through 
instruction and hands-on practice in the operation of equipment, 
including respiratory protection equipment, that is expected to be used 
and in the performance of assigned duties.
    (42) Vapor barrier means that material used to prevent or 
substantially inhibit the transfer of water, corrosive liquids and steam 
or other hot vapors from the outside of a garment to the wearer's body.

[45 FR 60704, Sept. 12, 1980, as amended at 53 FR 12122, Apr. 12, 1988]



Sec.  1910.156  Fire brigades.

    (a) Scope and application--(1) Scope. This section contains 
requirements for the organization, training, and personal protective 
equipment of fire brigades whenever they are established by an employer.
    (2) Application. The requirements of this section apply to fire 
brigades, industrial fire departments and private or contractual type 
fire departments. Personal protective equipment requirements apply only 
to members of fire brigades performing interior structural fire 
fighting. The requirements of this section do not apply to airport crash 
rescue or forest fire fighting operations.
    (b) Organization--(1) Organizational statement. The employer shall 
prepare and maintain a statement or written policy which establishes the 
existence of a fire brigade; the basic organizational structure; the 
type, amount, and frequency of training to be provided to fire brigade 
members; the expected number of members in the fire brigade; and the 
functions that the fire brigade is to perform at the workplace. The 
organizational statement shall be available for inspection by the 
Assistant Secretary and by employees or their designated 
representatives.
    (2) Personnel. The employer shall assure that employees who are 
expected to do interior structural fire fighting are physically capable 
of performing duties which may be assigned to them during emergencies. 
The employer shall not permit employees with known heart disease, 
epilepsy, or emphysema, to participate in fire brigade emergency 
activities unless a physician's certificate of the employees' fitness to 
participate in such activities is provided. For employees assigned to 
fire brigades before September 15, 1980, this paragraph is effective on 
September 15, 1990. For employees assigned to fire brigades on or after 
September 15, 1980, this paragraph is effective December 15, 1980.
    (c) Training and education. (1) The employer shall provide training 
and education for all fire brigade members commensurate with those 
duties and functions that fire brigade members are expected to perform. 
Such training and education shall be provided to fire brigade members 
before they perform fire brigade emergency activities. Fire brigade 
leaders and training instructors shall be provided with training and 
education which is more comprehensive than that provided to the general 
membership of the fire brigade.
    (2) The employer shall assure that training and education is 
conducted frequently enough to assure that each member of the fire 
brigade is able to perform the member's assigned duties and functions 
satisfactorily and in a safe manner so as not to endanger fire brigade 
members or other employees. All fire brigade members shall be provided 
with training at least annually. In addition, fire brigade members who 
are expected to perform interior structural fire fighting shall be 
provided with an education session or training at least quarterly.
    (3) The quality of the training and education program for fire 
brigade

[[Page 510]]

members shall be similar to those conducted by such fire training 
schools as the Maryland Fire and Rescue Institute; Iowa Fire Service 
Extension; West Virginia Fire Service Extension; Georgia Fire Academy, 
New York State Department, Fire Prevention and Control; Louisiana State 
University Firemen Training Program, or Washington State's Fire Service 
Training Commission for Vocational Education. (For example, for the oil 
refinery industry, with its unique hazards, the training and education 
program for those fire brigade members shall be similar to those 
conducted by Texas A & M University, Lamar University, Reno Fire School, 
or the Delaware State Fire School.)
    (4) The employer shall inform fire brigade members about special 
hazards such as storage and use of flammable liquids and gases, toxic 
chemicals, radioactive sources, and water reactive substances, to which 
they may be exposed during fire and other emergencies. The fire brigade 
members shall also be advised of any changes that occur in relation to 
the special hazards. The employer shall develop and make available for 
inspection by fire brigade members, written procedures that describe the 
actions to be taken in situations involving the special hazards and 
shall include these in the training and education program.
    (d) Fire fighting equipment. The employer shall maintain and 
inspect, at least annually, fire fighting equipment to assure the safe 
operational condition of the equipment. Portable fire extinguishers and 
respirators shall be inspected at least monthly. Fire fighting equipment 
that is in damaged or unserviceable condition shall be removed from 
service and replaced.
    (e) Protective clothing. The following requirements apply to those 
employees who perform interior structural fire fighting. The 
requirements do not apply to employees who use fire extinguishers or 
standpipe systems to control or extinguish fires only in the incipient 
stage.
    (1) General. (i) The employer shall provide at no cost to the 
employee and assure the use of protective clothing which complies with 
the requirements of this paragraph. The employer shall assure that 
protective clothing ordered or purchased after July 1, 1981, meets the 
requirements contained in this paragraph. As the new equipment is 
provided, the employer shall assure that all fire brigade members wear 
the equipment when performing interior structural fire fighting. After 
July 1, 1985, the employer shall assure that all fire brigade members 
wear protective clothing meeting the requirements of this paragraph when 
performing interior structural fire fighting.
    (ii) The employer shall assure that protective clothing protects the 
head, body, and extremities, and consists of at least the following 
components: foot and leg protection; hand protection; body protection; 
eye, face and head protection.
    (2) Foot and leg protection. (i) Foot and leg protection shall meet 
the requirements of paragraphs (e)(2)(ii) and (e)(2)(iii) of this 
section, and may be achieved by either of the following methods:
    (A) Fully extended boots which provide protection for the legs; or
    (B) Protective shoes or boots worn in combination with protective 
trousers that meet the requirements of paragraph (e)(3) of this section.
    (ii) Protective footwear shall meet the requirements of Sec.  
1910.136 for Class 75 footwear. In addition, protective footwear shall 
be water-resistant for at least 5 inches (12.7 cm) above the bottom of 
the heel and shall be equipped with slip-resistant outer soles.
    (iii) Protective footwear shall be tested in accordance with 
paragraph (1) of appendix E, and shall provide protection against 
penetration of the midsole by a size 8D common nail when at least 300 
pounds (1330 N) of static force is applied to the nail.
    (3) Body protection. (i) Body protection shall be coordinated with 
foot and leg protection to ensure full body protection for the wearer. 
This shall be achieved by one of the following methods:
    (A) Wearing of a fire-resistive coat meeting the requirements of 
paragraph (e)(3)(ii) of this section in combination with fully extended 
boots meeting the requirements of paragraphs (e)(2)(ii) and (e)(2)(iii) 
of this section; or

[[Page 511]]

    (B) Wearing of a fire-resistive coat in combination with protective 
trousers both of which meet the requirements of paragraph (e)(3)(ii) of 
this section.
    (ii) The performance, construction, and testing of fire-resistive 
coats and protective trousers shall be at least equivalent to the 
requirements of the National Fire Protection Association (NFPA) standard 
NFPA No. 1971-1975, ``Protective Clothing for Structural Fire 
Fighting,'' which is incorporated by reference as specified in Sec.  
1910.6, (See appendix D to subpart L) with the following permissible 
variations from those requirements:
    (A) Tearing strength of the outer shell shall be a minimum of 8 
pounds (35.6 N) in any direction when tested in accordance with 
paragraph (2) of appendix E; and
    (B) The outer shell may discolor but shall not separate or melt when 
placed in a forced air laboratory oven at a temperature of 500 [deg]F 
(260 [deg]C) for a period of five minutes. After cooling to ambient 
temperature and using the test method specified in paragraph (3) of 
appendix E, char length shall not exceed 4.0 inches (10.2 cm) and after-
flame shall not exceed 2.0 seconds.
    (4) Hand protection. (i) Hand protection shall consist of protective 
gloves or glove system which will provide protection against cut, 
puncture, and heat penetration. Gloves or glove system shall be tested 
in accordance with the test methods contained in the National Institute 
for Occupational Safety and Health (NIOSH) 1976 publication, ``The 
Development of Criteria for Fire Fighter's Gloves; Vol. II, Part II: 
Test Methods,'' which is incorporated by reference as specified in Sec.  
1910.6, (See appendix D to subpart L) and shall meet the following 
criteria for cut, puncture, and heat penetration:
    (A) Materials used for gloves shall resist surface cut by a blade 
with an edge having a 60[deg] included angle and a .001 inch (.0025 cm.) 
radius, under an applied force of 16 lbf (72N), and at a slicing 
velocity of greater or equal to 60 in/min (2.5 cm./sec);
    (B) Materials used for the palm and palm side of the fingers shall 
resist puncture by a penetrometer (simulating a 4d lath nail), under an 
applied force of 13.2 lbf (60N), and at a velocity greater or equal to 
20 in/min (.85 cm./sec); and
    (C) The temperature inside the palm and gripping surface of the 
fingers of gloves shall not exceed 135 [deg]F (57 [deg]C) when gloves or 
glove system are exposed to 932 [deg]F (500 [deg]C) for five seconds at 
4 psi (28 kPa) pressure.
    (ii) Exterior materials of gloves shall be flame resistant and shall 
be tested in accordance with paragraph (3) of appendix E. Maximum 
allowable afterflame shall be 2.0 seconds, and the maximum char length 
shall be 4.0 inches (10.2 cm).
    (iii) When design of the fire-resistive coat does not otherwise 
provide protection for the wrists, protective gloves shall have 
wristlets of at least 4.0 inches (10.2 cm) in length to protect the 
wrist area when the arms are extended upward and outward from the body.
    (5) Head, eye and face protection. (i) Head protection shall consist 
of a protective head device with ear flaps and chin strap which meet the 
performance, construction, and testing requirements of the National Fire 
Safety and Research Office of the National Fire Prevention and Control 
Administration, U.S. Department of Commerce (now known as the U.S. Fire 
Administration), which are contained in ``Model Performance Criteria for 
Structural Firefighters' Helmets'' (August 1977) which is incorporated 
by reference as specified in Sec.  1910.6, (See appendix D to subpart 
L).
    (ii) Protective eye and face devices which comply with Sec.  
1910.133 shall be used by fire brigade members when performing 
operations where the hazards of flying or falling materials which may 
cause eye and face injuries are present. Protective eye and face devices 
provided as accessories to protective head devices (face shields) are 
permitted when such devices meet the requirements of Sec.  1910.133.
    (iii) Full facepieces, helmets, or hoods of breathing apparatus 
which meet the requirements of Sec.  1910.134 and paragraph (f) of this 
section, shall be acceptable as meeting the eye and face protection 
requirements of paragraph (e)(5)(ii) of this section.
    (f) Respiratory protection devices--(1) General requirements. (i) 
The employer

[[Page 512]]

must ensure that respirators are provided to, and used by, each fire 
brigade member, and that the respirators meet the requirements of 29 CFR 
1910.134 for each employee required by this section to use a respirator.
    (ii) Approved self-contained breathing apparatus with full-
facepiece, or with approved helmet or hood configuration, shall be 
provided to and worn by fire brigade members while working inside 
buildings or confined spaces where toxic products of combustion or an 
oxygen deficiency may be present.

Such apparatus shall also be worn during emergency situations involving 
toxic substances.
    (iii) Approved self-contained breathing apparatus may be equipped 
with either a ``buddy-breathing'' device or a quick disconnect valve, 
even if these devices are not certified by NIOSH. If these accessories 
are used, they shall not cause damage to the apparatus, or restrict the 
air flow of the apparatus, or obstruct the normal operation of the 
apparatus.
    (iv) 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 DOT and NIOSH 
criteria.
    (v) Self-contained breathing apparatuses must have a minimum 
service-life rating of 30 minutes in accordance with the methods and 
requirements specified by NIOSH under 42 CFR part 84, except for escape 
self-contained breathing apparatus (ESCBAs) used only for emergency 
escape purposes.
    (vi) Self-contained breathing apparatus shall be provided with an 
indicator which automatically sounds an audible alarm when the remaining 
service life of the apparatus is reduced to within a range of 20 to 25 
percent of its rated service time.
    (2) Positive-pressure breathing apparatus. (i) The employer shall 
assure that self-contained breathing apparatus ordered or purchased 
after July 1, 1981, for use by fire brigade members performing interior 
structural fire fighting operations, are of the pressure-demand or other 
positive-pressure type. Effective July 1, 1983, only pressure-demand or 
other positive-pressure self-contained breathing apparatus shall be worn 
by fire brigade members performing interior structural fire fighting.
    (ii) This paragraph does not prohibit the use of a self-contained 
breathing apparatus where the apparatus can be switched from a demand to 
a positive-pressure mode. However, such apparatus shall be in the 
positive-pressure mode when fire brigade members are performing interior 
structural fire fighting operations.

[45 FR 60706, Sept. 12, 1980; 46 FR 24557, May 1, 1981; 49 FR 18295, 
Apr. 30, 1984; 61 FR 9239, Mar. 7, 1996; 63 FR 1284, Jan. 8, 1998; 63 FR 
33467, June 18, 1998; 73 FR 75584, Dec. 12, 2008]

                   Portable Fire Suppression Equipment



Sec.  1910.157  Portable fire extinguishers.

    (a) Scope and application. The requirements of this section apply to 
the placement, use, maintenance, and testing of portable fire 
extinguishers provided for the use of employees. Paragraph (d) of this 
section does not apply to extinguishers provided for employee use on the 
outside of workplace buildings or structures. Where extinguishers are 
provided but are not intended for employee use and the employer has an 
emergency action plan and a fire prevention plan that meet the 
requirements of 29 CFR 1910.38 and 29 CFR 1910.39 respectively, then 
only the requirements of paragraphs (e) and (f) of this section apply.
    (b) Exemptions. (1) Where the employer has established and 
implemented a written fire safety policy which requires the immediate 
and total evacuation of employees from the workplace upon the sounding 
of a fire alarm signal and which includes an emergency action plan and a 
fire prevention plan which meet the requirements of 29 CFR 1910.38 and 
29 CFR 1910.39 respectively, and when extinguishers are not available in 
the workplace, the employer is exempt from all requirements of this 
section unless a specific standard in part 1910 requires

[[Page 513]]

that a portable fire extinguisher be provided.
    (2) Where the employer has an emergency action plan meeting the 
requirements of Sec.  1910.38 which designates certain employees to be 
the only employees authorized to use the available portable fire 
extinguishers, and which requires all other employees in the fire area 
to immediately evacuate the affected work area upon the sounding of the 
fire alarm, the employer is exempt from the distribution requirements in 
paragraph (d) of this section.
    (c) General requirements. (1) The employer shall provide portable 
fire extinguishers and shall mount, locate and identify them so that 
they are readily accessible to employees without subjecting the 
employees to possible injury.
    (2) Only approved portable fire extinguishers shall be used to meet 
the requirements of this section.
    (3) The employer shall not provide or make available in the 
workplace portable fire extinguishers using carbon tetrachloride or 
chlorobromomethane extinguishing agents.
    (4) The employer shall assure that portable fire extinguishers are 
maintained in a fully charged and operable condition and kept in their 
designated places at all times except during use.
    (5) The employer shall remove from service all soldered or riveted 
shell self-generating soda acid or self-generating foam or gas cartridge 
water type portable fire extinguishers which are operated by inverting 
the extinguisher to rupture the cartridge or to initiate an 
uncontrollable pressure generating chemical reaction to expel the agent.
    (d) Selection and distribution. (1) Portable fire extinguishers 
shall be provided for employee use and selected and distributed based on 
the classes of anticipated workplace fires and on the size and degree of 
hazard which would affect their use.
    (2) The employer shall distribute portable fire extinguishers for 
use by employees on Class A fires so that the travel distance for 
employees to any extinguisher is 75 feet (22.9 m) or less.
    (3) The employer may use uniformly spaced standpipe systems or hose 
stations connected to a sprinkler system installed for emergency use by 
employees instead of Class A portable fire extinguishers, provided that 
such systems meet the respective requirements of Sec.  1910.158 or Sec.  
1910.159, that they provide total coverage of the area to be protected, 
and that employees are trained at least annually in their use.
    (4) The employer shall distribute portable fire extinguishers for 
use by employees on Class B fires so that the travel distance from the 
Class B hazard area to any extinguisher is 50 feet (15.2 m) or less.
    (5) The employer shall distribute portable fire extinguishers used 
for Class C hazards on the basis of the appropriate pattern for the 
existing Class A or Class B hazards.
    (6) The employer shall distribute portable fire extinguishers or 
other containers of Class D extinguishing agent for use by employees so 
that the travel distance from the combustible metal working area to any 
extinguishing agent is 75 feet (22.9 m) or less. Portable fire 
extinguishers for Class D hazards are required in those combustible 
metal working areas where combustible metal powders, flakes, shavings, 
or similarly sized products are generated at least once every two weeks.
    (e) Inspection, maintenance and testing. (1) The employer shall be 
responsible for the inspection, maintenance and testing of all portable 
fire extinguishers in the workplace.
    (2) Portable extinguishers or hose used in lieu thereof under 
paragraph (d)(3) of this section shall be visually inspected monthly.
    (3) The employer shall assure that portable fire extinguishers are 
subjected to an annual maintenance check. Stored pressure extinguishers 
do not require an internal examination. The employer shall record the 
annual maintenance date and retain this record for one year after the 
last entry or the life of the shell, whichever is less. The record shall 
be available to the Assistant Secretary upon request.
    (4) The employer shall assure that stored pressure dry chemical 
extinguishers that require a 12-year hydrostatic test are emptied and 
subjected to applicable maintenance procedures

[[Page 514]]

every 6 years. Dry chemical extinguishers having non-refillable 
disposable containers are exempt from this requirement. When recharging 
or hydrostatic testing is performed, the 6-year requirement begins from 
that date.
    (5) The employer shall assure that alternate equivalent protection 
is provided when portable fire extinguishers are removed from service 
for maintenance and recharging.
    (f) Hydrostatic testing. (1) The employer shall assure that 
hydrostatic testing is performed by trained persons with suitable 
testing equipment and facilities.
    (2) The employer shall assure that portable extinguishers are 
hydrostatically tested at the intervals listed in Table L-1 of this 
section, except under any of the following conditions:
    (i) When the unit has been repaired by soldering, welding, brazing, 
or use of patching compounds;
    (ii) When the cylinder or shell threads are damaged;
    (iii) When there is corrosion that has caused pitting, including 
corrosion under removable name plate assemblies;
    (iv) When the extinguisher has been burned in a fire; or
    (v) When a calcium chloride extinguishing agent has been used in a 
stainless steel shell.
    (3) In addition to an external visual examination, the employer 
shall assure that an internal examination of cylinders and shells to be 
tested is made prior to the hydrostatic tests.

                                Table L-1
------------------------------------------------------------------------
                                                                  Test
                     Type of extinguishers                      interval
                                                                 (years)
------------------------------------------------------------------------
Soda acid (soldered brass shells) (until 1/1/82)..............    (\1\)
Soda acid (stainless steel shell).............................        5
Cartridge operated water and/or antifreeze....................        5
Stored pressure water and/or antifreeze.......................        5
Wetting agent.................................................        5
Foam (soldered brass shells) (until 1/1/82)...................    (\1\)
Foam (stainless steel shell)..................................        5
Aqueous Film Forming foam (AFFF)..............................        5
Loaded stream.................................................        5
Dry chemical with stainless steel.............................        5
Carbon dioxide................................................        5
Dry chemical, stored pressure, with mild steel, brazed brass         12
 or aluminum shells...........................................
Dry chemical, cartridge or cylinder operated, with mild steel        12
 shells.......................................................
Halon 1211....................................................       12
Halon 1301....................................................       12
Dry powder, cartridge or cylinder operated with mild steel           12
 shells.......................................................
------------------------------------------------------------------------
\1\ Extinguishers having shells constructed of copper or brass joined by
  soft solder or rivets shall not be hydrostatically tested and shall be
  removed from service by January 1, 1982. (Not permitted)

    (4) The employer shall assure that portable fire extinguishers are 
hydrostatically tested whenever they show new evidence of corrosion or 
mechanical injury, except under the conditions listed in paragraphs 
(f)(2)(i)-(v) of this section.
    (5) The employer shall assure that hydrostatic tests are performed 
on extinguisher hose assemblies which are equipped with a shut-off 
nozzle at the discharge end of the hose. The test interval shall be the 
same as specified for the extinguisher on which the hose is installed.
    (6) The employer shall assure that carbon dioxide hose assemblies 
with a shut-off nozzle are hydrostatically tested at 1,250 psi (8,620 
kPa).
    (7) The employer shall assure that dry chemical and dry powder hose 
assemblies with a shut-off nozzle are hydrostatically tested at 300 psi 
(2,070 kPa).
    (8) Hose assemblies passing a hydrostatic test do not require any 
type of recording or stamping.
    (9) The employer shall assure that hose assemblies for carbon 
dioxide extinguishers that require a hydrostatic test are tested within 
a protective cage device.
    (10) The employer shall assure that carbon dioxide extinguishers and 
nitrogen or carbon dioxide cylinders used with wheeled extinguishers are 
tested every 5 years at 5/3 of the service pressure as stamped into the 
cylinder. Nitrogen cylinders which comply with 49 CFR 173.34(e)(15) may 
be hydrostatically tested every 10 years.
    (11) The employer shall assure that all stored pressure and Halon 
1211 types of extinguishers are hydrostatically tested at the factory 
test pressure not to exceed two times the service pressure.

[[Page 515]]

    (12) The employer shall assure that acceptable self-generating type 
soda acid and foam extinguishers are tested at 350 psi (2,410 kPa).
    (13) Air or gas pressure may not be used for hydrostatic testing.
    (14) Extinguisher shells, cylinders, or cartridges which fail a 
hydrostatic pressure test, or which are not fit for testing shall be 
removed from service and from the workplace.
    (15)(i) The equipment for testing compressed gas type cylinders 
shall be of the water jacket type. The equipment shall be provided with 
an expansion indicator which operates with an accuracy within one 
percent of the total expansion or .1cc (.1mL) of liquid.
    (ii) The equipment for testing non-compressed gas type cylinders 
shall consist of the following:
    (A) A hydrostatic test pump, hand or power operated, capable of 
producing not less than 150 percent of the test pressure, which shall 
include appropriate check valves and fittings;
    (B) A flexible connection for attachment to fittings to test through 
the extinguisher nozzle, test bonnet, or hose outlet, as is applicable; 
and
    (C) A protective cage or barrier for personal protection of the 
tester, designed to provide visual observation of the extinguisher under 
test.
    (16) The employer shall maintain and provide upon request to the 
Assistant Secretary evidence that the required hydrostatic testing of 
fire extinguishers has been performed at the time intervals shown in 
Table L-1. Such evidence shall be in the form of a certification record 
which includes the date of the test, the signature of the person who 
performed the test and the serial number, or other identifier, of the 
fire extinguisher that was tested. Such records shall be kept until the 
extinguisher is hydrostatically retested at the time interval specified 
in Table L-1 or until the extinguisher is taken out of service, 
whichever comes first.
    (g) Training and education. (1) Where the employer has provided 
portable fire extinguishers for employee use in the workplace, the 
employer shall also provide an educational program to familiarize 
employees with the general principles of fire extinguisher use and the 
hazards involved with incipient stage fire fighting.
    (2) The employer shall provide the education required in paragraph 
(g)(1) of this section upon initial employment and at least annually 
thereafter.
    (3) The employer shall provide employees who have been designated to 
use fire fighting equipment as part of an emergency action plan with 
training in the use of the appropriate equipment.
    (4) The employer shall provide the training required in paragraph 
(g)(3) of this section upon initial assignment to the designated group 
of employees and at least annually thereafter.

[45 FR 60708, Sept. 12, 1980; 46 FR 24557, May 1, 1981, as amended at 51 
FR 34560, Sept. 29, 1986; 61 FR 9239, Mar. 7, 1996; 67 FR 67964, Nov. 7, 
2002]



Sec.  1910.158  Standpipe and hose systems.

    (a) Scope and application--(1) Scope. This section applies to all 
small hose, Class II, and Class III standpipe systems installed to meet 
the requirements of a particular OSHA standard.
    (2) Exception. This section does not apply to Class I standpipe 
systems.
    (b) Protection of standpipes. The employer shall assure that 
standpipes are located or otherwise protected against mechanical damage. 
Damaged standpipes shall be repaired promptly.
    (c) Equipment--(1) Reels and cabinets. Where reels or cabinets are 
provided to contain fire hose, the employer shall assure that they are 
designed to facilitate prompt use of the hose valves, the hose, and 
other equipment at the time of a fire or other emergency. The employer 
shall assure that the reels and cabinets are conspicuously identified 
and used only for fire equipment.
    (2) Hose outlets and connections. (i) The employer shall assure that 
hose outlets and connections are located high enough above the floor to 
avoid being obstructed and to be accessible to employees.
    (ii) The employer shall standardize screw threads or provide 
appropriate adapters throughout the system and assure that the hose 
connections are compatible with those used on the supporting fire 
equipment.
    (3) Hose. (i) The employer shall assure that every 1\1/2\ 
(3.8 cm) or smaller hose

[[Page 516]]

outlet used to meet this standard is equipped with hose connected and 
ready for use. In extremely cold climates where such installation may 
result in damaged equipment, the hose may be stored in another location 
provided it is readily available and can be connected when needed.
    (ii) Standpipe systems installed after January 1, 1981, for use by 
employees, shall be equipped with lined hose. Unlined hose may remain in 
use on existing systems. However, after the effective date of this 
standard, unlined hose which becomes unserviceable shall be replaced 
with lined hose.
    (iii) The employer shall provide hose of such length that friction 
loss resulting from water flowing through the hose will not decrease the 
pressure at the nozzle below 30 psi (210 kPa). The dynamic pressure at 
the nozzle shall be within the range of 30 psi (210 kPa) to 125 psi (860 
kPa).
    (4) Nozzles. The employer shall assure that standpipe hose is 
equipped with shut-off type nozzles.
    (d) Water supply. The minimum water supply for standpipe and hose 
systems, which are provided for the use of employees, shall be 
sufficient to provide 100 gallons per minute (6.3 l/s) for a period of 
at least thirty minutes.
    (e) Tests and maintenance--(1) Acceptance tests. (i) The employer 
shall assure that the piping of Class II and Class III systems installed 
after January 1, 1981, including yard piping, is hydrostatically tested 
for a period of at least 2 hours at not less than 200 psi (1380 kPa), or 
at least 50 psi (340 kPa) in excess of normal pressure when such 
pressure is greater than 150 psi (1030 kPa).
    (ii) The employer shall assure that hose on all standpipe systems 
installed after January 1, 1981, is hydrostatically tested with 
couplings in place, at a pressure of not less than 200 psi (1380 kPa), 
before it is placed in service. This pressure shall be maintained for at 
least 15 seconds and not more than one minute during which time the hose 
shall not leak nor shall any jacket thread break during the test.
    (2) Maintenance. (i) The employer shall assure that water supply 
tanks are kept filled to the proper level except during repairs. When 
pressure tanks are used, the employer shall assure that proper pressure 
is maintained at all times except during repairs.
    (ii) The employer shall assure that valves in the main piping 
connections to the automatic sources of water supply are kept fully open 
at all times except during repair.
    (iii) The employer shall assure that hose systems are inspected at 
least annually and after each use to assure that all of the equipment 
and hose are in place, available for use, and in serviceable condition.
    (iv) When the system or any portion thereof is found not to be 
serviceable, the employer shall remove it from service immediately and 
replace it with equivalent protection such as extinguishers and fire 
watches.
    (v) The employer shall assure that hemp or linen hose on existing 
systems is unracked, physically inspected for deterioration, and 
reracked using a different fold pattern at least annually. The employer 
shall assure that defective hose is replaced in accordance with 
paragraph (c)(3)(ii) of this section.
    (vi) The employer shall designate trained persons to conduct all 
inspections required under this section.

[45 FR 60710, Sept. 12, 1980, as amended at 61 FR 9239, Mar. 7, 1996]

                    Fixed Fire Suppression Equipment



Sec.  1910.159  Automatic sprinkler systems.

    (a) Scope and application. (1) The requirements of this section 
apply to all automatic sprinkler systems installed to meet a particular 
OSHA standard.
    (2) For automatic sprinkler systems used to meet OSHA requirements 
and installed prior to the effective date of this standard, compliance 
with the National Fire Protection Association (NFPA) or the National 
Board of Fire Underwriters (NBFU) standard in effect at the time of the 
system's installation will be acceptable as compliance with this 
section.
    (b) Exemptions. Automatic sprinkler systems installed in workplaces, 
but not required by OSHA, are exempt from the requirements of this 
section.
    (c) General requirements--(1) Design. (i) All automatic sprinkler 
designs used to

[[Page 517]]

comply with this standard shall provide the necessary discharge 
patterns, densities, and water flow characteristics for complete 
coverage in a particular workplace or zoned subdivision of the 
workplace.
    (ii) The employer shall assure that only approved equipment and 
devices are used in the design and installation of automatic sprinkler 
systems used to comply with this standard.
    (2) Maintenance. The employer shall properly maintain an automatic 
sprinkler system installed to comply with this section. The employer 
shall assure that a main drain flow test is performed on each system 
annually. The inspector's test valve shall be opened at least every two 
years to assure that the sprinkler system operates properly.
    (3) Acceptance tests. The employer shall conduct proper acceptance 
tests on sprinkler systems installed for employee protection after 
January 1, 1981, and record the dates of such tests. Proper acceptance 
tests include the following:
    (i) Flushing of underground connections;
    (ii) Hydrostatic tests of piping in system;
    (iii) Air tests in dry-pipe systems;
    (iv) Dry-pipe valve operation; and
    (v) Test of drainage facilities.
    (4) Water supplies. The employer shall assure that every automatic 
sprinkler system is provided with at least one automatic water supply 
capable of providing design water flow for at least 30 minutes. An 
auxiliary water supply or equivalent protection shall be provided when 
the automatic water supply is out of service, except for systems of 20 
or fewer sprinklers.
    (5) Hose connections for fire fighting use. The employer may attach 
hose connections for fire fighting use to wet pipe sprinkler systems 
provided that the water supply satisfies the combined design demand for 
sprinklers and standpipes.
    (6) Protection of piping. The employer shall assure that automatic 
sprinkler system piping is protected against freezing and exterior 
surface corrosion.
    (7) Drainage. The employer shall assure that all dry sprinkler pipes 
and fittings are installed so that the system may be totally drained.
    (8) Sprinklers. (i) The employer shall assure that only approved 
sprinklers are used on systems.
    (ii) The employer may not use older style sprinklers to replace 
standard sprinklers without a complete engineering review of the altered 
part of the system.
    (iii) The employer shall assure that sprinklers are protected from 
mechanical damage.
    (9) Sprinkler alarms. On all sprinkler systems having more than 
twenty (20) sprinklers, the employer shall assure that a local waterflow 
alarm is provided which sounds an audible signal on the premises upon 
water flow through the system equal to the flow from a single sprinkler.
    (10) Sprinkler spacing. The employer shall assure that sprinklers 
are spaced to provide a maximum protection area per sprinkler, a minimum 
of interference to the discharge pattern by building or structural 
members or building contents and suitable sensitivity to possible fire 
hazards. The minimum vertical clearance between sprinklers and material 
below shall be 18 inches (45.7 cm).
    (11) Hydraulically designed systems. The employer shall assure that 
hydraulically designed automatic sprinkler systems or portions thereof 
are identified and that the location, number of sprinklers in the 
hydraulically designed section, and the basis of the design is 
indicated. Central records may be used in lieu of signs at sprinkler 
valves provided the records are available for inspection and copying by 
the Assistant Secretary.

[45 FR 60710, Sept. 12, 1980; 46 FR 24557, May 1, 1981]



Sec.  1910.160  Fixed extinguishing systems, general.

    (a) Scope and application. (1) This section applies to all fixed 
extinguishing systems installed to meet a particular OSHA standard 
except for automatic sprinkler systems which are covered by Sec.  
1910.159.
    (2) This section also applies to fixed systems not installed to meet 
a particular OSHA standard, but which, by means of their operation, may 
expose employees to possible injury, death, or adverse health 
consequences caused by

[[Page 518]]

the extinguishing agent. Such systems are only subject to the 
requirements of paragraphs (b)(4) through (b)(7) and (c) of this 
section.
    (3) Systems otherwise covered in paragraph (a)(2) of this section 
which are installed in areas with no employee exposure are exempted from 
the requirements of this section.
    (b) General requirements. (1) Fixed extinguishing system components 
and agents shall be designed and approved for use on the specific fire 
hazards they are expected to control or extinguish.
    (2) If for any reason a fixed extinguishing system becomes 
inoperable, the employer shall notify employees and take the necessary 
temporary precautions to assure their safety until the system is 
restored to operating order. Any defects or impairments shall be 
properly corrected by trained personnel.
    (3) The employer shall provide a distinctive alarm or signaling 
system which complies with Sec.  1910.165 and is capable of being 
perceived above ambient noise or light levels, on all extinguishing 
systems in those portions of the workplace covered by the extinguishing 
system to indicate when the extinguishing system is discharging. 
Discharge alarms are not required on systems where discharge is 
immediately recognizable.
    (4) The employer shall provide effective safeguards to warn 
employees against entry into discharge areas where the atmosphere 
remains hazardous to employee safety or health.
    (5) The employer shall post hazard warning or caution signs at the 
entrance to, and inside of, areas protected by fixed extinguishing 
systems which use agents in concentrations known to be hazardous to 
employee safety and health.
    (6) The employer shall assure that fixed systems are inspected 
annually by a person knowledgeable in the design and function of the 
system to assure that the system is maintained in good operating 
condition.
    (7) The employer shall assure that the weight and pressure of 
refillable containers is checked at least semi-annually. If the 
container shows a loss in net content or weight of more than 5 percent, 
or a loss in pressure of more than 10 percent, it shall be subjected to 
maintenance.
    (8) The employer shall assure that factory charged nonrefillable 
containers which have no means of pressure indication are weighed at 
least semi-annually. If a container shows a loss in net weight or more 
than 5 percent it shall be replaced.
    (9) The employer shall assure that inspection and maintenance dates 
are recorded on the container, on a tag attached to the container, or in 
a central location. A record of the last semi-annual check shall be 
maintained until the container is checked again or for the life of the 
container, whichever is less.
    (10) The employer shall train employees designated to inspect, 
maintain, operate, or repair fixed extinguishing systems and annually 
review their training to keep them up-to-date in the functions they are 
to perform.
    (11) The employer shall not use chlorobromomethane or carbon 
tetrachloride as an extinguishing agent where employees may be exposed.
    (12) The employer shall assure that systems installed in the 
presence of corrosive atmospheres are constructed of non-corrosive 
material or otherwise protected against corrosion.
    (13) Automatic detection equipment shall be approved, installed and 
maintained in accordance with Sec.  1910.164.
    (14) The employer shall assure that all systems designed for and 
installed in areas with climatic extremes shall operate effectively at 
the expected extreme temperatures.
    (15) The employer shall assure that at least one manual station is 
provided for discharge activation of each fixed extinguishing system.
    (16) The employer shall assure that manual operating devices are 
identified as to the hazard against which they will provide protection.
    (17) The employer shall provide and assure the use of the personal 
protective equipment needed for immediate rescue of employees trapped in 
hazardous atmospheres created by an agent discharge.
    (c) Total flooding systems with potential health and safety hazards 
to employees. (1) The employer shall provide an emergency action plan in 
accordance

[[Page 519]]

with Sec.  1910.38 for each area within a workplace that is protected by 
a total flooding system which provides agent concentrations exceeding 
the maximum safe levels set forth in paragraphs (b)(5) and (b)(6) of 
Sec.  1910.162.
    (2) Systems installed in areas where employees cannot enter during 
or after the system's operation are exempt from the requirements of 
paragraph (c) of this section.
    (3) On all total flooding systems the employer shall provide a pre-
discharge employee alarm which complies with Sec.  1910.165, and is 
capable of being perceived above ambient light or noise levels before 
the system discharges, which will give employees time to safely exit 
from the discharge area prior to system discharge.
    (4) The employer shall provide automatic actuation of total flooding 
systems by means of an approved fire detection device installed and 
interconnected with a pre-discharge employee alarm system to give 
employees time to safely exit from the discharge area prior to system 
discharge.

[45 FR 60711, Sept. 12, 1980]



Sec.  1910.161  Fixed extinguishing systems, dry chemical.

    (a) Scope and application. This section applies to all fixed 
extinguishing systems, using dry chemical as the extinguishing agent, 
installed to meet a particular OSHA standard. These systems shall also 
comply with Sec.  1910.160.
    (b) Specific requirements. (1) The employer shall assure that dry 
chemical agents are compatible with any foams or wetting agents with 
which they are used.
    (2) The employer may not mix together dry chemical extinguishing 
agents of different compositions. The employer shall assure that dry 
chemical systems are refilled with the chemical stated on the approval 
nameplate or an equivalent compatible material.
    (3) When dry chemical discharge may obscure vision, the employer 
shall provide a pre-discharge employee alarm which complies with Sec.  
1910.165 and which will give employees time to safely exit from the 
discharge area prior to system discharge.
    (4) The employer shall sample the dry chemical supply of all but 
stored pressure systems at least annually to assure that the dry 
chemical supply is free of moisture which may cause the supply to cake 
or form lumps.
    (5) The employer shall assure that the rate of application of dry 
chemicals is such that the designed concentration of the system will be 
reached within 30 seconds of initial discharge.

[45 FR 60712, Sept. 12, 1980]



Sec.  1910.162  Fixed extinguishing systems, gaseous agent.

    (a) Scope and application--(1) Scope. This section applies to all 
fixed extinguishing systems, using a gas as the extinguishing agent, 
installed to meet a particular OSHA standard. These systems shall also 
comply with Sec.  1910.160. In some cases, the gas may be in a liquid 
state during storage.
    (2) Application. The requirements of paragraphs (b)(2) and (b)(4) 
through (b)(6) shall apply only to total flooding systems.
    (b) Specific requirements. (1) Agents used for initial supply and 
replenishment shall be of the type approved for the system's 
application. Carbon dioxide obtained by dry ice conversion to liquid is 
not acceptable unless it is processed to remove excess water and oil.
    (2) Except during overhaul, the employer shall assure that the 
designed concentration of gaseous agents is maintained until the fire 
has been extinguished or is under control.
    (3) The employer shall assure that employees are not exposed to 
toxic levels of gaseous agent or its decomposition products.
    (4) The employer shall assure that the designed extinguishing 
concentration is reached within 30 seconds of initial discharge except 
for Halon systems which must achieve design concentration within 10 
seconds.
    (5) The employer shall provide a distinctive pre-discharge employee 
alarm capable of being perceived above ambient light or noise levels 
when agent design concentrations exceed the maximum safe level for 
employee exposure. A pre-discharge employee alarm for alerting employees 
before system discharge shall be provided on Halon 1211

[[Page 520]]

and carbon dioxide systems with a design concentration of 4 percent or 
greater and for Halon 1301 systems with a design concentration of 10 
percent or greater. The pre-discharge employee alarm shall provide 
employees time to safely exit the discharge area prior to system 
discharge.
    (6)(i) Where egress from an area cannot be accomplished within one 
minute, the employer shall not use Halon 1301 in concentrations greater 
than 7 percent.
    (ii) Where egress takes greater than 30 seconds but less than one 
minute, the employer shall not use Halon 1301 in a concentration greater 
than 10 percent.
    (iii) Halon 1301 concentrations greater than 10 percent are only 
permitted in areas not normally occupied by employees provided that any 
employee in the area can escape within 30 seconds. The employer shall 
assure that no unprotected employees enter the area during agent 
discharge.

[45 FR 60712, Sept. 12, 1980; 46 FR 24557, May 1, 1981]



Sec.  1910.163  Fixed extinguishing systems, water spray and foam.

    (a) Scope and application. This section applies to all fixed 
extinguishing systems, using water or foam solution as the extinguishing 
agent, installed to meet a particular OSHA standard. These systems shall 
also comply with Sec.  1910.160. This section does not apply to 
automatic sprinkler systems which are covered under Sec.  1910.159.
    (b) Specific requirements. (1) The employer shall assure that foam 
and water spray systems are designed to be effective in at least 
controlling fire in the protected area or on protected equipment.
    (2) The employer shall assure that drainage of water spray systems 
is directed away from areas where employees are working and that no 
emergency egress is permitted through the drainage path.

[45 FR 60712, Sept. 12, 1980]

                      Other Fire Protection Systems



Sec.  1910.164  Fire detection systems.

    (a) Scope and application. This section applies to all automatic 
fire detection systems installed to meet the requirements of a 
particular OSHA standard.
    (b) Installation and restoration. (1) The employer shall assure that 
all devices and equipment constructed and installed to comply with this 
standard are approved for the purpose for which they are intended.
    (2) The employer shall restore all fire detection systems and 
components to normal operating condition as promptly as possible after 
each test or alarm. Spare detection devices and components which are 
normally destroyed in the process of detecting fires shall be available 
on the premises or from a local supplier in sufficient quantities and 
locations for prompt restoration of the system.
    (c) Maintenance and testing. (1) The employer shall maintain all 
systems in an operable condition except during repairs or maintenance.
    (2) The employer shall assure that fire detectors and fire detection 
systems are tested and adjusted as often as needed to maintain proper 
reliability and operating condition except that factory calibrated 
detectors need not be adjusted after installation.
    (3) The employer shall assure that pneumatic and hydraulic operated 
detection systems installed after January 1, 1981, are equipped with 
supervised systems.
    (4) The employer shall assure that the servicing, maintenance and 
testing of fire detection systems, including cleaning and necessary 
sensitivity adjustments are performed by a trained person knowledgeable 
in the operations and functions of the system.
    (5) The employer shall also assure that fire detectors that need to 
be cleaned of dirt, dust, or other particulates in order to be fully 
operational are cleaned at regular periodic intervals.
    (d) Protection of fire detectors. (1) The employer shall assure that 
fire detection equipment installed outdoors or in the presence of 
corrosive atmospheres be protected from corrosion. The employer shall 
provide a canopy, hood, or other suitable protection for detection 
equipment requiring protection from the weather.
    (2) The employer shall locate or otherwise protect detection 
equipment so

[[Page 521]]

that it is protected from mechanical or physical impact which might 
render it inoperable.
    (3) The employer shall assure that detectors are supported 
independently of their attachment to wires or tubing.
    (e) Response time. (1) The employer shall assure that fire detection 
systems installed for the purpose of actuating fire extinguishment or 
suppression systems shall be designed to operate in time to control or 
extinguish a fire.
    (2) The employer shall assure that fire detection systems installed 
for the purpose of employee alarm and evacuation be designed and 
installed to provide a warning for emergency action and safe escape of 
employees.
    (3) The employer shall not delay alarms or devices initiated by fire 
detector actuation for more than 30 seconds unless such delay is 
necessary for the immediate safety of employees. When such delay is 
necessary, it shall be addressed in an emergency action plan meeting the 
requirements of Sec.  1910.38.
    (f) Number, location and spacing of detecting devices. The employer 
shall assure that the number, spacing and location of fire detectors is 
based upon design data obtained from field experience, or tests, 
engineering surveys, the manufacturer's recommendations, or a recognized 
testing laboratory listing.

[45 FR 60713, Sept. 12, 1980]



Sec.  1910.165  Employee alarm systems.

    (a) Scope and application. (1) This section applies to all emergency 
employee alarms installed to meet a particular OSHA standard. This 
section does not apply to those discharge or supervisory alarms required 
on various fixed extinguishing systems or to supervisory alarms on fire 
suppression, alarm or detection systems unless they are intended to be 
employee alarm systems.
    (2) The requirements in this section that pertain to maintenance, 
testing and inspection shall apply to all local fire alarm signaling 
systems used for alerting employees regardless of the other functions of 
the system.
    (3) All pre-discharge employee alarms installed to meet a particular 
OSHA standard shall meet the requirements of paragraphs (b)(1) through 
(4), (c), and (d)(1) of this section.
    (b) General requirements. (1) The employee alarm system shall 
provide warning for necessary emergency action as called for in the 
emergency action plan, or for reaction time for safe escape of employees 
from the workplace or the immediate work area, or both.
    (2) The employee alarm shall be capable of being perceived above 
ambient noise or light levels by all employees in the affected portions 
of the workplace. Tactile devices may be used to alert those employees 
who would not otherwise be able to recognize the audible or visual 
alarm.
    (3) The employee alarm shall be distinctive and recognizable as a 
signal to evacuate the work area or to perform actions designated under 
the emergency action plan.
    (4) The employer shall explain to each employee the preferred means 
of reporting emergencies, such as manual pull box alarms, public address 
systems, radio or telephones. The employer shall post emergency 
telephone numbers near telephones, or employee notice boards, and other 
conspicuous locations when telephones serve as a means of reporting 
emergencies. Where a communication system also serves as the employee 
alarm system, all emergency messages shall have priority over all non-
emergency messages.
    (5) The employer shall establish procedures for sounding emergency 
alarms in the workplace. For those employers with 10 or fewer employees 
in a particular workplace, direct voice communication is an acceptable 
procedure for sounding the alarm provided all employees can hear the 
alarm. Such workplaces need not have a back-up system.
    (c) Installation and restoration. (1) The employer shall assure that 
all devices, components, combinations of devices or systems constructed 
and installed to comply with this standard are approved. Steam whistles, 
air horns, strobe lights or similar lighting devices, or tactile devices 
meeting the requirements of this section are considered to meet this 
requirement for approval.
    (2) The employer shall assure that all employee alarm systems are 
restored to normal operating condition as promptly as possible after 
each test or

[[Page 522]]

alarm. Spare alarm devices and components subject to wear or destruction 
shall be available in sufficient quantities and locations for prompt 
restoration of the system.
    (d) Maintenance and testing. (1) The employer shall assure that all 
employee alarm systems are maintained in operating condition except when 
undergoing repairs or maintenance.
    (2) The employer shall assure that a test of the reliability and 
adequacy of non-supervised employee alarm systems is made every two 
months. A different actuation device shall be used in each test of a 
multi-actuation device system so that no individual device is used for 
two consecutive tests.
    (3) The employer shall maintain or replace power supplies as often 
as is necessary to assure a fully operational condition. Back-up means 
of alarm, such as employee runners or telephones, shall be provided when 
systems are out of service.
    (4) The employer shall assure that employee alarm circuitry 
installed after January 1, 1981, which is capable of being supervised is 
supervised and that it will provide positive notification to assigned 
personnel whenever a deficiency exists in the system. The employer shall 
assure that all supervised employee alarm systems are tested at least 
annually for reliability and adequacy.
    (5) The employer shall assure that the servicing, maintenance and 
testing of employee alarms are done by persons trained in the designed 
operation and functions necessary for reliable and safe operation of the 
system.
    (e) Manual operation. The employer shall assure that manually 
operated actuation devices for use in conjunction with employee alarms 
are unobstructed, conspicuous and readily accessible.

[45 FR 60713, Sept. 12, 1980]



             Sec. Appendixes to Subpart L of Part 1910--Note

    Note: The following appendices to subpart L, except appendix E, 
serve as nonmandatory guidelines to assist employers in complying with 
the appropriate requirements of subpart L.



       Sec. Appendix A to Subpart L of Part 1910--Fire Protection

Sec.  1910.156 Fire brigades.
    1. Scope. This section does not require an employer to organize a 
fire brigade. However, if an employer does decide to organize a fire 
brigade, the requirements of this section apply.
    2. Pre-fire planning. It is suggested that pre-fire planning be 
conducted by the local fire department and/or the workplace fire brigade 
in order for them to be familiar with the workplace and process hazards. 
Involvement with the local fire department or fire prevention bureau is 
encouraged to facilitate coordination and cooperation between members of 
the fire brigade and those who might be called upon for assistance 
during a fire emergency.
    3. Organizational statement. In addition to the information required 
in the organizational statement, paragraph 1910.156(b)(1), it is 
suggested that the organizational statement also contain the following 
information: a description of the duties that the fire brigade members 
are expected to perform; the line authority of each fire brigade 
officer; the number of the fire brigade officers and number of training 
instructors; and a list and description of the types of awards or 
recognition that brigade members may be eligible to receive.
    4. Physical capability. The physical capability requirement applies 
only to those fire brigade members who perform interior structural fire 
fighting. Employees who cannot meet the physical capability requirement 
may still be members of the fire brigade as long as such employees do 
not perform interior structural fire fighting. It is suggested that fire 
brigade members who are unable to perform interior structural fire 
fighting be assigned less stressful and physically demanding fire 
brigade duties, e.g., certain types of training, recordkeeping, fire 
prevention inspection and maintenance, and fire pump operations.
    Physically capable can be defined as being able to perform those 
duties specified in the training requirements of section 1910.156(c). 
Physically capable can also be determined by physical performance tests 
or by a physical examination when the examining physician is aware of 
the duties that the fire brigade member is expected to perform.
    It is also recommended that fire brigade members participate in a 
physical fitness program. There are many benefits which can be 
attributed to being physically fit. It is believed that physical fitness 
may help to reduce the number of sprain and strain injuries as well as 
contributing to the improvement of the cardiovascular system.
    5. Training and education. The paragraph on training and education 
does not contain specific training and education requirements

[[Page 523]]

because the type, amount, and frequency of training and education will 
be as varied as are the purposes for which fire brigades are organized. 
However, the paragraph does require that training and education be 
commensurate with those functions that the fire brigade is expected to 
perform; i.e., those functions specified in the organizational 
statement. Such a performance requirement provides the necessary 
flexibility to design a training program which meets the needs of 
individual fire brigades.
    At a minimum, hands-on training is required to be conducted annually 
for all fire brigade members. However, for those fire brigade members 
who are expected to perform interior structural fire fighting, some type 
of training or education session must be provided at least quarterly.
    In addition to the required hands-on training, it is strongly 
recommended that fire brigade members receive other types of training 
and education such as: classroom instruction, review of emergency action 
procedures, pre-fire planning, review of special hazards in the 
workplace, and practice in the use of self-contained breathing 
apparatus.
    It is not necessary for the employer to duplicate the same training 
or education that a fire brigade member receives as a member of a 
community volunteer fire department, rescue squad, or similar 
organization. However, such training or education must have been 
provided to the fire brigade member within the past year and it must be 
documented that the fire brigade member has received the training or 
education. For example: there is no need for a fire brigade member to 
receive another training class in the use of positive-pressure self-
contained breathing apparatus if the fire brigade member has recently 
completed such training as a member of a community fire department. 
Instead, the fire brigade member should receive training or education 
covering other important equipment or duties of the fire brigade as they 
relate to the workplace hazards, facilities and processes.
    It is generally recognized that the effectiveness of fire brigade 
training and education depends upon the expertise of those providing the 
training and education as well as the motivation of the fire brigade 
members. Fire brigade training instructors must receive a higher level 
of training and education than the fire brigade members they will be 
teaching. This includes being more knowledgeable about the functions to 
be performed by the fire brigade and the hazards involved. The 
instructors should be qualified to train fire brigade members and 
demonstrate skills in communication, methods of teaching, and 
motivation. It is important for instructors and fire brigade members 
alike to be motivated toward the goals of the fire brigade and be aware 
of the importance of the service that they are providing for the 
protection of other employees and the workplace.
    It is suggested that publications from the International Fire 
Service Training Association, the National Fire Protection Association 
(NFPA-1041), the International Society of Fire Service Instructors and 
other fire training sources be consulted for recommended qualifications 
of fire brigade training instructors.
    In order to be effective, fire brigades must have competent 
leadership and supervision. It is important for those who supervise the 
fire brigade during emergency situations, e.g., fire brigade chiefs, 
leaders, etc., to receive the necessary training and education for 
supervising fire brigade activities during these hazardous and stressful 
situations. These fire brigade members with leadership responsibilities 
should demonstrate skills in strategy and tactics, fire suppression and 
prevention techniques, leadership principles, pre-fire planning, and 
safety practices. It is again suggested that fire service training 
sources be consulted for determining the kinds of training and education 
which are necessary for those with fire brigade leadership 
responsibilities.
    It is further suggested that fire brigade leaders and fire brigade 
instructors receive more formalized training and education on a 
continuing basis by attending classes provided by such training sources 
as universities and university fire extension services.
    The following recommendations should not be considered to be all of 
the necessary elements of a complete comprehensive training program, but 
the information may be helpful as a guide in developing a fire brigade 
training program.
    All fire brigade members should be familiar with exit facilities and 
their location, emergency escape routes for handicapped workers, and the 
workplace ``emergency action plan.''
    In addition, fire brigade members who are expected to control and 
extinguish fires in the incipient stage should, at a minimum, be trained 
in the use of fire extinguishers, standpipes, and other fire equipment 
they are assigned to use. They should also be aware of first aid medical 
procedures and procedures for dealing with special hazards to which they 
may be exposed. Training and education should include both classroom 
instruction and actual operation of the equipment under simulated 
emergency conditions. Hands-on type training must be conducted at least 
annually but some functions should be reviewed more often.
    In addition to the above training, fire brigade members who are 
expected to perform emergency rescue and interior structural fire 
fighting should, at a minimum, be familiar with the proper techniques in 
rescue and fire suppression procedures. Training and education should 
include fire protection courses,

[[Page 524]]

classroom training, simulated fire situations including ``wet drills'' 
and, when feasible, extinguishment of actual mock fires. Frequency of 
training or education must be at least quarterly, but some drills or 
classroom training should be conducted as often as monthly or even 
weekly to maintain the proficiency of fire brigade members.
    There are many excellent sources of training and education that the 
employer may want to use in developing a training program for the 
workplace fire brigade. These sources include publications, seminars, 
and courses offered by universities.
    There are also excellent fire school courses by such facilities as 
Texas A and M University, Delaware State Fire School, Lamar University, 
and Reno Fire School, that deal with those unique hazards which may be 
encountered by fire brigades in the oil and chemical industry. These 
schools, and others, also offer excellent training courses which would 
be beneficial to fire brigades in other types of industries. These 
courses should be a continuing part of the training program, and 
employers are strongly encouraged to take advantage of these excellent 
resources.
    It is also important that fire brigade members be informed about 
special hazards to which they may be exposed during fire and other 
emergencies. Such hazards as storage and use areas of flammable liquids 
and gases, toxic chemicals, water-reactive substances, etc., can pose 
difficult problems. There must be written procedures developed that 
describe the actions to be taken in situations involving special 
hazards. Fire brigade members must be trained in handling these special 
hazards as well as keeping abreast of any changes that occur in relation 
to these special hazards.
    6. Fire fighting equipment. It is important that fire fighting 
equipment that is in damaged or unserviceable condition be removed from 
service and replaced. This will prevent fire brigade members from using 
unsafe equipment by mistake.
    Fire fighting equipment, except portable fire extinguishers and 
respirators, must be inspected at least annually. Portable fire 
extinguishers and respirators are required to be inspected at least 
monthly.
    7. Protective clothing. (A) General. Paragraph (e) of Sec.  1910.156 
does not require all fire brigade members to wear protective clothing. 
It is not the intention of these standards to require employers to 
provide a full ensemble of protective clothing for every fire brigade 
member without consideration given to the types of hazardous 
environments to which the fire brigade member might be exposed. It is 
the intention of these standards to require adequate protection for 
those fire brigade members who might be exposed to fires in an advanced 
stage, smoke, toxic gases, and high temperatures. Therefore, the 
protective clothing requirements only apply to those fire brigade 
members who perform interior structural fire fighting operations.
    Additionally, the protective clothing requirements do not apply to 
the protective clothing worn during outside fire fighting operations 
(brush and forest fires, crash crew operations) or other special fire 
fighting activities. It is important that the protective clothing to be 
worn during these types of fire fighting operations reflect the hazards 
which are expected to be encountered by fire brigade members.
    (B) Foot and leg protection. Section 1910.156 permits an option to 
achieve foot and leg protection.
    The section recognizes the interdependence of protective clothing to 
cover one or more parts of the body. Therefore, an option is given so 
that fire brigade members may meet the foot and leg requirements by 
either wearing long fire-resistive coats in combination with fully 
extended boots, or by wearing shorter fire-resistive costs in 
combination with protective trousers and protective shoes or shorter 
boots.
    (C) Body protection. Paragraph (e)(3) of Sec.  1910.156 provides an 
option for fire brigade members to achieve body protection. Fire brigade 
members may wear a fire-resistive coat in combination with fully 
extended boots, or they may wear a fire-resistive coat in combination 
with protective trousers.
    Fire-resistive coats and protective trousers meeting all of the 
requirements contained in NFPA 1971-1975 ``Protective Clothing for 
Structural Fire Fighters,'' are acceptable as meeting the requirements 
of this standard.
    The lining is required to be permanently attached to the outer 
shell. However, it is permissible to attach the lining to the outer 
shell material by stitching in one area such as at the neck. Fastener 
tape or snap fasteners may be used to secure the rest of the lining to 
the outer shell to facilitate cleaning. Reference to permanent lining 
does not refer to a winter liner which is a detachable extra lining used 
to give added protection to the wearer against the effects of cold 
weather and wind.
    (D) Hand protection. The requirements of the paragraph on hand 
protection may be met by protective gloves or a glove system. A glove 
system consists of a combination of different gloves. The usual 
components of a glove system consist of a pair of gloves, which provide 
thermal insulation to the hands, worn in combination with a second pair 
of gloves which provide protection against flame, cut, and puncture.
    It is suggested that protective gloves provide dexterity and a sense 
of feel for objects. Criteria and test methods for dexterity are 
contained in the NIOSH publications, ``The Development of Criteria for 
Firefighters' Gloves; Vol. I: Glove Requirements'' and ``Vol. II: Glove 
Criteria and Test Methods.''

[[Page 525]]

These NIOSH publications also contain a permissible modified version of 
Federal Test Method 191, Method 5903, (paragraph (3) of appendix E) for 
flame resistance when gloves, rather than glove material, are tested for 
flame resistance.
    (E) Head, eye, and face protection. Head protective devices which 
meet the requirements contained in NFPA No. 1972 are acceptable as 
meeting the requirements of this standard for head protection.
    Head protective devices are required to be provided with ear flaps 
so that the ear flaps will be available if needed. It is recommended 
that ear protection always be used while fighting interior structural 
fires.
    Many head protective devices are equipped with face shields to 
protect the eyes and face. These face shields are permissible as meeting 
the eye and face protection requirements of this paragraph as long as 
such face shields meet the requirements of Sec.  1910.133 of the General 
Industry Standards.
    Additionally, full facepieces, helmets or hoods of approved 
breathing apparatus which meet the requirements of Sec.  1910.134 and 
paragraph (f) of Sec.  1910.156 are also acceptable as meeting the eye 
and face protection requirements.
    It is recommended that a flame resistant protective head covering 
such as a hood or snood, which will not adversely affect the seal of a 
respirator facepiece, be worn during interior structural fire fighting 
operations to protect the sides of the face and hair.
    8. Respiratory protective devices. Respiratory protection is 
required to be worn by fire brigade members while working inside 
buildings or confined spaces where toxic products of combustion or an 
oxygen deficiency is likely to be present; respirators are also to be 
worn during emergency situations involving toxic substances. When fire 
brigade members respond to emergency situations, they may be exposed to 
unknown contaminants in unknown concentrations. Therefore, it is 
imperative that fire brigade members wear proper respiratory protective 
devices during these situations. Additionally, there are many instances 
where toxic products of combustion are still present during mop-up and 
overhaul operations. Therefore, fire brigade members should continue to 
wear respirators during these types of operations.
    Self-contained breathing apparatus are not required to be equipped 
with either a buddy-breathing device or a quick-disconnect valve. 
However, these accessories may be very useful and are acceptable as long 
as such accessories do not cause damage to the apparatus, restrict the 
air flow of the apparatus, or obstruct the normal operation of the 
apparatus.
    Buddy-breathing devices are useful for emergency situations where a 
victim or another fire brigade member can share the same air supply with 
the wearer of the apparatus for emergency escape purposes.
    The employer is encouraged to provide fire brigade members with an 
alternative means of respiratory protection to be used only for 
emergency escape purposes if the self-contained breathing apparatus 
becomes inoperative. Such alternative means of respiratory protection 
may be either a buddy-breathing device or an escape self-contained 
breathing apparatus (ESCBA). The ESCBA is a short-duration respiratory 
protective device which is approved for only emergency escape purposes. 
It is suggested that if ESCBA units are used, that they be of at least 5 
minutes service life.
    Quick-disconnect valves are devices which start the flow of air by 
insertion of the hose (which leads to the facepiece) into the regulator 
of self-contained breathing apparatus, and stop the flow of air by 
disconnecting the hose from the regulator. These devices are 
particularly useful for those positive-pressure self-contained breathing 
apparatus which do not have the capability of being switched from the 
demand to the positive-pressure mode.
    The use of a self-contained breathing apparatus where the apparatus 
can be switched from a demand to a positive-pressure mode is acceptable 
as long as the apparatus is in the positive-pressure mode when 
performing interior structural fire fighting operations. Also acceptable 
are approved respiratory protective devices which have been converted to 
the positive-pressure type when such modification is accomplished by 
trained and experienced persons using kits or parts approved by NIOSH 
and provided by the manufacturer and by following the manufacturer's 
instructions.
    There are situations which require the use of respirators which have 
a duration of 2 hours or more. Presently, there are no approved 
positive-pressure apparatus with a rated service life of more than 2 
hours. Consequently, negative-pressure self-contained breathing 
apparatus with a rated service life of more than 2 hours and which have 
a minimum protection factor of 5,000 as determined by an acceptable 
quantitative fit test performed on each individual, will be acceptable 
for use during situations which require long duration apparatus. Long 
duration apparatus may be needed in such instances as working in 
tunnels, subway systems, etc. Such negative-pressure breathing apparatus 
will continue to be acceptable for a maximum of 18 months after a 
positive-pressure apparatus with the same or longer rated service life 
of more than 2 hours is certified by NIOSH/MSHA. After this 18 month 
phase-in period, all self-contained breathing apparatus used for these 
long duration situations will have to be of the positive-pressure type.

[[Page 526]]

    Protection factor (sometimes called fit factor) is defined as the 
ratio of the contaminant concentrations outside of the respirator to the 
contaminant concentrations inside the facepiece of the respirator. 
[GRAPHIC] [TIFF OMITTED] TR25SE06.011

Protection factors are determined by quantitative fit tests. An 
acceptable quantitative fit test should include the following elements:
    1. A fire brigade member who is physically and medically capable of 
wearing respirators, and who is trained in the use of respirators, dons 
a self-contained breathing apparatus equipped with a device that will 
monitor the concentration of a contaminant inside the facepiece.
    2. The fire brigade member then performs a qualitative fit test to 
assure the best face to facepiece seal as possible. A qualitative fit 
test can consist of a negative-pressure test, positive-pressure test, 
isoamyl acetate vapor (banana oil) test, or an irritant smoke test. For 
more details on respirator fitting see the NIOSH booklet entitled ``A 
Guide to Industrial Respiratory Protection'' June, 1976, and HEW 
publication No. (NIOSH) 76-189.
    3. The wearer should then perform physical activity which reflects 
the level of work activity which would be expected during fire fighting 
activities. The physical activity should include simulated fire-ground 
work activity or physical exercise such as running-in-place, a step 
test, etc.
    4. Without readjusting the apparatus, the wearer is placed in a test 
atmosphere containing a non-toxic contaminant with a known, constant, 
concentration.
    The protection factor is then determined by dividing the known 
concentration of the contaminant in the test atmosphere by the 
concentration of the contaminant inside the facepiece when the following 
exercises are performed:
    (a) Normal breathing with head motionless for one minute;
    (b) Deep breathing with head motionless for 30 seconds;
    (c) Turning head slowly from side to side while breathing normally, 
pausing for at least two breaths before changing direction. Continue for 
at least one minute;
    (d) Moving head slowly up and down while breathing normally, pausing 
for at least two breaths before changing direction. Continue for at 
least two minutes;
    (e) Reading from a prepared text, slowly and clearly, and loudly 
enough to be heard and understood. Continue for one minute; and
    (f) Normal breathing with head motionless for at least one minute.
    The protection factor which is determined must be at least 5,000. 
The quantitative fit test should be conducted at least three times. It 
is acceptable to conduct all three tests on the same day. However, there 
should be at least one hour between tests to reflect the protection 
afforded by the apparatus during different times of the day.
    The above elements are not meant to be a comprehensive, technical 
description of a quantitative fit test protocol. However, quantitative 
fit test procedures which include these elements are acceptable for 
determining protection factors. Procedures for a quantitative fit test 
are required to be available for inspection by the Assistant Secretary 
or authorized representative.
    Organizations such as Los Alamos Scientific Laboratory, Lawrence 
Livermore Laboratory, NIOSH, and American National Standards Institute 
(ANSI) are excellent sources for additional information concerning 
qualitative and quantitative fit testing.

               Sec.  1910.157 Portable fire extinguishers.

    1. Scope and application. The scope and application of this section 
is written to apply to three basic types of workplaces. First, there are 
those workplaces where the employer has chosen to evacuate all employees 
from the workplace at the time of a fire emergency. Second, there are 
those workplaces where the employer has chosen to permit certain 
employees to fight fires and to evacuate all other non-essential 
employees at the time of a fire emergency. Third, there are those 
workplaces where the employer has chosen to permit all employees in the 
workplace to use portable fire extinguishers to fight fires.
    The section also addresses two kinds of work areas. The entire 
workplace can be divided into outside (exterior) work areas and inside 
(interior) work areas. This division of the workplace into two areas is 
done in recognition of the different types of hazards employees may be 
exposed to during fire fighting operations. Fires in interior 
workplaces, pose a greater hazard to employees; they can produce greater 
exposure to quantities of smoke, toxic gases, and heat because of the 
capability of a building or structure to contain or entrap these 
products of combustion until the building can be ventilated. Exterior 
work areas, normally open to the environment, are somewhat less 
hazardous, because the products of combustion are generally carried away 
by the thermal column of the fire. Employees also have a greater 
selection of evacuation routes if it is necessary to abandon fire 
fighting efforts.
    In recognition of the degree of hazard present in the two types of 
work areas, the standards for exterior work areas are somewhat less 
restrictive in regards to extinguisher distribution. Paragraph (a) 
explains this by specifying which paragraphs in the section apply.

[[Page 527]]

    2. Portable fire extinguisher exemptions. In recognition of the 
three options given to employers in regard to the amount of employee 
evacuation to be carried out, the standards permit certain exemptions 
based on the number of employees expected to use fire extinguishers.
    Where the employer has chosen to totally evacuate the workplace at 
the time of a fire emergency and when fire extinguishers are not 
provided, the requirements of this section do not apply to that 
workplace.
    Where the employer has chosen to partially evacuate the workplace or 
the effected area at the time of a fire emergency and has permitted 
certain designated employees to remain behind to operate critical plant 
operations or to fight fires with extinguishers, then the employer is 
exempt from the distribution requirements of this section. Employees who 
will be remaining behind to perform incipient fire fighting or members 
of a fire brigade must be trained in their duties. The training must 
result in the employees becoming familiar with the locations of fire 
extinguishers. Therefore, the employer must locate the extinguishers in 
convenient locations where the employees know they can be found. For 
example, they could be mounted in the fire truck or cart that the fire 
brigade uses when it responds to a fire emergency. They can also be 
distributed as set forth in the National Fire Protection Association's 
Standard No. 10, ``Portable Fire Extinguishers.''
    Where the employer has decided to permit all employees in the 
workforce to use fire extinguishers, then the entire OSHA section 
applies.
    3. Portable fire extinguisher mounting. Previous standards for 
mounting fire extinguishers have been criticized for requiring specific 
mounting locations. In recognition of this criticism, the standard has 
been rewritten to permit as much flexibility in extinguisher mounting as 
is acceptable to assure that fire extinguishers are available when 
needed and that employees are not subjected to injury hazards when they 
try to obtain an extinguisher.
    It is the intent of OSHA to permit the mounting of extinguishers in 
any location that is accessible to employees without the use of portable 
devices such as a ladder. This limitation is necessary because portable 
devices can be moved or taken from the place where they are needed and, 
therefore, might not be available at the time of an emergency.
    Employers are given as much flexibility as possible to assure that 
employees can obtain extinguishers as fast as possible. For example, an 
acceptable method of mounting extinguishers in areas where fork lift 
trucks or tow-motors are used is to mount the units on retractable 
boards which, by means of counterweighting, can be raised above the 
level where they could be struck by vehicular traffic. When needed, they 
can be lowered quickly for use. This method of mounting can also reduce 
vandalism and unauthorized use of extinguishers. The extinguishers may 
also be mounted as outlined in the National Fire Protection 
Association's Standard No. 10, ``Portable Fire Extinguishers.''
    4. Selection and distribution. The employer is responsible for the 
proper selection and distribution of fire extinguishers and the 
determination of the necessary degree of protection. The selection and 
distribution of fire extinguishers must reflect the type and class of 
fire hazards associated with a particular workplace.
    Extinguishers for protecting Class A hazards may be selected from 
the following types: water, foam, loaded stream, or multipurpose dry 
chemical. Extinguishers for protecting Class B hazards may be selected 
from the following types: Halon 1301, Halon 1211, carbon dioxide, dry 
chemicals, foam, or loaded stream. Extinguishers for Class C hazards may 
be selected from the following types: Halon 1301, Halon 1211, carbon 
dioxide, or dry chemical.
    Combustible metal (Class D hazards) fires pose a different type of 
fire problem in the workplace. Extinguishers using water, gas, or 
certain dry chemicals cannot extinguish or control this type of fire. 
Therefore, certain metals have specific dry powder extinguishing agents 
which can extinguish or control this type of fire. Those agents which 
have been specifically approved for use on certain metal fires provide 
the best protection; however, there are also some ``universal'' type 
agents which can be used effectively on a variety of combustible metal 
fires if necessary. The ``universal'' type agents include: Foundry flux, 
Lith-X powder, TMB liquid, pyromet powder, TEC powder, dry talc, dry 
graphite powder, dry sand, dry sodium chloride, dry soda ash, lithium 
chloride, zirconium silicate, and dry dolomite.
    Water is not generally accepted as an effective extinguishing agent 
for metal fires. When applied to hot burning metal, water will break 
down into its basic atoms of oxygen and hydrogen. This chemical 
breakdown contributes to the combustion of the metal. However, water is 
also a good universal coolant and can be used on some combustible 
metals, but only under proper conditions and application, to reduce the 
temperature of the burning metal below the ignition point. For example, 
automatic deluge systems in magnesium plants can discharge such large 
quantities of water on burning magnesium that the fire will be 
extinguished. The National Fire Protection Association has specific 
standards for this type of automatic sprinkler system. Further 
information on the control of metal fires with water can be found in the 
National Fire Protection Association's Fire Protection Handbook.

[[Page 528]]

    An excellent source of selection and distribution criteria is found 
in the National Fire Protection Association's Standard No. 10. Other 
sources of information include the National Safety Council and the 
employer's fire insurance carrier.
    5. Substitution of standpipe systems for portable fire 
extinguishers. The employer is permitted to substitute acceptable 
standpipe systems for portable fire extinguishers under certain 
circumstances. It is necessary to assure that any substitution will 
provide the same coverage that portable units provide. This means that 
fire hoses, because of their limited portability, must be spaced 
throughout the protected area so that they can reach around obstructions 
such as columns, machinery, etc. and so that they can reach into closets 
and other enclosed areas.
    6. Inspection, maintenance and testing. The ultimate responsibility 
for the inspection, maintenance and testing of portable fire 
extinguishers lies with the employer. The actual inspection, 
maintenance, and testing may, however, be conducted by outside 
contractors with whom the employer has arranged to do the work. When 
contracting for such work, the employer should assure that the 
contractor is capable of performing the work that is needed to comply 
with this standard.
    If the employer should elect to perform the inspection, maintenance, 
and testing requirements of this section in-house, then the employer 
must make sure that those persons doing the work have been trained to do 
the work and to recognize problem areas which could cause an 
extinguisher to be inoperable. The National Fire Protection Association 
provides excellent guidelines in its standard for portable fire 
extinguishers. The employer may also check with the manufacturer of the 
unit that has been purchased and obtain guidelines on inspection, 
maintenance, and testing. Hydrostatic testing is a process that should 
be left to contractors or individuals using suitable facilities and 
having the training necessary to perform the work.
    Anytime the employer has removed an extinguisher from service to be 
checked or repaired, alternate equivalent protection must be provided. 
Alternate equivalent protection could include replacing the extinguisher 
with one or more units having equivalent or equal ratings, posting a 
fire watch, restricting the unprotected area from employee exposure, or 
providing a hose system ready to operate.
    7. Hydrostatic testing. As stated before, the employer may contract 
for hydrostatic testing. However, if the employer wishes to provide the 
testing service, certain equipment and facilities must be available. 
Employees should be made aware of the hazards associated with 
hydrostatic testing and the importance of using proper guards and water 
pressures. Severe injury can result if extinguisher shells fail 
violently under hydrostatic pressure.
    Employers are encouraged to use contractors who can perform adequate 
and reliable service. Firms which have been certified by the Materials 
Transportation Board (MTB) of the U.S. Department of Transportation 
(DOT) or State licensed extinguisher servicing firms or recognized by 
the National Association of Fire Equipment Distributors in Chicago, 
Illinois, are generally acceptable for performing this service.
    8. Training and education. This part of the standard is of the 
utmost importance to employers and employees if the risk of injury or 
death due to extinguisher use is to be reduced. If an employer is going 
to permit an employee to fight a workplace fire of any size, the 
employer must make sure that the employee knows everything necessary to 
assure the employee's safety.
    Training and education can be obtained through many channels. Often, 
local fire departments in larger cities have fire prevention bureaus or 
similar organizations which can provide basic fire prevention training 
programs. Fire insurance companies will have data and information 
available. The National Fire Protection Association and the National 
Safety Council will provide, at a small cost, publications that can be 
used in a fire prevention program.
    Actual fire fighting training can be obtained from various sources 
in the country. The Texas A & M University, the University of Maryland's 
Fire and Rescue Institute, West Virginia University's Fire Service 
Extension, Iowa State University's Fire Service Extension and other 
State training schools and land grant colleges have fire fighting 
programs directed to industrial applications. Some manufacturers of 
extinguishers, such as the Ansul Company and Safety First, conduct fire 
schools for customers in the proper use of extinguishers. Several large 
corporations have taken time to develop their own on-site training 
programs which expose employees to the actual ``feeling'' of fire 
fighting. Simulated fires for training of employees in the proper use of 
extinguishers are also an acceptable part of a training program.
    In meeting the requirements of this section, the employer may also 
provide educational materials, without classroom instruction, through 
the use of employee notice campaigns using instruction sheets or flyers 
or similar types of informal programs. The employer must make sure that 
employees are trained and educated to recognize not only what type of 
fire is being fought and how to fight it, but also when it is time to 
get away from it and leave fire suppression to more experienced fire 
fighters.

[[Page 529]]

               Sec.  1910.158 Standpipe and hose systems.

    1. Scope and application. This section has been written to provide 
adequate coverage of those standpipe and hose systems that an employer 
may install in the workplace to meet the requirements of a particular 
OSHA standard. For example, OSHA permits the substitution of hose 
systems for portable fire extinguishers in Sec.  1910.157. If an 
employer chooses to provide hose systems instead of portable Class A 
fire extinguishers, then those hose systems used for substitution would 
have to meet the applicable requirements of Sec.  1910.157. All other 
standpipe and hose systems not used as a substitute would be exempt from 
these requirements.
    The section specifically exempts Class I large hose systems. By 
large hose systems, OSHA means those 2\1/2\ (6.3 cm) hose 
lines that are usually associated with fire departments of the size that 
provide their own water supply through fire apparatus. When the fire 
gets to the size that outside protection of that degree is necessary, 
OSHA believes that in most industries employees will have been evacuated 
from the fire area and the ``professional'' fire fighters will take 
control.
    2. Protection of standpipes. Employers must make sure that 
standpipes are protected so that they can be relied upon during a fire 
emergency. This means protecting the pipes from mechanical and physical 
damage. There are various means for protecting the equipment such as, 
but not limited to, enclosing the supply piping in the construction of 
the building, locating the standpipe in an area which is inaccessible to 
vehicles, or locating the standpipe in a stairwell.
    3. Hose covers and cabinets. The employer should keep fire 
protection hose equipment in cabinets or inside protective covers which 
will protect it from the weather elements, dirt or other damaging 
sources. The use of protective covers must be easily removed or opened 
to assure that hose and nozzle are accessible. When the employer places 
hose in a cabinet, the employer must make sure that the hose and nozzle 
are accessible to employees without subjecting them to injury. In order 
to make sure that the equipment is readily accessible, the employer must 
also make sure that the cabinets used to store equipment are kept free 
of obstructions and other equipment which may interfere with the fast 
distribution of the fire hose stored in the cabinet.
    4. Hose outlets and connections. The employer must assure that 
employees who use standpipe and hose systems can reach the hose rack and 
hose valve without the use of portable equipment such as ladders. Hose 
reels are encouraged for use because one employee can retrieve the hose, 
charge it, and place it into service without much difficulty.
    5. Hose. When the employer elects to provide small hose in lieu of 
portable fire extinguishers, those hose stations being used for the 
substitution must have hose attached and ready for service. However, if 
more than the necessary amount of small hose outlets are provided, hose 
does not have to be attached to those outlets that would provide 
redundant coverage. Further, where the installation of hose on outlets 
may expose the hose to extremely cold climates, the employer may store 
the hose in houses or similar protective areas and connect it to the 
outlet when needed.
    There is approved lined hose available that can be used to replace 
unlined hose which is stored on racks in cabinets. The lined hose is 
constructed so that it can be folded and placed in cabinets in the same 
manner as unlined hose.
    Hose is considered to be unserviceable when it deteriorates to the 
extent that it can no longer carry water at the required pressure and 
flow rates. Dry rotted linen or hemp hose, cross threaded couplings, and 
punctured hose are examples of unserviceable hose.
    6. Nozzles. Variable stream nozzles can provide useful variations in 
water flow and spray patterns during fire fighting operations and they 
are recommended for employee use. It is recommended that 100 psi 
(700kPa) nozzle pressure be used to provide good flow patterns for 
variable stream nozzles. The most desirable attribute for nozzles is the 
ability of the nozzle person to shut off the water flow at the nozzle 
when it is necessary. This can be accomplished in many ways. For 
example, a shut-off nozzle with a lever or rotation of the nozzle to 
stop flow would be effective, but in other cases a simple globe valve 
placed between a straight stream nozzle and the hose could serve the 
same purpose. For straight stream nozzles 50 psi nozzle pressure is 
recommended. The intent of this standard is to protect the employee from 
``run-away'' hoses if it becomes necessary to drop a pressurized hose 
line and retreat from the fire front and other related hazards.
    7. Design and installation. Standpipe and hose systems designed and 
installed in accordance with NFPA Standard No. 14, ``Standpipe and Hose 
Systems,'' are considered to be in compliance with this standard.

               Sec.  1910.159 Automatic sprinkler systems.

    1. Scope and application. This section contains the minimum 
requirements for design, installation and maintenance of sprinkler 
systems that are needed for employee safety. The Occupational Safety and 
Health Administration is aware of the fact that the National Board of 
Fire Underwriters is no longer an active organization, however, 
sprinkler systems still exist that were designed and installed in 
accordance with that

[[Page 530]]

organization's standards. Therefore, OSHA will recognize sprinkler 
systems designed to, and maintained in accordance with, NBFU and earlier 
NFPA standards.
    2. Exemptions. In an effort to assure that employers will continue 
to use automatic sprinkler systems as the primary fire protection system 
in workplaces, OSHA is exempting from coverage those systems not 
required by a particular OSHA standard and which have been installed in 
workplaces solely for the purpose of protecting property. Many of these 
types of systems are installed in areas or buildings with little or no 
employee exposure. An example is those warehouses where employees may 
enter occasionally to take inventory or move stock. Some employers may 
choose to shut down those systems which are not specifically required by 
OSHA rather than upgrade them to comply with the standards. OSHA does 
not intend to regulate such systems. OSHA only intends to regulate those 
systems which are installed to comply with a particular OSHA standard.
    3. Design. There are two basic types of sprinkler system design. 
Pipe schedule designed systems are based on pipe schedule tables 
developed to protect hazards with standard sized pipe, number of 
sprinklers, and pipe lengths. Hydraulic designed systems are based on an 
engineered design of pipe size which will produce a given water density 
or flow rate at any particular point in the system. Either design can be 
used to comply with this standard.
    The National Fire Protection Association's Standard No. 13, 
``Automatic Sprinkler Systems,'' contains the tables needed to design 
and install either type of system. Minimum water supplies, densities, 
and pipe sizes are given for all types of occupancies.
    The employer may check with a reputable fire protection engineering 
consultant or sprinkler design company when evaluating existing systems 
or designing a new installation.
    With the advent of new construction materials for the manufacuture 
of sprinkler pipe, materials, other than steel have been approved for 
use as sprinkler pipe. Selection of pipe material should be made on the 
basis of the type of installation and the acceptability of the material 
to local fire and building officials where such systems may serve more 
than one purpose.
    Before new sprinkler systems are placed into service, an acceptance 
test is to be conducted. The employer should invite the installer, 
designer, insurance representative, and a local fire official to witness 
the test. Problems found during the test are to be corrected before the 
system is placed into service.
    4. Maintenance. It is important that any sprinkler system 
maintenance be done only when there is minimal employee exposure to the 
fire hazard. For example, if repairs or changes to the system are to be 
made, they should be made during those hours when employees are not 
working or are not occupying that portion of the workplace protected by 
the portion of the system which has been shut down.
    The procedures for performing a flow test via a main drain test or 
by the use of an inspector's test valve can be obtained from the 
employer's fire insurance company or from the National Fire Protection 
Association's Standard No. 13A, ``Sprinkler System, Maintenance.''
    5. Water supplies. The water supply to a sprinkler system is one of 
the most important factors an employer should consider when evaluationg 
a system. Obviously, if there is no water supply, the system is useless. 
Water supplies can be lost for various reasons such as improperly closed 
valves, excessive demand, broken water mains, and broken fire pumps. The 
employer must be able to determine if or when this type of condition 
exists either by performing a main drain test or visual inspection. 
Another problem may be an inadequate water supply. For example, a light 
hazard occupancy may, through rehabilitation or change in tenants, 
become an ordinary or high hazard occupancy. In such cases, the existing 
water supply may not be able to provide the pressure or duration 
necessary for proper protection. Employers must assure that proper 
design and tests have been made to assure an adequate water supply. 
These tests can be arranged through the employer's fire insurance 
carrier or through a local sprinkler maintenance company or through the 
local fire prevention organization.
    Anytime the employer must shut down the primary water supply for a 
sprinkler system, the standard requires that equivalent protection be 
provided. Equivalent protection may include a fire watch with 
extinguishers or hose lines in place and manned, or a secondary water 
supply such as a tank truck and pump, or a tank or fire pond with fire 
pumps, to protect the areas where the primary water supply is limited or 
shut down. The employer may also require evacuation of the workplace and 
have an emergency action plan which specifies such action.
    6. Protection of piping. Piping which is exposed to corrosive 
atmospheres, either chemical or natural, can become defective to the 
extent that it is useless. Employers must assure that piping is 
protected from corrosion by its material of construction, e.g., 
stainless steel, or by a protective coating, e.g., paint.
    7. Sprinklers. When an employer finds it necessary to replace 
sprinkler system components or otherwise change a sprinkler's design, 
employer should make a complete fire protection engineering survey of 
that part of the system being changed. This review

[[Page 531]]

should assure that the changes to the system will not alter the 
effectiveness of the system as it is presently designed. Water supplies, 
densities and flow characteristics should be maintained.
    8. Protection of sprinklers. All components of the system must be 
protected from mechanical impact damage. This can be achieved with the 
use of mechanical guards or screens or by locating components in areas 
where physical contact is impossible or limited.
    9. Sprinkler alarms. The most recognized sprinkler alarm is the 
water motor gong or bell that sounds when water begins to flow through 
the system. This is not however, the only type of acceptable water flow 
alarm. Any alarm that gives an indication that water is flowing through 
the system is acceptable. For example, a siren, a whistle, a flashing 
light, or similar alerting device which can transmit a signal to the 
necessary persons would be acceptable. The purpose of the alarm is to 
alert persons that the system is operating, and that some type of 
planned action is necessary.
    10. Sprinkler spacing. For a sprinkler system to be effective there 
must be an adequate discharge of water spray from the sprinkler head. 
Any obstructions which hinder the designed density or spray pattern of 
the water may create unprotected areas which can cause fire to spread. 
There are some sprinklers that, because of the system's design, are 
deflected to specific areas. This type of obstruction is acceptable if 
the system's design takes it into consideration in providing adequate 
coverage.

          Sec.  1910.160 Fixed extinguishing systems, general.

    1. Scope and application. This section contains the general 
requirements that are applicable to all fixed extinguishing systems 
installed to meet OSHA standards. It also applies to those fixed 
extinguishing systems, generally total flooding, which are not required 
by OSHA, but which, because of the agent's discharge, may expose 
employees to hazardous concentrations of extinguishing agents or 
combustion by-products. Employees who work around fixed extinguishing 
systems must be warned of the possible hazards associated with the 
system and its agent. For example, fixed dry chemical extinguishing 
systems may generate a large enough cloud of dry chemical particles that 
employees may become visually disoriented. Certain gaseous agents can 
expose employees to hazardous by-products of combustion when the agent 
comes into contact with hot metal or other hot surface. Some gaseous 
agents may be present in hazardous concentrations when the system has 
totally discharged because an extra rich concentration is necessary to 
extinguish deep-seated fires. Certain local application systems may be 
designed to discharge onto the flaming surface of a liquid, and it is 
possible that the liquid can splatter when hit with the discharging 
agent. All of these hazards must be determined before the system is 
placed into operation, and must be discussed with employees.
    Based on the known toxicological effects of agents such as carbon 
tetrachloride and chlorobromomethane, OSHA is not permitting the use of 
these agents in areas where employees can be exposed to the agent or its 
side effects. However, chlorobromomethane has been accepted and may be 
used as an explosion suppression agent in unoccupied spaces. OSHA is 
permitting the use of this agent only in areas where employees will not 
be exposed.
    2. Distinctive alarm signals. A distinctive alarm signal is required 
to indicate that a fixed system is discharging. Such a signal is 
necessary on those systems where it is not immediately apparent that the 
system is discharging. For example, certain gaseous agents make a loud 
noise when they discharge. In this case no alarm signal is necessary. 
However, where systems are located in remote locations or away from the 
general work area and where it is possible that a system could discharge 
without anyone knowing that it is doing so, then a distinctive alarm is 
necessary to warn employees of the hazards that may exist. The alarm can 
be a bell, gong, whistle, horn, flashing light, or any combination of 
signals as long as it is identifiable as a discharge alarm.
    3. Maintenance. The employer is responsible for the maintenance of 
all fixed systems, but this responsibility does not preclude the use of 
outside contractors to do such work. New systems should be subjected to 
an acceptance test before placed in service. The employer should invite 
the installer, designer, insurance representative and others to witness 
the test. Problems found during the test need to be corrected before the 
system is considered operational.
    4. Manual discharge stations. There are instances, such as for 
mechanical reasons and others, where the standards call for a manual 
back-up activation device. While the location of this device is not 
specified in the standard, the employer should assume that the device 
should be located where employees can easily reach it. It could, for 
example, be located along the main means of egress from the protected 
area so that employees could activate the system as they evacuate the 
work area.
    5. Personal protective equipment. The employer is required to 
provide the necessary personal protective equipment to rescue employees 
who may be trapped in a totally flooded environment which may be 
hazardous to their health. This equipment would normally include a 
positive-pressure self-contained breathing apparatus and any necessary 
first aid equipment. In cases where the employer can assure the prompt 
arrival

[[Page 532]]

of the local fire department or plant emergency personnel which can 
provide the equipment, this can be considered as complying with the 
standards.

        Sec.  1910.161 Fixed extinguishing systems, dry chemical.

    1. Scope and application. The requirements of this section apply 
only to dry chemical systems. These requirements are to be used in 
conjunction with the requirements of Sec.  1910.160.
    2. Maintenance. The employer is responsible for assuring that dry 
chemical systems will operate effectively. To do this, periodic 
maintenance is necessary. One test that must be conducted during the 
maintenance check is one which will determine if the agent has remained 
free of moisture. If an agent absorbs any moisture, it may tend to cake 
and thereby clog the system. An easy test for acceptable moisture 
content is to take a lump of dry chemical from the container and drop it 
from a height of four inches. If the lump crumbles into fine particles, 
the agent is acceptable.

       Sec.  1910.162 Fixed extinguishing systems, gaseous agent.

    1. Scope and application. This section applies only to those systems 
which use gaseous agents. The requirements of Sec.  1910.160 also apply 
to the gaseous agent systems covered in this section.
    2. Design concentrations. Total flooding gaseous systems are based 
on the volume of gas which must be discharged in order to produce a 
certain designed concentration of gas in an enclosed area. The 
concentration needed to extinguish a fire depends on several factors 
including the type of fire hazard and the amount of gas expected to leak 
away from the area during discharge. At times it is necessary to 
``super-saturate'' a work area to provide for expected leakage from the 
enclosed area. In such cases, employers must assure that the flooded 
area has been ventilated before employees are permitted to reenter the 
work area without protective clothing and respirators.
    3. Toxic decomposition. Certain halogenated hydrocarbons will break 
down or decompose when they are combined with high temperatures found in 
the fire environment. The products of the decomposition can include 
toxic elements or compounds. For example, when Halon 1211 is placed into 
contact with hot metal it will break down and form bromide or fluoride 
fumes. The employer must find out which toxic products may result from 
decomposition of a particular agent from the manufacturer, and take the 
necessary precautions to prevent employee exposure to the hazard.

    Sec.  1910.163 Fixed extinguishing systems, water spray and foam.

    1. Scope and application. This section applies to those systems that 
use water spray or foam. The requirements of Sec.  1910.160 also apply 
to this type of system.
    2. Characteristics of foams. When selecting the type of foam for a 
specific hazard, the employer should consider the following limitations 
of some foams.
    a. Some foams are not acceptable for use on fires involving 
flammable gases and liquefied gases with boiling points below ambient 
workplace temperatures. Other foams are not effective when used on fires 
involving polar solvent liquids.
    b. Any agent using water as part of the mixture should not be used 
on fire involving combustible metals unless it is applied under proper 
conditions to reduce the temperature of burning metal below the ignition 
temperature. The employer should use only those foams that have been 
tested and accepted for this application by a recognized independent 
testing laboratory.
    c. Certain types of foams may be incompatible and break down when 
they are mixed together.
    d. For fires involving water miscible solvents, employers should use 
only those foams tested and approved for such use. Regular protein foams 
may not be effective on such solvents.
    Whenever employers provide a foam or water spray system, drainage 
facilities must be provided to carry contaminated water or foam overflow 
away from the employee work areas and egress routes. This drainage 
system should drain to a central impounding area where it can be 
collected and disposed of properly. Other government agencies may have 
regulations concerning environmental considerations.

                 Sec.  1910.164 Fire detection systems.

    1. Installation and restoration. Fire detection systems must be 
designed by knowledgeable engineers or other professionals, with 
expertise in fire detection systems and when the systems are installed, 
there should be an acceptance test performed on the system to insure it 
operates properly. The manufacturer's recommendations for system design 
should be consulted. While entire systems may not be approved, each 
component used in the system is required to be approved. Custom fire 
detection systems should be designed by knowledgeable fire protection or 
electrical engineers who are familiar with the workplace hazards and 
conditions. Some systems may only have one or two individual detectors 
for a small workplace, but good design and installation is still 
important. An acceptance test should be performed on all systems, 
including these smaller systems.

[[Page 533]]

    OSHA has a requirement that spare components used to replace those 
which may be destroyed during an alarm situation be available in 
sufficient quantities and locations for prompt restoration of the 
system. This does not mean that the parts or components have to be 
stored at the workplace. If the employer can assure that the supply of 
parts is available in the local community or the general metropolitan 
area of the workplace, then the requirements for storage and 
availability have been met. The intent is to make sure that the alarm 
system is fully operational when employees are occupying the workplace, 
and that when the system operates it can be returned to full service the 
next day or sooner.
    2. Supervision. Fire detection systems should be supervised. The 
object of supervision is detection of any failure of the circuitry, and 
the employer should use any method that will assure that the system's 
circuits are operational. Electrically operated sensors for air 
pressure, fluid pressure, or electrical circuits, can provide effective 
monitoring and are the typical types of supervision.
    3. Protection of fire detectors. Fire detectors must be protected 
from corrosion either by protective coatings, by being manufactured from 
non-corrosive materials or by location. Detectors must also be protected 
from mechanical impact damage, either by suitable cages or metal guards 
where such hazards are present, or by locating them above or out of 
contact with materials or equipment which may cause damage.
    4. Number, location, and spacing of detectors. This information can 
be obtained from the approval listing for detectors or NFPA standards. 
It can also be obtained from fire protection engineers or consultants or 
manufacturers of equipment who have access to approval listings and 
design methods.

                 Sec.  1910.165 Employee alarm systems.

    1. Scope and application. This section is intended to apply to 
employee alarm systems used for all types of employee emergencies except 
those which occur so quickly and at such a rapid rate (e.g., explosions) 
that any action by the employee is extremely limited following 
detection.
    In small workplaces with 10 or less employees the alarm system can 
be by direct voice communication (shouting) where any one individual can 
quickly alert all other employees. Radio may be used to transmit alarms 
from remote workplaces where telephone service is not available, 
provided that radio messages will be monitored by emergency services, 
such as fire, police or others, to insure alarms are transmitted and 
received.
    2. Alarm signal alternatives. In recognition of physically impaired 
individuals, OSHA is accepting various methods of giving alarm signals. 
For example, visual, tactile or audible alarm signals are acceptable 
methods for giving alarms to employees. Flashing lights or vibrating 
devices can be used in areas where the employer has hired employees with 
hearing or vision impairments. Vibrating devices, air fans, or other 
tactile devices can be used where visually and hearing impaired 
employees work. Employers are cautioned that certain frequencies of 
flashing lights have been claimed to initiate epileptic seizures in some 
employees and that this fact should be considered when selecting an 
alarm device. Two way radio communications would be most appropriate for 
transmitting emergency alarms in such workplaces which may be remote or 
where telephones may not be available.
    3. Reporting alarms. Employee alarms may require different means of 
reporting, depending on the workplace involved. For example, in small 
workplaces, a simple shout throughout the workplace may be sufficient to 
warn employees of a fire or other emergency. In larger workplaces, more 
sophisticated equipment is necessary so that entire plants or high-rise 
buildings are not evacuated for one small emergency. In remote areas, 
such as pumping plants, radio communication with a central base station 
may be necessary. The goal of this standard is to assure that all 
employees who need to know that an emergency exists can be notified of 
the emergency. The method of transmitting the alarm should reflect the 
situation found at the workplace.
    Personal radio transmitters, worn by an individual, can be used 
where the individual may be working such as in a remote location. Such 
personal radio transmitters shall send a distinct signal and should 
clearly indicate who is having an emergency, the location, and the 
nature of the emergency. All radio transmitters need a feedback system 
to assure that the emergency alarm is sent to the people who can provide 
assistance.
    For multi-story buildings or single story buildings with interior 
walls for subdivisions, the more traditional alarm systems are 
recommended for these types of workplaces. Supervised telephone or 
manual fire alarm or pull box stations with paging systems to transmit 
messages throughout the building is the recommended alarm system. The 
alarm box stations should be available within a travel distance of 200 
feet. Water flow detection on a sprinkler system, fire detection systems 
(guard's supervisory station) or tour signal (watchman's service), or 
other related systems may be part of the overall system. The paging 
system may be used for nonemergency operations provided the emergency 
messages and uses will have precedence over all other uses of the 
system.
    4. Supervision. The requirements for supervising the employee alarm 
system circuitry and power supply may be accomplished in a variety of 
ways. Typically, electrically operated sensors for air pressure, fluid 
pressure,

[[Page 534]]

steam pressure, or electrical continuity of circuitry may be used to 
continuously monitor the system to assure it is operational and to 
identify trouble in the system and give a warning signal.

[45 FR 60715, Sept. 12, 1980; 46 FR 24557, May 1, 1981]

   Appendix B to Subpart L of Part 1910--National Consensus Standards

    The following table contains a cross-reference listing of those 
current national consensus standards which contains information and 
guidelines that would be considered acceptable in complying with 
requirements in the specific sections of subpart L.

------------------------------------------------------------------------
         Subpart L section               National consensus standard
------------------------------------------------------------------------
1910.156..........................  ANSI/NFPA No. 1972; Structural Fire
                                     Fighter's Helmets.
                                    ANSI Z88.5 American National
                                     Standard, Practice for Respirator
                                     Protection for the Fire Service.
                                    ANSI/NFPA No. 1971, Protective
                                     Clothing for Structural Fire
                                     Fighters.
                                    NFPA No. 1041, Fire Service
                                     Instructor Professional
                                     Qualifications.
1910.157..........................  ANSI/NFPA No. 10, Portable Fire
                                     Extinguishers.
1910.158..........................  ANSI/NFPA No. 18, Wetting Agents.
                                    ANSI/NFPA No. 20, Centrifugal Fire
                                     Pumps.
                                    NFPA No. 21, Steam Fire Pumps.
                                    ANSI/NFPA No. 22, Water Tanks.
                                    NFPA No. 24, Outside Protection.
                                    NFPA No. 26, Supervision of Valves.
                                    NFPA No. 13E, Fire Department
                                     Operations in Properties Protected
                                     by Sprinkler, Standpipe Systems.
                                    ANSI/NFPA No. 194, Fire Hose
                                     Connections.
                                    NFPA No. 197, Initial Fire Attack,
                                     Training for.
                                    NFPA No. 1231, Water Supplies for
                                     Suburban and Rural Fire Fighting.
1910.159..........................  ANSI-NFPA No. 13, Sprinkler Systems.
                                    NFPA No. 13A, Sprinkler Systems,
                                     Maintenance.
                                    ANSI/NFPA No. 18, Wetting Agents.
                                    ANSI/NFPA No. 20, Centrifugal Fire
                                     Pumps.
                                    ANSI/NFPA No. 22, Water Tanks.
                                    NFPA No. 24, Outside Protection.
                                    NFPA No. 26, Supervision of Valves.
                                    ANSI/NFPA No. 72B, Auxiliary
                                     Signaling Systems.
                                    NFPA No. 1231, Water Supplies for
                                     Suburban and Rural Fire Fighting.
1910.160..........................  ANSI/NFPA No. 11, Foam Systems.
                                    ANSI/NFPA 11A, High Expansion Foam
                                     Extinguishing Systems.
                                    ANSI/NFPA No. 11B, Synthetic Foam
                                     and Combined Agent Systems.
                                    ANSI/NFPA No. 12, Carbon Dioxide
                                     Systems.
                                    ANSI/NFPA No. 12A, Halon 1301
                                     Systems.
                                    ANSI/NFPA No. 12B, Halon 1211
                                     Systems.
                                    ANSI/NFPA No. 15, Water Spray
                                     Systems.
                                    ANSI/NFPA 16 Foam-Water Spray
                                     Systems.
                                    ANSI/NFPA No. 17, Dry Chemical
                                     Systems.
                                    ANSI/NFPA 69, Explosion Suppression
                                     Systems.
1910.161..........................  ANSI/NFPA No. 11B, Synthetic Foam
                                     and Combined Agent Systems.
                                    ANSI/NFPA No. 17, Dry Chemical
                                     Systems.
1910.162..........................  ANSI/NFPA No. 12, Carbon Dioxide
                                     Systems.
                                    ANSI/NFPA No. 12A, Halon 1211
                                     Systems.
                                    ANSI/NFPA No. 12B, Halon 1301
                                     Systems.
                                    ANSI/NFPA No. 69, Explosion
                                     Suppression Systems.
1910.163..........................  ANSI/NFPA No. 11, Foam Extinguishing
                                     Systems.
                                    ANSI/NFPA No. 11A, High Expansion
                                     Foam Extinguishing Systems.
                                    ANSI/NFPA No. 11B, Synthetic Foam
                                     and Combined Agent Systems.
                                    ANSI/NFPA No. 15, Water Spray Fixed
                                     Systems.
                                    ANSI/NFPA No. 16, Foam-Water Spray
                                     Systems.
                                    ANSI/NFPA No. 18, Wetting Agents.
                                    NFPA No. 26, Supervision of Valves.
1910.164..........................  ANSI/NFPA No. 71, Central Station
                                     Signaling Systems.
                                    ANSI/NFPA No. 72A, Local Protective
                                     Signaling Systems.
                                    ANSI/NFPA No. 72B, Auxiliary
                                     Signaling Systems.
                                    ANSI/NFPA No. 72D, Proprietary
                                     Protective Signaling Systems.
                                    ANSI/NFPA No. 72E, Automatic Fire
                                     Detectors.
                                    ANSI/NFPA No. 101, Life Safety Code.
1910.165..........................  ANSI/NFPA No. 71, Central Station
                                     Signaling Systems.
                                    ANSI/NFPA No. 72A, Local Protective
                                     Signaling Systems.
                                    ANSI/NFPA No. 72B, Auxiliary
                                     Protective Signaling Systems.
                                    ANSI/NFPA No. 72C, Remote Station
                                     Protective Signaling Systems.
                                    ANSI/NFPA No. 72D, Proprietary
                                     Protective Signaling Systems.
                                    ANSI/NFPA No. 101, Life Safety Code.
Metric Conversion.................  ANSI/ASTM No. E380, American
                                     National Standard for Metric
                                     Practice.
------------------------------------------------------------------------
NFPA standards are available from the National Fire Protection
  Association, Batterymarch Park, Quincy, MA 02269.

[[Page 535]]

 
ANSI Standards are available from the American National Standards
  Institute, 1430 Broadway, New York, NY 10018.


[45 FR 60715, Sept. 12, 1980, as amended at 58 FR 35309, June 30, 1993]



 Sec. Appendix C to Subpart L of Part 1910--Fire Protection References 
                         For Further Information

    I. Appendix general references. The following references provide 
information which can be helpful in understanding the requirements 
contained in all of the sections of subpart L:
    A. Fire Protection Handbook, National Fire Protection Association, 
Batterymarch Park, Quincy, MA 02269.
    B. Accident Prevention Manual for Industrial Operations, National 
Safety Council; 425 North Michigan Avenue, Chicago, IL 60611.
    C. Various associations also publish information which may be useful 
in understanding these standards. Examples of these associations are: 
Fire Equipment Manufacturers Association (FEMA) of Arlington, VA 22204 
and the National Association of Fire Equipment Distributors (NAFED) of 
Chicago, IL 60601.
    II. Appendix references applicable to individual sections. The 
following references are grouped according to individual sections 
contained in subpart L. These references provide information which may 
be helpful in understanding and implementing the standards of each 
section of subpart L.
    A. Sec.  1910.156. Fire brigades:
    1. Private Fire Brigades, NFPA 27; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    2. Initial Fire Attack, Training Standard On, NFPA 197; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    3. Fire Fighter Professional Qualifications, NFPA 1001; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    4. Organization for Fire Services, NFPA 1201; National Fire 
Protection Association, Batterymarch Park, Quincy, MA 02269 .
    5. Organization of a Fire Department, NFPA 1202; National Fire 
Protection Association, Batterymarch Park, Quincy, MA 02269 .
    6. Protective Clothing for Structural Fire Fighting, ANSI/NFPA 1971; 
.
    7. American National Standard for Men's Safety-Toe Footwear, ANSI 
Z41.1; American National Standards Institute, New York, NY 10018.
    8. American National Standard for Occupational and Educational Eye 
and Face Protection, ANSI Z87.1; American National Standards Institute, 
New York, NY 10018.
    9. American National Standard, Safety Requirements for Industrial 
Head Protection, ANSI Z89.1; American National Standards Institute, New 
York, NY 10018.
    10. Specifications for Protective Headgear for Vehicular Users, ANSI 
Z90.1; American National Standards Institute, New York, NY 10018.
    11. Testing Physical Fitness; Davis and Santa Maria. Fire Command. 
April 1975.
    12. Development of a Job-Related Physical Performance Examination 
for Fire Fighters; Dotson and Others. A summary report for the National 
Fire Prevention and Control Administration. Washington, DC. March 1977.
    13. Proposed Sample Standards for Fire Fighters' Protective Clothing 
and Equipment; International Association of Fire Fighters, Washington, 
DC.
    14. A Study of Facepiece Leakage of Self-Contained Breathing 
Apparatus by DOP Man Tests; Los Alamos Scientific Laboratory, Los 
Alamos, NM.
    15. The Development of Criteria for Fire Fighters' Gloves; Vol. II: 
Glove Criteria and Test Methods; National Institute for Occupational 
Safety and Health, Cincinnati, OH. 1976.
    16. Model Performance Criteria for Structural Fire Fighters' 
Helmets; National Fire Prevention and Control Administration, 
Washington, DC. 1977.
    17. Firefighters; Job Safety and Health Magazine, Occupational 
Safety and Health Administration, Washington, DC. June 1978.
    18. Eating Smoke--The Dispensable Diet; Utech, H.P. The Fire 
Independent, 1975.
    19. Project Monoxide--A Medical Study of an Occupational Hazard of 
Fire Fighters; International Association of Fire Fighters, Washington, 
DC.
    20. Occupational Exposures to Carbon Monoxide in Baltimore 
Firefighters; Radford and Levine. Johns Hopkins University, Baltimore, 
MD. Journal of Occupational Medicine, September, 1976.
    21. Fire Brigades; National Safety Council, Chicago, IL. 1966.
    22. American National Standard, Practice for Respiratory Protection 
for the Fire Service; ANSI Z88.5; American National Standards Institute, 
New York, NY 10018.
    23. Respirator Studies for the Nuclear Regulatory Commission; 
October 1, 1977--September 30, 1978. Evaluation and Performance of Open 
Circuit Breathing Apparatus. NU REG/CR-1235. Los Alamos Scientific 
Laboratory; Los Alamos, NM. 87545, January, 1980.
    B. Sec.  1910.157. Portable fire extinguishers:
    1. Standard for Portable Fire Extinguishers, ANSI/NFPA 10; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269
    2. Methods for Hydrostatic Testing of Compressed Gas Cylinders, C-1; 
Compressed Gas Association, 1235 Jefferson Davis Highway, Arlington, VA 
22202.

[[Page 536]]

    3. Recommendations for the Disposition of Unserviceable Compressed 
Gas Cylinders, C-2; Compressed Gas Association, 1235 Jefferson Davis 
Highway, Arlington, VA 22202.
    4. Standard for Visual Inspection of Compressed Gas Cylinders, C-6; 
Compressed Gas Association, 1235 Jefferson Davis Highway, Arlington, VA 
22202.
    5. Portable Fire Extinguisher Selection Guide, National Association 
of Fire Equipment Distributors; 111 East Wacker Drive, Chicago, IL 
60601.
    C. Sec.  1910.158. Standpipe and hose systems:
    1. Standard for the Installation of Sprinkler Systems, ANSI/NFPA 13; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    2. Standard of the Installation of Standpipe and Hose Systems, ANSI/
NFPA 14; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269.
    3. Standard for the Installation of Centrifugal Fire Pumps, ANSI/
NFPA 20; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269.
    4. Standard for Water Tanks for Private Fire Protection, ANSI/NFPA 
22; National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    5. Standard for Screw Threads and Gaskets for Fire Hose Connections, 
ANSI/NFPA 194; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269 .
    6. Standard for Fire Hose, NFPA 196; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269.
    7. Standard for the Care of Fire Hose, NFPA 198; National Fire 
Protection Association, Batterymarch Park, Quincy, MA 02269.
    D. Sec.  1910.159. Automatic sprinkler systems:
    1. Standard of the Installation of Sprinkler Systems, ANSI-NFPA 13; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    2. Standard for the Care and Maintenance of Sprinkler Systems, ANSI/
NFPA 13A; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269.
    3. Standard for the Installation of Standpipe and Hose Systems, 
ANSI/NFPA 14; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269.
    4. Standard for the Installation of Centrifugal Fire Pumps, ANSI/
NFPA 20; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269 .
    5. Standard for Water Tanks for Private Fire Protection, ANSI-NFPA 
22; National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    6. Standard for Indoor General Storage, ANSI/NFPA 231; National Fire 
Protection Association, Batterymarch Park, Quincy, MA 02269.
    7. Standard for Rack Storage of Materials, ANSI/NFPA 231C; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269.
    E. Sec.  1910.160. Fixed extinguishing systems--general information:
    1. Standard for Foam Extinguishing Systems, ANSI-NFPA 11; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    2. Standard for Hi-Expansion Foam Systems, ANSI/NFPA 11A; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    3. Standard on Synthetic Foam and Combined Agent Systems, ANSI/NFPA 
11B; National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    4. Standard on Carbon Dioxide Extinguishing Systems, ANSI/NFPA 12; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269 .
    5. Standard on Halon 1301, ANSI/NFPA 12A; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269.
    6. Standard on Halon 1211, ANSI/NFPA 12B; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    7. Standard for Water Spray Systems, ANSI/NFPA 15; National Fire 
Protection Association, Batterymarch Park, Quincy, MA 02269 .
    8. Standard for Foam-Water Sprinkler Systems and Foam-Water Spray 
Systems, ANSI/NFPA 16; National Fire Protection Association, 
Batterymarch Park, Quincy, MA 02269
    9. Standard for Dry Chemical Extinguishing Systems, ANSI/NFPA 17; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    F. Sec.  1910.161. Fixed extinguishing systems--dry chemical:
    1. Standard for Dry Chemical Extinguishing Systems, ANSI/NFPA 17; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    2. National Electrical Code, ANSI/NFPA 70; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269.
    3. Standard for the Installation of Equipment for the Removal of 
Smoke and Grease-Laden Vapor from Commercial Cooking Equipment, NFPA 96; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    G. Sec.  1910.162. Fixed extinguishing systems--gaseous agents:
    1. Standard on Carbon Dioxide Extinguishing Systems, ANSI/NFPA 12; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269 .
    2. Standard on Halon 1301, ANSI/NFPA 12B; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    3. Standard on Halon 1211, ANSI/NFPA 12B; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    4. Standard on Explosion Prevention Systems, ANSI/NFPA 69; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .

[[Page 537]]

    5. National Electrical Code, ANSI/NFPA 70; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    6. Standard on Automatic Fire Detectors, ANSI/NFPA 72E; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    7. Determination of Halon 1301/1211 Threshold Extinguishing 
Concentrations Using the Cup Burner Method; Riley and Olson, Ansul 
Report AL-530-A.
    H. Sec.  1910.163. Fixed extinguishing systems--water spray and foam 
agents:
    1. Standard for Foam Extinguisher Systems, ANSI/NFPA 11; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    2. Standard for High Expansion Foam Systems, ANSI/NFPA 11A; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    3. Standard for Water Spray Fixed Systems for Fire Protection, ANSI/
NFPA 15; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269 .
    4. Standard for the Installation of Foam-Water Sprinkler Systems and 
Foam-Water Spray Systems, ANSI/NFPA 16; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    I. Sec.  1910.164. Fire Detection systems:
    1. National Electrical Code, ANSI/NFPA 70; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    2. Standard for Central Station Signaling Systems, ANSI/NFPA 71; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269 .
    3. Standard on Automatic Fire Detectors, ANSI/NFPA 72E; National 
Fire Protection Association, Batterymarch Park, Quincy, MA 02269 .
    J. Sec.  1910.165. Employee alarm systems:
    1. National Electrical Code, ANSI/NFPA 70; National Fire Protection 
Association, Batterymarch Park, Quincy, MA 02269 .
    2. Standard for Central Station Signaling systems, ANSI/NFPA 71; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    3. Standard for Local Protective Signaling Systems, ANSI/NFPA 72A; 
National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    4. Standard for Auxiliary Protective Signaling Systems, ANSI/NFPA 
72B; National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    5. Standard for Remote Station Protective Signaling Systems, ANSI/
NFPA 72C; National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269 .
    6. Standard for Proprietary Protective Signaling Systems, ANSI/NFPA 
72D; National Fire Protection Association, Batterymarch Park, Quincy, MA 
02269.
    7. Vocal Emergency Alarms in Hospitals and Nursing Facilities: 
Practice and Potential. National Bureau of Standards. Washington, D.C., 
July 1977.
    8. Fire Alarm and Communication Systems. National Bureau of 
Standards. Washington, D.C., April 1978.

[45 FR 60715, Sept. 12, 1980, as amended at 58 FR 35309, June 30, 1993]



Sec. Appendix D to Subpart L of Part 1910--Availability of Publications 
       Incorporated by Reference in Section 1910.156 Fire Brigades

    The final standard for fire brigades, section 1910.156, contains 
provisions which incorporate certain publications by reference. The 
publications provide criteria and test methods for protective clothing 
worn by those fire brigade members who are expected to perform interior 
structural fire fighting. The standard references the publications as 
the chief sources of information for determining if the protective 
clothing affords the required level of protection.
    It is appropriate to note that the final standard does not require 
employers to purchase a copy of the referenced publications. Instead, 
employers can specify (in purchase orders to the manufacturers) that the 
protective clothing meet the criteria and test methods contained in the 
referenced publications and can rely on the manufacturers' assurances of 
compliance. Employers, however, may desire to obtain a copy of the 
referenced publications for their own information.
    The paragraph designation of the standard where the referenced 
publications appear, the title of the publications, and the availablity 
of the publications are as follows:

----------------------------------------------------------------------------------------------------------------
          Paragraph designation                 Referenced publication                  Available from
----------------------------------------------------------------------------------------------------------------
1910.156(e)(3)(ii)......................  ``Protective Clothing for           National Fire Protection
                                           Structural Fire Fighting,'' NFPA    Association, Batterymarch Park,
                                           No. 1971 (1975).                    Quincy, MA 02269.
1910.156(e)(4)(i).......................  ``Development of Criteria for Fire  U.S. Government Printing Office,
                                           Fighter's Gloves; Vol. II, Part     Washington, D.C. 20402. Stock No.
                                           II: Test Methods'' (1976).          for Vol. II is: 071-033-0201-1.
1910.156(e)(5)(i).......................  ``Model Performance Criteria for    U.S. Fire Administration, National
                                           Structural Firefighter's            Fire Safety and Research Office,
                                           Helmets'' (1977).                   Washington, D.C. 20230.
----------------------------------------------------------------------------------------------------------------


[[Page 538]]

    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-Rear, United States Department of 
Labor, 200 Constitution Ave., N.W., Washington, D.C. 20210 (202-219-
7500), or at any OSHA Regional Office (see telephone directories under 
United States Government-Labor Department).

[45 FR 60715, Sept. 12, 1980, as amended at 58 FR 33509, June 30, 1993; 
61 FR 9239, Mar. 7, 1996]



 Sec. Appendix E to Subpart L of Part 1910--Test Methods for Protective 
                                Clothing

    This appendix contains test methods which must be used to determine 
if protective clothing affords the required level of protection as 
specified in Sec.  1910.156, fire brigades.
    (1) Puncture resistance test method for foot protection.
    A. Apparatus. The puncture resistance test shall be performed on a 
testing machine having a movable platform adjusted to travel at \1/4\-
inch/min (0.1 cm/sec). Two blocks of hardwood, metal, or plastic shall 
be prepared as follows: the blocks shall be of such size and thickness 
as to insure a suitable rigid test ensemble and allow for at least one-
inch of the pointed end of an 8D nail to be exposed for the penetration. 
One block shall have a hole drilled to hold an 8D common nail firmly at 
an angle of 98[deg]. The second block shall have a maximum \1/2\-inch 
(1.3 cm) diameter hole drilled through it so that the hole will allow 
free passage of the nail after it penetrates the insole during the test.
    B. Procedure. The test ensemble consisting of the sample unit, the 
two prepared blocks, a piece of leather outsole 10 to 11 irons thick, 
and a new 8D nail, shall be placed as follows: the 8D nail in the hole, 
the sample of outsole stock superimposed above the nail, the area of the 
sole plate to be tested placed on the outsole, and the second block with 
hole so placed as to allow for free passage of the nail after it passes 
through the outsole stock and sole plate in that order. The machine 
shall be started and the pressure, in pounds required for the nail to 
completely penetrate the outsole and sole plate, recorded to the nearest 
five pounds. Two determinations shall be made on each sole plate and the 
results averaged. A new nail shall be used for each determination.
    C. Source. These test requirements are contained in ``Military 
Specification For Fireman's Boots,'' MIL-B-2885D (1973 and amendment 
dated 1975) and are reproduced for your convenience.
    (2) Test method for determining the strength of cloth by tearing: 
Trapezoid Method.
    A. Test specimen. The specimen shall be a rectangle of cloth 3-
inches by 6-inches (7.6 cm by 15.2 cm). The long dimension shall be 
parallel to the warp for warp tests and parallel to the filling for 
filling tests. No two specimens for warp tests shall contain the same 
warp yarns, nor shall any two specimens for filling tests contain the 
same filling yarns. The specimen shall be taken no nearer the selvage 
than \1/10\ the width of the cloth. An isosceles trapezoid having an 
altitude of 3-inches (7.6 cm) and bases of 1 inch (2.5cm) and 4 inches 
(10.2 cm) in length, respectively, shall be marked on each specimen, 
preferably with the aid of a template. A cut approximately \3/8\-inch (1 
cm) in length shall then be made in the center of a perpendicular to the 
1-inch (2.5 cm) edge.
    B. Apparatus. (i) Six-ounce (.17 kg) weight tension clamps shall be 
used so designed that the six ounces (.17 kg) of weight are distributed 
evenly across the complete width of the sample.
    (ii) The machine shall consist of three main parts: Straining 
mechanism, clamps for holding specimen, and load and elongation 
recording mechanisms.
    (iii) A machine wherein the specimen is held between two clamps and 
strained by a uniform movement of the pulling clamp shall be used.
    (iv) The machine shall be adjusted so that the pulling clamp shall 
have a uniform speed of 12 10.5 inches per minute 
(0.5 .02 cm/sec).
    (v) The machine shall have two clamps with two jaws on each clamp. 
The design of the two clamps shall be such that one gripping surface or 
jaw may be an integral part of the rigid frame of the clamp or be 
fastened to allow a slight vertical movement, while the other gripping 
surface or jaw shall be completely moveable. The dimension of the 
immovable jaw of each clamp parallel to the application of the load 
shall measure one-inch, and the dimension of the jaw perpendicular to 
this direction shall measure three inches or more. The face of the 
movable jaw of each clamp shall measure one-inch by three inches.
    Each jaw face shall have a flat smooth, gripping surface. All edges 
which might cause a cutting action shall be rounded to a radius of not 
over \1/64\-inch (.04 cm). In cases where a cloth tends to slip when 
being tested, the jaws may be faced with rubber or other material to 
prevent slippage. The distance between the jaws (gage length) shall be 
one-inch at the start of the test.
    (vi) Calibrated dial; scale or chart shall be used to indicate 
applied load and elongation. The machine shall be adjusted or set, so 
that the maximum load required to break the specimen will remain 
indicated on the calibrated dial or scale after the test specimen has 
ruptured.
    (vii) The machine shall be of such capacity that the maximum load 
required to break

[[Page 539]]

the specimen shall be not greater than 85 percent or less than 15 
percent of the rated capacity.
    (viii) The error of the machine shall not exceed 2 percent up to and 
including a 50-pound load (22.6 kg) and 1 percent over a 50-pound load 
(22.6 kg) at any reading within its loading range.
    (ix) All machine attachments for determining maximum loads shall be 
disengaged during this test.
    C. Procedure. (i) The specimen shall be clamped in the machine along 
the nonparallel sides of the trapezoid so that these sides lie along the 
lower edge of the upper clamp and the upper edge of the lower clamp with 
the cut halfway between the clamps. The short trapezoid base shall be 
held taut and the long trapezoid base shall lie in the folds.
    (ii) The machine shall be started and the force necessary to tear 
the cloth shall be observed by means of an autographic recording device. 
The speed of the pulling clamp shall be 12 inches 0.5 inch per minute (0.5 .02 cm/
sec).
    (iii) If a specimen slips between the jaws, breaks in or at the 
edges of the jaws, or if for any reason attributable to faulty 
technique, an individual measurement falls markedly below the average 
test results for the sample unit, such result shall be discarded and 
another specimen shall be tested.
    (iv) The tearing strength of the specimen shall be the average of 
the five highest peak loads of resistance registered for 3 inches (7.6 
cm) of separation of the tear.
    D. Report. (i) Five specimens in each of the warp and filling 
directions shall be tested from each sample unit.
    (ii) The tearing strength of the sample unit shall be the average of 
the results obtained from the specimens tested in each of the warp and 
filling directions and shall be reported separately to the nearest 0.1-
pound (.05 kg).
    E. Source. These test requirements are contained in ``Federal Test 
Method Standard 191, Method 5136'' and are reproduced for your 
convenience.
    (3) Test method for determining flame resistance of cloth; vertical.
    A. Test specimen. The specimen shall be a rectangle of cloth 2\3/4\ 
inches (7.0 cm) by 12 inches (30.5 cm) with the long dimension parallel 
to either the warp or filling direction of the cloth. No two warp 
specimens shall contain the same warp yarns, and no two filling 
specimens shall contain the same filling yarn.
    B. Number of determinations. Five specimens from each of the warp 
and filling directions shall be tested from each sample unit.
    C. Apparatus. (i) Cabinet. A cabinet and accessories shall be 
fabricated in accordance with the requirements specified in Figures L-1, 
L-2, and L-3. Galvanized sheet metal or other suitable metal shall be 
used. The entire inside back wall of the cabinet shall be painted black 
to facilitate the viewing of the test specimen and pilot flame.
    (ii) Burner. The burner shall be equipped with a variable orifice to 
adjust the flame height, a barrel having a \3/8\-inch (1 cm) inside 
diameter and a pilot light.
    (a) The burner may be constructed by combining a \3/8\-inch (1 cm) 
inside diameter barrel 3 \1/4\ inches (7.6 .6 cm) long from a fixed orifice burner with a base from 
a variable orifice burner.
    (b) The pilot light tube shall have a diameter of approximately \1/
16\-inch (.2 cm) and shall be spaced \1/8\-inch (.3 cm) away from the 
burner edge with a pilot flame \1/8\-inch (.3 cm) long.
    (c) The necessary gas connections and the applicable plumbing shall 
be as specified in Figure L-4 except that a solenoid valve may be used 
in lieu of the stopcock valve to which the burner is attached. The 
stopcock valve or solenoid valve, whichever is used, shall be capable of 
being fully opened or fully closed in 0.1-second.
    (d) On the side of the barrel of the burner, opposite the pilot 
light there shall be a metal rod of approximately \1/8\-inch (.3 cm) 
diameter spaced \1/2\-inch (1.3 cm) from the barrel and extending above 
the burner. The rod shall have two \5/16\-inch (.8 cm) prongs marking 
the distances of \3/4\-inch (1.9 cm) and 1\1/2\ inches (3.8 cm) above 
the top of the burner.
    (e) The burner shall be fixed in a position so that the center of 
the barrel of the burner is directly below the center of the specimen.
    (iii) There shall be a control valve system with a delivery rate 
designed to furnish gas to the burner under a pressure of 2\1/2\ \1/4\ (psi) (17.5 1.8 kPa) per 
square inch at the burner inlet (see (g)(3)(vi)(A)). The manufacturer's 
recommended delivery rate for the valve system shall be included in the 
required pressure.
    (iv) A synthetic gas mixture shall be of the following composition 
within the following limits (analyzed at standard conditions): 55 3 percent hydrogen, 24 1 percent 
methane, 3 1 percent ethane, and 18 1 percent carbon monoxide which will give a specific 
gravity of 0.365 0.018 (air = 1) and a B.T.U. 
content of 540 20 per cubic foot (20.1 3.7 kJ/L)(dry basis) at 69.8 [deg]F (21 [deg]C).
    (v) There shall be metal hooks and weights to produce a series of 
total loads to determine length of char. The metal hooks shall consist 
of No. 19 gage steel wire or equivalent and shall be made from 3-inch 
(7.6 cm) lengths of wire and bent \1/2\-inch (1.3 cm) from one end to a 
45 degree hook. One end of the hook shall be fastened around the neck of 
the weight to be used.
    (vi) There shall be a stop watch or other device to measure the 
burning time to 0.2-second.

[[Page 540]]

    (vii) There shall be a scale, graduated in 0.1 inch (.3 cm) to 
measure the length of char.
    D. Procedure. (i) The material undergoing test shall be evaluated 
for the characteristics of after-flame time and char length on each 
specimen.
    (ii) All specimens to be tested shall be at moisture equilibrium 
under standard atmospheric conditions in accordance with paragraph (3)C 
of this appendix. Each specimen to be tested shall be exposed to the 
test flame within 20 seconds after removal from the standard atmosphere. 
In case of dispute, all testing will be conducted under Standard 
Atmospheric Conditions in accordance with paragraph (3)C of this 
appendix.
    (iii) The specimen in its holder shall be suspended vertically in 
the cabinet in such a manner that the entire length of the specimen is 
exposed and the lower end is \3/4\-inch (1.9 cm) above the top of the 
gas burner. The apparatus shall be set up in a draft free area.
    (iv) Prior to inserting the specimen, the pilot flame shall be 
adjusted to approximately \1/8\-inch (.3 cm) in height measured from its 
lowest point to the tip.
    The burner flame shall be adjusted by means of the needle valve in 
the base of the burner to give a flame height of 1\1/2\ inches (3.8 cm) 
with the stopcock fully open and the air supply to the burner shut off 
and taped. The 1\1/2\-inch (3.8 cm) flame height is obtained by 
adjusting the valve so that the uppermost portion (tip) of the flame is 
level with the tip of the metal prong (see Figure L-2) specified for 
adjustment of flame height. It is an important aspect of the evaluation 
that the flame height be adjusted with the tip of the flame level with 
the tip of the metal prong. After inserting the specimen, the stopcock 
shall be fully opened, and the burner flame applied vertically at the 
middle of the lower edge of the specimen for 12 seconds and the burner 
turned off. The cabinet door shall remain shut during testing.
    (v) The after-flame shall be the time the specimen continues to 
flame after the burner flame is shut off.
    (vi) After each specimen is removed, the test cabinet shall be 
cleared of fumes and smoke prior to testing the next specimen.
    (vii) After both flaming and glowing have ceased, the char length 
shall be measured. The char length shall be the distance from the end of 
the specimen, which was exposed to the flame, to the end of a tear (made 
lengthwise) of the specimen through the center of the charred area as 
follows: The specimen shall be folded lengthwise and creased by hand 
along a line through the highest peak of the charred area. The hook 
shall be inserted in the specimen (or a hole, \1/4\-inch (.6 cm) 
diameter or less, punched out for the hook) at one side of the charred 
area \1/4\-inch (.6 cm) from the adjacent outside edge and \1/4\-inch 
(.6 cm) in from the lower end. A weight of sufficient size such that the 
weight and hook together shall equal the total tearing load required in 
Table L-2 of this section shall be attached to the hook.
    (viii) A tearing force shall be applied gently to the specimen by 
grasping the corner of the cloth at the opposite edge of the char from 
the load and raising the specimen and weight clear of the supporting 
surface. The end of the tear shall be marked off on the edge and the 
char length measurement made along the undamaged edge.
    Loads for determining char length applicable to the weight of the 
test cloth shall be as shown in Table L-2.

                              Table L-2 \1\
------------------------------------------------------------------------
                                                           Total tearing
                                                             weight for
Specified weight per square yard of cloth before any fire   determining
          retardant treatment or coating--ounces            the charred
                                                           length--pound
------------------------------------------------------------------------
2.0 to 6.0...............................................          0.25
Over 6.0 to 15.0.........................................          0.50
Over 15.0 to 23.0........................................          0.75
Over 23.0................................................           1.0
------------------------------------------------------------------------
\1\ To change into S.I. (System International) units, 1 ounce = 28.35
  grams, 1 pound = 453 grams, 1 yard = .91 metre.

    (ix) The after-flame time of the specimen shall be recorded to the 
nearest 0.2-second and the char length to the nearest 0.1-inch (.3 cm).
    E. Report. (i) The after-flame time and char length of the sample 
unit shall be the average of the results obtained from the individual 
specimens tested. All values obtained from the individual specimens 
shall be recorded.
    (ii) The after-flame time shall be reported to the nearest 0.2-
second and the char length to the nearest 0.1-inch (.3 cm).
    F. Source. These test requirements are contained in ``Federal Test 
Method Standard 191, Method 5903 (1971)'' and are reproduced for your 
convenience.

[[Page 541]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.032


[[Page 542]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.033


[[Page 543]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.034


[[Page 544]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.035


[45 FR 60715, Sept. 12, 1980; 46 FR 24557, May 1, 1981]



          Subpart M_Compressed Gas and Compressed Air Equipment

    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), or 1-90 
(55 FR 9033), as applicable.



Sec. Sec.  1910.166-1910.168  [Reserved]



Sec.  1910.169  Air receivers.

    (a) General requirements--(1) Application. This section applies to 
compressed air receivers, and other equipment used in providing and 
utilizing compressed air for performing operations such as cleaning, 
drilling, hoisting, and chipping. On the other hand, however, this 
section does not deal with the special problems created by using 
compressed air to convey materials nor the problems created when men 
work in compressed air as in tunnels and caissons. This section is not 
intended to apply to compressed air machinery and equipment used on 
transportation vehicles such as steam railroad cars, electric railway 
cars, and automotive equipment.
    (2) New and existing equipment. (i) All new air receivers installed 
after the effective date of these regulations shall be constructed in 
accordance with the 1968 edition of the A.S.M.E. Boiler and Pressure 
Vessel Code Section VIII, which is incorporated by reference as 
specified in Sec.  1910.6.
    (ii) All safety valves used shall be constructed, installed, and 
maintained in accordance with the A.S.M.E. Boiler and Pressure Vessel 
Code, Section VIII Edition 1968.
    (b) Installation and equipment requirements--(1) Installation. Air 
receivers shall be so installed that all drains, handholes, and manholes 
therein are

[[Page 545]]

easily accessible. Under no circumstances shall an air receiver be 
buried underground or located in an inaccessible place.
    (2) Drains and traps. A drain pipe and valve shall be installed at 
the lowest point of every air receiver to provide for the removal of 
accumulated oil and water. Adequate automatic traps may be installed in 
addition to drain valves. The drain valve on the air receiver shall be 
opened and the receiver completely drained frequently and at such 
intervals as to prevent the accumulation of excessive amounts of liquid 
in the receiver.
    (3) Gages and valves. (i) Every air receiver shall be equipped with 
an indicating pressure gage (so located as to be readily visible) and 
with one or more spring-loaded safety valves. The total relieving 
capacity of such safety valves shall be such as to prevent pressure in 
the receiver from exceeding the maximum allowable working pressure of 
the receiver by more than 10 percent.
    (ii) No valve of any type shall be placed between the air receiver 
and its safety valve or valves.
    (iii) Safety appliances, such as safety valves, indicating devices 
and controlling devices, shall be constructed, located, and installed so 
that they cannot be readily rendered inoperative by any means, including 
the elements.
    (iv) All safety valves shall be tested frequently and at regular 
intervals to determine whether they are in good operating condition.

[39 FR 23502, June 27, 1974, as amended at 49 FR 5322, Feb. 10, 1984; 61 
FR 9239, Mar. 7, 1996]



                Subpart N_Materials Handling and Storage

    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 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as 
applicable; and 29 CFR part 1911.



Sec.  1910.176  Handling materials--general.

    (a) Use of mechanical equipment. Where mechanical handling equipment 
is used, sufficient safe clearances shall be allowed for aisles, at 
loading docks, through doorways and wherever turns or passage must be 
made. Aisles and passageways shall be kept clear and in good repair, 
with no obstruction across or in aisles that could create a hazard. 
Permanent aisles and passageways shall be appropriately marked.
    (b) Secure storage. Storage of material shall not create a hazard. 
Bags, containers, bundles, etc., stored in tiers shall be stacked, 
blocked, interlocked and limited in height so that they are stable and 
secure against sliding or collapse.
    (c) Housekeeping. Storage areas shall be kept free from accumulation 
of materials that constitute hazards from tripping, fire, explosion, or 
pest harborage. Vegetation control will be exercised when necessary.
    (d) [Reserved]
    (e) Clearance limits. Clearance signs to warn of clearance limits 
shall be provided.
    (f) Rolling railroad cars. Derail and/or bumper blocks shall be 
provided on spur railroad tracks where a rolling car could contact other 
cars being worked, enter a building, work or traffic area.
    (g) Guarding. Covers and/or guardrails shall be provided to protect 
personnel from the hazards of open pits, tanks, vats, ditches, etc.

[39 FR 23052, June 27, 1974, as amended at 43 FR 49749, Oct. 24, 1978]



Sec.  1910.177  Servicing multi-piece and single piece rim wheels.

    (a) Scope. (1) This section applies to the servicing of multi-piece 
and single piece rim wheels used on large vehicles such as trucks, 
tractors, trailers, buses and off-road machines. It does not apply to 
the servicing of rim wheels used on automobiles, or on pickup trucks and 
vans utilizing automobile tires or truck tires designated ``LT''.
    (2) This section does not apply to employers and places of 
employment regulated under the Longshoring Standards, 29 CFR part 1918; 
Construction Safety Standards, 29 CFR part 1926; or Agriculture 
Standards, 29 CFR part 1928.
    (3) All provisions of this section apply to the servicing of both 
single piece rim wheels and multi-piece rim wheels unless designated 
otherwise.

[[Page 546]]

    (b) Definitions. Barrier means a fence, wall or other structure or 
object placed between a single piece rim wheel and an employee during 
tire inflation, to contain the rim wheel components in the event of the 
sudden release of the contained air of the single piece rim wheel.
    Charts means the U.S. Department of Labor, Occupational Safety and 
Health Administration publications entitled ``Demounting and Mounting 
Procedures for Tube-Type Truck and Bus Tires,'' ``Demounting and 
Mounting Procedures for Tubeless Truck and Bus Tires,'' and ``Multi-
Piece Rim Matching Chart.'' These charts may be in manual or poster 
form. OSHA also will accept any other manual or poster that provides at 
least the same instructions, safety precautions, and other information 
contained in these publications, which is applicable to the types of 
wheels the employer is servicing.
    Installing a rim wheel means the transfer and attachment of an 
assembled rim wheel onto a vehicle axle hub. Removing means the opposite 
of installing.
    Mounting a tire means the assembly or putting together of the wheel 
and tire components to form a rim wheel, including inflation. Demounting 
means the opposite of mounting.
    Multi-piece rim wheel means the assemblage of a multi-piece wheel 
with the tire tube and other components.
    Multi-piece wheel means a vehicle wheel consisting of two or more 
parts, one of which is a side or locking ring designed to hold the tire 
on the wheel by interlocking components when the tire is inflated.
    Restraining device means an apparatus such as a cage, rack, 
assemblage of bars and other components that will constrain all rim 
wheel components during an explosive separation of a multi-piece rim 
wheel, or during the sudden release of the contained air of a single 
piece rim wheel.
    Rim manual means a publication containing instructions from the 
manufacturer or other qualified organization for correct mounting, 
demounting, maintenance, and safety precautions peculiar to the type of 
wheel being serviced.
    Rim wheel means an assemblage of tire, tube and liner (where 
appropriate), and wheel components.
    Service or servicing means the mounting and demounting of rim 
wheels, and related activities such as inflating, deflating, installing, 
removing, and handling.
    Service area means that part of an employer's premises used for the 
servicing of rim wheels, or any other place where an employee services 
rim wheels.
    Single piece rim wheel means the assemblage of single piece rim 
wheel with the tire and other components.
    Single piece wheel means a vehicle wheel consisting of one part, 
designed to hold the tire on the wheel when the tire is inflated.
    Trajectory means any potential path or route that a rim wheel 
component may travel during an explosive separation, or the sudden 
release of the pressurized air, or an area at which an airblast from a 
single piece rim wheel may be released. The trajectory may deviate from 
paths which are perpendicular to the assembled position of the rim wheel 
at the time of separation or explosion. (See appendix A for examples of 
trajectories.)
    Wheel means that portion of a rim wheel which provides the method of 
attachment of the assembly to the axle of a vehicle and also provides 
the means to contain the inflated portion of the assembly (i.e., the 
tire and/or tube).
    (c) Employee training. (1) The employer shall provide a program to 
train all employees who service rim wheels in the hazards involved in 
servicing those rim wheels and the safety procedures to be followed.
    (i) The employer shall assure that no employee services any rim 
wheel unless the employee has been trained and instructed in correct 
procedures of servicing the type of wheel being serviced, and in the 
safe operating procedures described in paragraphs (f) and (g) of this 
section.
    (ii) Information to be used in the training program shall include, 
at a minimum, the applicable data contained in the charts (rim manuals) 
and the contents of this standard.

[[Page 547]]

    (iii) Where an employer knows or has reason to believe that any of 
his employees is unable to read and understand the charts or rim manual, 
the employer shall assure that the employee is instructed concerning the 
contents of the charts and rim manual in a manner which the employee is 
able to understand.
    (2) The employer shall assure that each employee demonstrates and 
maintains the ability to service rim wheels safely, including 
performance of the following tasks:
    (i) Demounting of tires (including deflation);
    (ii) Inspection and identification of the rim wheel components;
    (iii) Mounting of tires (including inflation with a restraining 
device or other safeguard required by this section);
    (iv) Use of the restraining device or barrier, and other equipment 
required by this section;
    (v) Handling of rim wheels;
    (vi) Inflation of the tire when a single piece rim wheel is mounted 
on a vehicle;
    (vii) An understanding of the necessity of standing outside the 
trajectory both during inflation of the tire and during inspection of 
the rim wheel following inflation; and
    (viii) Installation and removal of rim wheels.
    (3) The employer shall evaluate each employee's ability to perform 
these tasks and to service rim wheels safely, and shall provide 
additional training as necessary to assure that each employee maintains 
his or her proficiency.
    (d) Tire servicing equipment. (1) The employer shall furnish a 
restraining device for inflating tires on multi-piece wheels.
    (2) The employer shall provide a restraining device or barrier for 
inflating tires on single piece wheels unless the rim wheel will be 
bolted onto a vehicle during inflation.
    (3) Restraining devices and barriers shall comply with the following 
requirements:
    (i) Each restraining device or barrier shall have the capacity to 
withstand the maximum force that would be transferred to it during a rim 
wheel separation occurring at 150 percent of the maximum tire 
specification pressure for the type of rim wheel being serviced.
    (ii) Restraining devices and barriers shall be capable of preventing 
the rim wheel components from being thrown outside or beyond the device 
or barrier for any rim wheel positioned within or behind the device;
    (iii) Restraining devices and barriers shall be visually inspected 
prior to each day's use and after any separation of the rim wheel 
components or sudden release of contained air. Any restraining device or 
barrier exhibiting damage such as the following defects shall be 
immediately removed from service:
    (A) Cracks at welds;
    (B) Cracked or broken components;
    (C) Bent or sprung components caused by mishandling, abuse, tire 
explosion or rim wheel separation;
    (D) Pitting of components due to corrosion; or
    (E) Other structural damage which would decrease its effectiveness.
    (iv) Restraining devices or barriers removed from service shall not 
be returned to service until they are repaired and reinspected. 
Restraining devices or barriers requiring structural repair such as 
component replacement or rewelding shall not be returned to service 
until they are certified by either the manufacturer or a Registered 
Professional Engineer as meeting the strength requirements of paragraph 
(d)(3)(i) of this section.
    (4) The employer shall furnish and assure that an air line assembly 
consisting of the following components be used for inflating tires:
    (i) A clip-on chuck;
    (ii) An in-line valve with a pressure gauge or a presettable 
regulator; and
    (iii) A sufficient length of hose between the clip-on chuck and the 
in-line valve (if one is used) to allow the employee to stand outside 
the trajectory.
    (5) Current charts or rim manuals containing instructions for the 
type of wheels being serviced shall be available in the service area.
    (6) The employer shall furnish and assure that only tools 
recommended in the rim manual for the type of wheel being serviced are 
used to service rim wheels.

[[Page 548]]

    (e) Wheel component acceptability. (1) Multi-piece wheel components 
shall not be interchanged except as provided in the charts or in the 
applicable rim manual.
    (2) Multi-piece wheel components and single piece wheels shall be 
inspected prior to assembly. Any wheel or wheel component which is bent 
out of shape, pitted from corrosion, broken, or cracked shall not be 
used and shall be marked or tagged unserviceable and removed from the 
service area. Damaged or leaky valves shall be replaced.
    (3) Rim flanges, rim gutters, rings, bead seating surfaces and the 
bead areas of tires shall be free of any dirt, surface rust, scale or 
loose or flaked rubber build-up prior to mounting and inflation.
    (4) The size (bead diameter and tire/wheel widths) and type of both 
the tire and the wheel shall be checked for compatibility prior to 
assembly of the rim wheel.
    (f) Safe operating procedure--multi-piece rim wheels. The employer 
shall establish a safe operating procedure for servicing multi-piece rim 
wheels and shall assure that employees are instructed in and follow that 
procedure. The procedure shall include at least the following elements:
    (1) Tires shall be completely deflated before demounting by removal 
of the valve core.
    (2) Tires shall be completely deflated by removing the valve core 
before a rim wheel is removed from the axle in either of the following 
situations:
    (i) When the tire has been driven underinflated at 80% or less of 
its recommended pressure, or
    (ii) When there is obvious or suspected damage to the tire or wheel 
components.
    (3) Rubber lubricant shall be applied to bead and rim mating 
surfaces during assembly of the wheel and inflation of the tire, unless 
the tire or wheel manufacturer recommends against it.
    (4) If a tire on a vehicle is underinflated but has more than 80% of 
the recommended pressure, the tire may be inflated while the rim wheel 
is on the vehicle provided remote control inflation equipment is used, 
and no employees remain in the trajectory during inflation.
    (5) Tires shall be inflated outside a restraining device only to a 
pressure sufficient to force the tire bead onto the rim ledge and create 
an airtight seal with the tire and bead.
    (6) Whenever a rim wheel is in a restraining device the employee 
shall not rest or lean any part of his body or equipment on or against 
the restraining device.
    (7) After tire inflation, the tire and wheel components shall be 
inspected while still within the restraining device to make sure that 
they are properly seated and locked. If further adjustment to the tire 
or wheel components is necessary, the tire shall be deflated by removal 
of the valve core before the adjustment is made.
    (8) No attempt shall be made to correct the seating of side and lock 
rings by hammering, striking or forcing the components while the tire is 
pressurized.
    (9) Cracked, broken, bent or otherwise damaged rim components shall 
not be reworked, welded, brazed, or otherwise heated.
    (10) Whenever multi-piece rim wheels are being handled, employees 
shall stay out of the trajectory unless the employer can demonstrate 
that performance of the servicing makes the employee's presence in the 
trajectory necessary.
    (11) No heat shall be applied to a multi-piece wheel or wheel 
component.
    (g) Safe operating procedure--single piece rim wheels. The employer 
shall establish a safe operating procedure for servicing single piece 
rim wheels and shall assure that employees are instructed in and follow 
that procedure. The procedure shall include at least the following 
elements:
    (1) Tires shall be completely deflated by removal of the valve core 
before demounting.
    (2) Mounting and demounting of the tire shall be done only from the 
narrow ledge side of the wheel. Care shall be taken to avoid damaging 
the tire beads while mounting tires on wheels. Tires shall be mounted 
only on compatible wheels of matching bead diameter and width.
    (3) Nonflammable rubber lubricant shall be applied to bead and wheel 
mating surfaces before assembly of the rim

[[Page 549]]

wheel, unless the tire or wheel manufacturer recommends against the use 
of any rubber lubricant.
    (4) If a tire changing machine is used, the tire shall be inflated 
only to the minimum pressure necessary to force the tire bead onto the 
rim ledge while on the tire changing machine.
    (5) If a bead expander is used, it shall be removed before the valve 
core is installed and as soon as the rim wheel becomes airtight (the 
tire bead slips onto the bead seat).
    (6) Tires may be inflated only when contained within a restraining 
device, positioned behind a barrier or bolted on the vehicle with the 
lug nuts fully tightened.
    (7) Tires shall not be inflated when any flat, solid surface is in 
the trajectory and within one foot of the sidewall.
    (8) Employees shall stay out of the trajectory when inflating a 
tire.
    (9) Tires shall not be inflated to more than the inflation pressure 
stamped in the sidewall unless a higher pressure is recommended by the 
manufacturer.
    (10) Tires shall not be inflated above the maximum pressure 
recommended by the manufacturer to seat the tire bead firmly against the 
rim flange.
    (11) No heat shall be applied to a single piece wheel.
    (12) Cracked, broken, bent, or otherwise damaged wheels shall not be 
reworked, welded, brazed, or otherwise heated.

[[Page 550]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.036

 Appendix B to Sec.  1910.177--Ordering Information for the OSHA Charts

    The information on the OSHA charts is available on three posters, or 
in a manual containing the three charts, entitled ``Demounting and 
Mounting Procedures for Tubeless Truck and Bus Tires,'' ``Demounting and 
Mounting Procedures for Tube-Type

[[Page 551]]

Truck and Bus Tires,'' and ``Multi-piece Rim Matching Chart.'' 
Interested parties can download and print both the manuals and posters 
from OSHA's Web site at http://www.osha.gov/publications (and type 
``tire chart'' in the search field). However, when used by the employer 
at a worksite to provide information to employees, the printed posters 
must be, at a minimum, 2 feet wide and 3 feet long. Copies of the manual 
also are available from the Occupational Safety and Health 
Administration (OSHA Office of Publications, Room N-3101, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone: (202) 693-1888; or fax: (202) 693-2498).

[49 FR 4350, Feb. 3, 1984, as amended at 52 FR 36026, Sept. 25, 1987; 53 
FR 34737, Sept. 8, 1988; 61 FR 9239, Mar. 7, 1996; 76 FR 24698, May 2, 
2011; 76 FR 80739, Dec. 27, 2011]



Sec.  1910.178  Powered industrial trucks.

    (a) General requirements. (1) This section contains safety 
requirements relating to fire protection, design, maintenance, and use 
of fork trucks, tractors, platform lift trucks, motorized hand trucks, 
and other specialized industrial trucks powered by electric motors or 
internal combustion engines. This section does not apply to compressed 
air or nonflammable compressed gas-operated industrial trucks, nor to 
farm vehicles, nor to vehicles intended primarily for earth moving or 
over-the-road hauling.
    (2) All new powered industrial trucks acquired and used by an 
employer shall meet the design and construction requirements for powered 
industrial trucks established in the ``American National Standard for 
Powered Industrial Trucks, Part II, ANSI B56.1-1969'', which is 
incorporated by reference as specified in Sec.  1910.6, except for 
vehicles intended primarily for earth moving or over-the-road hauling.
    (3) Approved trucks shall bear a label or some other identifying 
mark indicating approval by the testing laboratory. See paragraph (a)(7) 
of this section and paragraph 405 of ``American National Standard for 
Powered Industrial Trucks, Part II, ANSI B56.1-1969'', which is 
incorporated by reference in paragraph (a)(2) of this section and which 
provides that if the powered industrial truck is accepted by a 
nationally recognized testing laboratory it should be so marked.
    (4) Modifications and additions which affect capacity and safe 
operation shall not be performed by the customer or user without 
manufacturers prior written approval. Capacity, operation, and 
maintenance instruction plates, tags, or decals shall be changed 
accordingly.
    (5) If the truck is equipped with front-end attachments other than 
factory installed attachments, the user shall request that the truck be 
marked to identify the attachments and show the approximate weight of 
the truck and attachment combination at maximum elevation with load 
laterally centered.
    (6) The user shall see that all nameplates and markings are in place 
and are maintained in a legible condition.
    (7) As used in this section, the term, approved truck or approved 
industrial truck means a truck that is listed or approved for fire 
safety purposes for the intended use by a nationally recognized testing 
laboratory, using nationally recognized testing standards. Refer to 
Sec.  1910.155(c)(3)(iv)(A) for definition of listed, and to Sec.  
1910.7 for definition of nationally recognized testing laboratory.
    (b) Designations. For the purpose of this standard there are eleven 
different designations of industrial trucks or tractors as follows: D, 
DS, DY, E, ES, EE, EX, G, GS, LP, and LPS.
    (1) The D designated units are units similar to the G units except 
that they are diesel engine powered instead of gasoline engine powered.
    (2) The DS designated units are diesel powered units that are 
provided with additional safeguards to the exhaust, fuel and electrical 
systems. They may be used in some locations where a D unit may not be 
considered suitable.
    (3) The DY designated units are diesel powered units that have all 
the safeguards of the DS units and in addition do not have any 
electrical equipment including the ignition and are equipped with 
temperature limitation features.
    (4) The E designated units are electrically powered units that have 
minimum acceptable safeguards against inherent fire hazards.
    (5) The ES designated units are electrically powered units that, in 
addition to all of the requirements for the E

[[Page 552]]

units, are provided with additional safeguards to the electrical system 
to prevent emission of hazardous sparks and to limit surface 
temperatures. They may be used in some locations where the use of an E 
unit may not be considered suitable.
    (6) The EE designated units are electrically powered units that 
have, in addition to all of the requirements for the E and ES units, the 
electric motors and all other electrical equipment completely enclosed. 
In certain locations the EE unit may be used where the use of an E and 
ES unit may not be considered suitable.
    (7) The EX designated units are electrically powered units that 
differ from the E, ES, or EE units in that the electrical fittings and 
equipment are so designed, constructed and assembled that the units may 
be used in certain atmospheres containing flammable vapors or dusts.
    (8) The G designated units are gasoline powered units having minimum 
acceptable safeguards against inherent fire hazards.
    (9) The GS designated units are gasoline powered units that are 
provided with additional safeguards to the exhaust, fuel, and electrical 
systems. They may be used in some locations where the use of a G unit 
may not be considered suitable.
    (10) The LP designated unit is similar to the G unit except that 
liquefied petroleum gas is used for fuel instead of gasoline.
    (11) The LPS designated units are liquefied petroleum gas powered 
units that are provided with additional safeguards to the exhaust, fuel, 
and electrical systems. They may be used in some locations where the use 
of an LP unit may not be considered suitable.
    (12) The atmosphere or location shall have been classified as to 
whether it is hazardous or nonhazardous prior to the consideration of 
industrial trucks being used therein and the type of industrial truck 
required shall be as provided in paragraph (d) of this section for such 
location.
    (c) Designated locations. (1) The industrial trucks specified under 
subparagraph (2) of this paragraph are the minimum types required but 
industrial trucks having greater safeguards may be used if desired.
    (2) For specific areas of use, see Table N-1 which tabulates the 
information contained in this section. References are to the 
corresponding classification as used in subpart S of this part.
    (i) Power-operated industrial trucks shall not be used in 
atmospheres containing hazardous concentration of acetylene, butadiene, 
ethylene oxide, hydrogen (or gases or vapors equivalent in hazard to 
hydrogen, such as manufactured gas), propylene oxide, acetaldehyde, 
cyclopropane, diethyl ether, ethylene, isoprene, or unsymmetrical 
dimethyl hydrazine (UDMH).
    (ii)(a) Power-operated industrial trucks shall not be used in 
atmospheres containing hazardous concentrations of metal dust, including 
aluminum, magnesium, and their commercial alloys, other metals of 
similarly hazardous characteristics, or in atmospheres containing carbon 
black, coal or coke dust except approved power-operated industrial 
trucks designated as EX may be used in such atmospheres.
    (b) In atmospheres where dust of magnesium, aluminum or aluminum 
bronze may be present, fuses, switches, motor controllers, and circuit 
breakers of trucks shall have enclosures specifically approved for such 
locations.
    (iii) Only approved power-operated industrial trucks designated as 
EX may be used in atmospheres containing acetone, acrylonitrile, 
alcohol, ammonia, benzine, benzol, butane, ethylene dichloride, 
gasoline, hexane, lacquer solvent vapors, naphtha, natural gas, propane, 
propylene, styrene, vinyl acetate, vinyl chloride, or xylenes in 
quantities sufficient to produce explosive or ignitable mixtures and 
where such concentrations of these gases or vapors exist continuously, 
intermittently or periodically under normal operating conditions or may 
exist frequently because of repair, maintenance operations, leakage, 
breakdown or faulty operation of equipment.
    (iv) Power-operated industrial trucks designated as DY, EE, or EX 
may be used in locations where volatile flammable liquids or flammable 
gases are handled, processed or used, but in which the hazardous 
liquids, vapors or

[[Page 553]]

gases will normally be confined within closed containers or closed 
systems from which they can escape only in case of accidental rupture or 
breakdown of such containers or systems, or in the case of abnormal 
operation of equipment; also in locations in which hazardous 
concentrations of gases or vapors are normally prevented by positive 
mechanical ventilation but which might become hazardous through failure 
or abnormal operation of the ventilating equipment; or in locations 
which are adjacent to Class I, Division 1 locations, and to which 
hazardous concentrations of gases or vapors might occasionally be 
communicated unless such communication is prevented by adequate 
positive-pressure ventilation from a source of clear air, and effective 
safeguards against ventilation failure are provided.

[[Page 554]]



                                                            Table N-1--Summary Table on Use of Industrial Trucks in Various Locations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
           Classes                      Unclassified                             Class I locations                                    Class II locations                    Class III locations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Description of classes......  Locations not possessing          Locations in which flammable gases or vapors are,    Locations which are hazardous because of the         Locations where easily
                               atmospheres as described in       or may be, present in the air in quantities          presence of combustible dust.                        ignitible fibers or
                               other columns.                    sufficient to produce explosive or ignitible                                                              flyings are present
                                                                 mixtures.                                                                                                 but not likely to be
                                                                                                                                                                           in suspension in
                                                                                                                                                                           quantities sufficient
                                                                                                                                                                           to produce ignitible
                                                                                                                                                                           mixtures.


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   Groups in classes                None                    A               B               C               D               E               F                    G                    None
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Examples of locations    Piers and wharves inside    Acetylene       Hydrogen        Ethyl ether     Gasoline        Metal dust      Carbon black    Grain dust, flour dust,   Baled waste,
 or atmospheres in        and outside general                                                        Naphtha                          coal dust,      starch dust, organic      cocoa fiber,
 classes and groups.      storage, general                                                           Alcohols                         coke dust       dust                      cotton,
                          industrial or commercial                                                   Acetone                                                                    excelsior, hemp,
                          properties.                                                                Lacquer                                                                    istle, jute,
                                                                                                      solvent                                                                   kapok, oakum,
                                                                                                     Benzene                                                                    sisal, Spanish
                                                                                                                                                                                moss, synthetic
                                                                                                                                                                                fibers, tow.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                  Table N-1--Summary Table on Use of Industrial Trucks in Various Locations--Continued
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             1                   2                   1                   2                  1                  2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Divisions (nature    None           Above condition     Above condition     Explosive mixture   Explosive mixture   Locations in       Locations in
 of hazardous                        exists              may occur           may be present      not normally        which easily       which easily
 conditions)                         continuously,       accidentally as     under normal        present, but        ignitible fibers   ignitible fibers
                                     intermittently,     due to a puncture   operating           where deposits of   or materials       are stored or
                                     or periodically     of a storage drum.  conditions, or      dust may cause      producing          handled (except
                                     under normal                            where failure of    heat rise in        combustible        in the process
                                     operating                               equipment may       electrical          flyings are        of manufacture).
                                     conditions.                             cause the           equipment, or       handled,
                                                                             condition to        where such          manufactured, or
                                                                             exist               deposits may be     used.
                                                                             simultaneously      ignited by arcs
                                                                             with arcing or      or sparks from
                                                                             sparking of         electrical
                                                                             electrical          equipment.
                                                                             equipment, or
                                                                             where dusts of an
                                                                             electrically
                                                                             conducting nature
                                                                             may be present.


----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              Authorized uses of trucks by types in groups of classes and divisions
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
       Groups in classes               None                A                  B                  C                  D                  A                  B                  C                  D                  E                  F                  G                  E                  F                  G                 None              None
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Type of truck authorized:
  Diesel:
    Type D....................  D**..............  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  ................
    Type DS...................  .................  .................  .................  .................  .................  .................  .................  .................  DS...............  .................  .................  .................  .................  .................  DS...............  .................  DS
    Type DY...................  .................  .................  .................  .................  .................  .................  .................  .................  DY...............  .................  .................  .................  .................  .................  DY...............  DY...............  DY

[[Page 555]]

 
  Electric:
    Type E....................  E**..............  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  E
    Type ES...................  .................  .................  .................  .................  .................  .................  .................  .................  ES...............  .................  .................  .................  .................  .................  ES...............  .................  ES
    Type EE...................  .................  .................  .................  .................  .................  .................  .................  .................  EE...............  .................  .................  .................  .................  .................  EE...............  EE...............  EE
    Type EX...................  .................  .................  .................  .................  EX...............  .................  .................  .................  EX...............  .................  EX...............  EX...............  .................  .................  EX...............  EX...............  EX
  Gasoline:
    Type G....................  G**..............  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  ................
    Type GS...................  .................  .................  .................  .................  .................  .................  .................  .................  GS...............  .................  .................  .................  .................  .................  GS...............  .................  GS
  LP-Gas:
    Type LP...................  LP**.............  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  .................  ................
    Type LPS..................  .................  .................  .................  .................  .................  .................  .................  .................  LPS..............  .................  .................  .................  .................  .................  LPS..............  .................  LPS
Paragraph Ref. in No. 505.....       210.211                                 201                                   203                                   209                                   204                                   202                205                                   209                206               207(a)            208 (a)
                       (a)................(a),.............................................................................................................................................................................................................................................................................
                                          (b)..............................................................................................................................................................................................................................................................................
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
**Trucks conforming to these types may also be used--see subdivision (c)(2)(x) and (c)(2)(xii) of this section.


[[Page 556]]

    (v) In locations used for the storage of hazardous liquids in sealed 
containers or liquefied or compressed gases in containers, approved 
power-operated industrial trucks designated as DS, ES, GS, or LPS may be 
used. This classification includes locations where volatile flammable 
liquids or flammable gases or vapors are used, but which, would become 
hazardous only in case of an accident or of some unusual operating 
condition. The quantity of hazardous material that might escape in case 
of accident, the adequacy of ventilating equipment, the total area 
involved, and the record of the industry or business with respect to 
explosions or fires are all factors that should receive consideration in 
determining whether or not the DS or DY, ES, EE, GS, LPS designated 
truck possesses sufficient safeguards for the location. Piping without 
valves, checks, meters and similar devices would not ordinarily be 
deemed to introduce a hazardous condition even though used for hazardous 
liquids or gases. Locations used for the storage of hazardous liquids or 
of liquified or compressed gases in sealed containers would not normally 
be considered hazardous unless subject to other hazardous conditions 
also.
    (vi)(a) Only approved power operated industrial trucks designated as 
EX shall be used in atmospheres in which combustible dust is or may be 
in suspension continuously, intermittently, or periodically under normal 
operating conditions, in quantities sufficient to produce explosive or 
ignitable mixtures, or where mechanical failure or abnormal operation of 
machinery or equipment might cause such mixtures to be produced.
    (b) The EX classification usually includes the working areas of 
grain handling and storage plants, room containing grinders or 
pulverizers, cleaners, graders, scalpers, open conveyors or spouts, open 
bins or hoppers, mixers, or blenders, automatic or hopper scales, 
packing machinery, elevator heads and boots, stock distributors, dust 
and stock collectors (except all-metal collectors vented to the 
outside), and all similar dust producing machinery and equipment in 
grain processing plants, starch plants, sugar pulverizing plants, 
malting plants, hay grinding plants, and other occupancies of similar 
nature; coal pulverizing plants (except where the pulverizing equipment 
is essentially dust tight); all working areas where metal dusts and 
powders are produced, processed, handled, packed, or stored (except in 
tight containers); and other similar locations where combustible dust 
may, under normal operating conditions, be present in the air in 
quantities sufficient to produce explosive or ignitable mixtures.
    (vii) Only approved power-operated industrial trucks designated as 
DY, EE, or EX shall be used in atmospheres in which combustible dust 
will not normally be in suspension in the air or will not be likely to 
be thrown into suspension by the normal operation of equipment or 
apparatus in quantities sufficient to produce explosive or ignitable 
mixtures but where deposits or accumulations of such dust may be ignited 
by arcs or sparks originating in the truck.
    (viii) Only approved power-operated industrial trucks designated as 
DY, EE, or EX shall be used in locations which are hazardous because of 
the presence of easily ignitable fibers or flyings but in which such 
fibers or flyings are not likely to be in suspension in the air in 
quantities sufficient to produce ignitable mixtures.
    (ix) Only approved power-operated industrial trucks designated as 
DS, DY, ES, EE, EX, GS, or LPS shall be used in locations where easily 
ignitable fibers are stored or handled, including outside storage, but 
are not being processed or manufactured. Industrial trucks designated as 
E, which have been previously used in these locations may be continued 
in use.
    (x) On piers and wharves handling general cargo, any approved power-
operated industrial truck designated as Type D, E, G, or LP may be used, 
or trucks which conform to the requirements for these types may be used.
    (xi) If storage warehouses and outside storage locations are 
hazardous only the approved power-operated industrial truck specified 
for such locations in this paragraph (c)(2) shall be used. If not 
classified as hazardous, any approved power-operated industrial truck

[[Page 557]]

designated as Type D, E, G, or LP may be used, or trucks which conform 
to the requirements for these types may be used.
    (xii) If general industrial or commercial properties are hazardous, 
only approved power-operated industrial trucks specified for such 
locations in this paragraph (c)(2) shall be used. If not classified as 
hazardous, any approved power-operated industrial truck designated as 
Type D, E, G, or LP may be used, or trucks which conform to the 
requirements of these types may be used.
    (d) Converted industrial trucks. Power-operated industrial trucks 
that have been originally approved for the use of gasoline for fuel, 
when converted to the use of liquefied petroleum gas fuel in accordance 
with paragraph (q) of this section, may be used in those locations where 
G, GS or LP, and LPS designated trucks have been specified in the 
preceding paragraphs.
    (e) Safety guards. (1) High Lift Rider trucks shall be fitted with 
an overhead guard manufactured in accordance with paragraph (a)(2) of 
this section, unless operating conditions do not permit.
    (2) If the type of load presents a hazard, the user shall equip fork 
trucks with a vertical load backrest extension manufactured in 
accordance with paragraph (a)(2) of this section.
    (f) Fuel handling and storage. (1) The storage and handling of 
liquid fuels such as gasoline and diesel fuel shall be in accordance 
with NFPA Flammable and Combustible Liquids Code (NFPA No. 30-1969), 
which is incorporated by reference as specified in Sec.  1910.6.
    (2) The storage and handling of liquefied petroleum gas fuel shall 
be in accordance with NFPA Storage and Handling of Liquefied Petroleum 
Gases (NFPA No. 58-1969), which is incorporated by reference as 
specified in Sec.  1910.6.
    (g) Changing and charging storage batteries. (1) Battery charging 
installations shall be located in areas designated for that purpose.
    (2) Facilities shall be provided for flushing and neutralizing 
spilled electrolyte, for fire protection, for protecting charging 
apparatus from damage by trucks, and for adequate ventilation for 
dispersal of fumes from gassing batteries.
    (3) [Reserved]
    (4) A conveyor, overhead hoist, or equivalent material handling 
equipment shall be provided for handling batteries.
    (5) Reinstalled batteries shall be properly positioned and secured 
in the truck.
    (6) A carboy tilter or siphon shall be provided for handling 
electrolyte.
    (7) When charging batteries, acid shall be poured into water; water 
shall not be poured into acid.
    (8) Trucks shall be properly positioned and brake applied before 
attempting to change or charge batteries.
    (9) Care shall be taken to assure that vent caps are functioning. 
The battery (or compartment) cover(s) shall be open to dissipate heat.
    (10) Smoking shall be prohibited in the charging area.
    (11) Precautions shall be taken to prevent open flames, sparks, or 
electric arcs in battery charging areas.
    (12) Tools and other metallic objects shall be kept away from the 
top of uncovered batteries.
    (h) Lighting for operating areas. (1) [Reserved]
    (2) Where general lighting is less than 2 lumens per square foot, 
auxiliary directional lighting shall be provided on the truck.
    (i) Control of noxious gases and fumes. (1) Concentration levels of 
carbon monoxide gas created by powered industrial truck operations shall 
not exceed the levels specified in Sec.  1910.1000.
    (j) Dockboards (bridge plates). See subpart D of this part.
    (k) Trucks and railroad cars. (1) The brakes of highway trucks shall 
be set and wheel chocks placed under the rear wheels to prevent the 
trucks from rolling while they are boarded with powered industrial 
trucks.
    (2) Wheel stops or other recognized positive protection shall be 
provided to prevent railroad cars from moving during loading or 
unloading operations.
    (3) Fixed jacks may be necessary to support a semitrailer and 
prevent upending during the loading or unloading when the trailer is not 
coupled to a tractor.

[[Page 558]]

    (4) Positive protection shall be provided to prevent railroad cars 
from being moved while dockboards or bridge plates are in position.
    (l) Operator training. (1) Safe operation. (i) The employer shall 
ensure that each powered industrial truck operator is competent to 
operate a powered industrial truck safely, as demonstrated by the 
successful completion of the training and evaluation specified in this 
paragraph (l).
    (ii) Prior to permitting an employee to operate a powered industrial 
truck (except for training purposes), the employer shall ensure that 
each operator has successfully completed the training required by this 
paragraph (l), except as permitted by paragraph (l)(5).
    (2) Training program implementation. (i) Trainees may operate a 
powered industrial truck only:
    (A) Under the direct supervision of persons who have the knowledge, 
training, and experience to train operators and evaluate their 
competence; and
    (B) Where such operation does not endanger the trainee or other 
employees.
    (ii) Training shall consist of a combination of formal instruction 
(e.g., lecture, discussion, interactive computer learning, video tape, 
written material), practical training (demonstrations performed by the 
trainer and practical exercises performed by the trainee), and 
evaluation of the operator's performance in the workplace.
    (iii) All operator training and evaluation shall be conducted by 
persons who have the knowledge, training, and experience to train 
powered industrial truck operators and evaluate their competence.
    (3) Training program content. Powered industrial truck operators 
shall receive initial training in the following topics, except in topics 
which the employer can demonstrate are not applicable to safe operation 
of the truck in the employer's workplace.
    (i) Truck-related topics:
    (A) Operating instructions, warnings, and precautions for the types 
of truck the operator will be authorized to operate;
    (B) Differences between the truck and the automobile;
    (C) Truck controls and instrumentation: where they are located, what 
they do, and how they work;
    (D) Engine or motor operation;
    (E) Steering and maneuvering;
    (F) Visibility (including restrictions due to loading);
    (G) Fork and attachment adaptation, operation, and use limitations;
    (H) Vehicle capacity;
    (I) Vehicle stability;
    (J) Any vehicle inspection and maintenance that the operator will be 
required to perform;
    (K) Refueling and/or charging and recharging of batteries;
    (L) Operating limitations;
    (M) Any other operating instructions, warnings, or precautions 
listed in the operator's manual for the types of vehicle that the 
employee is being trained to operate.
    (ii) Workplace-related topics:
    (A) Surface conditions where the vehicle will be operated;
    (B) Composition of loads to be carried and load stability;
    (C) Load manipulation, stacking, and unstacking;
    (D) Pedestrian traffic in areas where the vehicle will be operated;
    (E) Narrow aisles and other restricted places where the vehicle will 
be operated;
    (F) Hazardous (classified) locations where the vehicle will be 
operated;
    (G) Ramps and other sloped surfaces that could affect the vehicle's 
stability;
    (H) Closed environments and other areas where insufficient 
ventilation or poor vehicle maintenance could cause a buildup of carbon 
monoxide or diesel exhaust;
    (I) Other unique or potentially hazardous environmental conditions 
in the workplace that could affect safe operation.
    (iii) The requirements of this section.
    (4) Refresher training and evaluation. (i) Refresher training, 
including an evaluation of the effectiveness of that training, shall be 
conducted as required by paragraph (l)(4)(ii) to ensure that the 
operator has the knowledge and skills needed to operate the powered 
industrial truck safely.

[[Page 559]]

    (ii) Refresher training in relevant topics shall be provided to the 
operator when:
    (A) The operator has been observed to operate the vehicle in an 
unsafe manner;
    (B) The operator has been involved in an accident or near-miss 
incident;
    (C) The operator has received an evaluation that reveals that the 
operator is not operating the truck safely;
    (D) The operator is assigned to drive a different type of truck; or
    (E) A condition in the workplace changes in a manner that could 
affect safe operation of the truck.
    (iii) An evaluation of each powered industrial truck operator's 
performance shall be conducted at least once every three years.
    (5) Avoidance of duplicative training. If an operator has previously 
received training in a topic specified in paragraph (l)(3) of this 
section, and such training is appropriate to the truck and working 
conditions encountered, additional training in that topic is not 
required if the operator has been evaluated and found competent to 
operate the truck safely.
    (6) Certification. The employer shall certify that each operator has 
been trained and evaluated as required by this paragraph (l). The 
certification shall include the name of the operator, the date of the 
training, the date of the evaluation, and the identity of the person(s) 
performing the training or evaluation.
    (7) Dates. The employer shall ensure that operators of powered 
industrial trucks are trained, as appropriate, by the dates shown in the 
following table.

------------------------------------------------------------------------
                                             The initial training and
       If the employee was hired:          evaluation of that employee
                                                must be completed:
------------------------------------------------------------------------
Before December 1, 1999................  By December 1, 1999.
After December 1, 1999.................  Before the employee is assigned
                                          to operate a powered
                                          industrial truck.
------------------------------------------------------------------------

    (8) Appendix A to this section provides non-mandatory guidance to 
assist employers in implementing this paragraph (l). This appendix does 
not add to, alter, or reduce the requirements of this section.
    (m) Truck operations. (1) Trucks shall not be driven up to anyone 
standing in front of a bench or other fixed object.
    (2) No person shall be allowed to stand or pass under the elevated 
portion of any truck, whether loaded or empty.
    (3) Unauthorized personnel shall not be permitted to ride on powered 
industrial trucks. A safe place to ride shall be provided where riding 
of trucks is authorized.
    (4) The employer shall prohibit arms or legs from being placed 
between the uprights of the mast or outside the running lines of the 
truck.
    (5)(i) When a powered industrial truck is left unattended, load 
engaging means shall be fully lowered, controls shall be neutralized, 
power shall be shut off, and brakes set. Wheels shall be blocked if the 
truck is parked on an incline.
    (ii) A powered industrial truck is unattended when the operator is 
25 ft. or more away from the vehicle which remains in his view, or 
whenever the operator leaves the vehicle and it is not in his view.
    (iii) When the operator of an industrial truck is dismounted and 
within 25 ft. of the truck still in his view, the load engaging means 
shall be fully lowered, controls neutralized, and the brakes set to 
prevent movement.
    (6) A safe distance shall be maintained from the edge of ramps or 
platforms while on any elevated dock, or platform or freight car. Trucks 
shall not be used for opening or closing freight doors.
    (7) Brakes shall be set and wheel blocks shall be in place to 
prevent movement of trucks, trailers, or railroad cars while loading or 
unloading. Fixed jacks may be necessary to support a semitrailer during 
loading or unloading when the trailer is not coupled to a tractor. The 
flooring of trucks, trailers, and railroad cars shall be checked for 
breaks and weakness before they are driven onto.
    (8) There shall be sufficient headroom under overhead installations, 
lights, pipes, sprinkler system, etc.

[[Page 560]]

    (9) An overhead guard shall be used as protection against falling 
objects. It should be noted that an overhead guard is intended to offer 
protection from the impact of small packages, boxes, bagged material, 
etc., representative of the job application, but not to withstand the 
impact of a falling capacity load.
    (10) A load backrest extension shall be used whenever necessary to 
minimize the possibility of the load or part of it from falling 
rearward.
    (11) Only approved industrial trucks shall be used in hazardous 
locations.
    (12)-(13) [Reserved]
    (14) Fire aisles, access to stairways, and fire equipment shall be 
kept clear.
    (n) Traveling. (1) All traffic regulations shall be observed, 
including authorized plant speed limits. A safe distance shall be 
maintained approximately three truck lengths from the truck ahead, and 
the truck shall be kept under control at all times.
    (2) The right of way shall be yielded to ambulances, fire trucks, or 
other vehicles in emergency situations.
    (3) Other trucks traveling in the same direction at intersections, 
blind spots, or other dangerous locations shall not be passed.
    (4) The driver shall be required to slow down and sound the horn at 
cross aisles and other locations where vision is obstructed. If the load 
being carried obstructs forward view, the driver shall be required to 
travel with the load trailing.
    (5) Railroad tracks shall be crossed diagonally wherever possible. 
Parking closer than 8 feet from the center of railroad tracks is 
prohibited.
    (6) The driver shall be required to look in the direction of, and 
keep a clear view of the path of travel.
    (7) Grades shall be ascended or descended slowly.
    (i) When ascending or descending grades in excess of 10 percent, 
loaded trucks shall be driven with the load upgrade.
    (ii) [Reserved]
    (iii) On all grades the load and load engaging means shall be tilted 
back if applicable, and raised only as far as necessary to clear the 
road surface.
    (8) Under all travel conditions the truck shall be operated at a 
speed that will permit it to be brought to a stop in a safe manner.
    (9) Stunt driving and horseplay shall not be permitted.
    (10) The driver shall be required to slow down for wet and slippery 
floors.
    (11) Dockboard or bridgeplates, shall be properly secured before 
they are driven over. Dockboard or bridgeplates shall be driven over 
carefully and slowly and their rated capacity never exceeded.
    (12) Elevators shall be approached slowly, and then entered squarely 
after the elevator car is properly leveled. Once on the elevator, the 
controls shall be neutralized, power shut off, and the brakes set.
    (13) Motorized hand trucks must enter elevator or other confined 
areas with load end forward.
    (14) Running over loose objects on the roadway surface shall be 
avoided.
    (15) While negotiating turns, speed shall be reduced to a safe level 
by means of turning the hand steering wheel in a smooth, sweeping 
motion. Except when maneuvering at a very low speed, the hand steering 
wheel shall be turned at a moderate, even rate.
    (o) Loading. (1) Only stable or safely arranged loads shall be 
handled. Caution shall be exercised when handling off-center loads which 
cannot be centered.
    (2) Only loads within the rated capacity of the truck shall be 
handled.
    (3) The long or high (including multiple-tiered) loads which may 
affect capacity shall be adjusted.
    (4) Trucks equipped with attachments shall be operated as partially 
loaded trucks when not handling a load.
    (5) A load engaging means shall be placed under the load as far as 
possible; the mast shall be carefully tilted backward to stabilize the 
load.
    (6) Extreme care shall be used when tilting the load forward or 
backward, particularly when high tiering. Tilting forward with load 
engaging means elevated shall be prohibited except to pick up a load. An 
elevated load shall not be tilted forward except when the load is in a 
deposit position over a rack or stack. When stacking or tiering, only

[[Page 561]]

enough backward tilt to stabilize the load shall be used.
    (p) Operation of the truck. (1) If at any time a powered industrial 
truck is found to be in need of repair, defective, or in any way unsafe, 
the truck shall be taken out of service until it has been restored to 
safe operating condition.
    (2) Fuel tanks shall not be filled while the engine is running. 
Spillage shall be avoided.
    (3) Spillage of oil or fuel shall be carefully washed away or 
completely evaporated and the fuel tank cap replaced before restarting 
engine.
    (4) No truck shall be operated with a leak in the fuel system until 
the leak has been corrected.
    (5) Open flames shall not be used for checking electrolyte level in 
storage batteries or gasoline level in fuel tanks.
    (q) Maintenance of industrial trucks. (1) Any power-operated 
industrial truck not in safe operating condition shall be removed from 
service. All repairs shall be made by authorized personnel.
    (2) No repairs shall be made in Class I, II, and III locations.
    (3) Those repairs to the fuel and ignition systems of industrial 
trucks which involve fire hazards shall be conducted only in locations 
designated for such repairs.
    (4) Trucks in need of repairs to the electrical system shall have 
the battery disconnected prior to such repairs.
    (5) All parts of any such industrial truck requiring replacement 
shall be replaced only by parts equivalent as to safety with those used 
in the original design.
    (6) Industrial trucks shall not be altered so that the relative 
positions of the various parts are different from what they were when 
originally received from the manufacturer, nor shall they be altered 
either by the addition of extra parts not provided by the manufacturer 
or by the elimination of any parts, except as provided in paragraph 
(q)(12) of this section. Additional counterweighting of fork trucks 
shall not be done unless approved by the truck manufacturer.
    (7) Industrial trucks shall be examined before being placed in 
service, and shall not be placed in service if the examination shows any 
condition adversely affecting the safety of the vehicle. Such 
examination shall be made at least daily.


Where industrial trucks are used on a round-the-clock basis, they shall 
be examined after each shift. Defects when found shall be immediately 
reported and corrected.
    (8) Water mufflers shall be filled daily or as frequently as is 
necessary to prevent depletion of the supply of water below 75 percent 
of the filled capacity. Vehicles with mufflers having screens or other 
parts that may become clogged shall not be operated while such screens 
or parts are clogged. Any vehicle that emits hazardous sparks or flames 
from the exhaust system shall immediately be removed from service, and 
not returned to service until the cause for the emission of such sparks 
and flames has been eliminated.
    (9) When the temperature of any part of any truck is found to be in 
excess of its normal operating temperature, thus creating a hazardous 
condition, the vehicle shall be removed from service and not returned to 
service until the cause for such overheating has been eliminated.
    (10) Industrial trucks shall be kept in a clean condition, free of 
lint, excess oil, and grease. Noncombustible agents should be used for 
cleaning trucks. Low flash point (below 100 [deg]F.) solvents shall not 
be used. High flash point (at or above 100 [deg]F.) solvents may be 
used. Precautions regarding toxicity, ventilation, and fire hazard shall 
be consonant with the agent or solvent used.
    (11) [Reserved]
    (12) Industrial trucks originally approved for the use of gasoline 
for fuel may be converted to liquefied petroleum gas fuel provided the 
complete conversion results in a truck which embodies the features 
specified for LP or LPS designated trucks. Such conversion equipment 
shall be approved. The description of the component parts of this 
conversion system and the recommended method of installation on specific 
trucks are contained in the ``Listed by Report.''

[[Page 562]]

  Appendix A to Sec.  1910.178--Stability of Powered Industrial Trucks 
        (Non-mandatory Appendix to Paragraph (l) of This Section)

    A-1. Definitions. The following definitions help to explain the 
principle of stability:
    Center of gravity is the point on an object at which all of the 
object's weight is concentrated. For symmetrical loads, the center of 
gravity is at the middle of the load.
    Counterweight is the weight that is built into the truck's basic 
structure and is used to offset the load's weight and to maximize the 
vehicle's resistance to tipping over.
    Fulcrum is the truck's axis of rotation when it tips over.
    Grade is the slope of a surface, which is usually measured as the 
number of feet of rise or fall over a hundred foot horizontal distance 
(the slope is expressed as a percent).
    Lateral stability is a truck's resistance to overturning sideways.
    Line of action is an imaginary vertical line through an object's 
center of gravity.
    Load center is the horizontal distance from the load's edge (or the 
fork's or other attachment's vertical face) to the line of action 
through the load's center of gravity.
    Longitudinal stability is the truck's resistance to overturning 
forward or rearward.
    Moment is the product of the object's weight times the distance from 
a fixed point (usually the fulcrum). In the case of a powered industrial 
truck, the distance is measured from the point at which the truck will 
tip over to the object's line of action. The distance is always measured 
perpendicular to the line of action.
    Track is the distance between the wheels on the same axle of the 
truck.
    Wheelbase is the distance between the centerline of the vehicle's 
front and rear wheels.
    A-2. General.
    A-2.1. Determining the stability of a powered industrial truck is 
simple once a few basic principles are understood. There are many 
factors that contribute to a vehicle's stability: the vehicle's 
wheelbase, track, and height; the load's weight distribution; and the 
vehicle's counterweight location (if the vehicle is so equipped).
    A-2.2. The ``stability triangle,'' used in most stability 
discussions, demonstrates stability simply.
    A-3. Basic Principles.
    A-3.1. Whether an object is stable depends on the object's moment at 
one end of a system being greater than, equal to, or smaller than the 
object's moment at the system's other end. This principle can be seen in 
the way a see-saw or teeter-totter works: that is, if the product of the 
load and distance from the fulcrum (moment) is equal to the moment at 
the device's other end, the device is balanced and it will not move. 
However, if there is a greater moment at one end of the device, the 
device will try to move downward at the end with the greater moment.
    A-3.2. The longitudinal stability of a counterbalanced powered 
industrial truck depends on the vehicle's moment and the load's moment. 
In other words, if the mathematic product of the load moment (the 
distance from the front wheels, the approximate point at which the 
vehicle would tip forward) to the load's center of gravity times the 
load's weight is less than the vehicle's moment, the system is balanced 
and will not tip forward. However, if the load's moment is greater than 
the vehicle's moment, the greater load-moment will force the truck to 
tip forward.
    A-4. The Stability Triangle.
    A-4.1. Almost all counterbalanced powered industrial trucks have a 
three-point suspension system, that is, the vehicle is supported at 
three points. This is true even if the vehicle has four wheels. The 
truck's steer axle is attached to the truck by a pivot pin in the axle's 
center. When the points are connected with imaginary lines, this three-
point support forms a triangle called the stability triangle. Figure 1 
depicts the stability triangle.

[[Page 563]]

[GRAPHIC] [TIFF OMITTED] TR01DE98.002

    A-4.2. When the vehicle's line of action, or load center, falls 
within the stability triangle, the vehicle is stable and will not tip 
over. However, when the vehicle's line of action or the vehicle/load 
combination falls outside the stability triangle, the vehicle is 
unstable and may tip over. (See Figure 2.)

[[Page 564]]

[GRAPHIC] [TIFF OMITTED] TR01DE98.003

    A-5. Longitudinal Stability.
    A-5.1. The axis of rotation when a truck tips forward is the front 
wheels' points of contact with the pavement. When a powered industrial 
truck tips forward, the truck will rotate about this line. When a truck 
is stable, the vehicle-moment must exceed the load-moment. As long as 
the vehicle-moment is equal to or exceeds the load-moment, the vehicle 
will not tip over. On the other hand, if the load moment slightly 
exceeds the vehicle-moment, the truck will begin to tip forward, thereby 
causing the rear to lose contact with the floor or ground and resulting 
in loss of steering control. If the load-moment greatly exceeds the 
vehicle moment, the truck will tip forward.
    A-5.2. To determine the maximum safe load-moment, the truck 
manufacturer normally rates the truck at a maximum load at a given 
distance from the front face of the forks. The specified distance from 
the front face of the forks to the line of action of the load is 
commonly called the load center. Because larger trucks normally handle 
loads that are physically larger, these vehicles have greater load 
centers. Trucks with a capacity of 30,000 pounds or less are normally 
rated at a given load weight at a 24-inch load center. Trucks with a 
capacity greater than 30,000 pounds are normally rated at a given load 
weight at a 36- or 48-inch load center. To safely operate the vehicle, 
the operator should always check the data plate to determine the maximum 
allowable weight at the rated load center.
    A-5.3. Although the true load-moment distance is measured from the 
front wheels, this

[[Page 565]]

distance is greater than the distance from the front face of the forks. 
Calculating the maximum allowable load-moment using the load-center 
distance always provides a lower load-moment than the truck was designed 
to handle. When handling unusual loads, such as those that are larger 
than 48 inches long (the center of gravity is greater than 24 inches) or 
that have an offset center of gravity, etc., a maximum allowable load-
moment should be calculated and used to determine whether a load can be 
safely handled. For example, if an operator is operating a 3000 pound 
capacity truck (with a 24-inch load center), the maximum allowable load-
moment is 72,000 inch-pounds (3,000 times 24). If a load is 60 inches 
long (30-inch load center), then the maximum that this load can weigh is 
2,400 pounds (72,000 divided by 30).
    A-6. Lateral Stability.
    A-6.1. The vehicle's lateral stability is determined by the line of 
action's position (a vertical line that passes through the combined 
vehicle's and load's center of gravity) relative to the stability 
triangle. When the vehicle is not loaded, the truck's center of gravity 
location is the only factor to be considered in determining the truck's 
stability. As long as the line of action of the combined vehicle's and 
load's center of gravity falls within the stability triangle, the truck 
is stable and will not tip over. However, if the line of action falls 
outside the stability triangle, the truck is not stable and may tip 
over. Refer to Figure 2.
    A-6.2. Factors that affect the vehicle's lateral stability include 
the load's placement on the truck, the height of the load above the 
surface on which the vehicle is operating, and the vehicle's degree of 
lean.
    A-7. Dynamic Stability.
    A-7.1. Up to this point, the stability of a powered industrial truck 
has been discussed without considering the dynamic forces that result 
when the vehicle and load are put into motion. The weight's transfer and 
the resultant shift in the center of gravity due to the dynamic forces 
created when the machine is moving, braking, cornering, lifting, 
tilting, and lowering loads, etc., are important stability 
considerations.
    A-7.2. When determining whether a load can be safely handled, the 
operator should exercise extra caution when handling loads that cause 
the vehicle to approach its maximum design characteristics. For example, 
if an operator must handle a maximum load, the load should be carried at 
the lowest position possible, the truck should be accelerated slowly and 
evenly, and the forks should be tilted forward cautiously. However, no 
precise rules can be formulated to cover all of these eventualities.

[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 43 
FR 49749, Oct. 24, 1978; 49 FR 5322, Feb. 10, 1984; 53 FR 12122, Apr. 
12, 1988; 55 FR 32015, Aug. 6, 1990; 61 FR 9239, Mar. 7, 1996; 63 FR 
66270, Dec. 1, 1998; 68 FR 32638, June 2, 2003; 71 FR 16672, Apr. 3, 
2006; 81 FR 83005, Nov. 18, 2016]



Sec.  1910.179  Overhead and gantry cranes.

    (a) Definitions applicable to this section. (1) A crane is a machine 
for lifting and lowering a load and moving it horizontally, with the 
hoisting mechanism an integral part of the machine. Cranes whether fixed 
or mobile are driven manually or by power.
    (2) An automatic crane is a crane which when activated operates 
through a preset cycle or cycles.
    (3) A cab-operated crane is a crane controlled by an operator in a 
cab located on the bridge or trolley.
    (4) Cantilever gantry crane means a gantry or semigantry crane in 
which the bridge girders or trusses extend transversely beyond the crane 
runway on one or both sides.
    (5) Floor-operated crane means a crane which is pendant or 
nonconductive rope controlled by an operator on the floor or an 
independent platform.
    (6) Gantry crane means a crane similar to an overhead crane except 
that the bridge for carrying the trolley or trolleys is rigidly 
supported on two or more legs running on fixed rails or other runway.
    (7) Hot metal handling crane means an overhead crane used for 
transporting or pouring molten material.
    (8) Overhead crane means a crane with a movable bridge carrying a 
movable or fixed hoisting mechanism and traveling on an overhead fixed 
runway structure.
    (9) Power-operated crane means a crane whose mechanism is driven by 
electric, air, hydraulic, or internal combustion means.
    (10) A pulpit-operated crane is a crane operated from a fixed 
operator station not attached to the crane.
    (11) A remote-operated crane is a crane controlled by an operator 
not in a pulpit or in the cab attached to the crane, by any method other 
than pendant or rope control.

[[Page 566]]

    (12) A semigantry crane is a gantry crane with one end of the bridge 
rigidly supported on one or more legs that run on a fixed rail or 
runway, the other end of the bridge being supported by a truck running 
on an elevated rail or runway.
    (13) Storage bridge crane means a gantry type crane of long span 
usually used for bulk storage of material; the bridge girders or trusses 
are rigidly or nonrigidly supported on one or more legs. It may have one 
or more fixed or hinged cantilever ends.
    (14) Wall crane means a crane having a jib with or without trolley 
and supported from a side wall or line of columns of a building. It is a 
traveling type and operates on a runway attached to the side wall or 
columns.
    (15) Appointed means assigned specific responsibilities by the 
employer or the employer's representative.
    (16) ANSI means the American National Standards Institute.
    (17) An auxiliary hoist is a supplemental hoisting unit of lighter 
capacity and usually higher speed than provided for the main hoist.
    (18) A brake is a device used for retarding or stopping motion by 
friction or power means.
    (19) A drag brake is a brake which provides retarding force without 
external control.
    (20) A holding brake is a brake that automatically prevents motion 
when power is off.
    (21) Bridge means that part of a crane consisting of girders, 
trucks, end ties, footwalks, and drive mechanism which carries the 
trolley or trolleys.
    (22) Bridge travel means the crane movement in a direction parallel 
to the crane runway.
    (23) A bumper (buffer) is an energy absorbing device for reducing 
impact when a moving crane or trolley reaches the end of its permitted 
travel; or when two moving cranes or trolleys come in contact.
    (24) The cab is the operator's compartment on a crane.
    (25) Clearance means the distance from any part of the crane to a 
point of the nearest obstruction.
    (26) Collectors current are contacting devices for collecting 
current from runway or bridge conductors.
    (27) Conductors, bridge are the electrical conductors located along 
the bridge structure of a crane to provide power to the trolley.
    (28) Conductors, runway (main) are the electrical conductors located 
along a crane runway to provide power to the crane.
    (29) The control braking means is a method of controlling crane 
motor speed when in an overhauling condition.
    (30) Countertorque means a method of control by which the power to 
the motor is reversed to develop torque in the opposite direction.
    (31) Dynamic means a method of controlling crane motor speeds when 
in the overhauling condition to provide a retarding force.
    (32) Regenerative means a form of dynamic braking in which the 
electrical energy generated is fed back into the power system.
    (33) Mechanical means a method of control by friction.
    (34) Controller, spring return means a controller which when 
released will return automatically to a neutral position.
    (35) Designated means selected or assigned by the employer or the 
employer's representative as being qualified to perform specific duties.
    (36) A drift point means a point on a travel motion controller which 
releases the brake while the motor is not energized. This allows for 
coasting before the brake is set.
    (37) The drum is the cylindrical member around which the ropes are 
wound for raising or lowering the load.
    (38) An equalizer is a device which compensates for unequal length 
or stretch of a rope.
    (39) Exposed means capable of being contacted inadvertently. Applied 
to hazardous objects not adequately guarded or isolated.
    (40) Fail-safe means a provision designed to automatically stop or 
safely control any motion in which a malfunction occurs.
    (41) Footwalk means the walkway with handrail, attached to the 
bridge or trolley for access purposes.
    (42) A hoist is an apparatus which may be a part of a crane, 
exerting a force for lifting or lowering.

[[Page 567]]

    (43) Hoist chain means the load bearing chain in a hoist.

    Note: Chain properties do not conform to those shown in ANSI B30.9-
1971, Safety Code for Slings.

    (44) Hoist motion means that motion of a crane which raises and 
lowers a load.
    (45) Load means the total superimposed weight on the load block or 
hook.
    (46) The load block is the assembly of hook or shackle, swivel, 
bearing, sheaves, pins, and frame suspended by the hoisting rope.
    (47) Magnet means an electromagnetic device carried on a crane hook 
to pick up loads magnetically.
    (48) Main hoist means the hoist mechanism provided for lifting the 
maximum rated load.
    (49) A man trolley is a trolley having an operator's cab attached 
thereto.
    (50) Rated load means the maximum load for which a crane or 
individual hoist is designed and built by the manufacturer and shown on 
the equipment nameplate(s).
    (51) Rope refers to wire rope, unless otherwise specified.
    (52) Running sheave means a sheave which rotates as the load block 
is raised or lowered.
    (53) Runway means an assembly of rails, beams, girders, brackets, 
and framework on which the crane or trolley travels.
    (54) Side pull means that portion of the hoist pull acting 
horizontally when the hoist lines are not operated vertically.
    (55) Span means the horizontal distance center to center of runway 
rails.
    (56) Standby crane means a crane which is not in regular service but 
which is used occasionally or intermittently as required.
    (57) A stop is a device to limit travel of a trolley or crane 
bridge. This device normally is attached to a fixed structure and 
normally does not have energy absorbing ability.
    (58) A switch is a device for making, breaking, or for changing the 
connections in an electric circuit.
    (59) An emergency stop switch is a manually or automatically 
operated electric switch to cut off electric power independently of the 
regular operating controls.
    (60) A limit switch is a switch which is operated by some part or 
motion of a power-driven machine or equipment to alter the electric 
circuit associated with the machine or equipment.
    (61) A main switch is a switch controlling the entire power supply 
to the crane.
    (62) A master switch is a switch which dominates the operation of 
contactors, relays, or other remotely operated devices.
    (63) The trolley is the unit which travels on the bridge rails and 
carries the hoisting mechanism.
    (64) Trolley travel means the trolley movement at right angles to 
the crane runway.
    (65) Truck means the unit consisting of a frame, wheels, bearings, 
and axles which supports the bridge girders or trolleys.
    (b) General requirements--(1) Application. This section applies to 
overhead and gantry cranes, including semigantry, cantilever gantry, 
wall cranes, storage bridge cranes, and others having the same 
fundamental characteristics. These cranes are grouped because they all 
have trolleys and similar travel characteristics.
    (2) New and existing equipment. All new overhead and gantry cranes 
constructed and installed on or after August 31, 1971, shall meet the 
design specifications of the American National Standard Safety Code for 
Overhead and Gantry Cranes, ANSI B30.2.0-1967, which is incorporated by 
reference as specified in Sec.  1910.6.
    (3) Modifications. Cranes may be modified and rerated provided such 
modifications and the supporting structure are checked thoroughly for 
the new rated load by a qualified engineer or the equipment 
manufacturer. The crane shall be tested in accordance with paragraph 
(k)(2) of this section. New rated load shall be displayed in accordance 
with subparagraph (5) of this paragraph.
    (4) Wind indicators and rail clamps. Outdoor storage bridges shall 
be provided with automatic rail clamps. A wind-indicating device shall 
be provided which will give a visible or audible alarm to the bridge 
operator at a

[[Page 568]]

predetermined wind velocity. If the clamps act on the rail heads, any 
beads or weld flash on the rail heads shall be ground off.
    (5) Rated load marking. The rated load of the crane shall be plainly 
marked on each side of the crane, and if the crane has more than one 
hoisting unit, each hoist shall have its rated load marked on it or its 
load block and this marking shall be clearly legible from the ground or 
floor.
    (6) Clearance from obstruction. (i) Minimum clearance of 3 inches 
overhead and 2 inches laterally shall be provided and maintained between 
crane and obstructions in conformity with Crane Manufacturers 
Association of America, Inc., Specification No. 61, which is 
incorporated by reference as specified in Sec.  1910.6 (formerly the 
Electric Overhead Crane Institute, Inc).
    (ii) Where passageways or walkways are provided obstructions shall 
not be placed so that safety of personnel will be jeopardized by 
movements of the crane.
    (7) Clearance between parallel cranes. If the runways of two cranes 
are parallel, and there are no intervening walls or structure, there 
shall be adequate clearance provided and maintained between the two 
bridges.
    (8) Designated personnel--Only designated personnel shall be 
permitted to operate a crane covered by this section.
    (c) Cabs--(1) Cab location. (i) The general arrangement of the cab 
and the location of control and protective equipment shall be such that 
all operating handles are within convenient reach of the operator when 
facing the area to be served by the load hook, or while facing the 
direction of travel of the cab. The arrangement shall allow the operator 
a full view of the load hook in all positions.
    (ii) The cab shall be located to afford a minimum of 3 inches 
clearance from all fixed structures within its area of possible 
movement.
    (2) Access to crane. Access to the car and/or bridge walkway shall 
be by a conveniently placed fixed ladder, stairs, or platform requiring 
no step over any gap exceeding 12 inches (30 cm). Fixed ladders must 
comply with subpart D of this part.
    (3) Fire extinguisher. Carbon tetrachloride extinguishers shall not 
be used.
    (4) Lighting. Light in the cab shall be sufficient to enable the 
operator to see clearly enough to perform his work.
    (d) Footwalks and ladders--(1) Location of footwalks. (i) If 
sufficient headroom is available on cab-operated cranes, a footwalk 
shall be provided on the drive side along the entire length of the 
bridge of all cranes having the trolley running on the top of the 
girders.
    (ii) Where footwalks are located in no case shall less than 48 
inches of headroom be provided.
    (2) Construction of footwalks. (i) Footwalks shall be of rigid 
construction and designed to sustain a distributed load of at least 50 
pounds per square foot.
    (ii) Footwalks shall have a walking surface of antislip type.

    Note: Wood will meet this requirement.

    (iii) [Reserved]
    (iv) The inner edge shall extend at least to the line of the outside 
edge of the lower cover plate or flange of the girder.
    (3) Toeboards and handrails for footwalks. Toeboards and handrails 
must comply with subpart D of this part.
    (4) Ladders and stairways. (i) Gantry cranes shall be provided with 
ladders or stairways extending from the ground to the footwalk or cab 
platform.
    (ii) Stairways shall be equipped with rigid and substantial metal 
handrails. Walking surfaces shall be of an antislip type.
    (iii) Ladders shall be permanently and securely fastened in place 
and constructed in compliance with subpart D of this part.
    (e) Stops, bumpers, rail sweeps, and guards--(1) Trolley stops. (i) 
Stops shall be provided at the limits of travel of the trolley.
    (ii) Stops shall be fastened to resist forces applied when 
contacted.
    (iii) A stop engaging the tread of the wheel shall be of a height at 
least equal to the radius of the wheel.
    (2) Bridge bumpers--(i) A crane shall be provided with bumpers or 
other automatic means providing equivalent effect, unless the crane 
travels at a

[[Page 569]]

slow rate of speed and has a faster deceleration rate due to the use of 
sleeve bearings, or is not operated near the ends of bridge and trolley 
travel, or is restricted to a limited distance by the nature of the 
crane operation and there is no hazard of striking any object in this 
limited distance, or is used in similar operating conditions. The 
bumpers shall be capable of stopping the crane (not including the lifted 
load) at an average rate of deceleration not to exceed 3 ft/s/s when 
traveling in either direction at 20 percent of the rated load speed.
    (a) The bumpers shall have sufficient energy absorbing capacity to 
stop the crane when traveling at a speed of at least 40 percent of rated 
load speed.
    (b) The bumper shall be so mounted that there is no direct shear on 
bolts.
    (ii) Bumpers shall be so designed and installed as to minimize parts 
falling from the crane in case of breakage.
    (3) Trolley bumpers--(i) A trolley shall be provided with bumpers or 
other automatic means of equivalent effect, unless the trolley travels 
at a slow rate of speed, or is not operated near the ends of bridge and 
trolley travel, or is restricted to a limited distance of the runway and 
there is no hazard of striking any object in this limited distance, or 
is used in similar operating conditions. The bumpers shall be capable of 
stopping the trolley (not including the lifted load) at an average rate 
of deceleration not to exceed 4.7 ft/s/s when traveling in either 
direction at one-third of the rated load speed.
    (ii) When more than one trolley is operated on the same bridge, each 
shall be equipped with bumpers or equivalent on their adjacent ends.
    (iii) Bumpers or equivalent shall be designed and installed to 
minimize parts falling from the trolley in case of age.
    (4) Rail sweeps. Bridge trucks shall be equipped with sweeps which 
extend below the top of the rail and project in front of the truck 
wheels.
    (5) Guards for hoisting ropes. (i) If hoisting ropes run near enough 
to other parts to make fouling or chafing possible, guards shall be 
installed to prevent this condition.
    (ii) A guard shall be provided to prevent contact between bridge 
conductors and hoisting ropes if they could come into contact.
    (6) Guards for moving parts. (i) Exposed moving parts such as gears, 
set screws, projecting keys, chains, chain sprockets, and reciprocating 
components which might constitute a hazard under normal operating 
conditions shall be guarded.
    (ii) Guards shall be securely fastened.
    (iii) Each guard shall be capable of supporting without permanent 
distortion the weight of a 200-pound person unless the guard is located 
where it is impossible for a person to step on it.
    (f) Brakes--(1) Brakes for hoists. (i) Each independent hoisting 
unit of a crane shall be equipped with at least one self-setting brake, 
hereafter referred to as a holding brake, applied directly to the motor 
shaft or some part of the gear train.
    (ii) Each independent hoisting unit of a crane, except worm-geared 
hoists, the angle of whose worm is such as to prevent the load from 
accelerating in the lowering direction shall, in addition to a holding 
brake, be equipped with control braking means to prevent overspeeding.
    (2) Holding brakes. (i) Holding brakes for hoist motors shall have 
not less than the following percentage of the full load hoisting torque 
at the point where the brake is applied.
    (a) 125 percent when used with a control braking means other than 
mechanical.
    (b) 100 percent when used in conjunction with a mechanical control 
braking means.
    (c) 100 percent each if two holding brakes are provided.
    (ii) Holding brakes on hoists shall have ample thermal capacity for 
the frequency of operation required by the service.
    (iii) Holding brakes on hoists shall be applied automatically when 
power is removed.
    (iv) Where necessary holding brakes shall be provided with 
adjustment means to compensate for wear.
    (v) The wearing surface of all holding-brake drums or discs shall be 
smooth.
    (vi) Each independent hoisting unit of a crane handling hot metal 
and having power control braking means shall

[[Page 570]]

be equipped with at least two holding brakes.
    (3) Control braking means. (i) A power control braking means such as 
regenerative, dynamic or countertorque braking, or a mechanically 
controlled braking means shall be capable of maintaining safe lowering 
speeds of rated loads.
    (ii) The control braking means shall have ample thermal capacity for 
the frequency of operation required by service.
    (4) Brakes for trolleys and bridges. (i) Foot-operated brakes shall 
not require an applied force of more than 70 pounds to develop 
manufacturer's rated brake torque.
    (ii) Brakes may be applied by mechanical, electrical, pneumatic, 
hydraulic, or gravity means.
    (iii) Where necessary brakes shall be provided with adjustment means 
to compensate for wear.
    (iv) The wearing surface of all brakedrums or discs shall be smooth.
    (v) All foot-brake pedals shall be constructed so that the 
operator's foot will not easily slip off the pedal.
    (vi) Foot-operated brakes shall be equipped with automatic means for 
positive release when pressure is released from the pedal.
    (vii) Brakes for stopping the motion of the trolley or bridge shall 
be of sufficient size to stop the trolley or bridge within a distance in 
feet equal to 10 percent of full load speed in feet per minute when 
traveling at full speed with full load.
    (viii) If holding brakes are provided on the bridge or trolleys, 
they shall not prohibit the use of a drift point in the control circuit.
    (ix) Brakes on trolleys and bridges shall have ample thermal 
capacity for the frequency of operation required by the service to 
prevent impairment of functions from overheating.
    (5) Application of trolley brakes. (i) On cab-operated cranes with 
cab on trolley, a trolley brake shall be required as specified under 
paragraph (f)(4) of this section.
    (ii) A drag brake may be applied to hold the trolley in a desired 
position on the bridge and to eliminate creep with the power off.
    (6) Application of bridge brakes. (i) On cab-operated cranes with 
cab on bridge, a bridge brake is required as specified under paragraph 
(f)(4) of this section.
    (ii) On cab-operated cranes with cab on trolley, a bridge brake of 
the holding type shall be required.
    (iii) On all floor, remote and pulpit-operated crane bridge drives, 
a brake of noncoasting mechanical drive shall be provided.
    (g) Electric equipment--(1) General. (i) Wiring and equipment shall 
comply with subpart S of this part.
    (ii) The control circuit voltage shall not exceed 600 volts for a.c. 
or d.c. current.
    (iii) The voltage at pendant push-buttons shall not exceed 150 volts 
for a.c. and 300 volts for d.c.
    (iv) Where multiple conductor cable is used with a suspended 
pushbutton station, the station must be supported in some satisfactory 
manner that will protect the electrical conductors against strain.
    (v) Pendant control boxes shall be constructed to prevent electrical 
shock and shall be clearly marked for identification of functions.
    (2) Equipment. (i) Electrical equipment shall be so located or 
enclosed that live parts will not be exposed to accidental contact under 
normal operating conditions.
    (ii) Electric equipment shall be protected from dirt, grease, oil, 
and moisture.
    (iii) Guards for live parts shall be substantial and so located that 
they cannot be accidently deformed so as to make contact with the live 
parts.
    (3) Controllers. (i) Cranes not equipped with spring-return 
controllers or momentary contact pushbuttons shall be provided with a 
device which will disconnect all motors from the line on failure of 
power and will not permit any motor to be restarted until the controller 
handle is brought to the ``off'' position, or a reset switch or button 
is operated.
    (ii) Lever operated controllers shall be provided with a notch or 
latch which in the ``off'' position prevents the handle from being 
inadvertently moved to the ``on'' position. An ``off'' detent or spring 
return arrangement is acceptable.

[[Page 571]]

    (iii) The controller operating handle shall be located within 
convenient reach of the operator.
    (iv) As far as practicable, the movement of each controller handle 
shall be in the same general directions as the resultant movements of 
the load.
    (v) The control for the bridge and trolley travel shall be so 
located that the operator can readily face the direction of travel.
    (vi) For floor-operated cranes, the controller or controllers if 
rope operated, shall automatically return to the ``off'' position when 
released by the operator.
    (vii) Pushbuttons in pendant stations shall return to the ``off'' 
position when pressure is released by the crane operator.
    (viii) Automatic cranes shall be so designed that all motions shall 
fail-safe if any malfunction of operation occurs.
    (ix) Remote-operated cranes shall function so that if the control 
signal for any crane motion becomes ineffective the crane motion shall 
stop.
    (4) Resistors. (i) Enclosures for resistors shall have openings to 
provide adequate ventilation, and shall be installed to prevent the 
accumulation of combustible matter too near to hot parts.
    (ii) Resistor units shall be supported so as to be as free as 
possible from vibration.
    (iii) Provision shall be made to prevent broken parts or molten 
metal falling upon the operator or from the crane.
    (5) Switches. (i) The power supply to the runway conductors shall be 
controlled by a switch or circuit breaker located on a fixed structure, 
accessible from the floor, and arranged to be locked in the open 
position.
    (ii) On cab-operated cranes a switch or circuit breaker of the 
enclosed type, with provision for locking in the open position, shall be 
provided in the leads from the runway conductors. A means of opening 
this switch or circuit breaker shall be located within easy reach of the 
operator.
    (iii) On floor-operated cranes, a switch or circuit breaker of the 
enclosed type, with provision for locking in the open position, shall be 
provided in the leads from the runway conductors. This disconnect shall 
be mounted on the bridge or footwalk near the runway collectors. One of 
the following types of floor-operated disconnects shall be provided:
    (a) Nonconductive rope attached to the main disconnect switch.
    (b) An undervoltage trip for the main circuit breaker operated by an 
emergency stop button in the pendant pushbutton in the pendant 
pushbutton station.
    (c) A main line contactor operated by a switch or pushbutton in the 
pendant pushbutton station.
    (iv) The hoisting motion of all electric traveling cranes shall be 
provided with an overtravel limit switch in the hoisting direction.
    (v) All cranes using a lifting magnet shall have a magnet circuit 
switch of the enclosed type with provision for locking in the open 
position. Means for discharging the inductive load of the magnet shall 
be provided.
    (6) Runway conductors. Conductors of the open type mounted on the 
crane runway beams or overhead shall be so located or so guarded that 
persons entering or leaving the cab or crane footwalk normally could not 
come into contact with them.
    (7) Extension lamps. If a service receptacle is provided in the cab 
or on the bridge of cab-operated cranes, it shall be a grounded three-
prong type permanent receptacle, not exceeding 300 volts.
    (h) Hoisting equipment--(1) Sheaves. (i) Sheave grooves shall be 
smooth and free from surface defects which could cause rope damage.
    (ii) Sheaves carrying ropes which can be momentarily unloaded shall 
be provided with close-fitting guards or other suitable devices to guide 
the rope back into the groove when the load is applied again.
    (iii) The sheaves in the bottom block shall be equipped with close-
fitting guards that will prevent ropes from becoming fouled when the 
block is lying on the ground with ropes loose.
    (iv) Pockets and flanges of sheaves used with hoist chains shall be 
of such dimensions that the chain does not catch or bind during 
operation.

[[Page 572]]

    (v) All running sheaves shall be equipped with means for 
lubrication. Permanently lubricated, sealed and/or shielded bearings 
meet this requirement.
    (2) Ropes. (i) In using hoisting ropes, the crane manufacturer's 
recommendation shall be followed. The rated load divided by the number 
of parts of rope shall not exceed 20 percent of the nominal breaking 
strength of the rope.
    (ii) Socketing shall be done in the manner specified by the 
manufacturer of the assembly.
    (iii) Rope shall be secured to the drum as follows:
    (a) No less than two wraps of rope shall remain on the drum when the 
hook is in its extreme low position.
    (b) Rope end shall be anchored by a clamp securely attached to the 
drum, or by a socket arrangement approved by the crane or rope 
manufacturer.
    (iv) Eye splices. [Reserved]
    (v) Rope clips attached with U-bolts shall have the U-bolts on the 
dead or short end of the rope. Spacing and number of all types of clips 
shall be in accordance with the clip manufacturer's recommendation. 
Clips shall be drop-forged steel in all sizes manufactured commercially. 
When a newly installed rope has been in operation for an hour, all nuts 
on the clip bolts shall be retightened.
    (vi) Swaged or compressed fittings shall be applied as recommended 
by the rope or crane manufacturer.
    (vii) Wherever exposed to temperatures, at which fiber cores would 
be damaged, rope having an independent wirerope or wire-strand core, or 
other temperature-damage resistant core shall be used.
    (viii) Replacement rope shall be the same size, grade, and 
construction as the original rope furnished by the crane manufacturer, 
unless otherwise recommended by a wire rope manufacturer due to actual 
working condition requirements.
    (3) Equalizers. If a load is supported by more than one part of 
rope, the tension in the parts shall be equalized.
    (4) Hooks. Hooks shall meet the manufacturer's recommendations and 
shall not be overloaded.
    (i) Warning device. Except for floor-operated cranes a gong or other 
effective warning signal shall be provided for each crane equipped with 
a power traveling mechanism.
    (j) Inspection--(1) Inspection classification--(i) Initial 
inspection. Prior to initial use all new and altered cranes shall be 
inspected to insure compliance with the provisions of this section.
    (ii) Inspection procedure for cranes in regular service is divided 
into two general classifications based upon the intervals at which 
inspection should be performed. The intervals in turn are dependent upon 
the nature of the critical components of the crane and the degree of 
their exposure to wear, deterioration, or malfunction. The two general 
classifications are herein designated as ``frequent'' and ``periodic'' 
with respective intervals between inspections as defined below:
    (a) Frequent inspection--Daily to monthly intervals.
    (b) Periodic inspection--1 to 12-month intervals.
    (2) Frequent inspection. The following items shall be inspected for 
defects at intervals as defined in paragraph (j)(1)(ii) of this section 
or as specifically indicated, including observation during operation for 
any defects which might appear between regular inspections. All 
deficiencies such as listed shall be carefully examined and 
determination made as to whether they constitute a safety hazard:
    (i) All functional operating mechanisms for maladjustment 
interfering with proper operation. Daily.
    (ii) Deterioration or leakage in lines, tanks, valves, drain pumps, 
and other parts of air or hydraulic systems. Daily.
    (iii) Hooks with deformation or cracks. Visual inspection daily; 
monthly inspection with a certification record which includes the date 
of inspection, the signature of the person who performed the inspection 
and the serial number, or other identifier, of the hook inspected. For 
hooks with cracks or having more than 15 percent in excess of normal 
throat opening or more than 10[deg] twist from the plane of the unbent 
hook refer to paragraph (l)(3)(iii)(a) of this section.
    (iv) Hoist chains, including end connections, for excessive wear, 
twist, distorted links interfering with proper

[[Page 573]]

function, or stretch beyond manufacturer's recommendations. Visual 
inspection daily; monthly inspection with a certification record which 
includes the date of inspection, the signature of the person who 
performed the inspection and an identifier of the chain which was 
inspected.
    (v) [Reserved]
    (vi) All functional operating mechanisms for excessive wear of 
components.
    (vii) Rope reeving for noncompliance with manufacturer's 
recommendations.
    (3) Periodic inspection. Complete inspections of the crane shall be 
performed at intervals as generally defined in paragraph (j)(1)(ii)(b) 
of this section, depending upon its activity, severity of service, and 
environment, or as specifically indicated below. These inspections shall 
include the requirements of paragraph (j)(2) of this section and in 
addition, the following items. Any deficiencies such as listed shall be 
carefully examined and determination made as to whether they constitute 
a safety hazard:
    (i) Deformed, cracked, or corroded members.
    (ii) Loose bolts or rivets.
    (iii) Cracked or worn sheaves and drums.
    (iv) Worn, cracked or distorted parts such as pins, bearings, 
shafts, gears, rollers, locking and clamping devices.
    (v) Excessive wear on brake system parts, linings, pawls, and 
ratchets.
    (vi) Load, wind, and other indicators over their full range, for any 
significant inaccuracies.
    (vii) Gasoline, diesel, electric, or other powerplants for improper 
performance or noncompliance with applicable safety requirements.
    (viii) Excessive wear of chain drive sprockets and excessive chain 
stretch.
    (ix) [Reserved]
    (x) Electrical apparatus, for signs of pitting or any deterioration 
of controller contactors, limit switches and pushbutton stations.
    (4) Cranes not in regular use. (i) A crane which has been idle for a 
period of 1 month or more, but less than 6 months, shall be given an 
inspection conforming with requirements of paragraph (j)(2) of this 
section and paragraph (m)(2) of this section before placing in service.
    (ii) A crane which has been idle for a period of over 6 months shall 
be given a complete inspection conforming with requirements of 
paragraphs (j) (2) and (3) of this section and paragraph (m)(2) of this 
section before placing in service.
    (iii) Standby cranes shall be inspected at least semi-annually in 
accordance with requirements of paragraph (j)(2) of this section and 
paragraph (m)(2) of this section.
    (k) Testing--(1) Operational tests. (i) Prior to initial use all new 
and altered cranes shall be tested to insure compliance with this 
section including the following functions:
    (a) Hoisting and lowering.
    (b) Trolley travel.
    (c) Bridge travel.
    (d) Limit switches, locking and safety devices.
    (ii) The trip setting of hoist limit switches shall be determined by 
tests with an empty hook traveling in increasing speeds up to the 
maximum speed. The actuating mechanism of the limit switch shall be 
located so that it will trip the switch, under all conditions, in 
sufficient time to prevent contact of the hook or hook block with any 
part of the trolley.
    (2) Rated load test. Test loads shall not be more than 125 percent 
of the rated load unless otherwise recommended by the manufacturer. The 
test reports shall be placed on file where readily available to 
appointed personnel.
    (l) Maintenance--(1) Preventive maintenance. A preventive 
maintenance program based on the crane manufacturer's recommendations 
shall be established.
    (2) Maintenance procedure. (i) Before adjustments and repairs are 
started on a crane the following precautions shall be taken:
    (a) The crane to be repaired shall be run to a location where it 
will cause the least interference with other cranes and operations in 
the area.
    (b) All controllers shall be at the off position.
    (c) The main or emergency switch shall be open and locked in the 
open position.

[[Page 574]]

    (d) Warning or ``out of order'' signs shall be placed on the crane, 
also on the floor beneath or on the hook where visible from the floor.
    (e) Where other cranes are in operation on the same runway, rail 
stops or other suitable means shall be provided to prevent interference 
with the idle crane.
    (ii) After adjustments and repairs have been made the crane shall 
not be operated until all guards have been reinstalled, safety devices 
reactivated and maintenance equipment removed.
    (3) Adjustments and repairs. (i) Any unsafe conditions disclosed by 
the inspection requirements of paragraph (j) of this section shall be 
corrected before operation of the crane is resumed. Adjustments and 
repairs shall be done only by designated personnel.
    (ii) Adjustments shall be maintained to assure correct functioning 
of components. The following are examples:
    (a) All functional operating mechanisms.
    (b) Limit switches.
    (c) Control systems.
    (d) Brakes.
    (e) Power plants.
    (iii) Repairs or replacements shall be provided promptly as needed 
for safe operation. The following are examples:
    (a) Crane hooks showing defects described in paragraph (j)(2)(iii) 
of this section shall be discarded. Repairs by welding or reshaping are 
not generally recommended. If such repairs are attempted they shall only 
be done under competent supervision and the hook shall be tested to the 
load requirements of paragraph (k)(2) of this section before further 
use.
    (b) Load attachment chains and rope slings showing defects described 
in paragraph (j)(2) (iv) and (v) of this section respectively.
    (c) All critical parts which are cracked, broken, bent, or 
excessively worn.
    (d) Pendant control stations shall be kept clean and function labels 
kept legible.
    (m) Rope inspection--(1) Running ropes. A thorough inspection of all 
ropes shall be made at least once a month and a certification record 
which includes the date of inspection, the signature of the person who 
performed the inspection and an identifier for the ropes which were 
inspected shall be kept on file where readily available to appointed 
personnel. Any deterioration, resulting in appreciable loss of original 
strength, shall be carefully observed and determination made as to 
whether further use of the rope would constitute a safety hazard. Some 
of the conditions that could result in an appreciable loss of strength 
are the following:
    (i) Reduction of rope diameter below nominal diameter due to loss of 
core support, internal or external corrosion, or wear of outside wires.
    (ii) A number of broken outside wires and the degree of distribution 
or concentration of such broken wires.
    (iii) Worn outside wires.
    (iv) Corroded or broken wires at end connections.
    (v) Corroded, cracked, bent, worn, or improperly applied end 
connections.
    (vi) Severe kinking, crushing, cutting, or unstranding.
    (2) Other ropes. All rope which has been idle for a period of a 
month or more due to shutdown or storage of a crane on which it is 
installed shall be given a thorough inspection before it is used. This 
inspection shall be for all types of deterioration and shall be 
performed by an appointed person whose approval shall be required for 
further use of the rope. A certification record shall be available for 
inspection which includes the date of inspection, the signature of the 
person who performed the inspection and an identifier for the rope which 
was inspected.
    (n) Handling the load--(1) Size of load. The crane shall not be 
loaded beyond its rated load except for test purposes as provided in 
paragraph (k) of this section.
    (2) Attaching the load. (i) The hoist chain or hoist rope shall be 
free from kinks or twists and shall not be wrapped around the load.
    (ii) The load shall be attached to the load block hook by means of 
slings or other approved devices.
    (iii) Care shall be taken to make certain that the sling clears all 
obstacles.
    (3) Moving the load. (i) The load shall be well secured and properly 
balanced in the sling or lifting device before it is lifted more than a 
few inches.

[[Page 575]]

    (ii) Before starting to hoist the following conditions shall be 
noted:
    (a) Hoist rope shall not be kinked.
    (b) Multiple part lines shall not be twisted around each other.
    (c) The hook shall be brought over the load in such a manner as to 
prevent swinging.
    (iii) During hoisting care shall be taken that:
    (a) There is no sudden acceleration or deceleration of the moving 
load.
    (b) The load does not contact any obstructions.
    (iv) Cranes shall not be used for side pulls except when 
specifically authorized by a responsible person who has determined that 
the stability of the crane is not thereby endangered and that various 
parts of the crane will not be overstressed.
    (v) While any employee is on the load or hook, there shall be no 
hoisting, lowering, or traveling.
    (vi) The employer shall require that the operator avoid carrying 
loads over people.
    (vii) The operator shall test the brakes each time a load 
approaching the rated load is handled. The brakes shall be tested by 
raising the load a few inches and applying the brakes.
    (viii) The load shall not be lowered below the point where less than 
two full wraps of rope remain on the hoisting drum.
    (ix) When two or more cranes are used to lift a load one qualified 
responsible person shall be in charge of the operation. He shall analyze 
the operation and instruct all personnel involved in the proper 
positioning, rigging of the load, and the movements to be made.
    (x) The employer shall insure that the operator does not leave his 
position at the controls while the load is suspended.
    (xi) When starting the bridge and when the load or hook approaches 
near or over personnel, the warning signal shall be sounded.
    (4) Hoist limit switch. (i) At the beginning of each operator's 
shift, the upper limit switch of each hoist shall be tried out under no 
load. Extreme care shall be exercised; the block shall be ``inched'' 
into the limit or run in at slow speed. If the switch does not operate 
properly, the appointed person shall be immediately notified.
    (ii) The hoist limit switch which controls the upper limit of travel 
of the load block shall never be used as an operating control.
    (o) Other requirements, general--(1) Ladders. (i) The employer shall 
insure that hands are free from encumbrances while personnel are using 
ladders.
    (ii) Articles which are too large to be carried in pockets or belts 
shall be lifted and lowered by hand line.
    (2) Cabs. (i) Necessary clothing and personal belongings shall be 
stored in such a manner as not to interfere with access or operation.
    (ii) Tools, oil cans, waste, extra fuses, and other necessary 
articles shall be stored in the tool box, and shall not be permitted to 
lie loose in or about the cab.
    (3) Fire extinguishers. The employer shall insure that operators are 
familiar with the operation and care of fire extinguishers provided.

[39 FR 23502, June 27, 1974, as amended at 40 FR 27400, June 27, 1975; 
49 FR 5322, Feb. 10, 1984; 51 FR 34560, Sept. 29, 1986; 55 FR 32015, 
Aug. 6, 1990; 61 FR 9239, Mar. 7, 1996; 81 FR 83005, Nov. 18, 2016]



Sec.  1910.180  Crawler locomotive and truck cranes.

    (a) Definitions applicable to this section. (1) A crawler crane 
consists of a rotating superstructure with power plant, operating 
machinery, and boom, mounted on a base, equipped with crawler treads for 
travel. Its function is to hoist and swing loads at various radii.
    (2) A locomotive crane consists of a rotating superstructure with 
power-plant, operating machinery and boom, mounted on a base or car 
equipped for travel on railroad track. It may be self-propelled or 
propelled by an outside source. Its function is to hoist and swing loads 
at various radii.
    (3) A truck crane consists of a rotating superstructure with 
powerplant, operating machinery and boom, mounted on an automotive truck 
equipped with a powerplant for travel. Its function is to hoist and 
swing loads at various radii.

[[Page 576]]

    (4) A wheel mounted crane (wagon crane) consists of a rotating 
superstructure with powerplant, operating machinery and boom, mounted on 
a base or platform equipped with axles and rubber-tired wheels for 
travel. The base is usually propelled by the engine in the 
superstructure, but it may be equipped with a separate engine controlled 
from the superstructure. Its function is to hoist and swing loads at 
various radii.
    (5) An accessory is a secondary part or assembly of parts which 
contributes to the overall function and usefulness of a machine.
    (6) Appointed means assigned specific responsibilities by the 
employer or the employer's representative.
    (7) ANSI means the American National Standards Institute.
    (8) An angle indicator (boom) is an accessory which measures the 
angle of the boom to the horizontal.
    (9) The axis of rotation is the vertical axis around which the crane 
superstructure rotates.
    (10) Axle means the shaft or spindle with which or about which a 
wheel rotates. On truck- and wheel-mounted cranes it refers to an 
automotive type of axle assembly including housings, gearing, 
differential, bearings, and mounting appurtenances.
    (11) Axle (bogie) means two or more automotive-type axles mounted in 
tandem in a frame so as to divide the load between the axles and permit 
vertical oscillation of the wheels.
    (12) The base (mounting) is the traveling base or carrier on which 
the rotating superstructure is mounted such as a car, truck, crawlers, 
or wheel platform.
    (13) The boom (crane) is a member hinged to the front of the 
rotating superstructure with the outer end supported by ropes leading to 
a gantry or A-frame and used for supporting the hoisting tackle.
    (14) The boom angle is the angle between the longitudinal centerline 
of the boom and the horizontal. The boom longitudinal centerline is a 
straight line between the boom foot pin (heel pin) centerline and boom 
point sheave pin centerline.
    (15) The boom hoist is a hoist drum and rope reeving system used to 
raise and lower the boom. The rope system may be all live reeving or a 
combination of live reeving and pendants.
    (16) The boom stop is a device used to limit the angle of the boom 
at the highest position.
    (17) A brake is a device used for retarding or stopping motion by 
friction or power means.
    (18) A cab is a housing which covers the rotating superstructure 
machinery and/or operator's station. On truck-crane trucks a separate 
cab covers the driver's station.
    (19) The clutch is a friction, electromagnetic, hydraulic, 
pneumatic, or positive mechanical device for engagement or disengagement 
of power.
    (20) The counterweight is a weight used to supplement the weight of 
the machine in providing stability for lifting working loads.
    (21) Designated means selected or assigned by the employer or the 
employer's representative as being qualified to perform specific duties.
    (22) The drum is the cylindrical members around which ropes are 
wound for raising and lowering the load or boom.
    (23) Dynamic (loading) means loads introduced into the machine or 
its components by forces in motion.
    (24) The gantry (A-frame) is a structural frame, extending above the 
superstructure, to which the boom support ropes are reeved.
    (25) A jib is an extension attached to the boom point to provide 
added boom length for lifting specified loads. The jib may be in line 
with the boom or offset to various angles.
    (26) Load (working) means the external load, in pounds, applied to 
the crane, including the weight of load-attaching equipment such as load 
blocks, shackles, and slings.
    (27) Load block (upper) means the assembly of hook or shackle, 
swivel, sheaves, pins, and frame suspended from the boom point.
    (28) Load block (lower) means the assembly of hook or shackle, 
swivel, sheaves, pins, and frame suspended by the hoisting ropes.
    (29) A load hoist is a hoist drum and rope reeving system used for 
hoisting and lowering loads.

[[Page 577]]

    (30) Load ratings are crane ratings in pounds established by the 
manufacturer in accordance with paragraph (c) of this section.
    (31) Outriggers are extendable or fixed metal arms, attached to the 
mounting base, which rest on supports at the outer ends.
    (32) Rail clamp means a tong-like metal device, mounted on a 
locomotive crane car, which can be connected to the track.
    (33) Reeving means a rope system in which the rope travels around 
drums and sheaves.
    (34) Rope refers to a wire rope unless otherwise specified.
    (35) Side loading means a load applied at an angle to the vertical 
plane of the boom.
    (36) A standby crane is a crane which is not in regular service but 
which is used occasionally or intermittently as required.
    (37) A standing (guy) rope is a supporting rope which maintains a 
constant distance between the points of attachment to the two components 
connected by the rope.
    (38) Structural competence means the ability of the machine and its 
components to withstand the stresses imposed by applied loads.
    (39) Superstructure means the rotating upper frame structure of the 
machine and the operating machinery mounted thereon.
    (40) Swing means the rotation of the superstructure for movement of 
loads in a horizontal direction about the axis of rotation.
    (41) Swing mechanism means the machinery involved in providing 
rotation of the superstructure.
    (42) Tackle is an assembly of ropes and sheaves arranged for 
hoisting and pulling.
    (43) Transit means the moving or transporting of a crane from one 
jobsite to another.
    (44) Travel means the function of the machine moving from one 
location to another, on a jobsite.
    (45) The travel mechanism is the machinery involved in providing 
travel.
    (46) Wheelbase means the distance between centers of front and rear 
axles. For a multiple axle assembly the axle center for wheelbase 
measurement is taken as the midpoint of the assembly.
    (47) The whipline (auxiliary hoist) is a separate hoist rope system 
of lighter load capacity and higher speed than provided by the main 
hoist.
    (48) A winch head is a power driven spool for handling of loads by 
means of friction between fiber or wire rope and spool.
    (b) General requirements--(1) Application. This section applies to 
crawler cranes, locomotive cranes, wheel mounted cranes of both truck 
and self-propelled wheel type, and any variations thereof which retain 
the same fundamental characteristics. This section includes only cranes 
of the above types, which are basically powered by internal combustion 
engines or electric motors and which utilize drums and ropes. Cranes 
designed for railway and automobile wreck clearances are excepted. The 
requirements of this section are applicable only to machines when used 
as lifting cranes.
    (2) New and existing equipment. All new crawler, locomotive, and 
truck cranes constructed and utilized on or after August 31, 1971, shall 
meet the design specifications of the American National Standard Safety 
Code for Crawler, Locomotive, and Truck Cranes, ANSI B30.5-1968, which 
is incorporated by reference as specified in Sec.  1910.6. Crawler, 
locomotive, and truck cranes constructed prior to August 31, 1971, 
should be modified to conform to those design specifications by February 
15, 1972, unless it can be shown that the crane cannot feasibly or 
economically be altered and that the crane substantially complies with 
the requirements of this section.
    (3) Designated personnel. Only designated personnel shall be 
permitted to operate a crane covered by this section.
    (c) Load ratings--(1) Load ratings--where stability governs lifting 
performance. (i) The margin of stability for determination of load 
ratings, with booms of stipulated lengths at stipulated working radii 
for the various types of crane mountings, is established by taking a 
percentage of the loads which will produce a condition of tipping or 
balance with the boom in the least stable direction, relative to the 
mounting. The load ratings shall

[[Page 578]]

not exceed the following percentages for cranes, with the indicated 
types of mounting under conditions stipulated in paragraphs (c)(1) (ii) 
and (iii) of this section.

------------------------------------------------------------------------
                                                                Maximum
                                                                 load
                                                                ratings
                   Type of crane mounting                      (percent
                                                              of tipping
                                                                loads)
------------------------------------------------------------------------
Locomotive, without outriggers:
  Booms 60 feet or less.....................................      \1\ 85
  Booms over 60 feet........................................      \1\ 85
Locomotive, using outriggers fully extended.................          80
Crawler, without outriggers.................................          75
Crawler, using outriggers fully extended....................          85
Truck and wheel mounted without outriggers or using                   85
 outriggers fully extended..................................
------------------------------------------------------------------------
\1\ Unless this results in less than 30,000 pound-feet net stabilizing
  moment about the rail, which shall be minimum with such booms.

    (ii) The following stipulations shall govern the application of the 
values in paragraph (c)(1)(i) of this section for locomotive cranes:
    (a) Tipping with or without the use of outriggers occurs when half 
of the wheels farthest from the load leave the rail.
    (b) The crane shall be standing on track which is level within 1 
percent grade.
    (c) Radius of the load is the horizontal distance from a projection 
of the axis of rotation to the rail support surface, before loading, to 
the center of vertical hoist line or tackle with load applied.
    (d) Tipping loads from which ratings are determined shall be applied 
under static conditions only, i.e., without dynamic effect of hoisting, 
lowering, or swinging.
    (e) The weight of all auxiliary handling devices such as hoist 
blocks, hooks, and slings shall be considered a part of the load rating.
    (iii) Stipulations governing the application of the values in 
paragraph (c)(1)(i) of this section for crawler, truck, and wheel-
mounted cranes shall be in accordance with Crane Load-Stability Test 
Code, Society of Automotive Engineers (SAE) J765, which is incorporated 
by reference as specified in Sec.  1910.6.
    (iv) The effectiveness of these preceding stability factors will be 
influenced by such additional factors as freely suspended loads, track, 
wind, or ground conditions, condition and inflation of rubber tires, 
boom lengths, proper operating speeds for existing conditions, and, in 
general, careful and competent operation. All of these shall be taken 
into account by the user.
    (2) Load rating chart. A substantial and durable rating chart with 
clearly legible letters and figures shall be provided with each crane 
and securely fixed to the crane cab in a location easily visible to the 
operator while seated at his control station.
    (d) Inspection classification--(1) Initial inspection. Prior to 
initial use all new and altered cranes shall be inspected to insure 
compliance with provisions of this section.
    (2) Regular inspection. Inspection procedure for cranes in regular 
service is divided into two general classifications based upon the 
intervals at which inspection should be performed. The intervals in turn 
are dependent upon the nature of the critical components of the crane 
and the degree of their exposure to wear, deterioration, or malfunction. 
The two general classifications are herein designated as ``frequent'' 
and ``periodic'', with respective intervals between inspections as 
defined below:
    (i) Frequent inspection: Daily to monthly intervals.
    (ii) Periodic inspection: 1- to 12-month intervals, or as 
specifically recommended by the manufacturer.
    (3) Frequent inspection. Items such as the following shall be 
inspected for defects at intervals as defined in paragraph (d)(2)(i) of 
this section or as specifically indicated including observation during 
operation for any defects which might appear between regular 
inspections. Any deficiencies such as listed shall be carefully examined 
and determination made as to whether they constitute a safety hazard:
    (i) All control mechanisms for maladjustment interfering with proper 
operation: Daily.
    (ii) All control mechanisms for excessive wear of components and 
contamination by lubricants or other foreign matter.
    (iii) All safety devices for malfunction.
    (iv) Deterioration or leakage in air or hydraulic systems: Daily.

[[Page 579]]

    (v) Crane hooks with deformations or cracks. For hooks with cracks 
or having more than 15 percent in excess of normal throat opening or 
more than 10[deg] twist from the plane of the unbent hook.
    (vi) Rope reeving for noncompliance with manufacturer's 
recommendations.
    (vii) Electrical apparatus for malfunctioning, signs of excessive 
deterioration, dirt, and moisture accumulation.
    (4) Periodic inspection. Complete inspections of the crane shall be 
performed at intervals as generally defined in paragraph (d)(2)(ii) of 
this section depending upon its activity, severity of service, and 
environment, or as specifically indicated below. These inspections shall 
include the requirements of paragraph (d)(3) of this section and in 
addition, items such as the following. Any deficiencies such as listed 
shall be carefully examined and determination made as to whether they 
constitute a safety hazard:
    (i) Deformed, cracked, or corroded members in the crane structure 
and boom.
    (ii) Loose bolts or rivets.
    (iii) Cracked or worn sheaves and drums.
    (iv) Worn, cracked, or distorted parts such as pins, bearings, 
shafts, gears, rollers and locking devices.
    (v) Excessive wear on brake and clutch system parts, linings, pawls, 
and ratchets.
    (vi) Load, boom angle, and other indicators over their full range, 
for any significant inaccuracies.
    (vii) Gasoline, diesel, electric, or other power plants for improper 
performance or noncompliance with safety requirements.
    (viii) Excessive wear of chain-drive sprockets and excessive chain 
stretch.
    (ix) Travel steering, braking, and locking devices, for malfunction.
    (x) Excessively worn or damaged tires.
    (5) Cranes not in regular use. (i) A crane which has been idle for a 
period of one month or more, but less than 6 months, shall be given an 
inspection conforming with requirements of paragraph (d)(3) of this 
section and paragraph (g)(2)(ii) of this section before placing in 
service.
    (ii) A crane which has been idle for a period of six months shall be 
given a complete inspection conforming with requirements of paragraphs 
(d) (3) and (4) of this section and paragraph (g)(2)(ii) of this section 
before placing in service.
    (iii) Standby cranes shall be inspected at least semiannually in 
accordance with requirements of paragraph (d)(3) of this section and 
paragraph (g)(2)(ii) of this section. Such cranes which are exposed to 
adverse environment should be inspected more frequently.
    (6) Inspection records. Certification records which include the date 
of inspection, the signature of the person who performed the inspection 
and the serial number, or other identifier, of the crane which was 
inspected shall be made monthly on critical items in use such as brakes, 
crane hooks, and ropes. This certification record shall be kept readily 
available.
    (e) Testing--(1) Operational tests. (i) In addition to prototype 
tests and quality-control measures, each new production crane shall be 
tested by the manufacturer to the extent necessary to insure compliance 
with the operational requirements of this paragraph including functions 
such as the following:
    (a) Load hoisting and lowering mechanisms.
    (b) Boom hoisting and lower mechanisms.
    (c) Swinging mechanism.
    (d) Travel mechanism.
    (e) Safety devices.
    (ii) Where the complete production crane is not supplied by one 
manufacturer such tests shall be conducted at final assembly.
    (iii) Certified production-crane test results shall be made 
available.
    (2) Rated load test. (i) Written reports shall be available showing 
test procedures and confirming the adequacy of repairs or alterations.
    (ii) Test loads shall not exceed 110 percent of the rated load at 
any selected working radius.
    (iii) Where rerating is necessary:
    (a) Crawler, truck, and wheel-mounted cranes shall be tested in 
accordance with SAE Recommended Practice, Crane Load Stability Test Code 
J765 (April 1961).

[[Page 580]]

    (b) Locomotive cranes shall be tested in accordance with paragraph 
(c)(1) (i) and (ii) of this section.
    (c) Rerating test report shall be readily available.
    (iv) No cranes shall be rerated in excess of the original load 
ratings unless such rating changes are approved by the crane 
manufacturer or final assembler.
    (f) Maintenance procedure--General. After adjustments and repairs 
have been made the crane shall not be operated until all guards have 
been reinstalled, safety devices reactivated, and maintenance equipment 
removed.
    (g) Rope inspection--(1) Running ropes. A thorough inspection of all 
ropes in use shall be made at least once a month and a certification 
record which includes the date of inspection, the signature of the 
person who performed the inspection and an identifier for the ropes 
shall be prepared and kept on file where readily available. All 
inspections shall be performed by an appointed or authorized person. Any 
deterioration, resulting in appreciable loss of original strength shall 
be carefully observed and detemination made as to whether further use of 
the rope would constitute a safety hazard. Some of the conditions that 
could result in an appreciable loss of strength are the following:
    (i) Reduction of rope diameter below nominal diameter due to loss of 
core support, internal or external corrosion, or wear of outside wires.
    (ii) A number of broken outside wires and the degree of distribution 
of concentration of such broken wires.
    (iii) Worn outside wires.
    (iv) Corroded or broken wires at end connections.
    (v) Corroded, cracked, bent, worn, or improperly applied end 
connections.
    (vi) Severe kinking, crushing, cutting, or unstranding.
    (2) Other ropes. (i) Heavy wear and/or broken wires may occur in 
sections in contact with equalizer sheaves or other sheaves where rope 
travel is limited, or with saddles. Particular care shall be taken to 
inspect ropes at these locations.
    (ii) All rope which has been idle for a period of a month or more 
due to shutdown or storage of a crane on which it is installed shall be 
given a thorough inspection before it is used. This inspection shall be 
for all types of deterioration and shall be performed by an appointed or 
authorized person whose approval shall be required for further use of 
the rope. A certification record which includes the date of inspection, 
the signature of the person who performed the inspection, and an 
identifier for the rope which was inspected shall be prepared and kept 
readily available.
    (iii) Particular care shall be taken in the inspection of 
nonrotating rope.
    (h) Handling the load--(1) Size of load. (i) No crane shall be 
loaded beyond the rated load, except for test purposes as provided in 
paragraph (e) of this section.
    (ii) When loads which are limited by structural competence rather 
than by stability are to be handled, it shall be ascertained that the 
weight of the load has been determined within plus or minus 10 percent 
before it is lifted.
    (2) Attaching the load. (i) The hoist rope shall not be wrapped 
around the load.
    (ii) The load shall be attached to the hook by means of slings or 
other approved devices.
    (3) Moving the load. (i) The employer shall assure that:
    (a) The crane is level and where necessary blocked properly.
    (b) The load is well secured and properly balanced in the sling or 
lifting device before it is lifted more than a few inches.
    (ii) Before starting to hoist, the following conditions shall be 
noted:
    (a) Hoist rope shall not be kinked.
    (b) Multiple part lines shall not be twisted around each other.
    (c) The hook shall be brought over the load in such a manner as to 
prevent swinging.
    (iii) During hoisting care shall be taken that:
    (a) There is no sudden acceleration or deceleration of the moving 
load.
    (b) The load does not contact any obstructions.
    (iv) Side loading of booms shall be limited to freely suspended 
loads. Cranes shall not be used for dragging loads sideways.

[[Page 581]]

    (v) No hoisting, lowering, swinging, or traveling shall be done 
while anyone is on the load or hook.
    (vi) The operator should avoid carrying loads over people.
    (vii) On truck-mounted cranes, no loads shall be lifted over the 
front area except as approved by the crane manufacturer.
    (viii) The operator shall test the brakes each time a load 
approaching the rated load is handled by raising it a few inches and 
applying the brakes.
    (ix) Outriggers shall be used when the load to be handled at that 
particular radius exceeds the rated load without outriggers as given by 
the manufacturer for that crane. Where floats are used they shall be 
securely attached to the outriggers. Wood blocks used to support 
outriggers shall:
    (a) Be strong enough to prevent crushing.
    (b) Be free from defects.
    (c) Be of sufficient width and length to prevent shifting or 
toppling under load.
    (x) Neither the load nor the boom shall be lowered below the point 
where less than two full wraps of rope remain on their respective drums.
    (xi) Before lifting loads with locomotive cranes without using 
outriggers, means shall be applied to prevent the load from being 
carried by the truck springs.
    (xii) When two or more cranes are used to lift one load, one 
designated person shall be responsible for the operation. He shall be 
required to analyze the operation and instruct all personnel involved in 
the proper positioning, rigging of the load, and the movements to be 
made.
    (xiii) In transit the following additional precautions shall be 
exercised:
    (a) The boom shall be carried in line with the direction of motion.
    (b) The superstructure shall be secured against rotation, except 
when negotiating turns when there is an operator in the cab or the boom 
is supported on a dolly.
    (c) The empty hook shall be lashed or otherwise restrained so that 
it cannot swing freely.
    (xiv) Before traveling a crane with load, a designated person shall 
be responsible for determining and controlling safety. Decisions such as 
position of load, boom location, ground support, travel route, and speed 
of movement shall be in accord with his determinations.
    (xv) A crane with or without load shall not be traveled with the 
boom so high that it may bounce back over the cab.
    (xvi) When rotating the crane, sudden starts and stops shall be 
avoided. Rotational speed shall be such that the load does not swing out 
beyond the radii at which it can be controlled. A tag or restraint line 
shall be used when rotation of the load is hazardous.
    (xvii) When a crane is to be operated at a fixed radius, the boom-
hoist pawl or other positive locking device shall be engaged.
    (xviii) Ropes shall not be handled on a winch head without the 
knowledge of the operator.
    (xix) While a winch head is being used, the operator shall be within 
convenient reach of the power unit control lever.
    (4) Holding the load. (i) The operator shall not be permitted to 
leave his position at the controls while the load is suspended.
    (ii) No person should be permitted to stand or pass under a load on 
the hook.
    (iii) If the load must remain suspended for any considerable length 
of time, the operator shall hold the drum from rotating in the lowering 
direction by activating the positive controllable means of the 
operator's station.
    (i) Other requirements--(1) Rail clamps. Rail clamps shall not be 
used as a means of restraining tipping of a locomotive crane.
    (2) Ballast or counterweight. Cranes shall not be operated without 
the full amount of any ballast or counterweight in place as specified by 
the maker, but truck cranes that have dropped the ballast or 
counterweight may be operated temporarily with special care and only for 
light loads without full ballast or counterweight in place. The ballast 
or counterweight in place specified by the manufacturer shall not be 
exceeded.
    (3) Cabs. (i) Necessary clothing and personal belongings shall be 
stored in such a manner as to not interfere with access or operation.

[[Page 582]]

    (ii) Tools, oil cans, waste, extra fuses, and other necessary 
articles shall be stored in the tool box, and shall not be permitted to 
lie loose in or about the cab.
    (4) Refueling. (i) Refueling with small portable containers shall be 
done with an approved safety type can equipped with an automatic closing 
cap and flame arrester. Refer to Sec.  1910.155(c)(3) for definition of 
approved.
    (ii) Machines shall not be refueled with the engine running.
    (5) Fire extinguishers. (i) A carbon dioxide, dry chemical, or 
equivalent fire extinguisher shall be kept in the cab or vicinity of the 
crane.
    (ii) Operating and maintenance personnel shall be made familiar with 
the use and care of the fire extinguishers provided.
    (6) Swinging locomotive cranes. A locomotive crane shall not be 
swung into a position where railway cars on an adjacent track might 
strike it, until it has been ascertained that cars are not being moved 
on the adjacent track and proper flag protection has been established.
    (j) Operations near overhead lines. For operations near overhead 
electric lines, see Sec.  1910.333(c)(3).

[39 FR 23502, June 27, 1974, as amended at 49 FR 5323, Feb. 10, 1984; 51 
FR 34561, Sept. 29, 1986; 53 FR 12122, Apr. 12, 1988; 55 FR 32015, Aug. 
6, 1990; 61 FR 9239, Mar. 7, 1996]



Sec.  1910.181  Derricks.

    (a) Definitions applicable to this section. (1) A derrick is an 
apparatus consisting of a mast or equivalent member held at the head by 
guys or braces, with or without a boom, for use with a hoisting 
mechanism and operating ropes.
    (2) A-frame derrick means a derrick in which the boom is hinged from 
a cross member between the bottom ends of two upright members spread 
apart at the lower ends and joined at the top; the boom point secured to 
the junction of the side members, and the side members are braced or 
guyed from this junction point.
[GRAPHIC] [TIFF OMITTED] TC27OC91.037

    (3) A basket derrick is a derrick without a boom, similar to a gin 
pole, with its base supported by ropes attached to corner posts or other 
parts of the structure. The base is at a lower elevation than its 
supports. The location of the base of a basket derrick can be changed by 
varying the length of the rope supports. The top of the pole is secured 
with multiple reeved guys to position the top of the pole to the desired 
location by varying the length of the upper guy lines. The load is 
raised and lowered by ropes through a sheave or block secured to the top 
of the pole.
[GRAPHIC] [TIFF OMITTED] TC27OC91.038

    (4) Breast derrick means a derrick without boom. The mast consists 
of two side members spread farther apart at the base than at the top and 
tied together at top and bottom by rigid members. The mast is prevented 
from tipping forward by guys connected to its top. The load is raised 
and lowered by ropes through a sheave or block secured to the top 
crosspiece.

[[Page 583]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.039

    (5) Chicago boom derrick means a boom which is attached to a 
structure, an outside upright member of the structure serving as the 
mast, and the boom being stepped in a fixed socket clamped to the 
upright. The derrick is complete with load, boom, and boom point swing 
line falls.
[GRAPHIC] [TIFF OMITTED] TC27OC91.040

    (6) A gin pole derrick is a derrick without a boom. Its guys are so 
arranged from its top as to permit leaning the mast in any direction. 
The load is raised and lowered by ropes reeved through sheaves or blocks 
at the top of the mast.
[GRAPHIC] [TIFF OMITTED] TC27OC91.041

    (7) Guy derrick means a fixed derrick consisting of a mast capable 
of being rotated, supported in a vertical position by guys, and a boom 
whose bottom end is hinged or pivoted to move in a vertical plane with a 
reeved rope between the head of the mast and the boom point for raising 
and lowering the boom, and a reeved rope from the boom point for raising 
and lowering the load.
[GRAPHIC] [TIFF OMITTED] TC27OC91.042

    (8) Shearleg derrick means a derrick without a boom and similar to a 
breast derrick. The mast, wide at the bottom and narrow at the top, is 
hinged at the bottom and has its top secured by a multiple reeved guy to 
permit handling loads at various radii by means of load tackle suspended 
from the mast top.
    (9) A stiffleg derrick is a derrick similar to a guy derrick except 
that the mast is supported or held in place by two or more stiff 
members, called stifflegs, which are capable of resisting either tensile 
or compressive forces. Sills are generally provided to connect the lower 
ends of the stifflegs to the foot of the mast.

[[Page 584]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.043

    (10) Appointed means assigned specific responsibilities by the 
employer or the employer's representative.
    (11) ANSI means the American National Standards Institute.
    (12) A boom is a timber or metal section or strut, pivoted or hinged 
at the heel (lower end) at a location fixed in height on a frame or mast 
or vertical member, and with its point (upper end) supported by chains, 
ropes, or rods to the upper end of the frame, mast, or vertical member. 
A rope for raising and lowering the load is reeved through sheaves or a 
block at the boom point. The length of the boom shall be taken as the 
straight line distance between the axis of the foot pin and the axis of 
the boom point sheave pin, or where used, the axis of the upper load 
block attachment pin.
    (13) Boom harness means the block and sheave arrangement on the boom 
point to which the topping lift cable is reeved for lowering and raising 
the boom.
    (14) The boom point is the outward end of the top section of the 
boom.
    (15) Derrick bullwheel means a horizontal ring or wheel, fastened to 
the foot of a derrick, for the purpose of turning the derrick by means 
of ropes leading from this wheel to a powered drum.
    (16) Designated means selected or assigned by the employer or 
employer's representative as being qualified to perform specific duties.
    (17) Eye means a loop formed at the end of a rope by securing the 
dead end to the live end at the base of the loop.
    (18) A fiddle block is a block consisting of two sheaves in the same 
plane held in place by the same cheek plates.
    (19) The foot bearing or foot block (sill block) is the lower 
support on which the mast rotates.
    (20) A gudgeon pin is a pin connecting the mast cap to the mast 
allowing rotation of the mast.
    (21) A guy is a rope used to steady or secure the mast or other 
member in the desired position.
    (22) Load, working means the external load, in pounds, applied to 
the derrick, including the weight of load attaching equipment such as 
load blocks, shackles, and slings.
    (23) Load block, lower means the assembly of sheaves, pins, and 
frame suspended by the hoisting rope.
    (24) Load block, upper means the assembly of sheaves, pins, and 
frame suspended from the boom.
    (25) Mast means the upright member of the derrick.
    (26) Mast cap (spider) means the fitting at the top of the mast to 
which the guys are connected.
    (27) Reeving means a rope system in which the rope travels around 
drums and sheaves.
    (28) Rope refers to wire rope unless otherwise specified.
    (29) Safety Hook means a hook with a latch to prevent slings or load 
from accidentally slipping off the hook.
    (30) Side loading is a load applied at an angle to the vertical 
plane of the boom.
    (31) The sill is a member connecting the foot block and stiffleg or 
a member connecting the lower ends of a double member mast.
    (32) A standby derrick is a derrick not in regular service which is 
used occasionally or intermittently as required.
    (33) Stiffleg means a rigid member supporting the mast at the head.
    (34) Swing means rotation of the mast and/or boom for movements of 
loads in a horizontal direction about the axis of rotation.
    (b) General requirements--(1) Application. This section applies to 
guy, stiffleg, basket, breast, gin pole, Chicago boom and A-frame 
derricks of the stationary type, capable of handling loads at variable 
reaches and powered by hoists through systems of rope reeving, used to 
perform lifting hook

[[Page 585]]

work, single or multiple line bucket work, grab, grapple, and magnet 
work. Derricks may be permanently installed for temporary use as in 
construction work. The requirements of this section also apply to any 
modification of these types which retain their fundamental features, 
except for floating derricks.
    (2) New and existing equipment. All new derricks constructed and 
installed on or after August 31, 1971, shall meet the design 
specifications of the American National Standard Safety Code for 
Derricks, ANSI B30.6-1969, which is incorporated by reference as 
specified in Sec.  1910.6.
    (3) Designated personnel. Only designated personnel shall be 
permitted to operate a derrick covered by this section.
    (c) Load ratings--(1) Rated load marking. For permanently installed 
derricks with fixed lengths of boom, guy, and mast, a substantial, 
durable, and clearly legible rating chart shall be provided with each 
derrick and securely affixed where it is visible to personnel 
responsible for the safe operation of the equipment. The chart shall 
include the following data:
    (i) Manufacturer's approved load ratings at corresponding ranges of 
boom angle or operating radii.
    (ii) Specific lengths of components on which the load ratings are 
based.
    (iii) Required parts for hoist reeving. Size and construction of 
rope may be shown either on the rating chart or in the operating manual.
    (2) Nonpermanent installations. For nonpermanent installations, the 
manufacturer shall provide sufficient information from which capacity 
charts can be prepared for the particular installation. The capacity 
charts shall be located at the derricks or the jobsite office.
    (d) Inspection--(1) Inspection classification. (i) Prior to initial 
use all new and altered derricks shall be inspected to insure compliance 
with the provisions of this section.
    (ii) Inspection procedure for derricks in regular service is divided 
into two general classifications based upon the intervals at which 
inspection should be performed. The intervals in turn are dependent upon 
the nature of the critical components of the derrick and the degree of 
their exposure to wear, deterioration, or malfunction. The two general 
classifications are herein designated as frequent and periodic with 
respective intervals between inspections as defined below:
    (a) Frequent inspection--Daily to monthly intervals.
    (b) Periodic inspection--1- to 12-month intervals, or as specified 
by the manufacturer.
    (2) Frequent inspection. Items such as the following shall be 
inspected for defects at intervals as defined in paragraph (d)(1)(ii)(a) 
of this section or as specifically indicated, including observation 
during operation for any defects which might appear between regular 
inspections. Deficiencies shall be carefully examined for any safety 
hazard:
    (i) All control mechanisms: Inspect daily for adjustment, wear, and 
lubrication.
    (ii) All chords and lacing: Inspect daily, visually.
    (iii) Tension in guys: Daily.
    (iv) Plumb of the mast.
    (v) Deterioration or leakage in air or hydraulic systems: Daily.
    (vi) Derrick hooks for deformations or cracks; for hooks with cracks 
or having more than 15 percent in excess of normal throat opening or 
more than 10[deg] twist from the plane of the unbent hook, refer to 
paragraph (e)(3)(iii) of this section.
    (vii) Rope reeving; visual inspection for noncompliance with derrick 
manufacturer's recommendations.
    (viii) Hoist brakes, clutches, and operating levers: check daily for 
proper functioning before beginning operations.
    (ix) Electrical apparatus for malfunctioning, signs of excessive 
deterioration, dirt, and moisture accumulation.
    (3) Periodic inspection. (i) Complete inspections of the derrick 
shall be performed at intervals as generally defined in paragraph 
(d)(1)(ii)(b) of this section depending upon its activity, severity of 
service, and environment, or as specifically indicated below. These 
inspections shall include the requirements of paragraph (d)(2) of this 
section and in addition, items such as the following. Deficiencies shall 
be carefully examined and a determination

[[Page 586]]

made as to whether they constitute a safety hazard:
    (a) Structural members for deformations, cracks, and corrosion.
    (b) Bolts or rivets for tightness.
    (c) Parts such as pins, bearings, shafts, gears, sheaves, drums, 
rollers, locking and clamping devices, for wear, cracks, and distortion.
    (d) Gudgeon pin for cracks, wear, and distortion each time the 
derrick is to be erected.
    (e) Powerplants for proper performance and compliance with 
applicable safety requirements.
    (f) Hooks.
    (ii) Foundation or supports shall be inspected for continued ability 
to sustain the imposed loads.
    (4) Derricks not in regular use. (i) A derrick which has been idle 
for a period of 1 month or more, but less than 6 months, shall be given 
an inspection conforming with requirements of paragraph (d)(2) of this 
section and paragraph (g)(3) of this section before placing in service.
    (ii) A derrick which has been idle for a period of over 6 months 
shall be given a complete inspection conforming with requirements of 
paragraphs (d) (2) and (3) of this section and paragraph (g)(3) of this 
section before placing in service.
    (iii) Standby derricks shall be inspected at least semiannually in 
accordance with requirements of paragraph (d)(2) of this section and 
paragraph (g)(3) of this section.
    (e) Testing--(1) Operational tests. Prior to initial use all new and 
altered derricks shall be tested to insure compliance with this section 
including the following functions:
    (i) Load hoisting and lowering.
    (ii) Boom up and down.
    (iii) Swing.
    (iv) Operation of clutches and brakes of hoist.
    (2) Anchorages. All anchorages shall be approved by the appointed 
person. Rock and hairpin anchorages may require special testing.
    (f) Maintenance--(1) Preventive maintenance. A preventive 
maintenance program based on the derrick manufacturer's recommendations 
shall be established.
    (2) Maintenance procedure. (i) Before adjustments and repairs are 
started on a derrick the following precautions shall be taken:
    (a) The derrick to be repaired shall be arranged so it will cause 
the least interference with other equipment and operations in the area.
    (b) All hoist drum dogs shall be engaged.
    (c) The main or emergency switch shall be locked in the open 
position, if an electric hoist is used.
    (d) Warning or out of order signs shall be placed on the derrick and 
hoist.
    (e) The repairs of booms of derricks shall either be made when the 
booms are lowered and adequately supported or safely tied off.
    (f) A good communication system shall be set up between the hoist 
operator and the appointed individual in charge of derrick operations 
before any work on the equipment is started.
    (ii) After adjustments and repairs have been made the derrick shall 
not be operated until all guards have been reinstalled, safety devices 
reactivated, and maintenance equipment removed.
    (3) Adjustments and repairs. (i) Any unsafe conditions disclosed by 
inspection shall be corrected before operation of the derrick is 
resumed.
    (ii) Adjustments shall be maintained to assure correct functioning 
of components.
    (iii) Repairs or replacements shall be provided promptly as needed 
for safe operation. The following are examples of conditions requiring 
prompt repair or replacement:
    (a) Hooks showing defects described in paragraph (d)(2)(vi) of this 
section shall be discarded.
    (b) All critical parts which are cracked, broken, bent, or 
excessively worn.
    (c) [Reserved]
    (d) All replacement and repaired parts shall have at least the 
original safety factor.
    (g) Rope inspection--(1) Running ropes. A thorough inspection of all 
ropes in use shall be made at least once a month and a certification 
record which includes the date of inspection, the signature of the 
person who performed the inspection, and an identifier for the

[[Page 587]]

ropes which were inspected shall be prepared and kept on file where 
readily available. Any deterioration, resulting in appreciable loss of 
original strength shall be carefully observed and determination made as 
to whether further use of the rope would constitute a safety hazard. 
Some of the conditions that could result in an appreciable loss of 
strength are the following:
    (i) Reduction of rope diameter below nominal diameter due to loss of 
core support, internal or external corrosion, or wear of outside wires.
    (ii) A number of broken outside wires and the degree of distribution 
or concentration of such broken wires.
    (iii) Worn outside wires.
    (iv) Corroded or broken wires at end connections.
    (v) Corroded, cracked, bent, worn, or improperly applied end 
connections.
    (vi) Severe kinking, crushing, cutting, or unstranding.
    (2) Limited travel ropes. Heavy wear and/or broken wires may occur 
in sections in contact with equalizer sheaves or other sheaves where 
rope travel is limited, or with saddles. Particular care shall be taken 
to inspect ropes at these locations.
    (3) Idle ropes. All rope which has been idle for a period of a month 
or more due to shutdown or storage of a derrick on which it is installed 
shall be given a thorough inspection before it is used. This inspection 
shall be for all types of deterioration. A certification record shall be 
prepared and kept readily available which includes the date of 
inspection, the signature of the person who performed the inspection, 
and an identifier for the ropes which were inspected.
    (4) Nonrotating ropes. Particular care shall be taken in the 
inspection of nonrotating rope.
    (h) Operations of derricks. Derrick operations shall be directed 
only by the individual specifically designated for that purpose.
    (i) Handling the load--(1) Size of load. (i) No derrick shall be 
loaded beyond the rated load.
    (ii) When loads approach the maximum rating of the derrick, it shall 
be ascertained that the weight of the load has been determined within 
plus or minus 10 percent before it is lifted.
    (2) Attaching the load. (i) The hoist rope shall not be wrapped 
around the load.
    (ii) The load shall be attached to the hook by means of slings or 
other suitable devices.
    (3) Moving the load. (i) The load shall be well secured and properly 
balanced in the sling or lifting device before it is lifted more than a 
few inches.
    (ii) Before starting to hoist, the following conditions shall be 
noted:
    (a) Hoist rope shall not be kinked.
    (b) Multiple part lines shall not be twisted around each other.
    (c) The hook shall be brought over the load in such a manner as to 
prevent swinging.
    (iii) During hoisting, care shall be taken that:
    (a) There is no sudden acceleration or deceleration of the moving 
load.
    (b) Load does not contact any obstructions.
    (iv) A derrick shall not be used for side loading except when 
specifically authorized by a responsible person who has determined that 
the various structural components will not be overstressed.
    (v) No hoisting, lowering, or swinging shall be done while anyone is 
on the load or hook.
    (vi) The operator should avoid carrying loads over people.
    (vii) The operator shall test the brakes each time a load 
approaching the rated load is handled by raising it a few inches and 
applying the brakes.
    (viii) Neither the load nor boom shall be lowered below the point 
where less than two full wraps of rope remain on their respective drums.
    (ix) When rotating a derrick, sudden starts and stops shall be 
avoided. Rotational speed shall be such that the load does not swing out 
beyond the radius at which it can be controlled.
    (x) Boom and hoisting rope systems shall not be twisted.
    (4) Holding the load. (i) The operator shall not be allowed to leave 
his position at the controls while the load is suspended.
    (ii) People should not be permitted to stand or pass under a load on 
the hook.
    (iii) If the load must remain suspended for any considerable length 
of time, a dog, or pawl and ratchet, or

[[Page 588]]

other equivalent means, rather than the brake alone, shall be used to 
hold the load.
    (5) Use of winch heads. (i) Ropes shall not be handled on a winch 
head without the knowledge of the operator.
    (ii) While a winch head is being used, the operator shall be within 
convenient reach of the power unit control lever.
    (6) Securing boom. Dogs, pawls, or other positive holding mechanism 
on the hoist shall be engaged. When not in use, the derrick boom shall:
    (i) Be laid down;
    (ii) Be secured to a stationary member, as nearly under the head as 
possible, by attachment of a sling to the load block; or
    (iii) Be hoisted to a vertical position and secured to the mast.
    (j) Other requirements--(1) Guards. (i) Exposed moving parts, such 
as gears, ropes, setscrews, projecting keys, chains, chain sprockets, 
and reciprocating components, which constitute a hazard under normal 
operating conditions shall be guarded.
    (ii) Guards shall be securely fastened.
    (iii) Each guard shall be capable of supporting without permanent 
distortion, the weight of a 200-pound person unless the guard is located 
where it is impossible for a person to step on it.
    (2) Hooks. (i) Hooks shall meet the manufacturer's recommendations 
and shall not be overloaded.
    (ii) Safety latch type hooks shall be used wherever possible.
    (3) Fire extinguishers. (i) A carbon dioxide, dry chemical, or 
equivalent fire extinguisher shall be kept in the immediate vicinity of 
the derrick.
    (ii) Operating and maintenance personnel shall be familiar with the 
use and care of the fire extinguishers provided.
    (4) Refueling. (i) Refueling with portable containers shall be done 
with approved safety type containers equipped with automatic closing cap 
and flame arrester. Refer to Sec.  1910.155(c)(3) for definition of 
Approved.
    (ii) Machines shall not be refueled with the engine running.
    (5) Operations near overhead lines. For operations near overhead 
electric lines, see Sec.  1910.333(c)(3).
    (6) Cab or operating enclosure. (i) Necessary clothing and personal 
belongings shall be stored in such a manner as to not interfere with 
access or operation.
    (ii) Tools, oilcans, waste, extra fuses, and other necessary 
articles shall be stored in the toolbox, and shall not be permitted to 
lie loose in or about the cab or operating enclosure.

[37 FR 22102, Oct. 18, 1972, as amended at 38 FR 14373, June 1, 1973; 43 
FR 49750, Oct. 24, 1978; 49 FR 5323, Feb. 10, 1984; 51 FR 34561, Sept. 
29, 1986; 53 FR 12122, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 61 FR 
9240, Mar. 7, 1996]



Sec.  1910.183  Helicopters.

    (a) [Reserved]
    (b) Briefing. Prior to each day's operation a briefing shall be 
conducted. This briefing shall set forth the plan of operation for the 
pilot and ground personnel.
    (c) Slings and tag lines. Loads shall be properly slung. Tag lines 
shall be of a length that will not permit their being drawn up into the 
rotors. Pressed sleeve, swedged eyes, or equivalent means shall be used 
for all freely suspended loads to prevent hand splices from spinning 
open or cable clamps from loosening.
    (d) Cargo hooks. All electrically operated cargo hooks shall have 
the electrical activating device so designed and installed as to prevent 
inadvertent operation. In addition, these cargo hooks shall be equipped 
with an emergency mechanical control for releasing the load. The 
employer shall ensure that the hooks are tested prior to each day's 
operation by a competent person to determine that the release functions 
properly, both electrically and mechanically.
    (e) Personal protective equipment. (1) Personal protective equipment 
shall be provided and the employer shall ensure its use by employees 
receiving the load. Personal protective equipment shall consist of 
complete eye protection and hardhats secured by chinstraps.
    (2) Loose-fitting clothing likely to flap in rotor downwash, and 
thus be snagged on the hoist line, may not be worn.
    (f) Loose gear and objects. The employer shall take all necessary 
precautions to protect employees from flying objects in the rotor 
downwash.

[[Page 589]]

All loose gear within 100 feet of the place of lifting the load or 
depositing the load, or within all other areas susceptible to rotor 
downwash, shall be secured or removed.
    (g) Housekeeping. Good housekeeping shall be maintained in all 
helicopter loading and unloading areas.
    (h) Load safety. The size and weight of loads, and the manner in 
which loads are connected to the helicopter shall be checked. A lift may 
not be made if the helicopter operator believes the lift cannot be made 
safely.
    (i) Hooking and unhooking loads. When employees perform work under 
hovering craft, a safe means of access shall be provided for employees 
to reach the hoist line hook and engage or disengage cargo slings. 
Employees may not be permitted to perform work under hovering craft 
except when necessary to hook or unhook loads.
    (j) Static charge. Static charge on the suspended load shall be 
dissipated with a grounding device before ground personnel touch the 
suspended load, unless protective rubber gloves are being worn by all 
ground personnel who may be required to touch the suspended load.
    (k) Weight limitation. The weight of an external load shall not 
exceed the helicopter manufacturer's rating.
    (l) Ground lines. Hoist wires or other gear, except for pulling 
lines or conductors that are allowed to ``pay out'' from a container or 
roll off a reel, shall not be attached to any fixed ground structure, or 
allowed to foul on any fixed structure.
    (m) Visibility. Ground personnel shall be instructed and the 
employer shall ensure that when visibility is reduced by dust or other 
conditions, they shall exercise special caution to keep clear of main 
and stabilizing rotors. Precautions shall also be taken by the employer 
to eliminate, as far as practical, the dust or other conditions reducing 
the visibility.
    (n) Signal systems. The employer shall instruct the aircrew and 
ground personnel on the signal systems to be used and shall review the 
system with the employees in advance of hoisting the load. This applies 
to both radio and hand signal systems. Hand signals, where used, shall 
be as shown in Figure N-1.
    (o) Approach distance. No employee shall be permitted to approach 
within 50 feet of the helicopter when the rotor blades are turning, 
unless his work duties require his presence in that area.
    (p) Approaching helicopter. The employer shall instruct employees, 
and shall ensure, that whenever approaching or leaving a helicopter 
which has its blades rotating, all employees shall remain in full view 
of the pilot and keep in a crouched position. No employee shall be 
permitted to work in the area from the cockpit or cabin rearward while 
blades are rotating, unless authorized by the helicopter operator to 
work there.
    (q) Personnel. Sufficient ground personnel shall be provided to 
ensure that helicopter loading and unloading operations can be performed 
safely.
    (r) Communications. There shall be constant reliable communication 
between the pilot and a designated employee of the ground crew who acts 
as a signalman during the period of loading and unloading. The signalman 
shall be clearly distinguishable from other ground personnel.
    (s) Fires. Open fires shall not be permitted in areas where they 
could be spread by the rotor downwash.

[[Page 590]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.044


[40 FR 13440, Mar. 26, 1975, as amended at 63 FR 33467, June 18, 1998]

[[Page 591]]



Sec.  1910.184  Slings.

    (a) Scope. This section applies to slings used in conjunction with 
other material handling equipment for the movement of material by 
hoisting, in employments covered by this part. The types of slings 
covered are those made from alloy steel chain, wire rope, metal mesh, 
natural or synthetic fiber rope (conventional three strand 
construction), and synthetic web (nylon, polyester, and polypropylene).
    (b) Definitions. Angle of loading is the inclination of a leg or 
branch of a sling measured from the horizontal or vertical plane as 
shown in Fig. N-184-5; provided that an angle of loading of five degrees 
or less from the vertical may be considered a vertical angle of loading.
    Basket hitch is a sling configuration whereby the sling is passed 
under the load and has both ends, end attachments, eyes or handles on 
the hook or a single master link.
    Braided wire rope is a wire rope formed by plaiting component wire 
ropes.
    Bridle wire rope sling is a sling composed of multiple wire rope 
legs with the top ends gathered in a fitting that goes over the lifting 
hook.
    Cable laid endless sling-mechanical joint is a wire rope sling made 
endless by joining the ends of a single length of cable laid rope with 
one or more metallic fittings.
    Cable laid grommet-hand tucked is an endless wire rope sling made 
from one length of rope wrapped six times around a core formed by hand 
tucking the ends of the rope inside the six wraps.
    Cable laid rope is a wire rope composed of six wire ropes wrapped 
around a fiber or wire rope core.
    Cable laid rope sling-mechanical joint is a wire rope sling made 
from a cable laid rope with eyes fabricated by pressing or swaging one 
or more metal sleeves over the rope junction.
    Choker hitch is a sling configuration with one end of the sling 
passing under the load and through an end attachment, handle or eye on 
the other end of the sling.
    Coating is an elastomer or other suitable material applied to a 
sling or to a sling component to impart desirable properties.
    Cross rod is a wire used to join spirals of metal mesh to form a 
complete fabric. (See Fig. N-184-2.)
    Designated means selected or assigned by the employer or the 
employer's representative as being qualified to perform specific duties.
    Equivalent entity is a person or organization (including an 
employer) which, by possession of equipment, technical knowledge and 
skills, can perform with equal competence the same repairs and tests as 
the person or organization with which it is equated.
    Fabric (metal mesh) is the flexible portion of a metal mesh sling 
consisting of a series of transverse coils and cross rods.
    Female handle (choker) is a handle with a handle eye and a slot of 
such dimension as to permit passage of a male handle thereby allowing 
the use of a metal mesh sling in a choker hitch. (See Fig. N-184-1.)
    Handle is a terminal fitting to which metal mesh fabric is attached. 
(See Fig. N-184-1.)
    Handle eye is an opening in a handle of a metal mesh sling shaped to 
accept a hook, shackle or other lifting device. (See Fig. N-184-1.)
    Hitch is a sling configuration whereby the sling is fastened to an 
object or load, either directly to it or around it.
    Link is a single ring of a chain.
    Male handle (triangle) is a handle with a handle eye.
    Master coupling link is an alloy steel welded coupling link used as 
an intermediate link to join alloy steel chain to master links. (See 
Fig. N-184-3.)
    Master link or gathering ring is a forged or welded steel link used 
to support all members (legs) of an alloy steel chain sling or wire rope 
sling. (See Fig. N-184-3.)
    Mechanical coupling link is a nonwelded, mechanically closed steel 
link used to attach master links, hooks, etc., to alloy steel chain.

[[Page 592]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.045


[[Page 593]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.046


[[Page 594]]


[GRAPHIC] [TIFF OMITTED] TC27OC91.047


[[Page 595]]


[GRAPHIC] [TIFF OMITTED] TR15AP19.005


[[Page 596]]


[GRAPHIC] [TIFF OMITTED] TR15AP19.006

    Proof load is the load applied in performance of a proof test.
    Proof test is a nondestructive tension test performed by the sling 
manufacturer or an equivalent entity to verify construction and 
workmanship of a sling.
    Rated capacity or working load limit is the maximum working load 
permitted by the provisions of this section.
    Reach is the effective length of an alloy steel chain sling measured 
from the top bearing surface of the upper terminal component to the 
bottom bearing surface of the lower terminal component.
    Selvage edge is the finished edge of synthetic webbing designed to 
prevent unraveling.
    Sling is an assembly which connects the load to the material 
handling equipment.
    Sling manufacturer is a person or organization that assembles sling 
components into their final form for sale to users.

[[Page 597]]

    Spiral is a single transverse coil that is the basic element from 
which metal mesh is fabricated. (See Fig. N-184-2.)
    Strand laid endless sling-mechanical joint is a wire rope sling made 
endless from one length of rope with the ends joined by one or more 
metallic fittings.
    Strand laid grommet-hand tucked is an endless wire rope sling made 
from one length of strand wrapped six times around a core formed by hand 
tucking the ends of the strand inside the six wraps.
    Strand laid rope is a wire rope made with strands (usually six or 
eight) wrapped around a fiber core, wire strand core, or independent 
wire rope core (IWRC).
    Vertical hitch is a method of supporting a load by a single, 
vertical part or leg of the sling. (See Fig. N-184-4.)
    (c) Safe operating practices. Whenever any sling is used, the 
following practices shall be observed:
    (1) Slings that are damaged or defective shall not be used.
    (2) Slings shall not be shortened with knots or bolts or other 
makeshift devices.
    (3) Sling legs shall not be kinked.
    (4) Slings shall not be loaded in excess of their rated capacities.
    (5) Slings used in a basket hitch shall have the loads balanced to 
prevent slippage.
    (6) Slings shall be securely attached to their loads.
    (7) Slings shall be padded or protected from the sharp edges of 
their loads.
    (8) Suspended loads shall be kept clear of all obstructions.
    (9) All employees shall be kept clear of loads about to be lifted 
and of suspended loads.
    (10) Hands or fingers shall not be placed between the sling and its 
load while the sling is being tightened around the load.
    (11) Shock loading is prohibited.
    (12) A sling shall not be pulled from under a load when the load is 
resting on the sling.
    (13) Employers must not load a sling in excess of its recommended 
safe working load as prescribed by the sling manufacturer on the 
identification markings permanently affixed to the sling.
    (14) Employers must not use slings without affixed and legible 
identification markings.
    (d) Inspections. Each day before being used, the sling and all 
fastenings and attachments shall be inspected for damage or defects by a 
competent person designated by the employer. Additional inspections 
shall be performed during sling use, where service conditions warrant. 
Damaged or defective slings shall be immediately removed from service.
    (e) Alloy steel chain slings--(1) Sling identification. Alloy steel 
chain slings shall have permanently affixed durable identification 
stating size, grade, rated capacity, and reach.
    (2) Attachments. (i) Hooks, rings, oblong links, pear shaped links, 
welded or mechanical coupling links or other attachments shall have a 
rated capacity at least equal to that of the alloy steel chain with 
which they are used or the sling shall not be used in excess of the 
rated capacity of the weakest component.
    (ii) Makeshift links or fasteners formed from bolts or rods, or 
other such attachments, shall not be used.
    (3) Inspections. (i) In addition to the inspection required by 
paragraph (d) of this section, a thorough periodic inspection of alloy 
steel chain slings in use shall be made on a regular basis, to be 
determined on the basis of (A) frequency of sling use; (B) severity of 
service conditions; (C) nature of lifts being made; and (D) experience 
gained on the service life of slings used in similar circumstances. Such 
inspections shall in no event be at intervals greater than once every 12 
months.
    (ii) The employer shall make and maintain a record of the most 
recent month in which each alloy steel chain sling was thoroughly 
inspected, and shall make such record available for examination.
    (iii) The thorough inspection of alloy steel chain slings shall be 
performed by a competent person designated by the employer, and shall 
include a thorough inspection for wear, defective welds, deformation and 
increase in length. Where such defects or deterioration are present, the 
sling shall be immediately removed from service.

[[Page 598]]

    (4) Proof testing. The employer shall ensure that before use, each 
new, repaired, or reconditioned alloy steel chain sling, including all 
welded components in the sling assembly, shall be proof tested by the 
sling manufacturer or equivalent entity, in accordance with paragraph 
5.2 of the American Society of Testing and Materials Specification A391-
65, which is incorporated by reference as specified in Sec.  1910.6 
(ANSI G61.1-1968). The employer shall retain a certificate of the proof 
test and shall make it available for examination.
    (5) [Reserved]
    (6) Safe operating temperatures. Employers must permanently remove 
an alloy steel-chain slings from service if it is heated above 1000 
degrees F. When exposed to service temperatures in excess of 600 degrees 
F, employers must reduce the maximum working-load limits permitted by 
the chain manufacturer in accordance with the chain or sling 
manufacturer's recommendations.
    (7) Repairing and reconditioning alloy steel chain slings. (i) Worn 
or damaged alloy steel chain slings or attachments shall not be used 
until repaired. When welding or heat testing is performed, slings shall 
not be used unless repaired, reconditioned and proof tested by the sling 
manufacturer or an equivalent entity.
    (ii) Mechanical coupling links or low carbon steel repair links 
shall not be used to repair broken lengths of chain.
    (8) Effect of wear. If the chain size at any point of the link is 
less than that stated in Table N-184-1, the employer must remove the 
chain from service.
    (9) Deformed attachments. (i) Alloy steel chain slings with cracked 
or deformed master links, coupling links or other components shall be 
removed from service.

    Table N-184-1--Minimum Allowable Chain Size At Any Point of Link
------------------------------------------------------------------------
                                        Minimum allowable chain size,
         Chain size, inches                         inches
------------------------------------------------------------------------
                  \1/4\                              \13/64\
                  \3/8\                              \19/64\
                  \1/2\                              \25/64\
                  \5/8\                              \31/64\
                  \3/4\                              \19/32\
                  \7/8\                              4\5/64\
                      1                              \13/16\
                 1\1/8\                              \29/32\
                 1\1/4\                                    1
                 1\3/8\                              1\3/32\
                 1\1/2\                              1\3/16\
                 1\3/4\                             1\13/32\
------------------------------------------------------------------------

    (ii) Slings shall be removed from service if hooks are cracked, have 
been opened more than 15 percent of the normal throat opening measured 
at the narrowest point or twisted more than 10 degrees from the plane of 
the unbent hook.
    (f) Wire-rope slings--(1) Sling use. Employers must use only wire-
rope slings that have permanently affixed and legible identification 
markings as prescribed by the manufacturer, and that indicate the 
recommended safe working load for the type(s) of hitch(es) used, the 
angle upon which it is based, and the number of legs if more than one.
    (2) Minimum sling lengths. (i) Cable laid and 6 x 19 and 6 x 37 
slings shall have a minimum clear length of wire rope 10 times the 
component rope diameter between splices, sleeves or end fittings.
    (ii) Braided slings shall have a minimum clear length of wire rope 
40 times the component rope diameter between the loops or end fittings.
    (iii) Cable laid grommets, strand laid grommets and endless slings 
shall have a minimum circumferential length of 96 times their body 
diameter.
    (3) Safe operating temperatures. Fiber core wire rope slings of all 
grades shall be permanently removed from service if they are exposed to 
temperatures in excess of 200 [deg]F. When nonfiber core wire rope 
slings of any grade are used at temperatures above 400 [deg]F or below 
minus 60 [deg]F, recommendations of the sling manufacturer regarding use 
at that temperature shall be followed.
    (4) End attachments. (i) Welding of end attachments, except covers 
to thimbles, shall be performed prior to the assembly of the sling.
    (ii) All welded end attachments shall not be used unless proof 
tested by the manufacturer or equivalent entity at

[[Page 599]]

twice their rated capacity prior to initial use. The employer shall 
retain a certificate of the proof test, and make it available for 
examination.
    (5) Removal from service. Wire rope slings shall be immediately 
removed from service if any of the following conditions are present:
    (i) Ten randomly distributed broken wires in one rope lay, or five 
broken wires in one strand in one rope lay.
    (ii) Wear or scraping of one-third the original diameter of outside 
individual wires.
    (iii) Kinking, crushing, bird caging or any other damage resulting 
in distortion of the wire rope structure.
    (iv) Evidence of heat damage.
    (v) End attachments that are cracked, deformed or worn.
    (vi) Hooks that have been opened more than 15 percent of the normal 
throat opening measured at the narrowest point or twisted more than 10 
degrees from the plane of the unbent hook.
    (vii) Corrosion of the rope or end attachments.
    (g) Metal mesh slings--(1) Sling marking. Each metal mesh sling 
shall have permanently affixed to it a durable marking that states the 
rated capacity for vertical basket hitch and choker hitch loadings.
    (2) Handles. Handles shall have a rated capacity at least equal to 
the metal fabric and exhibit no deformation after proof testing.
    (3) Attachments of handles to fabric. The fabric and handles shall 
be joined so that:
    (i) The rated capacity of the sling is not reduced.
    (ii) The load is evenly distributed across the width of the fabric.
    (iii) Sharp edges will not damage the fabric.
    (4) Sling coatings. Coatings which diminish the rated capacity of a 
sling shall not be applied.
    (5) Sling testing. All new and repaired metal mesh slings, including 
handles, shall not be used unless proof tested by the manufacturer or 
equivalent entity at a minimum of 1\1/2\ times their rated capacity. 
Elastomer impregnated slings shall be proof tested before coating.
    (6) [Reserved]
    (7) Safe operating temperatures. Metal mesh slings which are not 
impregnated with elastomers may be used in a temperature range from 
minus 20 [deg]F to plus 550 [deg]F without decreasing the working load 
limit. Metal mesh slings impregnated with polyvinyl chloride or neoprene 
may be used only in a temperature range from zero degrees to plus 200 
[deg]F. For operations outside these temperature ranges or for metal 
mesh slings impregnated with other materials, the sling manufacturer's 
recommendations shall be followed.
    (8) Repairs. (i) Metal mesh slings which are repaired shall not be 
used unless repaired by a metal mesh sling manufacturer or an equivalent 
entity.
    (ii) Once repaired, each sling shall be permanently marked or 
tagged, or a written record maintained, to indicate the date and nature 
of the repairs and the person or organization that performed the 
repairs. Records of repairs shall be made available for examination.
    (9) Removal from service. Metal mesh slings shall be immediately 
removed from service if any of the following conditions are present:
    (i) A broken weld or broken brazed joint along the sling edge.
    (ii) Reduction in wire diameter of 25 per cent due to abrasion or 15 
per cent due to corrosion.
    (iii) Lack of flexibility due to distortion of the fabric.
    (iv) Distortion of the female handle so that the depth of the slot 
is increased more than 10 per cent.
    (v) Distortion of either handle so that the width of the eye is 
decreased more than 10 per cent.
    (vi) A 15 percent reduction of the original cross sectional area of 
metal at any point around the handle eye.
    (vii) Distortion of either handle out of its plane.
    (h) Natural and synthetic fiber-rope slings--(1) Sling use. 
Employers must use natural and synthetic fiber-rope slings that have 
permanently affixed and legible identification markings stating the 
rated capacity for the type(s) of hitch(es) used and the angle upon 
which it is based, type of fiber material, and the number of legs if 
more than one.

[[Page 600]]

    (2) Safe operating temperatures. Natural and synthetic fiber rope 
slings, except for wet frozen slings, may be used in a temperature range 
from minus 20 [deg]F to plus 180 [deg]F without decreasing the working 
load limit. For operations outside this temperature range and for wet 
frozen slings, the sling manufacturer's recommendations shall be 
followed.
    (3) Splicing. Spliced fiber rope slings shall not be used unless 
they have been spliced in accordance with the following minimum 
requirements and in accordance with any additional recommendations of 
the manufacturer:
    (i) In manila rope, eye splices shall consist of at least three full 
tucks, and short splices shall consist of at least six full tucks, three 
on each side of the splice center line.
    (ii) In synthetic fiber rope, eye splices shall consist of at least 
four full tucks, and short splices shall consist of at least eight full 
tucks, four on each side of the center line.
    (iii) Strand end tails shall not be trimmed flush with the surface 
of the rope immediately adjacent to the full tucks. This applies to all 
types of fiber rope and both eye and short splices. For fiber rope under 
one inch in diameter, the tail shall project at least six rope diameters 
beyond the last full tuck. For fiber rope one inch in diameter and 
larger, the tail shall project at least six inches beyond the last full 
tuck. Where a projecting tail interferes with the use of the sling, the 
tail shall be tapered and spliced into the body of the rope using at 
least two additional tucks (which will require a tail length of 
approximately six rope diameters beyond the last full tuck).
    (iv) Fiber rope slings shall have a minimum clear length of rope 
between eye splices equal to 10 times the rope diameter.
    (v) Knots shall not be used in lieu of splices.
    (vi) Clamps not designed specifically for fiber ropes shall not be 
used for splicing.
    (vii) For all eye splices, the eye shall be of such size to provide 
an included angle of not greater than 60 degrees at the splice when the 
eye is placed over the load or support.
    (4) End attachments. Fiber rope slings shall not be used if end 
attachments in contact with the rope have sharp edges or projections.
    (5) Removal from service. Natural and synthetic fiber rope slings 
shall be immediately removed from service if any of the following 
conditions are present:
    (i) Abnormal wear.
    (ii) Powdered fiber between strands.
    (iii) Broken or cut fibers.
    (iv) Variations in the size or roundness of strands.
    (v) Discoloration or rotting.
    (vi) Distortion of hardware in the sling.
    (6) Repairs. Only fiber rope slings made from new rope shall be 
used. Use of repaired or reconditioned fiber rope slings is prohibited.
    (i) Synthetic web slings--(1) Sling identification. Each sling shall 
be marked or coded to show the rated capacities for each type of hitch 
and type of synthetic web material.
    (2) Webbing. Synthetic webbing shall be of uniform thickness and 
width and selvage edges shall not be split from the webbing's width.
    (3) Fittings. Fittings shall be:
    (i) Of a minimum breaking strength equal to that of the sling; and
    (ii) Free of all sharp edges that could in any way damage the 
webbing.
    (4) Attachment of end fittings to webbing and formation of eyes. 
Stitching shall be the only method used to attach end fittings to 
webbing and to form eyes. The thread shall be in an even pattern and 
contain a sufficient number of stitches to develop the full breaking 
strength of the sling.
    (5) [Reserved]
    (6) Environmental conditions. When synthetic web slings are used, 
the following precautions shall be taken:
    (i) Nylon web slings shall not be used where fumes, vapors, sprays, 
mists or liquids of acids or phenolics are present.
    (ii) Polyester and polypropylene web slings shall not be used where 
fumes, vapors, sprays, mists or liquids of caustics are present.
    (iii) Web slings with aluminum fittings shall not be used where 
fumes, vapors, sprays, mists or liquids of caustics are present.

[[Page 601]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.050

[GRAPHIC] [TIFF OMITTED] TC27OC91.051

    (7) Safe operating temperatures. Synthetic web slings of polyester 
and nylon shall not be used at temperatures in excess of 180 [deg]F. 
Polypropylene web slings shall not be used at temperatures in excess of 
200 [deg]F.
    (8) Repairs. (i) Synthetic web slings which are repaired shall not 
be used

[[Page 602]]

unless repaired by a sling manufacturer or an equivalent entity.
    (ii) Each repaired sling shall be proof tested by the manufacturer 
or equivalent entity to twice the rated capacity prior to its return to 
service. The employer shall retain a certificate of the proof test and 
make it available for examination.
    (iii) Slings, including webbing and fittings, which have been 
repaired in a temporary manner shall not be used.
    (9) Removal from service. Synthetic web slings shall be immediately 
removed from service if any of the following conditions are present:
    (i) Acid or caustic burns;
    (ii) Melting or charring of any part of the sling surface;
    (iii) Snags, punctures, tears or cuts;
    (iv) Broken or worn stitches; or
    (v) Distortion of fittings.

[40 FR 27369, June 27, 1975, as amended at 40 FR 31598, July 28, 1975; 
41 FR 13353, Mar. 30, 1976; 58 FR 35309, June 30, 1993; 61 FR 9240, Mar. 
7, 1996; 76 FR 33607, June 8, 2011; 84 FR 15105, Apr. 15, 2019]



                Subpart O_Machinery and Machine Guarding

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 
12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 
9033), 5-2002 (67 FR 65008), or 1-2012 (77 FR 3912), as applicable; 20 
CFR part 1911. Sections 1910.217 and 1910.219 also issued under 5 U.S.C. 
553.



Sec.  1910.211  Definitions.

    (a) As used in Sec. Sec.  1910.213 and 1910.214 unless the context 
clearly requires otherwise, the following woodworking machinery terms 
shall have the meaning prescribed in this paragraph.
    (1) Point of operations means that point at which cutting, shaping, 
boring, or forming is accomplished upon the stock.
    (2) Push stick means a narrow strip of wood or other soft material 
with a notch cut into one end and which is used to push short pieces of 
material through saws.
    (3) Block means a short block of wood, provided with a handle 
similar to that of a plane and a shoulder at the rear end, which is used 
for pushing short stock over revolving cutters.
    (b) As used in Sec.  1910.215 unless the context clearly requires 
otherwise, the following abrasive wheel machinery terms shall have the 
meanings prescribed in this paragraph.
    (1) Type 1 straight wheels means wheels having diameter, thickness, 
and hole size dimensions, and they should be used only on the periphery. 
Type 1 wheels shall be mounted between flanges.

    Limitation: Hole dimension (H) should not be greater than two-thirds 
of wheel diameter dimension (D) for precision, cylindrical, centerless, 
or surface grinding applications. Maximum hole size for all other 
applications should not exceed one-half wheel diameter.
                 Figure No. 0-1--Type 1 Straight Wheels
[GRAPHIC] [TIFF OMITTED] TC27OC91.052

                         Type 1--Straight Wheel

    Peripheral grinding wheel having a diameter, thickness and hole.

    (2) Type 2 cylinder wheels means wheels having diameter, wheel 
thickness, and rim thickness dimensions. Grinding is performed on the 
rim face only, dimension W. Cylinder wheels may be plain, plate mounted, 
inserted nut, or of the projecting stud type.

    Limitation: Rim height, T dimension, is generally equal to or 
greater than rim thickness, W dimension.
                 Figure No. 0-2--Type 2 Cylinder Wheels
[GRAPHIC] [TIFF OMITTED] TC27OC91.053

                         Type 2--Cylinder Wheel
Side grinding wheel having a diameter, thickness and wall--wheel is 
mounted on the diameter.


[[Page 603]]


    (3) Type 6 straight cup wheels means wheels having diameter, 
thickness, hole size, rim thickness, and back thickness dimensions. 
Grinding is always performed on rim face, W dimension.

    Limitation: Minimum back thickness, E dimension, should not be less 
than one-fourth T dimension. In addition, when unthreaded hole wheels 
are specified, the inside flat, K dimension, must be large enough to 
accommodate a suitable flange.
               Figure No. 0-3--Type 6 Straight Cup Wheels
[GRAPHIC] [TIFF OMITTED] TC27OC91.054

                       Type 6--Straight-cup Wheel
Side grinding wheel having a diameter, thickness and hole with one side 
straight or flat and the opposite side recessed. This type, however, 
differs from Type 5 in that the grinding is performed on the wall of the 
abrasive created by the difference between the diameter of the recess 
and the outside diameter of the wheel. Therefore, the wall dimension 
``W'' takes precedence over the diameter of the recess as an essential 
intermediate dimension to describe this shape type.

    (4) Type 11 flaring cup wheels mean wheels having double diameter 
dimensions D and J, and in addition have thickness, hole size, rim and 
back thickness dimensions. Grinding is always performed on rim face, W 
dimension. Type 11 wheels are subject to all limitations of use and 
mounting listed for type 6 straight sided cup wheels definition.

    Limitation: Minimum back thickness, E dimension, should not be less 
than one-fourth T dimension. In addition when unthreaded hole wheels are 
specified the inside flat, K dimension, shall be large enough to 
accommodate a suitable flange.
               Figure No. 0-4--Type 11 Flaring Cup Wheels
[GRAPHIC] [TIFF OMITTED] TC27OC91.055

                       Type 11--Flaring-cup Wheel
Side grinding wheel having a wall flared or tapered outward from the 
back. Wall thickness at the back is normally greater than at the 
grinding face (W).

    (5) Modified types 6 and 11 wheels (terrazzo) mean some type 6 and 
11 cup wheels used in the terrazzo trade having tapered K dimensions to 
match a special tapered flange furnished by the machine builder.

    Limitation: These wheels shall be mounted only with a special 
tapered flange.
                             Figure No. 0-5
[GRAPHIC] [TIFF OMITTED] TC27OC91.056

 Typical examples of modified types 6 and 11 wheels (terrazzo) showing 
                          tapered K dimensions.
    (6) Types 27 and 28 depressed center wheels mean wheels having 
diameter, thickness, and hole size dimensions. Both types are 
reinforced, organic bonded wheels having offset hubs which permit side 
and peripheral grinding operations without interference with the 
mounting. Type 27 wheels are manufactured with flat grinding rims 
permitting notching and cutting operations. Type 28 wheels have saucer 
shaped grinding rims.
    (i) Limitations: Special supporting, back adapter and inside flange 
nuts are required for the proper mounting of these types of wheels 
subject to limitations of Sec.  1910.215(c)(4) (i) and (ii).

[[Page 604]]

    (ii) Mounts which are affixed to the wheel by the manufacturer may 
not require an inside nut and shall not be reused.
    (7) Type 27A depressed center, cutting-off wheels mean wheels having 
diameter, thickness, and hole size dimensions. They are reinforced, 
organic bonded, offset hub type wheels, usually 16 inches diameter and 
larger, specially designed for use on cutting-off machines where 
mounting nut or outer flange interference cannot be tolerated.

    Limitations: See Sec.  1910.215(c)(1).

    (8) Surface feet per minute (s.f.p.m.) means the distance in feet 
any one abrasive grain on the peripheral surface of a grinding wheel 
travels in 1 minute.

Surface Feet Per Minute = 3.1416 x diameter in inches x r.p.m. / 12 or 
          .262 x diameter in inches x r.p.m.

    Examples: (a) 24-inch diameter wheel, 1,000 revolutions per minute. 
Surface Feet per minute .262 x 24 x 1,000 = 6,288 s.f.p.m.
    (b) 12-inch diameter wheel, 1,000 revolutions per minute. Surface 
Feet per minute .262 x 12 x 1,000 = 3,144 s.f.p.m.

    (9) Flanges means collars, discs or plates between which wheels are 
mounted and are referred to as adaptor, sleeve, or back up type. See 
paragraph (c) of Sec.  1910.215 for full description.
    (10) Snagging means grinding which removes relatively large amounts 
of material without regard to close tolerances or surface finish 
requirements.
    (11) Off-hand grinding means the grinding of any material or part 
which is held in the operator's hand.
    (12) Safety guard means an enclosure designed to restrain the pieces 
of the grinding wheel and furnish all possible protection in the event 
that the wheel is broken in operation. See paragraph (b) of Sec.  
1910.215.
    (13) Cutting off wheels means wheels having diameter thickness and 
hole size dimensions and are subject to all limitations of mounting and 
use listed for type 1 wheels, the definition in subparagraph (1) of this 
paragraph and paragraph (d) of Sec.  1910.215. They may be steel 
centered, diamond abrasive or organic bonded abrasive of the plain or 
reinforced type.
    (i) Limitation: Cutting off wheels are recommended only for use on 
specially designed and fully guarded machines and are subject to the 
following maximum thickness and hole size limitations.

------------------------------------------------------------------------
                                                                 Max.
                       Wheel diameter                          thickness
                                                                (inch)
------------------------------------------------------------------------
6 inch and smaller..........................................      \3/18\
Larger than 6 inches to 12 inches...........................       \1/4\
Larger than 12 inches to 23 inches..........................       \3/8\
Larger than 23 inches.......................................       \1/2\
------------------------------------------------------------------------

    (ii) Maximum hole size for cutting-off wheels should not be larger 
than \1/4\-wheel diameter.
    (14) Abrasive wheel means a cutting tool consisting of abrasive 
grains held together by organic or inorganic bonds. Diamond and 
reinforced wheels are included.
    (15) Organic wheels means wheels which are bonded by means of an 
organic material such as resin, rubber, shellac, or other similar 
bonding agent.
    (16) Inorganic wheels means wheels which are bonded by means of 
inorganic material such as clay, glass, porcelain, sodium silicate, 
magnesium oxychloride, or metal. Wheels bonded with clay, glass, 
porcelain or related ceramic materials are characterized as vitrified 
bonded wheels.
    (c) As used in Sec.  1910.216, unless the context clearly requires 
otherwise, the following mills and calenders in the rubber and plastic 
industries terms shall have the meanings prescribed in this paragraph.
    (1) Bite means the nip point between any two inrunning rolls.
    (2) Calender means a machine equipped with two or more metal rolls 
revolving in opposite directions and used for continuously sheeting or 
plying up rubber and plastics compounds and for frictioning or coating 
materials with rubber and plastics compounds.
    (3) Mill means a machine consisting of two adjacent metal rolls, set 
horizontally, which revolve in opposite directions (i.e., toward each 
other as viewed from above) used for the mechanical working of rubber 
and plastics compounds.
    (d) As used in Sec.  1910.217, unless the context clearly requires 
otherwise, the following power press terms shall have

[[Page 605]]

the meaning prescribed in this paragraph.
    (1) Antirepeat means the part of the clutch/brake control system 
designed to limit the press to a single stroke if the tripping means is 
held operated. Antirepeat requires release of all tripping mechanisms 
before another stroke can be initiated. Antirepeat is also called single 
stroke reset or reset circuit.
    (2) Brake means the mechanism used on a mechanical power press to 
stop and/or hold the crankshaft, either directly or through a gear 
train, when the clutch is disengaged.
    (3) Bolster plate means the plate attached to the top of the bed of 
the press having drilled holes or T-slots for attaching the lower die or 
die shoe.
    (4) Clutch means the coupling mechanism used on a mechanical power 
press to couple the flywheel to the crankshaft, either directly or 
through a gear train.
    (5) Full revolution clutch means a type of clutch that, when 
tripped, cannot be disengaged until the crankshaft has completed a full 
revolution and the press slide a full stroke.
    (6) Part revolution clutch means a type of clutch that can be 
disengaged at any point before the crankshaft has completed a full 
revolution and the press slide a full stroke.
    (7) Direct drive means the type of driving arrangement wherein no 
clutch is used; coupling and decoupling of the driving torque is 
accomplished by energization and deenergization of a motor. Even though 
not employing a clutch, direct drives match the operational 
characteristics of ``part revolution clutches'' because the driving 
power may be disengaged during the stroke of the press.
    (8) Concurrent means acting in conjunction, and is used to describe 
a situation wherein two or more controls exist in an operated condition 
at the same time.
    (9) Continuous means uninterrupted multiple strokes of the slide 
without intervening stops (or other clutch control action) at the end of 
individual strokes.
    (10) Counterbalance means the mechanism that is used to balance or 
support the weight of the connecting rods, slide, and slide attachments.
    (11) Device means a press control or attachment that:
    (i) Restrains the operator from inadvertently reaching into the 
point of operation, or
    (ii) Prevents normal press operation if the operator's hands are 
inadvertently within the point of operation, or
    (iii) Automatically withdraws the operator's hands if the operator's 
hands are inadvertently within the point of operation as the dies close, 
or
    (iv) Prevents the initiation of a stroke, or stops of stroke in 
progress, when there is an intrusion through the sensing field by any 
part of the operator's body or by any other object.
    (12) Presence sensing device means a device designed, constructed 
and arranged to create a sensing field or area that signals the clutch/
brake control to deactivate the clutch and activate the brake of the 
press when any part of the operator's body or a hand tool is within such 
field or area.
    (13) Gate or movable barrier device means a movable barrier arranged 
to enclose the point of operation before the press stroke can be 
started.
    (14) Holdout or restraint device means a mechanism, including 
attachments for operator's hands, that when anchored and adjusted 
prevent the operator's hands from entering the point of operation.
    (15) Pull-out device means a mechanism attached to the operator's 
hands and connected to the upper die or slide of the press, that is 
designed, when properly adjusted, to withdraw the operator's hands as 
the dies close, if the operator's hands are inadvertently within the 
point of operation.
    (16) Sweep device means a single or double arm (rod) attached to the 
upper die or slide of the press and designed to move the operator's 
hands to a safe position as the dies close, if the operator's hands are 
inadvertently within the point of operation.
    (17) Two hand control device means a two hand trip that further 
requires concurrent pressure from both hands of the operator during a 
substantial part of the die-closing portion of the stroke of the press.

[[Page 606]]

    (18) Die means the tooling used in a press for cutting or forming 
material. An upper and a lower die make a complete set.
    (19) Die builder means any person who builds dies for power presses.
    (20) Die set means a tool holder held in alignment by guide posts 
and bushings and consisting of a lower shoe, an upper shoe or punch 
holder, and guide posts and bushings.
    (21) Die setter means an individual who places or removes dies in or 
from mechanical power presses, and who, as a part of his duties, makes 
the necessary adjustments to cause the tooling to function properly and 
safely.
    (22) Die setting means the process of placing or removing dies in or 
from a mechanical power press, and the process of adjusting the dies, 
other tooling and safeguarding means to cause them to function properly 
and safely.
    (23) Die shoe means a plate or block upon which a die holder is 
mounted. A die shoe functions primarily as a base for the complete die 
assembly, and, when used, is bolted or clamped to the bolster plate or 
the face of slide.
    (24) Ejector means a mechanism for removing work or material from 
between the dies.
    (25) Face of slide means the bottom surface of the slide to which 
the punch or upper die is generally attached.
    (26) Feeding means the process of placing or removing material 
within or from the point of operation.
    (27) Automatic feeding means feeding wherein the material or part 
being processed is placed within or removed from the point of operation 
by a method or means not requiring action by an operator on each stroke 
of the press.
    (28) Semiautomatic feeding means feeding wherein the material or 
part being processed is placed within or removed from the point of 
operation by an auxiliary means controlled by operator on each stroke of 
the press.
    (29) Manual feeding means feeding wherein the material or part being 
processed is handled by the operator on each stroke of the press.
    (30) Foot control means the foot operated control mechanism designed 
to be used with a clutch or clutch/brake control system.
    (31) Foot pedal means the foot operated lever designed to operate 
the mechanical linkage that trips a full revolution clutch.
    (32) Guard means a barrier that prevents entry of the operator's 
hands or fingers into the point of operation.
    (33) Die enclosure guard means an enclosure attached to the die shoe 
or stripper, or both, in a fixed position.
    (34) Fixed barrier guard means a die space barrier attached to the 
press frame.
    (35) Interlocked press barrier guard means a barrier attached to the 
press frame and interlocked so that the press stroke cannot be started 
normally unless the guard itself, or its hinged or movable sections, 
enclose the point of operation.
    (36) Adjustable barrier guard means a barrier requiring adjustment 
for each job or die setup.
    (37) Guide post means the pin attached to the upper or lower die 
shoe operating within the bushing on the opposing die shoe, to maintain 
the alignment of the upper and lower dies.
    (38) Hand feeding tool means any hand held tool designed for placing 
or removing material or parts to be processed within or from the point 
of operation.
    (39) Inch means an intermittent motion imparted to the slide (on 
machines using part revolution clutches) by momentary operation of the 
Inch operating means. Operation of the Inch operating means engages the 
driving clutch so that a small portion of one stroke or indefinite 
stroking can occur, depending upon the length of time the Inch operating 
means is held operated. Inch is a function used by the die setter for 
setup of dies and tooling, but is not intended for use during production 
operations by the operator.
    (40) Jog means an intermittent motion imparted to the slide by 
momentary operation of the drive motor, after the clutch is engaged with 
the flywheel at rest.
    (41) Knockout means a mechanism for releasing material from either 
die.
    (42) Liftout means the mechanism also known as knockout.
    (43) Operator's station means the complete complement of controls 
used by

[[Page 607]]

or available to an operator on a given operation for stroking the press.
    (44) Pinch point means any point other than the point of operation 
at which it is possible for a part of the body to be caught between the 
moving parts of a press or auxiliary equipment, or between moving and 
stationary parts of a press or auxiliary equipment or between the 
material and moving part or parts of the press or auxiliary equipment.
    (45) Point of operation means the area of the press where material 
is actually positioned and work is being performed during any process 
such as shearing, punching, forming, or assembling.
    (46) Press means a mechanically powered machine that shears, 
punches, forms or assembles metal or other material by means of cutting, 
shaping, or combination dies attached to slides. A press consists of a 
stationary bed or anvil, and a slide (or slides) having a controlled 
reciprocating motion toward and away from the bed surface, the slide 
being guided in a definite path by the frame of the press.
    (47) Repeat means an unintended or unexpected successive stroke of 
the press resulting from a malfunction.
    (48) Safety block means a prop that, when inserted between the upper 
and lower dies or between the bolster plate and the face of the slide, 
prevents the slide from falling of its own deadweight.
    (49) Single stroke means one complete stroke of the slide, usually 
initiated from a full open (or up) position, followed by closing (or 
down), and then a return to the full open position.
    (50) Single stroke mechanism means an arrangement used on a full 
revolution clutch to limit the travel of the slide to one complete 
stroke at each engagement of the clutch.
    (51) Slide means the main reciprocating press member. A slide is 
also called a ram, plunger, or platen.
    (52) Stop control means an operator control designed to immediately 
deactivate the clutch control and activate the brake to stop slide 
motion.
    (53) Stripper means a mechanism or die part for removing the parts 
or material from the punch.
    (54) Stroking selector means the part of the clutch/brake control 
that determines the type of stroking when the operating means is 
actuated. The stroking selector generally includes positions for ``Off'' 
(Clutch Control), ``Inch,'' ``Single Stroke,'' and ``Continuous'' (when 
Continuous is furnished).
    (55) Trip or (tripping) means activation of the clutch to ``run'' 
the press.
    (56) Turnover bar means a bar used in die setting to manually turn 
the crankshaft of the press.
    (57) Two-hand trip means a clutch actuating means requiring the 
concurrent use of both hands of the operator to trip the press.
    (58) Unitized tooling means a type of die in which the upper and 
lower members are incorporated into a selfcontained unit so arranged as 
to hold the die members in alignment.
    (59) Control system means sensors, manual input and mode selection 
elements, interlocking and decision-making circuitry, and output 
elements to the press operating mechanism.
    (60) Brake monitor means a sensor designed, constructed, and 
arranged to monitor the effectiveness of the press braking system.
    (61) Presence sensing device initiation means an operating mode of 
indirect manual initiation of a single stroke by a presence sensing 
device when it senses that work motions of the operator, related to 
feeding and/or removing parts, are completed and all parts of the 
operator's body or hand tools are safely clear of the point of 
operation.
    (62) Safety system means the integrated total system, including the 
pertinent elements of the press, the controls, the safeguarding and any 
required supplemental safeguarding, and their interfaces with the 
operator, and the environment, designed, constructed and arranged to 
operate together as a unit, such that a single failure or single 
operating error will not cause injury to personnel due to point of 
operation hazards.
    (63) Authorized person means one to whom the authority and 
responsibility to perform a specific assignment has been given by the 
employer.
    (64) Certification or certify means, in the case of design 
certification/validation, that the manufacturer has reviewed and tested 
the design and manufacture, and in the case of installation

[[Page 608]]

certification/validation and annual recertification/revalidation, that 
the employer has reviewed and tested the installation, and concludes in 
both cases that the requirements of Sec.  1910.217 (a) through (h) and 
appendix A have been met. The certifications are made to the validation 
organization.
    (65) Validation or validate means for PSDI safety systems that an 
OSHA recognized third-party validation organization:
    (i) For design certification/validation has reviewed the 
manufacturer's certification that the PSDI safety system meets the 
requirements of Sec.  1910.217 (a) through (h) and appendix A and the 
underlying tests and analyses performed by the manufacturer, has 
performed additional tests and analyses which may be required by Sec.  
1910.217 (a) through (h) and appendix A, and concludes that the 
requirements of Sec.  1910.217 (a) through (h) and appendix A have been 
met; and
    (ii) For installation certification/validation and annual 
recertification/revalidation has reviewed the employer's certification 
that the PSDI safety system meets the requirements of Sec.  1910.217 (a) 
through (h) and appendix A and the underlying tests performed by the 
employer, has performed additional tests and analyses which may be 
required by Sec.  1910.217 (a) through (h) and appendix A, and concludes 
that the requirements of Sec.  1910.217 (a) through (h) and appendix A 
have been met.
    (66) Certification/validation and certify/validate means the 
combined process of certification and validation.
    (e) As used in Sec.  1910.218, unless the context clearly requires 
otherwise, the following forging and hot metal terms shall have the 
meaning prescribed in this paragraph.
    (1) Forging means the product of work on metal formed to a desired 
shape by impact or pressure in hammers, forging machines (upsetters), 
presses, rolls, and related forming equipment. Forging hammers, 
counterblow equipment and high-energy-rate forging machines impart 
impact to the workpiece, while most other types of forging equipment 
impart squeeze pressure in shaping the stock. Some metals can be forged 
at room temperature, but the majority of metals are made more plastic 
for forging by heating.
    (2) Open framehammers (or blacksmith hammers) mean hammers used 
primarily for the shaping of forgings by means of impact with flat dies. 
Open frame hammers generally are so constructed that the anvil assembly 
is separate from the operating mechanism and machine supports; it rests 
on its own independent foundation. Certain exceptions are forging 
hammers made with frame mounted on the anvil; e.g., the smaller, single-
frame hammers are usually made with the anvil and frame in one piece.
    (3) Steam hammers mean a type of drop hammer where the ram is raised 
for each stroke by a double-action steam cylinder and the energy 
delivered to the workpiece is supplied by the velocity and weight of the 
ram and attached upper die driven downward by steam pressure. Energy 
delivered during each stroke may be varied.
    (4) Gravity hammers mean a class of forging hammer wherein energy 
for forging is obtained by the mass and velocity of a freely falling ram 
and the attached upper die. Examples: board hammers and air-lift 
hammers.
    (5) Forging presses mean a class of forging equipment wherein the 
shaping of metal between dies is performed by mechanical or hydraulic 
pressure, and usually is accomplished with a single workstroke of the 
press for each die station.
    (6) Trimming presses mean a class of auxiliary forging equipment 
which removes flash or excess metal from a forging. This trimming 
operation can also be done cold, as can coining, a product sizing 
operation.
    (7) High-energy-rate forging machines mean a class of forging 
equipment wherein high ram velocities resulting from the sudden release 
of a compressed gas against a free piston impart impact to the 
workpiece.
    (8) Forging rolls mean a class of auxiliary forging equipment 
wherein stock is shaped between power driven rolls bearing contoured 
dies. Usually used for preforming, roll forging is often employed to 
reduce thickness and increase length of stock.
    (9) Ring rolls mean a class for forging equipment used for shaping 
weldless

[[Page 609]]

rings from pierced discs or thick-walled, ring-shaped blanks between 
rolls which control wall thickness, ring diameter, height and contour.
    (10) Bolt-headers mean the same as an upsetter or forging machine 
except that the diameter of stock fed into the machine is much smaller, 
i.e., commonly three-fourths inch or less.
    (11) Rivet making machines mean the same as upsetters and 
boltheaders when producing rivets with stock diameter of 1-inch or more. 
Rivet making with less than 1-inch diameter is usually a cold forging 
operation, and therefore not included in this subpart.
    (12) Upsetters (or forging machines, or headers) type of forging 
equipment, related to the mechanical press, in which the main forming 
energy is applied horizontally to the workpiece which is gripped and 
held by prior action of the dies.
    (f) As used in Sec.  1910.219, unless the context clearly requires 
otherwise, the following mechanical power-transmission guarding terms 
shall have the meaning prescribed in this paragraph.
    (1) Belts include all power transmission belts, such as flat belts, 
round belts, V-belts, etc., unless otherwise specified.
    (2) Belt shifter means a device for mechanically shifting belts from 
tight to loose pulleys or vice versa, or for shifting belts on cones of 
speed pulleys.
    (3) Belt pole (sometimes called a belt shipper or shipper pole,) 
means a device used in shifting belts on and off fixed pulleys on line 
or countershaft where there are no loose pulleys.
    (4) Exposed to contact means that the location of an object is such 
that a person is likely to come into contact with it and be injured.
    (5) Flywheels include flywheels, balance wheels, and flywheel 
pulleys mounted and revolving on crankshaft of engine or other shafting.
    (6) Maintenance runway means any permanent runway or platform used 
for oiling, maintenance, running adjustment, or repair work, but not for 
passageway.
    (7) Nip-point belt and pulley guard means a device which encloses 
the pulley and is provided with rounded or rolled edge slots through 
which the belt passes.
    (8) Point of operation means that point at which cutting, shaping, 
or forming is accomplished upon the stock and shall include such other 
points as may offer a hazard to the operator in inserting or 
manipulating the stock in the operation of the machine.
    (9) Prime movers include steam, gas, oil, and air engines, motors, 
steam and hydraulic turbines, and other equipment used as a source of 
power.
    (10) Sheaves mean grooved pulleys, and shall be so classified unless 
used as flywheels.

[39 FR 23502, June 27, 1974, as amended at 39 FR 41846, Dec. 3, 1974; 53 
FR 8353, Mar. 14, 1988]



Sec.  1910.212  General requirements for all machines.

    (a) Machine guarding--(1) Types of guarding. One or more methods of 
machine guarding shall be provided to protect the operator and other 
employees in the machine area from hazards such as those created by 
point of operation, ingoing nip points, rotating parts, flying chips and 
sparks. Examples of guarding methods are--barrier guards, two-hand 
tripping devices, electronic safety devices, etc.
    (2) General requirements for machine guards. Guards shall be affixed 
to the machine where possible and secured elsewhere if for any reason 
attachment to the machine is not possible. The guard shall be such that 
it does not offer an accident hazard in itself.
    (3) Point of operation guarding. (i) Point of operation is the area 
on a machine where work is actually performed upon the material being 
processed.
    (ii) The point of operation of machines whose operation exposes an 
employee to injury, shall be guarded. The guarding device shall be in 
conformity with any appropriate standards therefor, or, in the absence 
of applicable specific standards, shall be so designed and constructed 
as to prevent the operator from having any part of his body in the 
danger zone during the operating cycle.
    (iii) Special handtools for placing and removing material shall be 
such as to permit easy handling of material without the operator placing 
a hand in the danger zone. Such tools shall not be in lieu of other 
guarding required by this

[[Page 610]]

section, but can only be used to supplement protection provided.
    (iv) The following are some of the machines which usually require 
point of operation guarding:
    (a) Guillotine cutters.
    (b) Shears.
    (c) Alligator shears.
    (d) Power presses.
    (e) Milling machines.
    (f) Power saws.
    (g) Jointers.
    (h) Portable power tools.
    (i) Forming rolls and calenders.
    (4) Barrels, containers, and drums. Revolving drums, barrels, and 
containers shall be guarded by an enclosure which is interlocked with 
the drive mechanism, so that the barrel, drum, or container cannot 
revolve unless the guard enclosure is in place.
    (5) Exposure of blades. When the periphery of the blades of a fan is 
less than seven (7) feet above the floor or working level, the blades 
shall be guarded. The guard shall have openings no larger than one-half 
(\1/2\) inch.
    (b) Anchoring fixed machinery. Machines designed for a fixed 
location shall be securely anchored to prevent walking or moving.



Sec.  1910.213  Woodworking machinery requirements.

    (a) Machine construction general. (1) Each machine shall be so 
constructed as to be free from sensible vibration when the largest size 
tool is mounted and run idle at full speed.
    (2) Arbors and mandrels shall be constructed so as to have firm and 
secure bearing and be free from play.
    (3) [Reserved]
    (4) Any automatic cutoff saw that strokes continuously without the 
operator being able to control each stroke shall not be used.
    (5) Saw frames or tables shall be constructed with lugs cast on the 
frame or with an equivalent means to limit the size of the saw blade 
that can be mounted, so as to avoid overspeed caused by mounting a saw 
larger than intended.
    (6) Circular saw fences shall be so constructed that they can be 
firmly secured to the table or table assembly without changing their 
alignment with the saw. For saws with tilting tables or tilting arbors 
the fence shall be so constructed that it will remain in a line parallel 
with the saw, regardless of the angle of the saw with the table.
    (7) Circular saw gages shall be so constructed as to slide in 
grooves or tracks that are accurately machined, to insure exact 
alignment with the saw for all positions of the guide.
    (8) Hinged saw tables shall be so constructed that the table can be 
firmly secured in any position and in true alignment with the saw.
    (9) All belts, pulleys, gears, shafts, and moving parts shall be 
guarded in accordance with the specific requirements of Sec.  1910.219.
    (10) It is recommended that each power-driven woodworking machine be 
provided with a disconnect switch that can be locked in the off 
position.
    (11) The frames and all exposed, noncurrent-carrying metal parts of 
portable electric woodworking machinery operated at more than 90 volts 
to ground shall be grounded and other portable motors driving electric 
tools which are held in the hand while being operated shall be grounded 
if they operate at more than 90 volts to ground. The ground shall be 
provided through use of a separate ground wire and polarized plug and 
receptacle.
    (12) For all circular saws where conditions are such that there is a 
possibility of contact with the portion of the saw either beneath or 
behind the table, that portion of the saw shall be covered with an 
exhaust hood, or, if no exhaust system is required, with a guard that 
shall be so arranged as to prevent accidental contact with the saw.
    (13) Revolving double arbor saws shall be fully guarded in 
accordance with all the requirements for circular crosscut saws or with 
all the requirements for circular ripsaws, according to the kind of saws 
mounted on the arbors.
    (14) No saw, cutter head, or tool collar shall be placed or mounted 
on a machine arbor unless the tool has been accurately machined to size 
and shape to fit the arbor.
    (15) Combs (featherboards) or suitable jigs shall be provided at the 
workplace for use when a standard guard cannot

[[Page 611]]

be used, as in dadoing, grooving, jointing, moulding, and rabbeting.
    (b) Machine controls and equipment. (1) A mechanical or electrical 
power control shall be provided on each machine to make it possible for 
the operator to cut off the power from each machine without leaving his 
position at the point of operation.
    (2) On machines driven by belts and shafting, a locking-type belt 
shifter or an equivalent positive device shall be used.
    (3) On applications where injury to the operator might result if 
motors were to restart after power failures, provision shall be made to 
prevent machines from automatically restarting upon restoration of 
power.
    (4) Power controls and operating controls should be located within 
easy reach of the operator while he is at his regular work location, 
making it unnecessary for him to reach over the cutter to make 
adjustments. This does not apply to constant pressure controls used only 
for setup purposes.
    (5) On each machine operated by electric motors, positive means 
shall be provided for rendering such controls or devices inoperative 
while repairs or adjustments are being made to the machines they 
control.
    (6) Each operating treadle shall be protected against unexpected or 
accidental tripping.
    (7) Feeder attachments shall have the feed rolls or other moving 
parts so covered or guarded as to protect the operator from hazardous 
points.
    (c) Hand-fed ripsaws. (1) Each circular hand-fed ripsaw shall be 
guarded by a hood which shall completely enclose that portion of the saw 
above the table and that portion of the saw above the material being 
cut. The hood and mounting shall be arranged so that the hood will 
automatically adjust itself to the thickness of and remain in contact 
with the material being cut but it shall not offer any considerable 
resistance to insertion of material to saw or to passage of the material 
being sawed. The hood shall be made of adequate strength to resist blows 
and strains incidental to reasonable operation, adjusting, and handling, 
and shall be so designed as to protect the operator from flying 
splinters and broken saw teeth. It shall be made of material that is 
soft enough so that it will be unlikely to cause tooth breakage. The 
hood shall be so mounted as to insure that its operation will be 
positive, reliable, and in true alignment with the saw; and the mounting 
shall be adequate in strength to resist any reasonable side thrust or 
other force tending to throw it out of line.
    (2) Each hand-fed circular ripsaw shall be furnished with a spreader 
to prevent material from squeezing the saw or being thrown back on the 
operator. The spreader shall be made of hard tempered steel, or its 
equivalent, and shall be thinner than the saw kerf. It shall be of 
sufficient width to provide adequate stiffness or rigidity to resist any 
reasonable side thrust or blow tending to bend or throw it out of 
position. The spreader shall be attached so that it will remain in true 
alignment with the saw even when either the saw or table is tilted. The 
provision of a spreader in connection with grooving, dadoing, or 
rabbeting is not required. On the completion of such operations, the 
spreader shall be immediately replaced.
    (3) Each hand-fed circular ripsaw shall be provided with nonkickback 
fingers or dogs so located as to oppose the thrust or tendency of the 
saw to pick up the material or to throw it back toward the operator. 
They shall be designed to provide adequate holding power for all the 
thicknesses of materials being cut.
    (d) Hand-fed crosscut table saws. (1) Each circular crosscut table 
saw shall be guarded by a hood which shall meet all the requirements of 
paragraph (c)(1) of this section for hoods for circular ripsaws.
    (2) [Reserved]
    (e) Circular resaws. (1) Each circular resaw shall be guarded by a 
hood or shield of metal above the saw. This hood or shield shall be so 
designed as to guard against danger from flying splinters or broken saw 
teeth.
    (2) Each circular resaw (other than self-feed saws with a roller or 
wheel at back of the saw) shall be provided with a spreader fastened 
securely behind the saw. The spreader shall be slightly thinner than the 
saw kerf and slightly thicker than the saw disk.

[[Page 612]]

    (f) Self-feed circular saws. (1) Feed rolls and saws shall be 
protected by a hood or guard to prevent the hands of the operator from 
coming in contact with the in-running rolls at any point. The guard 
shall be constructed of heavy material, preferably metal, and the bottom 
of the guard shall come down to within three-eighths inch of the plane 
formed by the bottom or working surfaces of the feed rolls. This 
distance (three-eighths inch) may be increased to three-fourths inch, 
provided the lead edge of the hood is extended to be not less than 5\1/
2\ inches in front of the nip point between the front roll and the work.
    (2) Each self-feed circular ripsaw shall be provided with sectional 
non-kickback fingers for the full width of the feed rolls. They shall be 
located in front of the saw and so arranged as to be in continual 
contact with the wood being fed.
    (g) Swing cutoff saws. The requirements of this paragraph are also 
applicable to sliding cutoff saws mounted above the table.
    (1) Each swing cutoff saw shall be provided with a hood that will 
completely enclose the upper half of the saw, the arbor end, and the 
point of operation at all positions of the saw. The hood shall be 
constructed in such a manner and of such material that it will protect 
the operator from flying splinters and broken saw teeth. Its hood shall 
be so designed that it will automatically cover the lower portion of the 
blade, so that when the saw is returned to the back of the table the 
hood will rise on top of the fence, and when the saw is moved forward 
the hood will drop on top of and remain in contact with the table or 
material being cut.
    (2) Each swing cutoff saw shall be provided with an effective device 
to return the saw automatically to the back of the table when released 
at any point of its travel. Such a device shall not depend for its 
proper functioning upon any rope, cord, or spring. If there is a 
counterweight, the bolts supporting the bar and counterweight shall be 
provided with cotter pins; and the counterweight shall be prevented from 
dropping by either a bolt passing through both the bar and 
counterweight, or a bolt put through the extreme end of the bar, or, 
where the counterweight does not encircle the bar, a safety chain 
attached to it.
    (3) Limit chains or other equally effective devices shall be 
provided to prevent the saw from swinging beyond the front or back edges 
of the table, or beyond a forward position where the gullets of the 
lowest saw teeth will rise above the table top.
    (4) Inverted swing cutoff saws shall be provided with a hood that 
will cover the part of the saw that protrudes above the top of the table 
or above the material being cut. It shall automatically adjust itself to 
the thickness of and remain in contact with the material being cut.
    (h) Radial saws. (1) The upper hood shall completely enclose the 
upper portion of the blade down to a point that will include the end of 
the saw arbor. The upper hood shall be constructed in such a manner and 
of such material that it will protect the operator from flying 
splinters, broken saw teeth, etc., and will deflect sawdust away from 
the operator. The sides of the lower exposed portion of the blade shall 
be guarded to the full diameter of the blade by a device that will 
automatically adjust itself to the thickness of the stock and remain in 
contact with stock being cut to give maximum protection possible for the 
operation being performed.
    (2) Each radial saw used for ripping shall be provided with 
nonkickback fingers or dogs located on both sides of the saw so as to 
oppose the thrust or tendency of the saw to pick up the material or to 
throw it back toward the operator. They shall be designed to provide 
adequate holding power for all the thicknesses of material being cut.
    (3) An adjustable stop shall be provided to prevent the forward 
travel of the blade beyond the position necessary to complete the cut in 
repetitive operations.
    (4) Installation shall be in such a manner that the front end of the 
unit will be slightly higher than the rear, so as to cause the cutting 
head to return gently to the starting position when released by the 
operator.
    (5) Ripping and ploughing shall be against the direction in which 
the saw

[[Page 613]]

turns. The direction of the saw rotation shall be conspicuously marked 
on the hood. In addition, a permanent label not less than 1\1/2\ inches 
by \3/4\ inch shall be affixed to the rear of the guard at approximately 
the level of the arbor, reading as follows: ``Danger: Do Not Rip or 
Plough From This End''.
    (i) Bandsaws and band resaws. (1) All portions of the saw blade 
shall be enclosed or guarded, except for the working portion of the 
blade between the bottom of the guide rolls and the table. Bandsaw 
wheels shall be fully encased. The outside periphery of the enclosure 
shall be solid. The front and back of the band wheels shall be either 
enclosed by solid material or by wire mesh or perforated metal. Such 
mesh or perforated metal shall be not less than 0.037 inch (U.S. Gage 
No. 20), and the openings shall be not greater than three-eighths inch. 
Solid material used for this purpose shall be of an equivalent strength 
and firmness. The guard for the portion of the blade between the sliding 
guide and the upper-saw-wheel guard shall protect the saw blade at the 
front and outer side. This portion of the guard shall be self-adjusting 
to raise and lower with the guide. The upper-wheel guard shall be made 
to conform to the travel of the saw on the wheel.
    (2) Each bandsaw machine shall be provided with a tension control 
device to indicate a proper tension for the standard saws used on the 
machine, in order to assist in the elimination of saw breakage due to 
improper tension.
    (3) Feed rolls of band resaws shall be protected with a suitable 
guard to prevent the hands of the operator from coming in contact with 
the in-running rolls at any point. The guard shall be constructed of 
heavy material, preferably metal, and the edge of the guard shall come 
to within three-eighths inch of the plane formed by the inside face of 
the feed roll in contact with the stock being cut.
    (j) Jointers. (1) Each hand-fed planer and jointer with horizontal 
head shall be equipped with a cylindrical cutting head, the knife 
projection of which shall not exceed one-eighth inch beyond the 
cylindrical body of the head.
    (2) The opening in the table shall be kept as small as possible. The 
clearance between the edge of the rear table and the cutter head shall 
be not more than one-eighth inch. The table throat opening shall be not 
more than 2\1/2\ inches when tables are set or aligned with each other 
for zero cut.
    (3) Each hand-fed jointer with a horizontal cutting head shall have 
an automatic guard which will cover all the section of the head on the 
working side of the fence or gage. The guard shall effectively keep the 
operator's hand from coming in contact with the revolving knives. The 
guard shall automatically adjust itself to cover the unused portion of 
the head and shall remain in contact with the material at all times.
    (4) Each hand-fed jointer with horizontal cutting head shall have a 
guard which will cover the section of the head back of the gage or 
fence.
    (5) Each wood jointer with vertical head shall have either an 
exhaust hood or other guard so arranged as to enclose completely the 
revolving head, except for a slot of such width as may be necessary and 
convenient for the application of the material to be jointed.
    (k) Tenoning machines. (1) Feed chains and sprockets of all double 
end tenoning machines shall be completely enclosed, except for that 
portion of chain used for conveying the stock.
    (2) At the rear ends of frames over which feed conveyors run, 
sprockets and chains shall be guarded at the sides by plates projecting 
beyond the periphery of sprockets and the ends of lugs.
    (3) Each tenoning machine shall have all cutting heads, and saws if 
used, covered by metal guards. These guards shall cover at least the 
unused part of the periphery of the cutting head. If such a guard is 
constructed of sheet metal, the material used shall be not less than 
one-sixteenth inch in thickness, and if cast iron is used, it shall be 
not less than three-sixteenths inch in thickness.
    (4) Where an exhaust system is used, the guard shall form part or 
all of the exhaust hood and shall be constructed of metal of a thickness 
not less than that specified in subparagraph (3) of this paragraph.
    (l) Boring and mortising machines. (1) Safety-bit chucks with no 
projecting set screws shall be used.

[[Page 614]]

    (2) Boring bits should be provided with a guard that will enclose 
all portions of the bit and chuck above the material being worked.
    (3) The top of the cutting chain and driving mechanism shall be 
enclosed.
    (4) If there is a counterweight, one of the following or equivalent 
means shall be used to prevent its dropping:
    (i) It shall be bolted to the bar by means of a bolt passing through 
both bar and counterweight;
    (ii) A bolt shall be put through the extreme end of the bar;
    (iii) Where the counterweight does not encircle the bar, a safety 
chain shall be attached to it;
    (iv) Other types of counterweights shall be suspended by chain or 
wire rope and shall travel in a pipe or other suitable enclosure 
wherever they might fall and cause injury.
    (5) Universal joints on spindles of boring machines shall be 
completely enclosed in such a way as to prevent accidental contact by 
the operator.
    (6) Each operating treadle shall be covered by an inverted U-shaped 
metal guard, fastened to the floor, and of adequate size to prevent 
accidental tripping.
    (m) Wood shapers and similar equipment. (1) The cutting heads of 
each wood shaper, hand-fed panel raiser, or other similar machine not 
automatically fed, shall be enclosed with a cage or adjustable guard so 
designed as to keep the operator's hand away from the cutting edge. The 
diameter of circular shaper guards shall be not less than the greatest 
diameter of the cutter. In no case shall a warning device of leather or 
other material attached to the spindle be acceptable.
    (2) [Reserved]
    (3) All double-spindle shapers shall be provided with a spindle 
starting and stopping device for each spindle.
    (n) Planing, molding, sticking, and matching machines. (1) Each 
planing, molding, sticking, and matching machine shall have all cutting 
heads, and saws if used, covered by a metal guard. If such guard is 
constructed of sheet metal, the material used shall be not less than \1/
16\ inch in thickness, and if cast iron is used, it shall be not less 
than three-sixteenths inch in thickness.
    (2) Where an exhaust system is used, the guards shall form part or 
all of the exhaust hood and shall be constructed of metal of a thickness 
not less than that specified in paragraph (h)(1) of this section.
    (3) Feed rolls shall be guarded by a hood or suitable guard to 
prevent the hands of the operator from coming in contact with the in-
running rolls at any point. The guard shall be fastened to the frame 
carrying the rolls so as to remain in adjustment for any thickness of 
stock.
    (4) Surfacers or planers used in thicknessing multiple pieces of 
material simultaneously shall be provided with sectional infeed rolls 
having sufficient yield in the construction of the sections to provide 
feeding contact pressure on the stock, over the permissible range of 
variation in stock thickness specified or for which the machine is 
designed. In lieu of such yielding sectional rolls, suitable section 
kickback finger devices shall be provided at the infeed end.
    (o) Profile and swing-head lathes and wood heel turning machine. (1) 
Each profile and swing-head lathe shall have all cutting heads covered 
by a metal guard. If such a guard is constructed of sheet metal, the 
material used shall be not less than one-sixteenth inch in thickness; 
and if cast iron is used, it shall not be less than three-sixteenths 
inch in thickness.
    (2) Cutting heads on wood-turning lathes, whether rotating or not, 
shall be covered as completely as possible by hoods or shields.
    (3) Shoe last and spoke lathes, doweling machines, wood heel turning 
machines, and other automatic wood-turning lathes of the rotating knife 
type shall be equipped with hoods enclosing the cutter blades completely 
except at the contact points while the stock is being cut.
    (4) Lathes used for turning long pieces of wood stock held only 
between the two centers shall be equipped with long curved guards 
extending over the tops of the lathes in order to prevent the work 
pieces from being thrown out of the machines if they should become 
loose.
    (5) Where an exhaust system is used, the guard shall form part or 
all of the

[[Page 615]]

exhaust hood and shall be constructed of metal of a thickness not less 
than that specified in subparagraph (1) of this paragraph.
    (p) Sanding machines. (1) Feed rolls of self-feed sanding machines 
shall be protected with a semicylindrical guard to prevent the hands of 
the operator from coming in contact with the in-running rolls at any 
point. The guard shall be constructed of heavy material, preferably 
metal, and firmly secured to the frame carrying the rolls so as to 
remain in adjustment for any thickness of stock. The bottom of the guard 
should come down to within three-eighths inch of a plane formed by the 
bottom or contact face of the feed roll where it touches the stock.
    (2) Each drum sanding machine shall have an exhaust hood, or other 
guard if no exhaust system is required, so arranged as to enclose the 
revolving drum, except for that portion of the drum above the table, if 
a table is used, which may be necessary and convenient for the 
application of the material to be finished.
    (3) Each disk sanding machine shall have the exhaust hood, or other 
guard if no exhaust system is required, so arranged as to enclose the 
revolving disk, except for that portion of the disk above the table, if 
a table is used, which may be necessary for the application of the 
material to be finished.
    (4) Belt sanding machines shall be provided with guards at each nip 
point where the sanding belt runs on to a pulley. These guards shall 
effectively prevent the hands or fingers of the operator from coming in 
contact with the nip points. The unused run of the sanding belt shall be 
guarded against accidental contact.
    (q) Veneer cutters and wringers. (1) Veneer slicer knives shall be 
guarded to prevent accidental contact with knife edge, at both front and 
rear.
    (2) Veneer clippers shall have automatic feed or shall be provided 
with a guard which will make it impossible to place a finger or fingers 
under the knife while feeding or removing the stock.
    (3) Sprockets on chain or slat-belt conveyors shall be enclosed.
    (4) Where practicable, hand and footpower guillotine veneer cutters 
shall be provided with rods or plates or other satisfactory means, so 
arranged on the feeding side that the hands cannot reach the cutting 
edge of the knife while feeding or holding the stock in place.
    (5) Power-driven guillotine veneer cutters, except continuous feed 
trimmers, shall be equipped with:
    (i) Starting devices which require the simultaneous action of both 
hands to start the cutting motion and of at least one hand on a control 
during the complete stroke of the knife; or
    (ii) An automatic guard which will remove the hands of the operator 
from the danger zone at every descent of the blade, used in conjunction 
with one-hand starting devices which require two distinct movements of 
the device to start the cutting motion, and so designed as to return 
positively to the nonstarting position after each complete cycle of the 
knife.
    (6) Where two or more workers are employed at the same time on the 
same power-driven guillotine veneer cutter equipped with two-hand 
control, the device shall be so arranged that each worker shall be 
required to use both hands simultaneously on the controls to start the 
cutting motion, and at least one hand on a control to complete the cut.
    (7) Power-driven guillotine veneer cutters, other than continuous 
trimmers, shall be provided, in addition to the brake or other stopping 
mechanism, with an emergency device which will prevent the machine from 
operating in the event of failure of the brake when the starting 
mechanism is in the nonstarting position.
    (r) Miscellaneous woodworking machines. (1) The feed rolls of roll 
type glue spreaders shall be guarded by a semicylindrical guard. The 
bottom of the guard shall come to within three-eighths inch of a plane 
formed by bottom or contact face of the feed roll where it touches the 
stock.
    (2) Drag saws shall be so located as to give at least a 4-foot 
clearance for passage when the saw is at the extreme end of the stroke; 
or if such clearance is not obtainable, the saw and its driving 
mechanism shall be provided with a standard enclosure.

[[Page 616]]

    (3) For combination or universal woodworking machines each point of 
operation of any tool shall be guarded as required for such a tool in a 
separate machine.
    (4) The mention of specific machines in paragraphs (a) thru (q) and 
this paragraph (r) of this section, inclusive, is not intended to 
exclude other woodworking machines from the requirement that suitable 
guards and exhaust hoods be provided to reduce to a minimum the hazard 
due to the point of operation of such machines.
    (s) Inspection and maintenance of woodworking machinery. (1) Dull, 
badly set, improperly filed, or improperly tensioned saws shall be 
immediately removed from service, before they begin to cause the 
material to stick, jam, or kick back when it is fed to the saw at normal 
speed. Saws to which gum has adhered on the sides shall be immediately 
cleaned.
    (2) All knives and cutting heads of woodworking machines shall be 
kept sharp, properly adjusted, and firmly secured. Where two or more 
knives are used in one head, they shall be properly balanced.
    (3) Bearings shall be kept free from lost motion and shall be well 
lubricated.
    (4) Arbors of all circular saws shall be free from play.
    (5) Sharpening or tensioning of saw blades or cutters shall be done 
only by persons of demonstrated skill in this kind of work.
    (6) Emphasis is placed upon the importance of maintaining 
cleanliness around woodworking machinery, particularly as regards the 
effective functioning of guards and the prevention of fire hazards in 
switch enclosures, bearings, and motors.
    (7) All cracked saws shall be removed from service.
    (8) The practice of inserting wedges between the saw disk and the 
collar to form what is commonly known as a ``wobble saw'' shall not be 
permitted.
    (9) Push sticks or push blocks shall be provided at the work place 
in the several sizes and types suitable for the work to be done.
    (10)-(11) [Reserved]
    (12) The knife blade of jointers shall be so installed and adjusted 
that it does not protrude more than one-eighth inch beyond the 
cylindrical body of the head. Push sticks or push blocks shall be 
provided at the work place in the several sizes and types suitable for 
the work to be done.
    (13) Whenever veneer slicers or rotary veneer-cutting machines have 
been shutdown for the purpose of inserting logs or to make adjustments, 
operators shall make sure that machine is clear and other workmen are 
not in a hazardous position before starting the machine.
    (14) Operators shall not ride the carriage of a veneer slicer.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49750, Oct. 24, 1978; 
49 FR 5323, Feb. 10, 1984]



Sec.  1910.214  Cooperage machinery. [Reserved]



Sec.  1910.215  Abrasive wheel machinery.

    (a) General requirements--(1) Machine guarding. Abrasive wheels 
shall be used only on machines provided with safety guards as defined in 
the following paragraphs of this section, except:
    (i) Wheels used for internal work while within the work being 
ground;
    (ii) Mounted wheels, used in portable operations, 2 inches and 
smaller in diameter; and
    (iii) Types 16, 17, 18, 18R, and 19 cones, plugs, and threaded hole 
pot balls where the work offers protection.
    (2) Guard design. The safety guard shall cover the spindle end, nut, 
and flange projections. The safety guard shall be mounted so as to 
maintain proper alignment with the wheel, and the strength of the 
fastenings shall exceed the strength of the guard, except:
    (i) Safety guards on all operations where the work provides a 
suitable measure of protection to the operator, may be so constructed 
that the spindle end, nut, and outer flange are exposed; and where the 
nature of the work is such as to entirely cover the side of the wheel, 
the side covers of the guard may be omitted; and
    (ii) The spindle end, nut, and outer flange may be exposed on 
machines designed as portable saws.
    (3) Flanges. Grinding machines shall be equipped with flanges in 
accordance with paragraph (c) of this section.

[[Page 617]]

    (4) Work rests. On offhand grinding machines, work rests shall be 
used to support the work. They shall be of rigid construction and 
designed to be adjustable to compensate for wheel wear. Work rests shall 
be kept adjusted closely to the wheel with a maximum opening of one-
eighth inch to prevent the work from being jammed between the wheel and 
the rest, which may cause wheel breakage. The work rest shall be 
securely clamped after each adjustment. The adjustment shall not be made 
with the wheel in motion.
    (5) Excluded machinery. Natural sandstone wheels and metal, wooden, 
cloth, or paper discs, having a layer of abrasive on the surface are not 
covered by this section.
    (b) Guarding of abrasive wheel machinery--(1) Cup wheels. Cup wheels 
(Types 6 and 11) shall be protected by:
    (i) Safety guards as specified in paragraphs (b) (1) through (10) of 
this section;
    (ii) Band type guards as specified in paragraph (b)(11) of this 
section; and
    (iii) Special ``Revolving Cup Guards'' which mount behind the wheel 
and turn with it. They shall be made of steel or other material with 
adequate strength and shall enclose the wheel sides upward from the back 
for one-third of the wheel thickness. The mounting features shall 
conform with all requirements of this section. It is necessary to 
maintain clearance between the wheel side and the guard. This clearance 
shall not exceed one-sixteenth inch.
    (2) Guard exposure angles. The maximum exposure angles specified in 
paragraphs (b) (3) through (8) of this section shall not be exceeded. 
Visors or other accessory equipment shall not be included as a part of 
the guard when measuring the guard opening, unless such equipment has 
strength equal to that of the guard.
    (3) Bench and floor stands. The angular exposure of the grinding 
wheel periphery and sides for safety guards used on machines known as 
bench and floor stands should not exceed 90[deg] or one-fourth of the 
periphery. This exposure shall begin at a point not more than 65[deg] 
above the horizontal plane of the wheel spindle. (See Figures O-6 and O-
7 and paragraph (b)(9) of this section.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.057

                      Figure No. O-6 Figure No. O-7

Wherever the nature of the work requires contact with the wheel below 
the horizontal plane of the spindle, the exposure shall not exceed 
125[deg]. (See Figures O-8 and O-9.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.058

                      Figure No. O-8 Figure No. O-9
    (4) Cylindrical grinders. The maximum angular exposure of the 
grinding wheel periphery and sides for safety guards used on cylindrical 
grinding machines shall not exceed 180[deg]. This exposure shall begin 
at a point not more than 65[deg] above the horizontal plane of the wheel 
spindle. (See Figures O-10 and O-11 and subparagraph (9) of this 
paragraph.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.059

                     Figure No. O-10 Figure No. O-11
    (5) Surface grinders and cutting-off machines. The maximum angular 
exposure of the grinding wheel periphery and sides for safety guards 
used on cutting-off machines and on surface grinding machines which 
employ the wheel periphery shall not exceed 150[deg]. This exposure 
shall begin at a point not less than 15[deg] below the horizontal plane 
of the wheel spindle. (See Figures O-12 and O-13)

[[Page 618]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.060

                     Figure No. O-12 Figure No. O-13
    (6) Swing frame grinders. The maximum angular exposure of the 
grinding wheel periphery and sides for safety guards used on machines 
known as swing frame grinding machines shall not exceed 180[deg], and 
the top half of the wheel shall be enclosed at all times. (See Figures 
O-14 and O-15.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.061

                     Figure No. O-14 Figure No. O-15
    (7) Automatic snagging machines. The maximum angular exposure of the 
grinding wheel periphery and sides for safety guards used on grinders 
known as automatic snagging machines shall not exceed 180[deg] and the 
top half of the wheel shall be enclosed at all times. (See Figures O-14 
and O-15.)
    (8) Top grinding. Where the work is applied to the wheel above the 
horizontal centerline, the exposure of the grinding wheel periphery 
shall be as small as possible and shall not exceed 60[deg]. (See Figures 
O-16 and O-17.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.062

                     Figure No. O-16 Figure No. O-17
    (9) Exposure adjustment. Safety guards of the types described in 
subparagraphs (3) and (4) of this paragraph, where the operator stands 
in front of the opening, shall be constructed so that the peripheral 
protecting member can be adjusted to the constantly decreasing diameter 
of the wheel. The maximum angular exposure above the horizontal plane of 
the wheel spindle as specified in paragraphs (b) (3) and (4) of this 
section shall never be exceeded, and the distance between the wheel 
periphery and the adjustable tongue or the end of the peripheral member 
at the top shall never exceed one-fourth inch. (See Figures O-18, O-19, 
O-20, O-21, O-22, and O-23.)
    (10) Material requirements and minimum dimensions. (i) See Figures 
O-36 and O-37 and Table O-9 for minimum basic thickness of peripheral 
and side members for various types of safety guards and classes of 
service.
    (ii) If operating speed does not exceed 8,000 surface feet per 
minute cast iron safety guards, malleable iron guards or other guards as 
described in paragraph (b)(10)(iii) of this section shall be used.
    (iii) Cast steel, or structural steel, safety guards as specified in 
Figures O-36 and O-37 and Table O-9 shall be used where operating speeds 
of wheels are faster than 8,000 surface feet per minute up to a maximum 
of 16,000 surface feet per minute.
    (iv) For cutting-off wheels 16 inches diameter and smaller and where 
speed does not exceed 16,000 surface feet per minute, cast iron or 
malleable iron safety guards as specified in Figures O-36 and O-37, and 
in Table O-9 shall be used.
[GRAPHIC] [TIFF OMITTED] TC27OC91.063

                     Figure No. O-18 Figure No. O-19

                                 correct

Showing adjustable tongue giving required angular protection for all 
    sizes of wheel used.

[[Page 619]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.064

                     Figure No. O-20 Figure No. O-21

                                 correct

Showing movable guard with opening small enough to give required 
    protection for smallest size wheel used.
    [GRAPHIC] [TIFF OMITTED] TC27OC91.065
    
                     Figure No. O-22 Figure No. O-23

                                incorrect

Showing movable guard with size of opening correct for full size wheel 
    but too large for smaller wheels.

    (v) For cutting-off wheels larger than 16 inches diameter and where 
speed does not exceed 14,200 surface feet per minute, safety guards as 
specified in Figures O-27 and O-28, and in Table O-1 shall be used.
    (vi) For thread grinding wheels not exceeding 1 inch in thickness 
cast iron or malleable iron safety guards as specified in Figures O-36 
and O-37, and in Table O-9 shall be used.
    (11) Band type guards--general specifications. Band type guards 
shall conform to the following general specifications:
    (i) The bands shall be of steel plate or other material of equal or 
greater strength. They shall be continuous, the ends being either 
riveted, bolted, or welded together in such a manner as to leave the 
inside free from projections.
    (ii) The inside diameter of the band shall not be more than 1 inch 
larger than the outside diameter of the wheel, and shall be mounted as 
nearly concentric with the wheel as practicable.
    (iii) The band shall be of sufficient width and its position kept so 
adjusted that at no time will the wheel protrude beyond the edge of the 
band a distance greater than that indicated in Figure O-29 and in Table 
O-2 or the wall thickness (W), whichever is smaller.
    (12) Guard design specifications. Abrasive wheel machinery guards 
shall meet the design specifications of the American National Standard 
Safety Code for the Use, Care, and Protection of Abrasive Wheels, ANSI 
B7.1-1970, which is incorporated by reference as specified in Sec.  
1910.6. This requirement shall not apply to natural sandstone wheels or 
metal, wooden, cloth, or paper discs, having a layer of abrasive on the 
surface.
    (c) Flanges--(1) General requirements. All abrasive wheels shall be 
mounted between flanges which shall not be less than one-third the 
diameter of the wheel.
    (i) Exceptions:
    (a) Mounted wheels.
    (b) Portable wheels with threaded inserts or projecting studs.
    (c) Abrasive discs (inserted nut, inserted washer and projecting 
stud type).
    (d) Plate mounted wheels.
    (e) Cylinders, cup, or segmental wheels that are mounted in chucks.
    (f) Types 27 and 28 wheels.
    (g) Certain internal wheels.
    (h) Modified types 6 and 11 wheels (terrazzo).
    (i) Cutting-off wheels, Types 1 and 27A (see paragraphs (c)(1) (ii) 
and (iii) of this section).
    (ii) Type 1 cutting-off wheels are to be mounted between properly 
relieved flanges which have matching bearing surfaces. Such flanges 
shall be at least one-fourth the wheel diameter.
    (iii) Type 27A cutting-off wheels are designed to be mounted by 
means of flat, not relieved, flanges having matching bearing surfaces 
and which may be less than one-third but shall not be less than one-
fourth the wheel diameter. (See Figure O-24 for one such type of 
mounting.)
    (iv) There are three general types of flanges:
    (a) Straight relieved flanges (see Figure O-32);
    (b) Straight unrelieved flanges (see Figure O-30);

[[Page 620]]

    (c) Adaptor flanges (see Figures O-33 and O-34);
    (v) Regardless of flange type used, the wheel shall always be 
guarded. Blotters shall be used in accordance with paragraph (c)(6) of 
this section.
[GRAPHIC] [TIFF OMITTED] TC27OC91.066

                             Figure No. O-24
The Type 27 A Wheel is mounted between flat non-relieved flanges of 
    equal bearing surfaces.

    (2) [Reserved]
    (3) Finish and balance. Flanges shall be dimensionally accurate and 
in good balance. There shall be no rough surfaces or sharp edges.
    (4) Uniformity of diameter. (i) Both flanges, of any type, between 
which a wheel is mounted, shall be of the same diameter and have equal 
bearing surface. Exceptions are set forth in the remaining subdivisions 
of this subparagraph.
    (ii) Type 27 and Type 28 wheels, because of their shape and usage, 
require specially designed adaptors. The back flange shall extend beyond 
the central hub or raised portion and contact the wheel to counteract 
the side pressure on the wheel in use. The adaptor nut which is less 
than the minimum one-third diameter of wheel fits in the depressed side 
of wheel to prevent interference in side grinding and serves to drive 
the wheel by its clamping force against the depressed portion of the 
back flange. The variance in flange diameters, the adaptor nut being 
less than one-third wheel diameter, and the use of side pressure in 
wheel operation limits the use to reinforced organic bonded wheels. 
Mounts which are affixed to the wheel by the manufacturer shall not be 
reused. Type 27 and Type 28 wheels shall be used only with a safety 
guard located between wheel and operator during use. (See Figure O-24-
A.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.067

                            Figure No. O-24-A
Types 27 and 28 wheels, because of their shape, require specially 
    designed adaptors.

    (iii) Modified Types 6 and 11 wheels (terrazzo) with tapered K 
dimension.
    (5) Recess and undercut. (i) Straight relieved flanges made 
according to Table O-6 and Figure O-32 shall be recessed at least one-
sixteenth inch on the side next to the wheel for a distance as specified 
in Table O-6.
    (ii) Straight flanges of the adaptor or sleeve type (Table O-7 and 
Figures O-33 and O-34) shall be undercut so that there will be no 
bearing on the sides of the wheel within one-eighth inch of the arbor 
hole.
    (6) Blotters. (i) Blotters (compressible washers) shall always be 
used between flanges and abrasive wheel surfaces to insure uniform 
distribution of flange pressure. (See paragraph (d)(5) of this section.)
    (ii) Exception:
    (a) Mounted wheels.
    (b) Abrasive discs (inserted nut, inserted washer, and projecting 
stud type).
    (c) Plate mounted wheels.
    (d) Cylinders, cups, or segmental wheels that are mounted in chucks.
    (e) Types 27 and 28 wheels.
    (f) Certain Type 1 and Type 27A cutting-off wheels.
    (g) Certain internal wheels.

[[Page 621]]

    (h) Type 4 tapered wheels.
    (i) Diamond wheels, except certain vitrified diamond wheels.
    (j) Modified Types 6 and 11 wheel (terrazzo)--blotters applied flat 
side of wheel only.
    (7) Driving flange. The driving flange shall be securely fastened to 
the spindle and the bearing surface shall run true. When more than one 
wheel is mounted between a single set of flanges, wheels may be cemented 
together or separated by specially designed spacers. Spacers shall be 
equal in diameter to the mounting flanges and have equal bearing 
surfaces. (See paragraph (d)(6) of this section.)
    (8) Dimensions. (i) Tables O-4 and O-6 and Figures O-30 and O-32 
show minimum dimensions for straight relieved and unrelieved flanges for 
use with wheels with small holes that fit directly on the machine 
spindle. Dimensions of such flanges shall never be less than indicated.
    (ii) Table O-5, and Table O-7 and Figures O-31, O-33, O-34 show 
minimum dimensions for straight adaptor flanges for use with wheels 
having holes larger than the spindle. Dimensions of such adaptor flanges 
shall never be less than indicated.
    (iii) Table O-8 and Figure O-35 show minimum dimensions for straight 
flanges that are an integral part of wheel sleeves which are frequently 
used on precision grinding machines. Dimensions of such flanges shall 
never be less than indicated.
    (9) Repairs and maintenance. All flanges shall be maintained in good 
condition. When the bearing surfaces become worn, warped, sprung, or 
damaged they should be trued or refaced. When refacing or truing, care 
shall be exercised to make sure that proper relief and rigidity is 
maintained as specified in paragraphs (c) (2) and (5) of this section 
and they shall be replaced when they do not conform to these 
subparagraphs and Table O-4, Figure O-30, Table O-5, Figure O-31, Table 
O-6, Figure O-32, and Table O-8, Figure O-35. Failure to observe these 
rules might cause excessive flange pressure around the hole of the 
wheel. This is especially true of wheel-sleeve or adaptor flanges.
    (d) Mounting--(1) Inspection. Immediately before mounting, all 
wheels shall be closely inspected and sounded by the user (ring test) to 
make sure they have not been damaged in transit, storage, or otherwise. 
The spindle speed of the machine shall be checked before mounting of the 
wheel to be certain that it does not exceed the maximum operating speed 
marked on the wheel. Wheels should be tapped gently with a light 
nonmetallic implement, such as the handle of a screwdriver for light 
wheels, or a wooden mallet for heavier wheels. If they sound cracked 
(dead), they shall not be used. This is known as the ``Ring Test''.
    (i) Wheels must be dry and free from sawdust when applying the ring 
test, otherwise the sound will be deadened. It should also be noted that 
organic bonded wheels do not emit the same clear metallic ring as do 
vitrified and silicate wheels.
[GRAPHIC] [TIFF OMITTED] TC27OC91.068

                     Figure No. O-25 Figure No. O-26
    (ii) ``Tap'' wheels about 45[deg] each side of the vertical 
centerline and about 1 or 2 inches from the periphery as indicated by 
the spots in Figure O-25 and Figure O-26. Then rotate the wheel 45[deg] 
and repeat the test. A sound and undamaged wheel will give a clear 
metallic tone. If cracked, there will be a dead sound and not a clear 
``ring.''
    (2) Arbor size. Grinding wheels shall fit freely on the spindle and 
remain free under all grinding conditions. A controlled clearance 
between the wheel hole and the machine spindle (or wheel sleeves or 
adaptors) is essential to avoid excessive pressure from mounting and 
spindle expansion. To accomplish this, the machine spindle shall be made 
to nominal (standard) size plus zero minus .002 inch, and the wheel

[[Page 622]]

hole shall be made suitably oversize to assure safety clearance under 
the conditions of operating heat and pressure.
    (3) Surface condition. All contact surfaces of wheels, blotters and 
flanges shall be flat and free of foreign matter.
    (4) Bushing. When a bushing is used in the wheel hole it shall not 
exceed the width of the wheel and shall not contact the flanges.
    (5) Blotters. When blotters or flange facings of compressible 
material are required, they shall cover entire contact area of wheel 
flanges. Blotters need not be used with the following types of wheels:
    (i) Mounted wheels.
    (ii) Abrasive discs (inserted nut, inserted washer, and projecting-
stud type).
    (iii) Plate mounted wheels.
    (iv) Cylinders, cups, or segmental wheels that are mounted in 
chucks.
    (v) Types 27 and 28 wheels.
    (vi) Certain Type 1 and Type 27A cutting-off wheels.
    (vii) Certain internal wheels.
    (viii) Type 4 tapered wheels.
    (ix) Diamond wheels, except certain vitrified diamond wheels.
    (6) Multiple wheel mounting. When more than one wheel is mounted 
between a single set of flanges, wheels may be cemented together or 
separated by specially designed spacers. Spacers shall be equal in 
diameter to the mounting flanges and have equal bearing surfaces. When 
mounting wheels which have not been cemented together, or ones which do 
not utilize separating spacers, care must be exercised to use wheels 
specially manufactured for that purpose.
[GRAPHIC] [TIFF OMITTED] TC27OC91.069


                    Table O-1--Minimum Basic Thickness for Peripheral and Side Members for Safety Guards Used With Cutting-Off Wheels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Cutting off wheel diameters
                                                                                   ---------------------------------------------------------------------
  Material used in construction of    Maximum thickness of                             6 to 11     Over 11 to    Over 20 to    Over 30 to    Over 48 to
               guard                    cutting off wheel     Speed not to exceed      inches       20 inches     30 inches     48 inches     72 inches
                                                                                   ---------------------------------------------------------------------
                                                                                      A      B      A      B      A      B      A      B      A      B
--------------------------------------------------------------------------------------------------------------------------------------------------------
Structural steel (min. tensile       \1/2\ inch or less....  14,200 SFPM..........    \1/    \1/    \3/    \3/  \1/8\  \1/8\    \3/    \3/  \1/4\  \1/4\
 strength 60,000 p.s.i.).                                                             16\    16\    32\    32\                  16\    16\
                                     \1/2\ inch or less....  16,000 SFPM..........    \3/  \1/8\  \1/8\  \1/8\    \3/  \1/8\  \1/4\    \3/    \5/  \1/4\
                                                                                      32\                         16\                  16\    16\
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 623]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.070


                              Table O-3--Guide for Construction of Band Type Guards
                                        [Maximum Wheel Speed 7,000 SFPM]
----------------------------------------------------------------------------------------------------------------
                                                                                                        Maximum
                                                                                Minimum     Minimum    distance
     Minimum material specifications               Diameter of wheel           thickness   diameter     between
                                                                               of band A   of rivets  centers of
                                                                                                        rivets
----------------------------------------------------------------------------------------------------------------
                                                                           Inches
----------------------------------------------------------------------------------------------------------------
Hot rolled steel SAE 1008................  Under 8..........................      \1/16\      \3/16\       \3/4\
                                           8 to 24..........................       \1/8\       \1/4\           1
                                           Over 24 to 30....................       \1/4\       \3/8\      1\1/4\
----------------------------------------------------------------------------------------------------------------

                                                                                                      [GRAPHIC] [TIFF OMITTED] TC27OC91.071
                                                                                                      

  Table O-5--Minimum Dimensions for Straight Adaptor Flange--for Organic Bonded Wheels Over 1\1/4\ Inches Thick
                                                       \1\
                                                   [In inches]
----------------------------------------------------------------------------------------------------------------
                                                                                          E--Minimum
                                                                  B--Minimum  D--Minimun   thickness  F \1\--(D-
                   Wheel diameter                     Wheel hole    flange     thickness   of flange  E) minimum
                                                       diameter    diameter    of flange  at edge of   thickness
                                                                                at bore    undercut
----------------------------------------------------------------------------------------------------------------
12 to 14............................................           4           6       \7/8\       \3/8\       \1/2\
                                                               5           7       \7/8\       \3/8\       \1/2\
                                                               6           8       \7/8\       \3/8\       \1/2\
Larger than 14 to 18................................           4           6       \7/8\       \3/8\       \1/2\
                                                               5           7       \7/8\       \3/8\       \1/2\
                                                               6           8       \7/8\       \3/8\       \1/2\
                                                               7           9       \7/8\       \3/8\       \1/2\
                                                               8          10       \7/8\       \3/8\       \1/2\
Larger than 18 to 24................................           6           8           1       \1/2\       \1/2\
                                                               7           9           1       \1/2\       \1/2\

[[Page 624]]

 
                                                               8          10           1       \1/2\       \1/2\
                                                              10          12           1       \1/2\       \1/2\
                                                              12          14           1       \1/2\       \1/2\
Larger than 24 to 30................................          12          15           1       \1/2\       \1/2\
Larger than 30 to 36................................          12          15      1\3/8\       \7/8\       \1/2\
----------------------------------------------------------------------------------------------------------------
\1\ For wheels under 1\1/4\ inches thick F dimension shall not exceed 40 percent of wheel thickness.

[GRAPHIC] [TIFF OMITTED] TC27OC91.072


                         Table O-6--Minimum Dimensions for Straight Relieved Flanges \1\
                                                   [In inches]
----------------------------------------------------------------------------------------------------------------
                                                                    C--Radial width of                E--Minimum
                                                      B--Minimum      bearing surface     D--Minimum   thickness
                A--Diameter of wheel                    outside  ------------------------  thickness   of flange
                                                       diameter                            of flange  at edge of
                                                      of flanges    Minimum     Maximum     at bore     recess
----------------------------------------------------------------------------------------------------------------
1...................................................       \3/8\      \1/16\       \1/8\      \1/16\      \1/16\
2...................................................       \3/4\       \1/8\      \3/16\       \1/8\      \3/32\
3...................................................           1       \1/8\      \3/16\      \3/16\      \3/32\
4...................................................      1\3/8\       \1/8\      \3/16\      \3/16\       \1/8\
5...................................................      1\3/4\      \3/16\       \1/4\       \1/4\       \1/8\
6...................................................           2       \1/4\       \1/2\       \3/8\      \3/16\
7...................................................      2\1/2\       \1/4\       \1/2\       \3/8\      \3/16\
8...................................................           3       \1/4\       \1/2\       \3/8\      \3/16\
10..................................................      3\1/2\      \5/16\       \5/8\       \3/8\       \1/4\
12..................................................           4      \5/16\       \5/8\       \1/2\      \5/16\
14..................................................      4\1/2\       \3/8\       \3/4\       \1/2\      \5/16\
16..................................................      5\1/2\       \1/2\           1       \1/2\      \5/16\
18..................................................           6       \1/2\           1       \5/8\       \3/8\
20..................................................           7       \5/8\      1\1/4\       \5/8\       \3/8\
22..................................................      7\1/2\       \5/8\      1\1/4\       \5/8\      \7/16\
24..................................................           8       \3/4\      1\1/4\       \5/8\      \7/16\
26..................................................      8\1/2\       \3/4\      1\1/4\       \5/8\       \1/2\
28..................................................          10       \7/8\      1\1/2\       \3/4\       \1/2\
30..................................................          10       \7/8\      1\1/2\       \3/4\       \5/8\
36..................................................          12           1           2       \7/8\       \3/4\
42..................................................          14           1           2       \7/8\       \3/4\
48..................................................          16      1\1/4\           2      1\1/8\           1
60..................................................          20      1\1/4\           2      1\1/4\      1\1/8\
72..................................................          24      1\1/2\      2\1/2\      1\3/8\      1\1/4\
----------------------------------------------------------------------------------------------------------------
\1\ Flanges for wheels under 2 inches diameter may be unrelieved and shall be maintained flat and true.


[[Page 625]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.073


   Table O-7--Minimum Dimensions for Straight Flanges--for Mechanical
              Grinders 12,500 S.F.P.M. to 16,5 S.F.P.M. \1\
------------------------------------------------------------------------
                                                  E--Minimum
                          B--Minimum  D--Minimum   thickness  F \2\--(D-
   Wheel      Wheel hole    flange     thickness   of flange  E) minimum
  diameter     diameter    diameter    of flange  at edge of   thickness
                                        at bore    undercut
------------------------------------------------------------------------
         20            6           8           1       \1/2\       \1/2\
         20            8          10      1\1/2\       \3/4\       \3/4\
         24           12          15           2           1           1
         30           12          15           2           1           1
         36           12          15           2           1
------------------------------------------------------------------------
\1\ Flanges shall be of steel, quality SAE 1040 or equivalent, annealed
  plate, heat treated to R. 25-30.
\2\ For wheels under 1\1/4\ inch thick F dimension shall not exceed 40
  percent of wheel thickness.

  [GRAPHIC] [TIFF OMITTED] TC27OC91.074
  

      Table O-8--Minimum Dimensions for Straight Flanges Used as Wheel Sleeves for Precision Grinding Only
                                                   [In inches]
----------------------------------------------------------------------------------------------------------------
                                                                                                      E--Minimum
                                                                              B--Minimum  D--Minimum   thickness
                         Wheel diameter                           Wheel hole    outside    thickness   of flange
                                                                   diameter    diameter    of flange  at edge of
                                                                               of flange    at bore    undercut
----------------------------------------------------------------------------------------------------------------
12 to 14........................................................           5           7       \1/2\      \7/16\
Larger than 14 to 20............................................           5           7       \5/8\      \7/16\
                                                                           6           8       \5/8\      \7/16\
                                                                           8          10       \5/8\      \7/16\
                                                                          10     11\1/2\       \5/8\      \7/16\
                                                                          12     13\1/2\       \5/8\      \7/16\
Larger than 20 to 30............................................           8          10       \3/4\       \1/2\
                                                                          10     11\1/2\       \3/4\       \1/2\
                                                                          12     13\1/2\       \3/4\       \1/2\
                                                                          16     17\1/2\       \3/4\       \1/2\
Larger than 30 to 42............................................          12     13\1/2\       \3/4\       \1/2\
                                                                          16     17\1/2\       \3/4\       \1/2\
                                                                          18     19\1/2\       \3/4\       \1/2\
                                                                          20     21\1/2\       \3/4\       \1/2\
Larger than 42 to 60............................................          16          20           1       \3/4\
                                                                          20          24           1       \3/4\
                                                                          24          29      1\1/8\       \7/8\
----------------------------------------------------------------------------------------------------------------
Note: These flanges may be clamped together by means of a central nut, or by a series of bolts or some other
  equivalent means of fastening. For hole sizes smaller than shown in this table, use table 12.


[[Page 626]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.075


[[Page 627]]


                                  Table O-9--Minimum Basic Thicknesses of Peripheral and Side Members for Safety Guards
                                                                       [In inches]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Grinding wheel diameters
                                Maximum  ---------------------------------------------------------------------------------------------------------------
Material used in construction  thickness   3 to 6 inches   Over 6 to 12    Over 12 to 16   Over 16 to 20   Over 20 to 24   Over 24 to 30   Over 30 to 48
           of guard                of    ----------------     inches          inches          inches          inches          inches          inches
                                grinding                 -----------------------------------------------------------------------------------------------
                                 wheel       A       B       A       B       A       B       A       B       A       B       A       B       A       B
--------------------------------------------------------------------------------------------------------------------------------------------------------
Material                              2    \1/4\   \1/4\   \3/8\  \5/16\   \1/2\   \3/8\   \5/8\   \1/2\   \7/8\   \5/8\       1   \3/4\  1\1/4\       1
 satis-                               4   \5/16\  \5/16\   \3/8\  \5/16\   \1/2\   \3/8\   \3/4\   \5/8\       1   \5/8\  1\1/8\   \3/4\  1\3/8\       1
 factory \1\                          6    \3/8\  \5/16\   \1/2\  \7/16\   \5/8\   \1/2\       1   \5/8\  1\1/8\   \3/4\  1\1/4\   \7/8\  1\1/2\  1\1/8\
 for                                  8   ......  ......   \5/8\  \9/16\   \7/8\   \3/4\       1   \3/4\  1\1/8\   \3/4\  1\1/4\   \7/8\  1\1/2\  1\1/8\
 speeds                              10   ......  ......   \3/4\    \11/   \7/8\   \3/4\       1   \3/4\  1\1/8\   \3/4\  1\1/4\   \7/8\  1\1/2\  1\1/8\
                                                                     16\
 up to                               16   ......  ......  ......  ......  1\1/8\       1  1\1/4\       1    1\5/       1    1\7/    1\1/  1\3/4\  1\3/8\
                                                                                                             16\             16\     16\
 8,000                               20   ......  ......  ......  ......  ......  ......  1\3/8\  1\1/8\  1\3/8\  1\1/8\  1\1/2\  1\3/8\       2  1\5/8\
 SFPM.
Cast iron (min. tensile
 strength 20,000 p.s.i.)
 Class 20.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Material                              2    \1/4\   \1/4\   \3/8\  \5/16\   \1/2\   \3/8\   \5/8\   \1/2\   \3/4\   \5/8\   \7/8\   \3/4\       1   \7/8\
 satis-                               4   \5/16\  \5/16\   \3/8\  \5/16\   \1/2\   \3/8\   \5/8\   \1/2\   \3/4\   \5/8\   \7/8\   \3/4\  1\1/8\   \7/8\
 factory \1\                          6    \3/8\  \5/16\   \1/2\  \7/16\   \5/8\   \1/2\   \3/4\   \5/8\   \7/8\   \5/8\       1   \3/4\  1\1/4\   \7/8\
 for                                  8   ......  ......   \1/2\  \7/16\   \5/8\   \1/2\   \3/4\   \5/8\   \7/8\   \5/8\       1   \3/4\  1\1/4\   \7/8\
 speeds                              10   ......  ......   \1/2\  \7/16\   \5/8\   \1/2\   \3/4\   \5/8\   \7/8\   \5/8\       1   \3/4\  1\1/4\   \7/8\
 up to                               16   ......  ......  ......  ......    \13/    \11/    \13/    \11/       1   \3/4\  1\1/8\   \7/8\  1\3/8\       1
                                                                             16\     16\     16\     16\
 9,000                               20   ......  ......  ......  ......  ......  ......   \7/8\   \3/4\       1   \3/4\  1\1/8\   \7/8\  1\1/2\  1\1/8\
 SFPM.
Malleable iron (min. tensile
 strength 50,000 p.s.i.)
 Grade 32510.
Materials                             2    \1/4\   \1/4\  \5/16\  \5/16\   \3/8\   \3/8\   \1/2\  \7/16\   \5/8\   \1/2\   \3/4\   \5/8\   \7/8\   \3/4\
 satis-                               4    \1/4\   \1/4\   \1/2\   \1/2\   \1/2\   \1/2\  \9/16\   \1/2\   \5/8\   \1/2\   \3/4\   \5/8\       1   \3/4\
 factory \1\                          6    \3/8\   \1/4\   \3/4\   \5/8\   \3/4\   \5/8\   \3/4\   \5/8\    \13/    \11/    \13/    \11/  1\1/8\   \3/4\
                                                                                                             16\     16\     16\     16\
 for                                  8   ......  ......   \7/8\   \3/4\   \7/8\   \3/4\   \7/8\   \3/4\   \7/8\   \3/4\    \15/    \13/  1\3/8\       1
                                                                                                                             16\     16\
 speeds                              10   ......  ......       1   \7/8\       1   \7/8\       1   \7/8\  1\1/8\    \15/  1\1/8\       1    1\7/    1\1/
                                                                                                                     16\                     16\     16\
 up to                               16   ......  ......  ......  ......  1\1/4\  1\1/8\  1\1/4\  1\1/8\  1\1/4\  1\1/8\  1\1/4\  1\1/8\   1\13/    1\7/
                                                                                                                                             16\     16\
 16,000                              20   ......  ......  ......  ......  ......  ......  1\3/8\  1\1/4\  1\3/8\  1\1/4\    1\7/    1\5/    2\1/   1\11/
                                                                                                                             16\     16\     16\     16\
 SFPM.
Steel castings (min. tensile
 strength 60,000 p.s.i.)
 Grade V60-30.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Structural                            2    \1/8\  \1/16\  \5/16\   \1/4\  \5/16\   \1/4\  \5/16\   \1/4\  \5/16\   \1/4\   \3/8\  \5/16\   \1/2\   \3/8\
 steel                                4    \1/8\  \1/16\   \3/8\  \5/16\   \3/8\  \5/16\   \3/8\  \5/16\   \3/8\  \5/16\   \3/8\  \5/16\   \1/2\   \3/8\
 (min.                                6   \3/16\  \1/16\   \1/2\   \3/8\  \7/16\   \3/8\  \7/16\   \3/8\  \7/16\   \3/8\  \7/16\   \3/8\   \3/4\   \1/2\
 tensile                              8   ......  ......   \1/2\   \3/8\  \9/16\  \7/16\  \9/16\  \7/16\       9
 strength                            10   \9/16\  \7/16\   \5/8\   \1/2\   \5/8\   \1/2\   \5/8\   \1/2\   \5/8\   \1/2\   \7/8\   \5/8\
 60,000                              16   ......  ......  ......  ......   \5/8\  \9/16\   \3/4\   \5/8\   \3/4\   \5/8\    \13/    \11/    1\1/    \13/
                                                                                                                             16\     16\     16\     16\
 p.s.i.)                             20   ......  ......  ......  ......  ......  ......    \13/    \11/    \13/    \11/   \7/8\   \3/4\    1\3/    \15/
                                                                                             16\     16\     16\     16\                     16\     16\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The recommendations listed in the above table are guides for the conditions stated. Other material, designs or dimensions affording equal or
  superior protection are also acceptable.


[[Page 628]]


               Table O-2--Exposure Versus Wheel Thickness
                               [In inches]
------------------------------------------------------------------------
                                                                Maximum
                                                               exposure
               Overall thickness of wheel (T)                  of wheel
                                                                  (C)
------------------------------------------------------------------------
\1/2\.......................................................       \1/4\
1...........................................................       \1/2\
2...........................................................       \3/4\
3...........................................................           1
4...........................................................      1\1/2\
5 and over..................................................           2
------------------------------------------------------------------------


Table O-4--Minimum Dimensions for Straight Unrelieved Flanges for Wheels
                with Threaded Inserts or Projecting Studs
------------------------------------------------------------------------
                          B \1\--Minimum outside    T--Minimum thickness
  A--Diameter of wheel      diameter of flange           of flange
------------------------------------------------------------------------
              1                    \5/8\                    \1/8\
              2                        1                    \1/8\
              3                        1                   \3/16\
              4                  1 \3/8\                   \3/16\
              5                   1\3/4\                    \1/4\
              6                        2                    \3/8\
------------------------------------------------------------------------
\1\ Note: Must be large enough to extend beyond the bushing. Where prong
  anchor or cupback bushing are used, this footnote does not apply.


[39 FR 23502, June 27, 1974, as amended at 43 FR 49750, Oct. 24, 1978; 
49 FR 5323, Feb. 10, 1984; 61 FR 9240, Mar. 7, 1996]



Sec.  1910.216  Mills and calenders in the rubber and plastics industries.

    (a) General requirements--
    (1)-(2) [Reserved]
    (3) Auxiliary equipment. Mechanical and electrical equipment and 
auxiliaries shall be installed in accordance with this section and 
subpart S of this part.
    (4) Mill roll heights. All new mill installations shall be installed 
so that the top of the operating rolls is not less than 50 inches above 
the level on which the operator stands, irrespective of the size of the 
mill. This distance shall apply to the actual working level, whether it 
be at the general floor level, in a pit, or on a platform.
    (b) Mill safety controls--(1) Safety trip control. A safety trip 
control shall be provided in front and in back of each mill. It shall be 
accessible and shall operate readily on contact. The safety trip control 
shall be one of the following types or a combination thereof:
    (i) Pressure-sensitive body bars. Installed at front and back of 
each mill having a 46-inch roll height or over. These bars shall operate 
readily by pressure of the mill operator's body.
    (ii) Safety triprod. Installed in the front and in the back of each 
mill and located within 2 inches of a vertical plane tangent to the 
front and rear rolls. The top rods shall be not more than 72 inches 
above the level on which the operator stands. The triprods shall be 
accessible and shall operate readily whether the rods are pushed or 
pulled.
    (iii) Safety tripwire cable or wire center cord. Installed in the 
front and in the back of each mill and located within 2 inches of a 
vertical plane tangent to the front and rear rolls. The cables shall not 
be more than 72 inches above the level on which the operator stands. The 
tripwire cable or wire center cord shall operate readily whether cable 
or cord is pushed or pulled.
    (2) [Reserved]
    (3) Auxiliary equipment. All auxiliary equipment such as mill 
divider, support bars, spray pipes, feed conveyors, strip knives, etc., 
shall be located in such a manner as to avoid interference with access 
to and operation of safety devices.
    (c) Calender safety controls--(1) Safety trip, face. A safety 
triprod, cable, or wire center cord shall be provided across each pair 
of in-running rolls extending the length of the face of the rolls. It 
shall be readily accessible and operate whether pushed or pulled. The 
safety tripping devices shall be located within reach of the operator 
and the bite.
    (2) Safety trip, side. On both sides of the calender and near each 
end of the face of the roll, there shall be a cable or wire center cord 
connected to the safety trip. They shall operate readily when pushed or 
pulled.
    (d) Protection by location--(1) Mills. Where a mill is so installed 
that persons cannot normally reach through, over, under, or around to 
come in contact with the roll bite or be caught between a roll and an 
adjacent object, then, provided such elements are made a fixed part of a 
mill, safety control devices listed in paragraph (b) of this section 
shall not apply.
    (2) Calenders. Where a calender is so installed that persons cannot 
normally reach through, over, under, or around

[[Page 629]]

to come in contact with the roll bite or be caught between a roll and an 
adjacent object, then, provided such elements are made a fixed part of a 
calender, safety control devices listed in paragraph (c) of this section 
shall not apply.
    (e) Trip and emergency switches. All trip and emergency switches 
shall not be of the automatically resetting type, but shall require 
manual resetting.
    (f) Stopping limits--(1) Determination of distance of travel. All 
measurements on mills and calenders shall be taken with the rolls 
running empty at maximum operating speed. Stopping distances shall be 
expressed in inches of surface travel of the roll from the instant the 
emergency stopping device is actuated.
    (2) Stopping limits for mills. All mills irrespective of the size of 
the rolls or their arrangement (individually or group-driven) shall be 
stopped within a distance, as measured in inches of surface travel, not 
greater than 1\1/2\ percent of the peripheral no-load surface speeds of 
the respective rolls as determined in feet per minute.
    (3) Stopping limits for calenders. (i) All calenders, irrespective 
of size of the rolls or their configuration, shall be stopped within a 
distance, as measured in inches of surface travel, not greater than 1\3/
4\ percent of the peripheral no-load surface speeds of the respective 
calender rolls as determined in feet per minute.
    (ii) Where speeds above 250 feet per minute as measured on the 
surface of the drive roll are used, stopping distances of more than 1\3/
4\ percent are permissible. Such stopping distances shall be subject to 
engineering determination.

[39 FR 23502, June 27, 1974, as amended at 49 FR 5323, Feb. 10, 1984; 61 
FR 9240, Mar. 7, 1996]



Sec.  1910.217  Mechanical power presses.

    (a) General requirements. (1)-(3) [Reserved]
    (4) Reconstruction and modification. It shall be the responsibility 
of any person reconstructing, or modifying a mechanical power press to 
do so in accordance with paragraph (b) of this section.
    (5) Excluded machines. Press brakes, hydraulic and pneumatic power 
presses, bulldozers, hot bending and hot metal presses, forging presses 
and hammers, riveting machines and similar types of fastener applicators 
are excluded from the requirements of this section.
    (b) Mechanical power press guarding and construction, general--(1) 
Hazards to personnel associated with broken or falling machine 
components. Machine components shall be designed, secured, or covered to 
minimize hazards caused by breakage, or loosening and falling or release 
of mechanical energy (i.e. broken springs).
    (2) Brakes. Friction brakes provided for stopping or holding a slide 
movement shall be inherently self-engaging by requiring power or force 
from an external source to cause disengagement. Brake capacity shall be 
sufficient to stop the motion of the slide quickly and capable of 
holding the slide and its attachments at any point in its travel.
    (3) Machines using full revolution positive clutches. (i) Machines 
using full revolution clutches shall incorporate a single-stroke 
mechanism.
    (ii) If the single-stroke mechanism is dependent upon spring action, 
the spring(s) shall be of the compression type, operating on a rod or 
guided within a hole or tube, and designed to prevent interleaving of 
the spring coils in event of breakage.
    (4) Foot pedals (treadle). (i) The pedal mechanism shall be 
protected to prevent unintended operation from falling or moving objects 
or by accidental stepping onto the pedal.
    (ii) A pad with a nonslip contact area shall be firmly attached to 
the pedal.
    (iii) The pedal return spring(s) shall be of the compression type, 
operating on a rod or guided within a hole or tube, or designed to 
prevent interleaving of spring coils in event of breakage.
    (iv) If pedal counterweights are provided, the path of the travel of 
the weight shall be enclosed.
    (5) Hand operated levers. (i) Hand-lever-operated power presses 
shall be equipped with a spring latch on the operating lever to prevent 
premature or accidental tripping.
    (ii) The operating levers on hand-tripped presses having more than 
one operating station shall be interlocked

[[Page 630]]

to prevent the tripping of the press except by the ``concurrent'' use of 
all levers.
    (6) Two-hand trip. (i) A two-hand trip shall have the individual 
operator's hand controls protected against unintentional operation and 
have the individual operator's hand controls arranged by design and 
construction and/or separation to require the use of both hands to trip 
the press and use a control arrangement requiring concurrent operation 
of the individual operator's hand controls.
    (ii) Two-hand trip systems on full revolution clutch machines shall 
incorporate an antirepeat feature.
    (iii) If two-hand trip systems are used on multiple operator 
presses, each operator shall have a separate set of controls.
    (7) Machines using part revolution clutches. (i) The clutch shall 
release and the brake shall be applied when the external clutch engaging 
means is removed, deactivated, or deenergized.
    (ii) A red color stop control shall be provided with the clutch/
brake control system. Momentary operation of the stop control shall 
immediately deactivate the clutch and apply the brake. The stop control 
shall override any other control, and reactuation of the clutch shall 
require use of the operating (tripping) means which has been selected.
    (iii) A means of selecting Off, ``Inch,'' Single Stroke, and 
Continuous (when the continuous function is furnished) shall be supplied 
with the clutch/brake control to select type of operation of the press. 
Fixing of selection shall be by means capable of supervision by the 
employer.
    (iv) The ``Inch'' operating means shall be designed to prevent 
exposure of the workers hands within the point of operation by:
    (a) Requiring the concurrent use of both hands to actuate the 
clutch, or
    (b) Being a single control protected against accidental actuation 
and so located that the worker cannot reach into the point of operation 
while operating the single control.
    (v) Two-hand controls for single stroke shall conform to the 
following requirements:
    (a) Each hand control shall be protected against unintended 
operation and arranged by design, construction, and/or separation so 
that the concurrent use of both hands is required to trip the press.
    (b) The control system shall be designed to permit an adjustment 
which will require concurrent pressure from both hands during the die 
closing portion of the stroke.
    (c) The control system shall incorporate an antirepeat feature.
    (d) The control systems shall be designed to require release of all 
operators' hand controls before an interrupted stroke can be resumed. 
This requirement pertains only to those single-stroke, two-hand controls 
manufactured and installed on or after August 31, 1971.
    (vi) [Reserved]
    (vii) Controls for more than one operating station shall be designed 
to be activated and deactivated in complete sets of two operator's hand 
controls per operating station by means capable of being supervised by 
the employer. The clutch/brake control system shall be designed and 
constructed to prevent actuation of the clutch if all operating stations 
are bypassed.
    (viii) Those clutch/brake control systems which contain both single 
and continuous functions shall be designed so that completion of 
continuous circuits may be supervised by the employer. The initiation of 
continuous run shall require a prior action or decision by the operator 
in addition to the selection of Continuous on the stroking selector, 
before actuation of the operating means will result in continuous 
stroking.
    (ix) If foot control is provided, the selection method between hand 
and foot control shall be separate from the stroking selector and shall 
be designed so that the selection may be supervised by the employer.
    (x) Foot operated tripping controls, if used, shall be protected so 
as to prevent operation from falling or moving objects, or from 
unintended operation by accidental stepping onto the foot control.
    (xi) The control of air-clutch machines shall be designed to prevent 
a

[[Page 631]]

significant increase in the normal stopping time due to a failure within 
the operating value mechanism, and to inhibit further operation if such 
failure does occur. This requirement shall apply only to those clutch/
brake air-valve controls manufactured and installed on or after August 
31, 1971, but shall not apply to machines intended only for continuous, 
automatic feeding applications.
    (xii) The clutch/brake control shall incorporate an automatic means 
to prevent initiation or continued activation of the Single Stroke or 
Continuous functions unless the press drive motor is energized and in 
the forward direction.
    (xiii) The clutch/brake control shall automatically deactivate in 
event of failure of the power or pressure supply for the clutch engaging 
means. Reactivation of the clutch shall require restoration of normal 
supply and the use of the tripping mechanism(s).
    (xiv) The clutch/brake control shall automatically deactivate in 
event of failure of the counterbalance(s) air supply. Reactivation of 
the clutch shall require restoration of normal air supply and use of the 
tripping mechanism(s).
    (xv) Selection of bar operation shall be by means capable of being 
supervised by the employer. A separate pushbutton shall be employed to 
activate the clutch, and the clutch shall be activated only if the 
driver motor is deenergized.
    (8) Electrical. (i) A main power disconnect switch capable of being 
locked only in the Off position shall be provided with every power press 
control system.
    (ii) The motor start button shall be protected against accidental 
operation.
    (iii) All mechanical power press controls shall incorporate a type 
of drive motor starter that will disconnect the drive motor from the 
power source in event of control voltage or power source failure, and 
require operation of the motor start button to restart the motor when 
voltage conditions are restored to normal.
    (iv) All a.c. control circuits and solenoid value coils shall be 
powered by not more than a nominal 120-volt a.c. supply obtained from a 
transformer with an isolated secondary. Higher voltages that may be 
necessary for operation of machine or control mechanisms shall be 
isolated from any control mechanism handled by the operator, but motor 
starters with integral Start-Stop buttons may utilize line voltage 
control. All d.c. control circuits shall be powered by not more than a 
nominal 240-volt d.c. supply isolated from any higher voltages.
    (v) All clutch/brake control electrical circuits shall be protected 
against the possibility of an accidental ground in the control circuit 
causing false operation of the press.
    (vi) Electrical clutch/brake control circuits shall incorporate 
features to minimize the possibility of an unintended stroke in the 
event of the failure of a control component to function properly, 
including relays, limit switches, and static output circuits.
    (9) Slide counterbalance systems. (i) Spring counterbalance systems 
when used shall incorporate means to retain system parts in event of 
breakage.
    (ii) Spring counterbalances when used shall have the capability to 
hold the slide and its attachments at midstroke, without brake applied.
    (iii) Air counterbalance cylinders shall incorporate means to retain 
the piston and rod in case of breakage or loosening.
    (iv) Air counterbalance cylinders shall have adequate capability to 
hold the slide and its attachments at any point in stroke, without brake 
applied.
    (v) Air counterbalance cylinders shall incorporate means to prevent 
failure of capability (sudden loss of pressure) in event of air supply 
failure.
    (10) Air controlling equipment. Air controlling equipment shall be 
protected against foreign material and water entering the pneumatic 
system of the press. A means of air lubrication shall be provided when 
needed.
    (11) Hydraulic equipment. The maximum anticipated working pressures 
in any hydraulic system on a mechanical power press shall not exceed the 
safe working pressure rating of any component used in that system.
    (12) Pressure vessels. All pressure vessels used in conjunction with 
power presses shall conform to the American Society of Mechanical 
Engineers Code

[[Page 632]]

for Pressure Vessels, 1968 Edition, which is incorporated by reference 
as specified in Sec.  1910.6.
    (13) Control reliability. When required by paragraph (c)(5) of this 
section, the control system shall be constructed so that a failure 
within the system does not prevent the normal stopping action from being 
applied to the press when required, but does prevent initiation of a 
successive stroke until the failure is corrected. The failure shall be 
detectable by a simple test, or indicated by the control system. This 
requirement does not apply to those elements of the control system which 
have no effect on the protection against point of operation injuries.
    (14) Brake system monitoring. When required by paragraph (c)(5) of 
this section, the brake monitor shall meet the following requirements:
    (i) Be so constructed as to automatically prevent the activation of 
a successive stroke if the stopping time or braking distance 
deteriorates to a point where the safety distance being utilized does 
not meet the requirements set forth in paragraph (c)(3)(iii)(e) or 
(c)(3)(vii)(c) of this section. The brake monitor used with the Type B 
gate or movable barrier device shall be installed in a manner to detect 
slide top-stop overrun beyond the normal limit reasonably established by 
the employer.
    (ii) Be installed on a press such that it indicates when the 
performance of the braking system has deteriorated to the extent 
described in paragraph (b)(14)(i) of this section; and
    (iii) Be constructed and installed in a manner to monitor brake 
system performance on each stroke.
    (c) Safeguarding the point of operation--(1) General requirements. 
(i) It shall be the responsibility of the employer to provide and insure 
the usage of ``point of operation guards'' or properly applied and 
adjusted point of operation devices on every operation performed on a 
mechanical power press. See Table O-10.
    (ii) The requirement of paragraph (c)(1)(i) of this section shall 
not apply when the point of operation opening is one-fourth inch or 
less. See Table O-10.
    (2) Point of operation guards. (i) Every point of operation guard 
shall meet the following design, construction, application, and 
adjustment requirements:
    (a) It shall prevent entry of hands or fingers into the point of 
operation by reaching through, over, under or around the guard;
    (b) It shall conform to the maximum permissible openings of Table O-
10;
    (c) It shall, in itself, create no pinch point between the guard and 
moving machine parts;
    (d) It shall utilize fasteners not readily removable by operator, so 
as to minimize the possibility of misuse or removal of essential parts;
    (e) It shall facilitate its inspection, and
    (f) It shall offer maximum visibility of the point of operation 
consistent with the other requirements.
    (ii) A die enclosure guard shall be attached to the die shoe or 
stripper in a fixed position.
    (iii) A fixed barrier guard shall be attached securely to the frame 
of the press or to the bolster plate.
    (iv) An interlocked press barrier guard shall be attached to the 
press frame or bolster and shall be interlocked with the press clutch 
control so that the clutch cannot be activated unless the guard itself, 
or the hinged or movable sections of the guard are in position to 
conform to the requirements of Table O-10.
    (v) The hinged or movable sections of an interlocked press barrier 
guard shall not be used for manual feeding. The guard shall prevent 
opening of the interlocked section and reaching into the point of 
operation prior to die closure or prior to the cessation of slide 
motion. See paragraph (c)(3)(ii) of this section regarding manual 
feeding through interlocked press barrier devices.
    (vi) The adjustable barrier guard shall be securely attached to the 
press bed, bolster plate, or die shoe, and shall be adjusted and 
operated in conformity with Table O-10 and the requirements of this 
subparagraph. Adjustments shall be made only by authorized personnel 
whose qualifications include a knowledge of the provisions of Table O-10 
and this subparagraph.
    (vii) A point of operation enclosure which does not meet the 
requirements of this subparagraph and Table O-10

[[Page 633]]

shall be used only in conjunction with point of operation devices.
    (3) Point of operation devices. (i) Point of operation devices shall 
protect the operator by:
    (a) Preventing and/or stopping normal stroking of the press if the 
operator's hands are inadvertently placed in the point of operation; or
    (b) Preventing the operator from inadvertently reaching into the 
point of operation, or withdrawing his hands if they are inadvertently 
located in the point of operation, as the dies close; or
    (c) Preventing the operator from inadvertently reaching into the 
point of operation at all times; or
    (d) [Reserved]
    (e) Requiring application of both of the operator's hands to machine 
operating controls and locating such controls at such a safety distance 
from the point of operation that the slide completes the downward travel 
or stops before the operator can reach into the point of operation with 
his hands; or
    (f) Enclosing the point of operation before a press stroke can be 
initiated, and maintaining this closed condition until the motion of the 
slide had ceased; or
    (g) Enclosing the point of operation before a press stroke can be 
initiated, so as to prevent an operator from reaching into the point of 
operation prior to die closure or prior to cessation of slide motion 
during the downward stroke.
    (ii) A gate or movable barrier device shall protect the operator as 
follows:
    (a) A Type A gate or movable barrier device shall protect the 
operator in the manner specified in paragraph (c)(3)(i)(f) of this 
section, and
    (b) A Type B gate or movable barrier device shall protect the 
operator in the manner specified in paragraph (c)(3)(i)(g) of this 
section.
    (iii) A presence sensing point of operation device shall protect the 
operator as provided in paragraph (c)(3)(i)(a) of this section, and 
shall be interlocked into the control circuit to prevent or stop slide 
motion if the operator's hand or other part of his body is within the 
sensing field of the device during the downstroke of the press slide.
    (a) The device may not be used on machines using full revolution 
clutches.
    (b) The device may not be used as a tripping means to initiate slide 
motion, except when used in total conformance with paragraph (h) of this 
section.
    (c) The device shall be constructed so that a failure within the 
system does not prevent the normal stopping action from being applied to 
the press when required, but does prevent the initiation of a successive 
stroke until the failure is corrected. The failure shall be indicated by 
the system.
    (d) Muting (bypassing of the protective function) of such device, 
during the upstroke of the press slide, is permitted for the purpose of 
parts ejection, circuit checking, and feeding.
    (e) The safety distance (Ds) from the sensing field to 
the point of operation shall be greater than the distance determined by 
the following formula:

Ds = 63 inches/second x Ts

where:

Ds = minimum safety distance (inches); 63 inches/second = 
          hand speed constant;
and
Ts = stopping time of the press measured at approximately 
          90[deg] position of crankshaft rotation (seconds).

    (f) Guards shall be used to protect all areas of entry to the point 
of operation not protected by the presence sensing device.
    (iv) The pull-out device shall protect the operator as specified in 
paragraph (c)(3)(i)(b) of this section, and shall include attachments 
for each of the operator's hands.
    (a) Attachments shall be connected to and operated only by the press 
slide or upper die.
    (b) Attachments shall be adjusted to prevent the operator from 
reaching into the point of operation or to withdraw the operator's hands 
from the point of operation before the dies close.
    (c) A separate pull-out device shall be provided for each operator 
if more than one operator is used on a press.
    (d) Each pull-out device in use shall be visually inspected and 
checked for proper adjustment at the start of each operator shift, 
following a new die set-up, and when operators are changed. Necessary 
maintenance or repair or

[[Page 634]]

both shall be performed and completed before the press is operated. 
Records of inspections and maintenance shall be kept in accordance with 
paragraph (e) of this section.
    (v) The sweep device may not be used for point of operation 
safeguarding.
    (vi) A holdout or a restraint device shall protect the operator as 
specified in paragraph (c)(3)(i)(c) of this section and shall include 
attachments for each of the operator's hands. Such attachments shall be 
securely anchored and adjusted in such a way that the operator is 
restrained from reaching into the point of operation. A separate set of 
restraints shall be provided for each operator if more than one operator 
is required on a press.
    (vii) The two hand control device shall protect the operator as 
specified in paragraph (c)(3)(i)(e) of this section.
    (a) When used in press operations requiring more than one operator, 
separate two hand controls shall be provided for each operator, and 
shall be designed to require concurrent application of all operators' 
controls to activate the slide. The removal of a hand from any control 
button shall cause the slide to stop.
    (b) Each two hand control shall meet the construction requirements 
of paragraph (b)(7)(v) of this section.
    (c) The safety distance (Ds) between each two hand 
control device and the point of operation shall be greater than the 
distance determined by the following formula:

Ds = 63 inches/second x Ts;

where:

Ds = minimum safety distance (inches); 63 inches/second = 
          hand speed constant;
and
Ts = stopping time of the press measured at approximately 
          90[deg] position of crankshaft rotation (seconds).

    (d) Two hand controls shall be fixed in position so that only a 
supervisor or safety engineer is capable of relocating the controls.
    (viii) The two hand trip device shall protect the operator as 
specified in paragraph (c)(3)(i)(e) of this section.
    (a) When used in press operations requiring more than one operator, 
separate two hand trips shall be provided for each operator, and shall 
be designed to require concurrent application of all operators' to 
activate the slide.
    (b) Each two hand trip shall meet the construction requirements of 
paragraph (b)(6) of this section.
    (c) The safety distance (Dm) between the two hand trip 
and the point of operation shall be greater than the distance determined 
by the following formula:

Dm = 63 inches/second x Tm;

where:

Dm = minimum safety distance (inches); 63 inches/second = 
          hand speed constant;
and
Tm = the maximum time the press takes for the die closure 
          after it has been tripped (seconds). For full revolution 
          clutch presses with only one engaging point Tm is 
          equal to the time necessary for one and one-half revolutions 
          of the crankshaft. For full revolution clutch presses with 
          more than one engaging point, Tm shall be 
          calculated as follows:
Tm = [\1/2\ + (1 / Number of engaging points per revolution)] 
          x time necessary to complete one revolution of the crankshaft 
          (seconds).

    (d) Two hand trips shall be fixed in position so that only a 
supervisor or safety engineer is capable of relocating the controls.
    (4) Hand feeding tools. Hand feeding tools are intended for placing 
and removing materials in and from the press. Hand feeding tools are not 
a point of operation guard or protection device and shall not be used in 
lieu of the ``guards'' or devices required in this section.
    (5) Additional requirements for safe-guarding. Where the operator 
feeds or removes parts by placing one or both hands in the point of 
operation, and a two hand control, presence sensing device, Type B gate 
or movable barrier (on a part revolution clutch) is used for 
safeguarding:
    (i) The employer shall use a control system and a brake monitor 
which comply with paragraphs (b) (13) and (14) of this section;
    (ii) The exception in paragraph (b)(7)(v)(d) of this section for two 
hand controls manufactured and installed before August 31, 1971 is not 
applicable under this paragraph (c)(5);
    (iii) The control of air clutch machines shall be designed to 
prevent a

[[Page 635]]

significant increase in the normal stopping time due to a failure within 
the operating valve mechanism, and to inhibit further operation if such 
failure does occur, where a part revolution clutch is employed. The 
exception in paragraph (b)(7)(xi) of this section for controls 
manufactured and installed before August 31, 1971, is not applicable 
under this paragraph (c)(5).
    (d) Design, construction, setting and feeding of dies--(1) General 
requirements. The employer shall: (i) Use dies and operating methods 
designed to control or eliminate hazards to operating personnel, and 
(ii) furnish and enforce the use of hand tools for freeing and removing 
stuck work or scrap pieces from the die, so that no employee need reach 
into the point of operation for such purposes.
    (2) [Reserved]
    (3) Scrap handling. The employer shall provide means for handling 
scrap from roll feed or random length stock operations. Scrap cutters 
used in conjunction with scrap handling systems shall be safeguarded in 
accordance with paragraph (c) of this section and with Sec.  1910.219.
    (4) Guide post hazard. The hazard created by a guide post (when it 
is located in the immediate vicinity of the operator) when separated 
from its bushing by more than one-fourth inch shall be considered as a 
point of operation hazard and be protected in accordance with paragraph 
(c) of this section.
    (5) Unitized tooling. If unitized tooling is used, the opening 
between the top of the punch holder and the face of the slide, or 
striking pad, shall be safeguarded in accordance with the requirements 
of paragraph (c) of this section.
    (6) Tonnage, stroke, and weight designation. All dies shall be:
    (i) Stamped with the tonnage and stroke requirements, or have these 
characteristics recorded if these records are readily available to the 
die setter;
    (ii) Stamped to indicate upper die weight when necessary for air 
counterbalance pressure adjustment; and
    (iii) Stamped to indicate complete die weight when handling 
equipment may become overloaded.
    (7) Die fastening. Provision shall be made in both the upper and 
lower shoes for securely mounting the die to the bolster and slide. 
Where clamp caps or setscrews are used in conjunction with punch stems, 
additional means of securing the upper shoe to the slide shall be used.
    (8) Die handling. Handling equipment attach points shall be provided 
on all dies requiring mechanical handling.
    (9) Diesetting. (i) The employer shall establish a diesetting 
procedure that will insure compliance with paragraph (c) of this 
section.
    (ii) The employer shall provide spring loaded turnover bars, for 
presses designed to accept such turnover bars.
    (iii) The employer shall provide die stops or other means to prevent 
losing control of the die while setting or removing dies in presses 
which are inclined.
    (iv) The employer shall provide and enforce the use of safety blocks 
for use whenever dies are being adjusted or repaired in the press.
    (v) The employer shall provide brushes, swabs, lubricating rolls, 
and automatic or manual pressure guns so that operators and diesetters 
shall not be required to reach into the point of operation or other 
hazard areas to lubricate material, punches or dies.
    (e) Inspection, maintenance, and modification of presses--(1) 
Inspection and maintenance records. The employer shall establish and 
follow an inspection program having a general component and a directed 
component.
    (i) Under the general component of the inspection program, the 
employer shall:
    (A) Conduct periodic and regular inspections of each power press to 
ensure that all of its parts, auxiliary equipment, and safeguards, 
including the clutch/brake mechanism, antirepeat feature, and single-
stroke mechanism, are in a safe operating condition and adjustment;
    (B) Perform and complete necessary maintenance or repair, or both, 
before operating the press; and
    (C) Maintain a certification record of each inspection, and each 
maintenance and repair task performed, under the general component of 
the inspection program that includes the date of the

[[Page 636]]

inspection, maintenance, or repair work, the signature of the person who 
performed the inspection, maintenance, or repair work, and the serial 
number, or other identifier, of the power press inspected, maintained, 
and repaired.
    (ii) Under the directed component of the inspection program, the 
employer shall:
    (A) Inspect and test each press on a regular basis at least once a 
week to determine the condition of the clutch/brake mechanism, 
antirepeat feature, and single-stroke mechanism;
    (B) Perform and complete necessary maintenance or repair, or both, 
on the clutch/brake mechanism, antirepeat feature, and single-stroke 
mechanism before operating the press; and
    (C) Maintain a certification record of each maintenance task 
performed under the directed component of the inspection program that 
includes the date of the maintenance task, the signature of the person 
who performed the maintenance task, and the serial number, or other 
identifier, of the power press maintained.

    Note to paragraph (e)(1)(ii): Inspections of the clutch/brake 
mechanism, antirepeat feature, and single-stroke mechanism conducted 
under the directed component of the inspection program are exempt from 
the requirement to maintain certification records specified by paragraph 
(e)(1)(i)(C) of this section, but inspections of the clutch/brake 
mechanism, antirepeat feature, and single-stroke mechanism conducted 
under the general component of the inspection program are not exempt 
from this requirement.

    (iii) Paragraph (e)(1)(ii) of this section does not apply to presses 
that comply with paragraphs (b)(13) and (14) of this section.
    (2) Modification. It shall be the responsibility of any person 
modifying a power press to furnish instructions with the modification to 
establish new or changed guidelines for use and care of the power press 
so modified.
    (3) Training of maintenance personnel. It shall be the 
responsibility of the employer to insure the original and continuing 
competence of personnel caring for, inspecting, and maintaining power 
presses.
    (f) Operation of power presses--(1) [Reserved]
    (2) Instruction to operators. The employer shall train and instruct 
the operator in the safe method of work before starting work on any 
operation covered by this section. The employer shall insure by adequate 
supervision that correct operating procedures are being followed.
    (3) Work area. The employer shall provide clearance between machines 
so that movement of one operator will not interfere with the work of 
another. Ample room for cleaning machines, handling material, work 
pieces, and scrap shall also be provided. All surrounding floors shall 
be kept in good condition and free from obstructions, grease, oil, and 
water.
    (4) Overloading. The employer shall operate his presses within the 
tonnage and attachment weight ratings specified by the manufacturer.

[[Page 637]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.076

    Explanation of above diagram:
    This diagram shows the accepted safe openings between the bottom 
edge of a guard and feed table at various distances from the danger line 
(point of operation).
    The clearance line marks the distance required to prevent contact 
between guard and moving parts.
    The minimum guarding line is the distance between the infeed side of 
the guard and the danger line which is one-half inch from the danger 
line.
    The various openings are such that for average size hands an 
operator's fingers won't reach the point of operation.
    After installation of point of operation guards and before a job is 
released for operation a check should be made to verify that the guard 
will prevent the operator's hands from reaching the point of operation.

                               Table O-10
                               [In inches]
------------------------------------------------------------------------
                                                                Maximum
     Distance of opening from point of operation hazard        width of
                                                                opening
------------------------------------------------------------------------
\1/2\ to 1\1/2\.............................................       \1/4\
1\1/2\ to 2\1/2\............................................       \3/8\
2\1/2\ to 3\1/2\............................................       \1/2\
3\1/2\ to 5\1/2\............................................       \5/8\
5\1/2\ to 6\1/2\............................................       \3/4\
6\1/2\ to 7\1/2\............................................       \7/8\
7\1/2\ to 12\1/2\...........................................      1\1/4\
12\1/2\ to 15\1/2\..........................................      1\1/2\
15\1/2\ to 17\1/2\..........................................      1\7/8\
17\1/2\ to 31\1/2\..........................................      2\1/8\
------------------------------------------------------------------------

    This table shows the distances that guards shall be positioned from 
the danger line in accordance with the required openings.

    (g) Reports of injuries to employees operating mechanical power 
presses. (1) The employer shall report, within 30 days of the 
occurrence, all point-of-operation injuries to operators or other 
employees to either the Director of the Directorate of Standards and 
Guidance at OSHA, U.S. Department of Labor, Washington, DC 20210 or 
electronically at http://www.osha.gov/pls/oshaweb/mechanical.html; or to 
the State Agency administering a plan approved by the Assistant 
Secretary of Labor for Occupational Safety and Health.
    (2) The report shall include the following information:
    (i) Employer's name, address and location of the workplace 
(establishment).
    (ii) Employee's name, injury sustained, and the task being performed 
(operation, set-up, maintenance, or other).
    (iii) Type of clutch used on the press (full revolution, part 
revolution, or direct drive).
    (iv) Type of safeguard(s) being used (two hand control, two hand 
trip, pullouts, sweeps, or other). If the safeguard is not described in 
this section, give a complete description.
    (v) Cause of the accident (repeat of press, safeguard failure, 
removing stuck part or scrap, no safeguard provided, no safeguard in 
use, or other).
    (vi) Type of feeding (manual with hands in dies or with hands out of 
dies, semiautomatic, automatic, or other).
    (vii) Means used to actuate press stroke (foot trip, foot control, 
hand trip, hand control, or other).

[[Page 638]]

    (viii) Number of operators required for the operation and the number 
of operators provided with controls and safeguards.
    (h) Presence sensing device initiation (PSDI)--(1) General. (i) The 
requirements of paragraph (h) shall apply to all part revolution 
mechanical power presses used in the PSDI mode of operation.
    (ii) The relevant requirements of paragraphs (a) through (g) of this 
section also shall apply to all presses used in the PSDI mode of 
operation, whether or not cross referenced in this paragraph (h). Such 
cross-referencing of specific requirements from paragraphs (a) through 
(g) of this section is intended only to enhance convenience and 
understanding in relating to the new provisions to the existing 
standard, and is not to be construed as limiting the applicability of 
other provisions in paragraphs (a) through (g) of this section.
    (iii) Full revolution mechanical power presses shall not be used in 
the PSDI mode of operation.
    (iv) Mechanical power presses with a configuration which would allow 
a person to enter, pass through, and become clear of the sensing field 
into the hazardous portion of the press shall not be used in the PSDI 
mode of operation.
    (v) The PSDI mode of operation shall be used only for normal 
production operations. Die-setting and maintenance procedures shall 
comply with paragraphs (a) through (g) of this section, and shall not be 
done in the PSDI mode.
    (2) Brake and clutch requirements. (i) Presses with flexible steel 
band brakes or with mechanical linkage actuated brakes or clutches shall 
not be used in the PSDI mode.
    (ii) Brake systems on presses used in the PSDI mode shall have 
sufficient torque so that each average value of stopping times (Ts) for 
stops initiated at approximately 45 degrees, 60 degrees, and 90 degrees, 
respectively, of crankshaft angular position, shall not be more than 125 
percent of the average value of the stopping time at the top crankshaft 
position. Compliance with this requirement shall be determined by using 
the heaviest upper die to be used on the press, and operating at the 
fastest press speed if there is speed selection.
    (iii) Where brake engagement and clutch release is effected by 
spring action, such spring(s) shall operate in compression on a rod or 
within a hole or tube, and shall be of non-interleaving design.
    (3) Pneumatic systems. (i) Air valve and air pressure supply/
control.
    (A) The requirements of paragraphs (b)(7)(xiii), (b)(7)(xiv), 
(b)(10), (b)(12) and (c)(5)(iii) of this section apply to the pneumatic 
systems of machines used in the PSDI mode.
    (B) The air supply for pneumatic clutch/brake control valves shall 
incorporate a filter, an air regulator, and, when necessary for proper 
operation, a lubricator.
    (C) The air pressure supply for clutch/brake valves on machines used 
in the PSDI mode shall be regulated to pressures less than or equal to 
the air pressure used when making the stop time measurements required by 
paragraph (h)(2)(ii) of this section.
    (ii) Air counterbalance systems.
    (A) Where presses that have slide counterbalance systems are used in 
the PSDI mode, the counterbalance system shall also meet the 
requirements of paragraph (b)(9) of this section.
    (B) Counterbalances shall be adjusted in accordance with the press 
manufacturer's recommendations to assure correct counterbalancing of the 
slide attachment (upper die) weight for all operations performed on 
presses used in the PSDI mode. The adjustments shall be made before 
performing the stopping time measurements required by paragraphs 
(h)(2)(ii), (h)(5)(iii), and (h)(9)(v) of this section.
    (4) Flywheels and bearings. Presses whose designs incorporate 
flywheels running on journals on the crankshaft or back shaft, or bull 
gears running on journals mounted on the crankshaft, shall be inspected, 
lubricated, and maintained as provided in paragraph (h)(10) of this 
section to reduce the possibility of unintended and uncontrolled press 
strokes caused by bearing seizure.
    (5) Brake monitoring. (i) Presses operated in the PSDI mode shall be 
equipped with a brake monitor that meets the requirements of paragraphs

[[Page 639]]

(b)(13) and (b)(14) of this section. In addition, the brake monitor 
shall be adjusted during installation certification to prevent 
successive stroking of the press if increases in stopping time cause an 
increase in the safety distance above that required by paragraph 
(h)(9)(v) of this section.
    (ii) Once the PSDI safety system has been certified/validated, 
adjustment of the brake monitor shall not be done without prior approval 
of the validation organization for both the brake monitor adjustment and 
the corresponding adjustment of the safety distance. The validation 
organization shall in its installation validation, state that in what 
circumstances, if any, the employer has advance approval for adjustment, 
when prior oral approval is appropriate and when prior approval must be 
in writing. The adjustment shall be done under the supervision of an 
authorized person whose qualifications include knowledge of safety 
distance requirements and experience with the brake system and its 
adjustment. When brake wear or other factors extend press stopping time 
beyond the limit permitted by the brake monitor, adjustment, repair, or 
maintenance shall be performed on the brake or other press system 
element that extends the stopping time.
    (iii) The brake monitor setting shall allow an increase of no more 
than 10 percent of the longest stopping time for the press, or 10 
milliseconds, whichever is longer, measured at the top of the stroke.
    (6) Cycle control and control systems. (i) The control system on 
presses used in the PSDI mode shall meet the applicable requirements of 
paragraphs (b)(7), (b)(8), (b)(13), and (c)(5) of this section.
    (ii) The control system shall incorporate a means of dynamically 
monitoring for decoupling of the rotary position indicating mechanism 
drive from the crankshaft. This monitor shall stop slide motion and 
prevent successive press strokes if decoupling occurs, or if the monitor 
itself fails.
    (iii) The mode selection means of paragraph (b)(7)(iii) of this 
section shall have at least one position for selection of the PSDI mode. 
Where more than one interruption of the light sensing field is used in 
the initiation of a stroke, either the mode selection means must have 
one position for each function, or a separate selection means shall be 
provided which becomes operable when the PSDI mode is selected. 
Selection of PSDI mode and the number of interruptions/withdrawals of 
the light sensing field required to initiate a press cycle shall be by 
means capable of supervision by the employer.
    (iv) A PSDI set-up/reset means shall be provided which requires an 
overt action by the operator, in addition to PSDI mode selection, before 
operation of the press by means of PSDI can be started.
    (v) An indicator visible to the operator and readily seen by the 
employer shall be provided which shall clearly indicate that the system 
is set-up for cycling in the PSDI mode.
    (vi) The control system shall incorporate a timer to deactivate PSDI 
when the press does not stroke within the period of time set by the 
timer. The timer shall be manually adjustable, to a maximum time of 30 
seconds. For any timer setting greater than 15 seconds, the adjustment 
shall be made by the use of a special tool available only to authorized 
persons. Following a deactivation of PSDI by the timer, the system shall 
make it necessary to reset the set-up/reset means in order to reactivate 
the PSDI mode.
    (vii) Reactivation of PSDI operation following deactivation of the 
PSDI mode from any other cause, such as activation of the red color stop 
control required by paragraph (b)(7)(ii) of this section, interruption 
of the presence sensing field, opening of an interlock, or reselection 
of the number of sensing field interruptions/withdrawals required to 
cycle the press, shall require resetting of the set-up/reset means.
    (viii) The control system shall incorporate an automatic means to 
prevent initiation or continued operation in the PSDI mode unless the 
press drive motor is energized in the forward direction of crankshaft 
rotation.
    (ix) The control design shall preclude any movement of the slide 
caused by operation of power on, power off, or selector switches, or 
from checks for proper operations as required by paragraph (h)(6)(xiv) 
of this section.

[[Page 640]]

    (x) All components and subsystems of the control system shall be 
designed to operate together to provide total control system compliance 
with the requirements of this section.
    (xi) Where there is more than one operator of a press used for PSDI, 
each operator shall be protected by a separate, independently 
functioning, presence sensing device. The control system shall require 
that each sensing field be interrupted the selected number of times 
prior to initiating a stroke. Further, each operator shall be provided 
with a set-up/reset means that meets the requirements of paragraph 
(h)(6) of this section, and which must be actuated to initiate operation 
of the press in the PSDI mode.
    (xii) [Reserved]
    (xiii) The Control system shall incorporate interlocks for 
supplemental guards, if used, which will prevent stroke initiation or 
will stop a stroke in progress if any supplemental guard fails or is 
deactivated.
    (xiv) The control system shall perform checks for proper operation 
of all cycle control logic element switches and contacts at least once 
each cycle. Control elements shall be checked for correct status after 
power ``on'' and before the initial PSDI stroke.
    (xv) The control system shall have provisions for an ``inch'' 
operating means meeting the requirements of paragraph (b)(7)(iv) of this 
section. Die-setting shall not be done in the PSDI mode. Production 
shall not be done in the ``inch'' mode.
    (xvi) The control system shall permit only a single stroke per 
initiation command.
    (xvii) Controls with internally stored programs (e.g., mechanical, 
electro-mechanical, or electronic) shall meet the requirements of 
paragraph (b)(13) of this section, and shall default to a predetermined 
safe condition in the event of any single failure within the system. 
Programmable controllers which meet the requirements for controls with 
internally stored programs stated above shall be permitted only if all 
logic elements affecting the safety system and point of operation safety 
are internally stored and protected in such a manner that they cannot be 
altered or manipulated by the user to an unsafe condition.
    (7) Environmental requirements. Control components shall be 
selected, constructed, and connected together in such a way as to 
withstand expected operational and environmental stresses, at least 
including those outlined in appendix A. Such stresses shall not so 
affect the control system as to cause unsafe operation.
    (8) Safety system. (i) Mechanical power presses used in the PSDI 
mode shall be operated under the control of a safety system which, in 
addition to meeting the applicable requirements of paragraphs (b)(13) 
and (c)(5) and other applicable provisions of this section, shall 
function such that a single failure or single operating error shall not 
cause injury to personnel from point of operation hazards.
    (ii) The safety system shall be designed, constructed, and arranged 
as an integral total system, including all elements of the press, the 
controls, the safeguarding and any required supplemental safeguarding, 
and their interfaces with the operator and that part of the environment 
which has effect on the protection against point of operation hazards.
    (9) Safeguarding the point of operation. (i) The point of operation 
of presses operated in the PSDI mode shall be safeguarded in accordance 
with the requirements of paragraph (c) of this section, except that the 
safety distance requirements of paragraph (h)(9)(v) of this section 
shall be used for PSDI operation.
    (ii)(A) PSDI shall be implemented only by use of light curtain 
(photo-electric) presence sensing devices which meet the requirements of 
paragraph (c)(3)(iii)(c) of this section unless the requirements of the 
following paragraph have been met.
    (B) Alternatives to photo-electric light curtains may be used for 
PSDI when the employer can demonstrate, through tests and analysis by 
the employer or the manufacturer, that the alternative is as safe as the 
photo-electric light curtain, that the alternative meets the conditions 
of this section, has the same long term reliability as light curtains 
and can be integrated

[[Page 641]]

into the entire safety system as provided for in this section. Prior to 
use, both the employer and manufacturer must certify that these 
requirements and all the other applicable requirements of this section 
are met and these certifications must be validated by an OSHA-recognized 
third-party validation organization to meet these additional 
requirements and all the other applicable requirements of paragraphs (a) 
through (h) and appendix A of this section. Three months prior to the 
operation of any alternative system, the employer must notify the OSHA 
Directorate of Safety Standards Programs of the name of the system to be 
installed, the manufacturer and the OSHA-recognized third-party 
validation organization immediately. Upon request, the employer must 
make available to that office all tests and analyses for OSHA review.
    (iii) Individual sensing fields of presence sensing devices used to 
initiate strokes in the PSDI mode shall cover only one side of the 
press.
    (iv) Light curtains used for PSDI operation shall have minimum 
object sensitivity not to exceed one and one-fourth inches (31.75 mm). 
Where light curtain object sensitivity is user-adjustable, either 
discretely or continuously, design features shall limit the minimum 
object sensitivity adjustment not to exceed one and one-fourth inches 
(31.75 mm). Blanking of the sensing field is not permitted.
    (v) The safety distance (Ds) from the sensing field of the presence 
sensing device to the point of operation shall be greater than or equal 
to the distance determined by the formula:

Ds = Hs x (Ts + Tp + Tr + 2Tm) + Dp

Where:

Ds = Minimum safety distance.
Hs = Hand speed constant of 63 inches per second (1.6 m/s).
Ts = Longest press stopping time, in seconds, computed by taking 
          averages of multiple measurements at each of three positions 
          (45 degrees, 60 degrees, and 90 degrees) of crankshaft angular 
          position; the longest of the three averages is the stopping 
          time to use. (Ts is defined as the sum of the kinetic energy 
          dissipation time plus the pneumatic/magnetic/hydraulic 
          reaction time of the clutch/brake operating mechanism(s).)
Tp = Longest presence sensing device response time, in seconds.
Tr = Longest response time, in seconds, of all interposing control 
          elements between the presence sensing device and the clutch/
          brake operating mechanism(s).
Tm = Increase in the press stopping time at the top of the stroke, in 
          seconds, allowed by the brake monitor for brake wear. The time 
          increase allowed shall be limited to no more than 10 percent 
          of the longest press stopping time measured at the top of the 
          stroke, or 10 milliseconds, whichever is longer.
Dp = Penetration depth factor, required to provide for possible 
          penetration through the presence sensing field by fingers or 
          hand before detection occurs. The penetration depth factor 
          shall be determined from Graph h-1 using the minimum object 
          sensitivity size.

[[Page 642]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.077

    (vi) The presence sensing device location shall either be set at 
each tool change and set-up to provide at least the minimum safety 
distance, or fixed in location to provide a safety distance greater than 
or equal to the minimum safety distance for all tooling set-ups which 
are to be used on that press.

[[Page 643]]

    (vii) Where presence sensing device location is adjustable, 
adjustment shall require the use of a special tool available only to 
authorized persons.
    (viii) Supplemental safeguarding shall be used to protect all areas 
of access to the point of operation which are unprotected by the PSDI 
presence sensing device. Such supplemental safeguarding shall consist of 
either additional light curtain (photo-electric) presence sensing 
devices or other types of guards which meet the requirements of 
paragraphs (c) and (h) of this section.
    (A) Presence sensing devices used as supplemental safeguarding shall 
not initiate a press stroke, and shall conform to the requirements of 
paragraph (c)(3)(iii) and other applicable provisions of this section, 
except that the safety distance shall comply with paragraph (h)(9)(v) of 
this section.
    (B) Guards used as supplemental safeguarding shall conform to the 
design, construction and application requirements of paragraph (c)(2) of 
this section, and shall be interlocked with the press control to prevent 
press PSDI operation if the guard fails, is removed, or is out of 
position.
    (ix) Barriers shall be fixed to the press frame or bolster to 
prevent personnel from passing completely through the sensing field, 
where safety distance or press configuration is such that personnel 
could pass through the PSDI presence sensing field and assume a position 
where the point of operation could be accessed without detection by the 
PSDI presence sensing device. As an alternative, supplemental presence 
sensing devices used only in the safeguard mode may be provided. If 
used, these devices shall be located so as to detect all operator 
locations and positions not detected by the PSDI sensing field, and 
shall prevent stroking or stop a stroke in process when any supplemental 
sensing field(s) are interrupted.
    (x) Hand tools. Where tools are used for feeding, removal of scrap, 
lubrication of parts, or removal of parts that stick on the die in PSDI 
operations:
    (A) The minimum diameter of the tool handle extension shall be 
greater than the minimum object sensitivity of the presence sensing 
device(s) used to initiate press strokes; or
    (B) The length of the hand tool shall be such as to ensure that the 
operator's hand will be detected for any safety distance required by the 
press set-ups.
    (10) Inspection and maintenance. (i) Any press equipped with 
presence sensing devices for use in PSDI, or for supplemental 
safeguarding on presses used in the PSDI mode, shall be equipped with a 
test rod of diameter specified by the presence sensing device 
manufacturer to represent the minimum object sensitivity of the sensing 
field. Instructions for use of the test rod shall be noted on a label 
affixed to the presence sensing device.
    (ii) The following checks shall be made at the beginning of each 
shift and whenever a die change is made.
    (A) A check shall be performed using the test rod according to the 
presence sensing device manufacturer's instructions to determine that 
the presence sensing device used for PSDI is operational.
    (B) The safety distance shall be checked for compliance with 
(h)(9)(v) of this section.
    (C) A check shall be made to determine that all supplemental 
safeguarding is in place. Where presence sensing devices are used for 
supplemental safeguarding, a check for proper operation shall be 
performed using the test rod according to the presence sensing device 
manufacturer's instructions.
    (D) A check shall be made to assure that the barriers and/or 
supplemental presence sensing devices required by paragraph (h)(9)(ix) 
of this section are operating properly.
    (E) A system or visual check shall be made to verify correct 
counterbalance adjustment for die weight according to the press 
manufacturer's instructions, when a press is equipped with a slide 
counterbalance system.
    (iii) When presses used in the PSDI mode have flywheel or bullgear 
running on crankshaft mounted journals and bearings, or a flywheel 
mounted on back shaft journals and bearings, periodic inspections 
following the press manufacturer's recommendations shall be made to 
ascertain that bearings are

[[Page 644]]

in good working order, and that automatic lubrication systems for these 
bearings (if automatic lubrication is provided) are supplying proper 
lubrication. On presses with provision for manual lubrication of 
flywheel or bullgear bearings, lubrication shall be provided according 
to the press manufacturer's recommendations.
    (iv) Periodic inspections of clutch and brake mechanisms shall be 
performed to assure they are in proper operating condition. The press 
manufacturer's recommendations shall be followed.
    (v) When any check of the press, including those performed in 
accordance with the requirements of paragraphs (h)(10)(ii), (iii) or 
(iv) of this section, reveals a condition of noncompliance, improper 
adjustment, or failure, the press shall not be operated until the 
condition has been corrected by adjustment, replacement, or repair.
    (vi) It shall be the responsibility of the employer to ensure the 
competence of personnel caring for, inspecting, and maintaining power 
presses equipped for PSDI operation, through initial and periodic 
training.
    (11) Safety system certification/validation. (i) Prior to the 
initial use of any mechanical press in the PSDI mode, two sets of 
certification and validation are required:
    (A) The design of the safety system required for the use of a press 
in the PSDI mode shall be certified and validated prior to installation. 
The manufacturer's certification shall be validated by an OSHA-
recognized third-party validation organization to meet all applicable 
requirements of paragraphs (a) through (h) and appendix A of this 
section.
    (B) After a press has been equipped with a safety system whose 
design has been certified and validated in accordance with paragraph 
(h)(11)(i) of this section, the safety system installation shall be 
certified by the employer, and then shall be validated by an OSHA-
recognized third-party validation organization to meet all applicable 
requirements of paragraphs (a) through (h) and appendix A of this 
section.
    (ii) At least annually thereafter, the safety system on a mechanical 
power press used in the PSDI mode shall be recertified by the employer 
and revalidated by an OSHA-recognized third-party validation 
organization to meet all applicable requirements of paragraphs (a) 
through (h) and appendix A of this section. Any press whose safety 
system has not been recertified and revalidated within the preceding 12 
months shall be removed from service in the PSDI mode until the safety 
system is recertified and revalidated.
    (iii) A label shall be affixed to the press as part of each 
installation certification/validation and the most recent 
recertification/revalidation. The label shall indicate the press serial 
number, the minimum safety distance (Ds) required by paragraph (h)(9)(v) 
of this section, the fulfillment of design certification/validation, the 
employer's signed certification, the identification of the OSHA-
recognized third-party validation organization, its signed validation, 
and the date the certification/validation and recertification/
revalidation are issued.
    (iv) Records of the installation certification and validation and 
the most recent recertification and revalidation shall be maintained for 
each safety system equipped press by the employer as long as the press 
is in use. The records shall include the manufacture and model number of 
each component and subsystem, the calculations of the safety distance as 
required by paragraph (h)(9)(v) of this section, and the stopping time 
measurements required by paragraph (h)(2)(ii) of this section. The most 
recent records shall be made available to OSHA upon request.
    (v) The employer shall notify the OSHA-recognized third-party 
validation organization within five days whenever a component or a 
subsystem of the safety system fails or modifications are made which may 
affect the safety of the system. The failure of a critical component 
shall necessitate the removal of the safety system from service until it 
is recertified and revalidated, except recertification by the employer 
without revalidation is permitted when a non-critical component or 
subsystem is replaced by one of the same manufacture and design as the 
original, or determined by the third-party validation organization to be

[[Page 645]]

equivalent by similarity analysis, as set forth in appendix A.
    (vi) The employer shall notify the OSHA-recognized third-party 
validation organization within five days of the occurrence of any point 
of operation injury while a press is used in the PSDI mode. This is in 
addition to the report of injury required by paragraph (g) of this 
section; however, a copy of that report may be used for this purpose.
    (12) Die setting and work set-up. (i) Die setting on presses used in 
the PSDI mode shall be performed in accordance with paragraphs (d) and 
(h) of this section.
    (ii) The PSDI mode shall not be used for die setting or set-up. An 
alternative manual cycle initiation and control means shall be supplied 
for use in die setting which meets the requirements of paragraph (b)(7) 
of this section.
    (iii) Following a die change, the safety distance, the proper 
application of supplemental safeguarding, and the slide counterbalance 
adjustment (if the press is equipped with a counterbalance) shall be 
checked and maintained by authorized persons whose qualifications 
include knowledge of the safety distance, supplemental safeguarding 
requirements, and the manufacturer's specifications for counterbalance 
adjustment. Adjustment of the location of the PSDI presence sensing 
device shall require use of a special tool available only to the 
authorized persons.
    (13) Operator training. (i) The operator training required by 
paragraph (f)(2) of this section shall be provided to the employee 
before the employee initially operates the press and as needed to 
maintain competence, but not less than annually thereafter. It shall 
include instruction relative to the following items for presses used in 
the PSDI mode.
    (A) The manufacturer's recommended test procedures for checking 
operation of the presence sensing device. This shall include the use of 
the test rod required by paragraph (h)(10)(i) of this section.
    (B) The safety distance required.
    (C) The operation, function and performance of the PSDI mode.
    (D) The requirements for hand tools that may be used in the PSDI 
mode.
    (E) The severe consequences that can result if he or she attempts to 
circumvent or by-pass any of the safeguard or operating functions of the 
PSDI system.
    (ii) The employer shall certify that employees have been trained by 
preparing a certification record which includes the identity of the 
person trained, the signature of the employer or the person who 
conducted the training, and the date the training was completed. The 
certification record shall be prepared at the completion of training and 
shall be maintained on file for the duration of the employee's 
employment. The certification record shall be made available upon 
request to the Assistant Secretary for Occupational Safety and Health.

 Appendix A to Sec.  1910.217--Mandatory Requirements for Certification/
 Validation of Safety Systems for Presence Sensing Device Initiation of 
                        Mechanical Power Presses

                                 Purpose

    The purpose of the certification/validation of safety systems for 
presence sensing device initiation (PSDI) of mechanical power presses is 
to ensure that the safety systems are designed, installed, and 
maintained in accordance with all applicable requirements of 29 CFR 
1910.217 (a) through (h) and this appendix A.

                                 General

    The certification/validation process shall utilize an independent 
third-party validation organization recognized by OSHA in accordance 
with the requirements specified in appendix C of this section.
    While the employer is responsible for assuring that the 
certification/validation requirements in Sec.  1910.217(h)(11) are 
fulfilled, the design certification of PSDI safety systems may be 
initiated by manufacturers, employers, and/or their representatives. The 
term manufacturers refers to the manufacturer of any of the components 
of the safety system. An employer who assembles a PSDI safety system 
would be a manufacturer as well as employer for purposes of this 
standard and appendix.
    The certification/validation process includes two stages. For design 
certification, in the first stage, the manufacturer (which can be an 
employer) certifies that the PSDI safety system meets the requirements 
of 29 CFR 1910.217 (a) through (h) and this appendix A, based on 
appropriate design criteria

[[Page 646]]

and tests. In the second stage, the OSHA-recognized third-party 
validation organization validates that the PSDI safety system meets the 
requirements of 29 CFR 1910.217 (a) through (h) and this appendix A and 
the manufacturer's certification by reviewing the manufacturer's design 
and test data and performing any additional reviews required by this 
standard or which it believes appropriate.
    For installation certification/validation and annual 
recertification/revalidation, in the first stage the employer certifies 
or recertifies that the employer is installing or utilizing a PSDI 
safety system validated as meeting the design requirements of 29 CFR 
1910.217 (a) through (h) and this appendix A by an OSHA-recognized 
third-party validation organization and that the installation, operation 
and maintenance meet the requirements of 29 CFR 1910.217 (a) through (h) 
and this appendix A. In the second stage, the OSHA-recognized third-
party validation organization validates or revalidates that the PSDI 
safety system installation meets the requirements of 29 CFR 1910.217 (a) 
through (h) and this appendix A and the employer's certification, by 
reviewing that the PSDI safety system has been certified; the employer's 
certification, designs and tests, if any; the installation, operation, 
maintenance and training; and by performing any additional tests and 
reviews which the validation organization believes is necessary.

                                 Summary

    The certification/validation of safety systems for PSDI shall 
consider the press, controls, safeguards, operator, and environment as 
an integrated system which shall comply with all of the requirements in 
29 CFR 1910.217 (a) through (h) and this appendix A. The certification/
validation process shall verify that the safety system complies with the 
OSHA safety requirements as follows:

                   A. Design Certification/Validation

    1. The major parts, components and subsystems used shall be defined 
by part number or serial number, as appropriate, and by manufacturer to 
establish the configuration of the system.
    2. The identified parts, components and subsystems shall be 
certified by the manufacturer to be able to withstand the functional and 
operational environments of the PSDI safety system.
    3. The total system design shall be certified by the manufacturer as 
complying with all requirements in 29 CFR 1910.217 (a) through (h) and 
this appendix A.
    4. The third-party validation organization shall validate the 
manufacturer's certification under paragraphs 2 and 3.

                B. Installation Certification/Validation

    1. The employer shall certify that the PSDI safety system has been 
design certified and validated, that the installation meets the 
operational and environmental requirements specified by the 
manufacturer, that the installation drawings are accurate, and that the 
installation meets the requirements of 29 CFR 1910.217 (a) through (h) 
and this appendix A. (The operational and installation requirements of 
the PSDI safety system may vary for different applications.)
    2. The third-party validation organization shall validate the 
employer's certifications that the PSDI safety system is design 
certified and validated, that the installation meets the installation 
and environmental requirements specified by the manufacturer, and that 
the installation meets the requirements of 29 CFR 1910.217 (a) through 
(h) and this appendix A.

                     C. Recertification/Revalidation

    1. The PSDI safety system shall remain under certification/
validation for the shorter of one year or until the system hardware is 
changed, modified or refurbished, or operating conditions are changed 
(including environmental, application or facility changes), or a failure 
of a critical component has occurred.
    2. Annually, or after a change specified in paragraph 1., the 
employer shall inspect and recertify the installation as meeting the 
requirements set forth under B., Installation Certification/Validation.
    3. The third-party validation organization, annually or after a 
change specified in paragraph 1., shall validate the employer's 
certification that the requirements of paragraph B., Installation 
Certification/Validation have been met.

    (Note: Such changes in operational conditions as die changes or 
press relocations not involving disassembly or revision to the safety 
system would not require recertification/revalidation.)

                  Certification/Validation Requirements

         A. General Design Certification/Validation Requirements

    1. Certification/Validation Program Requirements. The manufacturer 
shall certify and the OSHA-recognized third-party validation 
organization shall validate that:
    (a) The design of components, subsystems, software and assemblies 
meets OSHA performance requirements and are ready for the intended use; 
and
    (b) The performance of combined subsystems meets OSHA's operational 
requirements.
    2. Certification/Validation Program Level of Risk Evaluation 
Requirements. The manufacturer shall evaluate and certify, and the

[[Page 647]]

OSHA-recognized third-party validation organization shall validate, the 
design and operation of the safety system by determining conformance 
with the following:
    a. The safety system shall have the ability to sustain a single 
failure or a single operating error and not cause injury to personnel 
from point of operation hazards. Acceptable design features shall 
demonstrate, in the following order or precedence, that:
    (1) No single failure points may cause injury; or
    (2) Redundancy, and comparison and/or diagnostic checking, exist for 
the critical items that may cause injury, and the electrical, 
electronic, electromechanical and mechanical parts and components are 
selected so that they can withstand operational and external 
environments. The safety factor and/or derated percentage shall be 
specifically noted and complied with.
    b. The manufacturer shall design, evaluate, test and certify, and 
the third-party validation organization shall evaluate and validate, 
that the PSDI safety system meets appropriate requirements in the 
following areas.
    (1) Environmental Limits
    (a) Temperature
    (b) Relative humidity
    (c) Vibration
    (d) Fluid compatability with other materials
    (2) Design Limits
    (a) Power requirements
    (b) Power transient tolerances
    (c) Compatability of materials used
    (d) Material stress tolerances and limits
    (e) Stability to long term power fluctuations
    (f) Sensitivity to signal acquisition
    (g) Repeatability of measured parameter without inadvertent 
initiation of a press stroke
    (h) Operational life of components in cycles, hours, or both
    (i) Electromagnetic tolerance to:
    (1) Specific operational wave lengths; and
    (2) Externally generated wave lengths
    (3) New Design Certification/Validation. Design certification/
validation for a new safety system, i.e., a new design or new 
integration of specifically identified components and subsystems, would 
entail a single certification/validation which would be applicable to 
all identical safety systems. It would not be necessary to repeat the 
tests on individual safety systems of the same manufacture or design. 
Nor would it be necessary to repeat these tests in the case of 
modifications where determined by the manufacturer and validated by the 
third-party validation organization to be equivalent by similarity 
analysis. Minor modifications not affecting the safety of the system may 
be made by the manufacturer without revalidation.
    Substantial modifications would require testing as a new safety 
system, as deemed necessary by the validation organization.

   B. Additional Detailed Design Certification/Validation Requirements

    1. General. The manufacturer or the manufacturer's representative 
shall certify to and submit to an OSHA-recognized third-party validation 
organization the documentation necessary to demonstrate that the PSDI 
safety system design is in full compliance with the requirements of 29 
CFR 1910.217(a)-(h) and this appendix A, as applicable, by means of 
analysis, tests, or combination of both, establishing that the following 
additional certification/validation requirements are fulfilled.
    2. Reaction Times. For the purpose of demonstrating compliance with 
the reaction time required by Sec.  1910.217(h), the tests shall use the 
following definitions and requirements:
    a. Reaction time means the time, in seconds, it takes the signal, 
required to activate/deactivate the system, to travel through the 
system, measured from the time of signal initiation to the time the 
function being measured is completed.
    b. Full stop or No movement of the slide or ram means when the 
crankshaft rotation has slowed to two or less revolutions per minute, 
just before stopping completely.
    c. Function completion means for, electrical, electromechanical and 
electronic devices, when the circuit produces a change of state in the 
output element of the device.
    d. When the change of state is motion, the measurement shall be made 
at the completion of the motion.
    e. The generation of the test signal introduced into the system for 
measuring reaction time shall be such that the initiation time can be 
established with an error of less than 0.5 percent of the reaction time 
measured.
    f. The instrument used to measure reaction time shall be calibrated 
to be accurate to within 0.001 second.
    3. Compliance with Sec.  1910.217(h)(2)(ii). For compliance with 
these requirements, the average value of the stopping time, Ts, shall be 
the arithmetic mean of at least 25 stops for each stop angle initiation 
measured with the brake and/or clutch unused, 50 percent worn, and 90 
percent worn. The recommendations of the brake system manufacturer shall 
be used to simulate or estimate the brake wear. The manufacturer's 
recommended minimum lining depth shall be identified and documented, and 
an evaluation made that the minimum depth will not be exceeded before 
the next (annual) recertification/revalidation. A correlation of the 
brake and/or clutch degradation based on the above tests and/or 
estimates shall be made and documented. The results shall document the 
conditions

[[Page 648]]

under which the brake and/or clutch will and will not comply with the 
requirement. Based upon this determination, a scale shall be developed 
to indicate the allowable 10 percent of the stopping time at the top of 
the stroke for slide or ram overtravel due to brake wear. The scale 
shall be marked to indicate that brake adjustment and/or replacement is 
required. The explanation and use of the scale shall be documented.
    The test specification and procedure shall be submitted to the 
validation organization for review and validation prior to the test. The 
validation organization representative shall witness at least one set of 
tests.
    4. Compliance with Sec. Sec.  1910.217(h)(5)(iii) and (h)(9)(v). 
Each reaction time required to calculate the Safety Distance, including 
the brake monitor setting, shall be documented in separate reaction time 
tests. These tests shall specify the acceptable tolerance band 
sufficient to assure that tolerance build-up will not render the safety 
distance unsafe.
    a. Integrated test of the press fully equipped to operate in the 
PSDI mode shall be conducted to establish the total system reaction 
time.
    b. Brakes which are the adjustable type shall be adjusted properly 
before the test.
    5. Compliance with Sec.  1910.217(h)(2)(iii). a. Prior to conducting 
the brake system test required by paragraph (h)(2)(ii), a visual check 
shall be made of the springs. The visual check shall include a 
determination that the spring housing or rod does not show damage 
sufficient to degrade the structural integrity of the unit, and the 
spring does not show any tendency to interleave.
    b. Any detected broken or unserviceable springs shall be replaced 
before the test is conducted. The test shall be considered successful if 
the stopping time remains within that which is determined by paragraph 
(h)(9)(v) for the safety distance setting. If the increase in press 
stopping time exceeds the brake monitor setting limit defined in 
paragraph (h)(5)(iii), the test shall be considered unsuccessful, and 
the cause of the excessive stopping time shall be investigated. It shall 
be ascertained that the springs have not been broken and that they are 
functioning properly.
    6. Compliance with Sec.  1910.217(h)(7). a. Tests which are 
conducted by the manufacturers of electrical components to establish 
stress, life, temperature and loading limits must be tests which are in 
compliance with the provisions of the National Electrical Code.
    b. Electrical and/or electronic cards or boards assembled with 
discreet components shall be considered a subsystem and shall require 
separate testing that the subsystems do not degrade in any of the 
following conditions:
    (1) Ambient temperature variation from -20 [deg]C to + 50 [deg]C.
    (2) Ambient relative humidity of 99 percent.
    (3) Vibration of 45G for one millisecond per stroke when the item is 
to be mounted on the press frame.
    (4) Electromagnetic interference at the same wavelengths used for 
the radiation sensing field, at the power line frequency fundamental and 
harmonics, and also from outogenous radiation due to system switching.
    (5) Electrical power supply variations of 15 
percent.
    c. The manufacturer shall specify the test requirements and 
procedures from existing consensus tests in compliance with the 
provisions of the National Electrical Code.
    d. Tests designed by the manufacturer shall be made available upon 
request to the validation organization. The validation organization 
representative shall witness at least one set of each of these tests.
    7. Compliance with Sec.  1910.217(h)(9)(iv). a. The manufacturer 
shall design a test to demonstrate that the prescribed minimum object 
sensitivity of the presence sensing device is met.
    b. The test specifications and procedures shall be made available 
upon request to the validation organization.
    8. Compliance with Sec.  1910.217(h)(9)(x). a. The manufacturer 
shall design a test(s) to establish the hand tool extension diameters 
allowed for variations in minimum object sensitivity response.
    b. The test(s) shall document the range of object diameter sizes 
which will produce both single and double break conditions.
    c. The test(s) specifications and procedures shall be made available 
upon request to the validation organization.
    9. Integrated Tests Certification/Validation. a. The manufacturer 
shall design a set of integrated tests to demonstrate compliance with 
the following requirements:
    Sections 1910.217(h)(6) (ii); (iii); (iv); (v); (vi); (vii); (viii); 
(ix); (xi); (xii); (xiii); (xiv); (xv); and (xvii).
    b. The integrated test specifications and procedures shall be made 
available to the validation organization.
    10. Analysis. a. The manufacturer shall submit to the validation 
organization the technical analysis such as Hazard Analysis, Failure 
Mode and Effect Analysis, Stress Analysis, Component and Material 
Selection Analysis, Fluid Compatability, and/or other analyses which may 
be necessary to demonstrate, compliance with the following requirements:
    Sections 1910.217(h)(8) (i) and (ii); (h)(2) (ii) and (iii); 
(h)(3)(i) (A) and (C), and (ii); (h)(5) (i), (ii) and (iii); (h)(6) (i), 
(iii), (iv), (vi), (vii), (viii), (ix), (x), (xi), (xiii), (xiv), (xv), 
(xvi), and (xvii); (h)(7) (i) and (ii); (h)(9) (iv), (v), (viii), (ix) 
and (x); (h)(10) (i) and (ii).

[[Page 649]]

    11. Types of Tests Acceptable for Certification/Validation. a. Test 
results obtained from development testing may be used to certify/
validate the design.
    b. The test results shall provide the engineering data necessary to 
establish confidence that the hardware and software will meet 
specifications, the manufacturing process has adequate quality control 
and the data acquired was used to establish processes, procedures, and 
test levels supporting subsequent hardware design, production, 
installation and maintenance.
    12. Validation for Design Certification/Validation. If, after review 
of all documentation, tests, analyses, manufacturer's certifications, 
and any additional tests which the third-party validation organization 
believes are necessary, the third-party validation organization 
determines that the PSDI safety system is in full compliance with the 
applicable requirements of 29 CFR 1910.217(a) through (h) and this 
appendix A, it shall validate the manufacturer's certification that it 
so meets the stated requirements.

          C. Installation Certification/Validation Requirements

    1. The employer shall evaluate and test the PSDI system 
installation, shall submit to the OSHA-recognized third-party validation 
organization the necessary supporting documentation, and shall certify 
that the requirements of Sec.  1910.217(a) through (h) and this appendix 
A have been met and that the installation is proper.
    2. The OSHA-recognized third-party validation organization shall 
conduct tests, and/or review and evaluate the employer's installation 
tests, documentation and representations. If it so determines, it shall 
validate the employer's certification that the PSDI safety system is in 
full conformance with all requirements of 29 CFR 1910.217(a) through (h) 
and this appendix A.

              D. Recertification/Revalidation Requirements

    1. A PSDI safety system which has received installation 
certification/validation shall undergo recertification/revalidation the 
earlier of:
    a. Each time the systems hardware is significantly changed, 
modified, or refurbished;
    b. Each time the operational conditions are significantly changed 
(including environmental, application or facility changes, but excluding 
such changes as die changes or press relocations not involving revision 
to the safety system);
    c. When a failure of a significant component has occurred or a 
change has been made which may affect safety; or
    d. When one year has elapsed since the installation certification/
validation or the last recertification/revalidation.
    2. Conduct or recertification/revalidation. The employer shall 
evaluate and test the PSDI safety system installation, shall submit to 
the OSHA-recognized third-party validation organization the necessary 
supporting documentation, and shall recertify that the requirements of 
Sec.  1910.217(a) through (h) and this appendix are being met. The 
documentation shall include, but not be limited to, the following items:
    a. Demonstration of a thorough inspection of the entire press and 
PSDI safety system to ascertain that the installation, components and 
safeguarding have not been changed, modified or tampered with since the 
installation certification/validation or last recertification/
revalidation was made.
    b. Demonstrations that such adjustments as may be needed (such as to 
the brake monitor setting) have been accomplished with proper changes 
made in the records and on such notices as are located on the press and 
safety system.
    c. Demonstration that review has been made of the reports covering 
the design certification/validation, the installation certification/
validation, and all recertification/revalidations, in order to detect 
any degradation to an unsafe condition, and that necessary changes have 
been made to restore the safety system to previous certification/
validation levels.
    3. The OSHA-recognized third-party validation organization shall 
conduct tests, and/or review and evaluate the employer's installation, 
tests, documentation and representations. If it so determines, it shall 
revalidate the employer's recertification that the PSDI system is in 
full conformance with all requirements of 29 CFR 1910.217(a) through (h) 
and this appendix A.

Appendix B to Sec.  1910.217--Nonmandatory Guidelines for Certification/
 Validation of Safety Systems for Presence Sensing Device Initiation of 
                        Mechanical Power Presses

                               Objectives

    This appendix provides employers, manufacturers, and their 
representatives, with nonmandatory guidelines for use in developing 
certification documents. Employers and manufacturers are encouraged to 
recommend other approaches if there is a potential for improving safety 
and reducing cost. The guidelines apply to certification/validation 
activity from design evaluation through the completion of the 
installation test and the annual recertification/revalidation tests.

                           General Guidelines

    A. The certification/validation process should confirm that hazards 
identified by hazard analysis, (HA), failure mode effect analysis 
(FMEA), and other system analyses have been eliminated by design or 
reduced to

[[Page 650]]

an acceptable level through the use of appropriate design features, 
safety devices, warning devices, or special procedures. The 
certification/validation process should also confirm that residual 
hazards identified by operational analysis are addressed by warning, 
labeling safety instructions or other appropriate means.
    B. The objective of the certification/validation program is to 
demonstrate and document that the system satisfies specification and 
operational requirements for safe operations.

                             Quality Control

    The safety attributes of a certified/validated PSDI safety system 
are more likely to be maintained if the quality of the system and its 
parts, components and subsystem is consistently controlled. Each 
manufacturer supplying parts, components, subsystems, and assemblies 
needs to maintain the quality of the product, and each employer needs to 
maintain the system in a non-degraded condition.

                           Analysis Guidelines

    A. Certification/validation of hardware design below the system 
level should be accomplished by test and/or analysis.
    B. Analytical methods may be used in lieu of, in combination with, 
or in support of tests to satisfy specification requirements.
    C. Analyses may be used for certification/validation when existing 
data are available or when test is not feasible.
    D. Similarity analysis may be used in lieu of tests where it can be 
shown that the article is similar in design, manufacturing process, and 
quality control to another article that was previously certified/
validated in accordance with equivalent or more stringent criteria. If 
previous design, history and application are considered to be similar, 
but not equal to or more exacting than earlier experiences, the 
additional or partial certification/validation tests should concentrate 
on the areas of changed or increased requirements.

                            Analysis Reports

    The analysis reports should identify: (1) The basis for the 
analysis; (2) the hardware or software items analyzed; (3) conclusions; 
(4) safety factors; and (5) limit of the analysis. The assumptions made 
during the analysis should be clearly stated and a description of the 
effects of these assumptions on the conclusions and limits should be 
included.
    Certification/validation by similarity analysis reports should 
identify, in addition to the above, application of the part, component 
or subsystem for which certification/validation is being sought as well 
as data from previous usage establishing adequacy of the item. 
Similarity analysis should not be accepted when the internal and 
external stresses on the item being certified/validated are not defined.
    Usage experience should also include failure data supporting 
adequacy of the design.

     Appendix C to Sec.  1910.217--Mandatory Requirements for OSHA 
    Recognition of Third-Party Validation Organizations for the PSDI 
                                Standard

    This appendix prescribes mandatory requirements and procedures for 
OSHA recognition of third-party validation organizations to validate 
employer and manufacturer certifications that their equipment and 
practices meet the requirements of the PSDI standard. The scope of the 
appendix includes the three categories of certification/validation 
required by the PSDI standard: Design Certification/Validation, 
Installation Certification/Validation, and Annual Recertification/
Revalidation.
    If further detailing of these provisions will assist the validation 
organization or OSHA in this activity, this detailing will be done 
through appropriate OSHA Program Directives.

      I. Procedure for OSHA Recognition of Validation Organizations

                             A. Applications

    1. Eligibility. a. Any person or organization considering itself 
capable of conducting a PSDI-related third-party validation function may 
apply for OSHA recognition.
    b. However, in determining eligibility for a foreign-based third-
party validation organization, OSHA shall take into consideration 
whether there is reciprocity of treatment by the foreign government 
after consultation with relevant U.S. government agencies.
    2. Content of application. a. The application shall identify the 
scope of the validation activity for which the applicant wishes to be 
recognized, based on one of the following alternatives:
    (1) Design Certification/Validation, Installation Certification/
Validation, and Annual Recertification/Revalidation;
    (2) Design Certification/Validation only; or
    (3) Installation/Certification/Validation and Annual 
Recertification/Revalidation.
    b. The application shall provide information demonstrating that it 
and any validating laboratory utilized meet the qualifications set forth 
in section II of this appendix.
    c. The applicant shall provide information demonstrating that it and 
any validating laboratory utilized meet the program requirements set 
forth in section III of this appendix.
    d. The applicant shall identify the test methods it or the 
validating laboratory will

[[Page 651]]

use to test or judge the components and operations of the PSDI safety 
system required to be tested by the PSDI standard and appendix A, and 
shall specify the reasons the test methods are appropriate.
    e. The applicant may include whatever enclosures, attachments, or 
exhibits the applicant deems appropriate. The application need not be 
submitted on a Federal form.
    f. The applicant shall certify that the information submitted is 
accurate.
    3. Filing office location. The application shall be filed with: PSDI 
Certification/Validation Program, Office of Variance Determination, 
Occupational Safety and Health Administration, U.S. Department of Labor, 
Room N3653, 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 the final staff 
recommendation.
    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.8.b.(4) of this appendix.

                     B. Review and Decision Process

    1. Acceptance and field inspection. All applications submitted 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 have 
been omitted. OSHA may inspect the facilities of the third-party 
validation organization and any validating laboratory, and while there 
shall review any additional documentation underlying the application. A 
report shall be made of each field inspection.
    2. Requirements for recognition. The requirements for OSHA 
recognition of a third-party validation organization for the PSDI 
standard are that the program has fulfilled the requirements of section 
II of this appendix for qualifications and of section III of this 
appendix for program requirements, and the program has identified 
appropriate test and analysis methods to meet the requirements of the 
PSDI standard and appendix A.
    3. Preliminary approval. If, after review of the application, any 
additional information, and the inspection report, the applicant and any 
validating laboratory appear to have met the requirements for 
recognition, a written recommendation shall be submitted by the 
responsible OSHA personnel to the Assistant Secretary to approve the 
application with a supporting explanation.
    4. Preliminary disapproval. If, after review of the application, 
additional information, and inspection report, the applicant does not 
appear to have met the requirements for recognition, the Director of the 
PSDI certification/validation program shall notify the applicant in 
writing, listing the specific requirements of this appendix which the 
applicant has not met, and the reasons.
    5. Revision of application. After receipt of a notification of 
preliminary disapproval, the applicant may submit a revised application 
for further review by OSHA pursuant to subsection I.B. of this appendix 
or may request that the original application be submitted to the 
Assistant Secretary with a statement of reasons supplied by the 
applicant as to why the application should be approved.
    6. Preliminary decision by Assistant Secretary. a. The Assistant 
Secretary, or a special designee for this purpose, will make a 
preliminary decision whether the applicant has met the requirements for 
recognition based on the completed application file and the written 
staff recommendation, as well as the statement of reasons by the 
applicant if there is a recommendation of disapproval.
    b. This preliminary decision will be sent to the applicant and 
subsequently published in the Federal Register.
    7. Public review and comment period. a. The Federal Register notice 
of preliminary decision will provide a period of not less than 60 
calendar days for the 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. If the preliminary decision is in favor of recognition, a member 
of the public, or if the preliminary decision is against recognition, 
the applicant may request a public hearing by the close of the comment 
period, if it supplies detailed reasons and evidence challenging the 
basis of the Assistant Secretary's preliminary decision and justifying 
the need for a public hearing to bring out evidence which could not be 
effectively supplied through written submissions.
    8. Final decision by Assistant Secretary--a. Without hearing. If 
there are no valid requests for a hearing, based on the application, 
supporting documents, staff recommendation, evidence and public comment, 
the Assistant Secretary shall issue the final decision (including 
reasons) of the Department of Labor on whether the applicant has 
demonstrated by a preponderance of the evidence that it meets the 
requirements for recognition.
    b. After hearing. If there is a valid request for a hearing pursuant 
to paragraph I.B.7.b. of this appendix, the following procedures will be 
used:
    (1) The Assistant Secretary will issue a notice of hearing before an 
administrative law judge of the Department of Labor pursuant to the 
rules specified in 29 CFR part 1905, subpart C.
    (2) After the hearing, pursuant to subpart C, the administrative law 
judge shall issue a

[[Page 652]]

decision (including reasons) based on the application, the supporting 
documentation, the staff recommendation, the public comments and the 
evidence submitted during the hearing (the record), stating whether it 
has been demonstrated, based on a preponderance of evidence, that the 
applicant meets the requirements for recognition. If no exceptions are 
filed, this is the final decision of the Department of Labor.
    (3) Upon issuance of the decision, any party to the hearing may file 
exceptions within 20 days pursuant to subpart C. If exceptions are 
filed, the administrative law judge shall forward the decision, 
exceptions and record to the Assistant Secretary for the final decision 
on the application.
    (4) The Assistant Secretary shall review the record, the decision by 
the administrative law judge, and the exceptions. Based on this, the 
Assistant Secretary shall issue the final decision (including reasons) 
of the Department of Labor stating whether the applicant has 
demonstrated by a preponderance of evidence that it meets the 
requirements for recognition.
    b. Publication. A notification of the final decision shall be 
published in the Federal Register.

     C. Terms and Conditions of Recognition, Renewal and Revocation

    1. The following terms and conditions shall be part of every 
recognition:
    a. The recognition of any validation organization will be evidenced 
by a letter of recognition from OSHA. The letter will provide the 
specific details of the scope of the OSHA recognition as well as any 
conditions imposed by OSHA, including any Federal monitoring 
requirements.
    b. The recognition of each validation organization will be valid for 
five years, unless terminated before or renewed after the expiration of 
the period. The dates of the period of recognition will be stated in the 
recognition letter.
    c. The recognized validation organization shall continue to satisfy 
all the requirements of this appendix and the letter of recognition 
during the period of recognition.
    2. A recognized validation organization may change a test method of 
the PSDI safety system certification/validation program by notifying the 
Assistant Secretary of the change, certifying that the revised method 
will be at least as effective as the prior method, and providing the 
supporting data upon which its conclusions are based.
    3. A recognized validation organization may renew its recognition by 
filing a renewal request at the address in paragraph I.A.3. of this 
appendix, above, not less than 180 calendar days, nor more than one 
year, before the expiration date of its current recognition. When a 
recognized validation organization has filed such a renewal request, its 
current recognition will not expire until a final decision has been made 
on the request. The renewal request will be processed in accordance with 
subsection I.B. of this appendix, above, except that a reinspection is 
not required but may be performed by OSHA. A hearing will be granted to 
an objecting member of the public if evidence of failure to meet the 
requirements of this appendix is supplied to OSHA.
    4. A recognized validation organization may apply to OSHA for an 
expansion of its current recognition to cover other categories of PSDI 
certification/validation in addition to those included in the current 
recognition. The application for expansion will be acted upon and 
processed by OSHA in accordance with subsection I.B. of this appendix, 
subject to the possible reinspection exception. If the validation 
organization has been recognized for more than one year, meets the 
requirements for expansion of recognition, and there is no evidence that 
the recognized validation organization has not been following the 
requirements of this appendix and the letter of recognition, an 
expansion will normally be granted. A hearing will be granted to an 
objecting member of the public only if evidence of failure to meet the 
requirements of this appendix is supplied to OSHA.
    5. A recognized validation organization 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 at any 
time. The written notice shall indicate the termination date. A 
validation organization may not terminate its installation certification 
and recertification validation functions earlier than either one year 
from the date of the written notice, or the date on which another 
recognized validation organization is able to perform the validation of 
installation certification and recertification.
    6.a. OSHA may revoke its recognition of a validation organization if 
its program either has failed to continue to satisfy the requirements of 
this appendix or its letter of recognition, has not been performing the 
validation functions required by the PSDI standard and appendix A, or 
has misrepresented itself in its applications. Before proposing to 
revoke recognition, the Agency will notify the recognized validation 
organization of the basis of the proposed revocation and will allow 
rebuttal or correction of the alleged deficiencies. If the deficiencies 
are not corrected, OSHA may revoke recognition, effective in 60 days, 
unless the validation organization requests a hearing within that time.
    b. 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.

[[Page 653]]

    c. The parties shall be OSHA and the recognized validation 
organization. The decision shall be made pursuant to the procedures 
specified in paragraphs I.B.8.b.(2) through (4) of this appendix except 
that the burden of proof shall be on OSHA to demonstrate by a 
preponderance of the evidence that the recognition should be revoked 
because the validation organization either is not meeting the 
requirements for recognition, has not been performing the validation 
functions required by the PSDI standard and appendix A, or has 
misrepresented itself in its applications.

                    D. Provisions of OSHA Recognition

    Each recognized third-party validation organization and its 
validating laboratories shall:
    1. Allow OSHA to conduct unscheduled reviews or on-site audits of it 
or the validating laboratories on matters relevant to PSDI, and 
cooperate in the conduct of these reviews and audits;
    2. Agree to terms and conditions established by OSHA in the grant of 
recognition on matters such as exchange of data, submission of accident 
reports, and assistance in studies for improving PSDI or the 
certification/validation process.

                           II. Qualifications

    The third-party validation organization, the validating laboratory, 
and the employees of each shall meet the requirements set forth in this 
section of this appendix.

                A. Experience of Validation Organization

    1. The third-party validation organization shall have legal 
authority to perform certification/validation activities.
    2. The validation organization shall demonstrate competence and 
experience in either power press design, manufacture or use, or testing, 
quality control or certification/validation of equipment comparable to 
power presses and associated control systems.
    3. The validation organization shall demonstrate a capability for 
selecting, reviewing, and/or validating appropriate standards and test 
methods to be used for validating the certification of PSDI safety 
systems, as well as for reviewing judgements on the safety of PSDI 
safety systems and their conformance with the requirements of this 
section.
    4. The validating organization may utilize the competence, 
experience, and capability of its employees to demonstrate this 
competence, experience and capability.

               B. Independence of Validation Organization

    1. The validation organization shall demonstrate that:
    a. It is financially capable to conduct the work;
    b. It is free of direct influence or control by manufacturers, 
suppliers, vendors, representatives of employers and employees, and 
employer or employee organizations; and
    c. Its employees are secure from discharge resulting from pressures 
from manufacturers, suppliers, vendors, employers or employee 
representatives.
    2. A validation organization may be considered independent even if 
it has ties with manufacturers, employers or employee representatives if 
these ties are with at least two of these three groups; it has a board 
of directors (or equivalent leadership responsible for the 
certification/validation activities) which includes representatives of 
the three groups; and it has a binding commitment of funding for a 
period of three years or more.

                        C. Validating Laboratory

    The validation organization's laboratory (which organizationally may 
be a part of the third-party validation organization):
    1. Shall have legal authority to perform the validation of 
certification;
    2. Shall be free of operational control and influence of 
manufacturers, suppliers, vendors, employers, or employee 
representatives that would impair its integrity of performance; and
    3. Shall not engage in the design, manufacture, sale, promotion, or 
use of the certified equipment.

                       D. Facilities and Equipment

    The validation organization's validating laboratory shall have 
available all testing facilities and necessary test and inspection 
equipment relevant to the validation of the certification of PSDI safety 
systems, installations and operations.

                              E. Personnel

    The validation organization and the validating laboratory shall be 
adequately staffed by personnel who are qualified by technical training 
and/or experience to conduct the validation of the certification of PSDI 
safety systems.
    1. The validation organization shall assign overall responsibility 
for the validation of PSDI certification to an Administrative Director. 
Minimum requirements for this position are a Bachelor's degree and five 
years professional experience, at least one of which shall have been in 
responsible charge of a function in the areas of power press design or 
manufacture or a broad range of power press use, or in the areas of 
testing, quality control, or certification/validation of equipment 
comparable to power presses or their associated control systems.

[[Page 654]]

    2. The validating laboratory, if a separate organization from the 
validation organization, shall assign technical responsibility for the 
validation of PSDI certification to a Technical Director. Minimum 
requirements for this position are a Bachelor's degree in a technical 
field and five years of professional experience, at least one of which 
shall have been in responsible charge of a function in the area of 
testing, quality control or certification/validation of equipment 
comparable to power presses or their associated control systems.
    3. If the validation organization and the validating laboratory are 
the same organization, the administrative and technical responsibilities 
may be combined in a single position, with minimum requirements as 
described in E.1. and 2. for the combined position.
    4. The validation organization and validating laboratory shall have 
adequate administrative and technical staffs to conduct the validation 
of the certification of PSDI safety systems.

                F. Certification/Validation Mark or Logo

    1. The validation organization or the validating laboratory shall 
own a registered certification/validation mark or logo.
    2. The mark or logo shall be suitable for incorporation into the 
label required by paragraph (h)(11)(iii) of this section.

                        III. Program Requirements

             A. Test and Certification/Validation Procedures

    1. The validation organization and/or validating laboratory shall 
have established written procedures for test and certification/
validation of PSDI safety systems. The procedures shall be based on 
pertinent OSHA standards and test methods, or other publicly available 
standards and test methods generally recognized as appropriate in the 
field, such as national consensus standards or published standards of 
professional societies or trade associations.
    2. The written procedures for test and certification/validation of 
PSDI systems, and the standards and test methods on which they are 
based, shall be reproducible and be available to OSHA and to the public 
upon request.

                             B. Test Reports

    1. A test report shall be prepared for each PSDI safety system that 
is tested. The test report shall be signed by a technical staff 
representative and the Technical Director.
    2. The test report shall include the following:
    a. Name of manufacturer and catalog or model number of each 
subsystem or major component.
    b. Identification and description of test methods or procedures 
used. (This may be through reference to published sources which describe 
the test methods or procedures used.)
    c. Results of all tests performed.
    d. All safety distance calculations.
    3. A copy of the test report shall be maintained on file at the 
validation organization and/or validating laboratory, and shall be 
available to OSHA upon request.

                   C. Certification/Validation Reports

    1. A certification/validation report shall be prepared for each PSDI 
safety system for which the certification is validated. The 
certification/validation report shall be signed by the Administrative 
Director and the Technical Director.
    2. The certification/validation report shall include the following:
    a. Name of manufacturer and catalog or model number of each 
subsystem or major component.
    b. Results of all tests which serve as the basis for the 
certification.
    c. All safety distance calculations.
    d. Statement that the safety system conforms with all requirements 
of the PSDI standard and appendix A.
    3. A copy of the certification/validation report shall be maintained 
on file at the validation organization and/or validating laboratory, and 
shall be available to the public upon request.
    4. A copy of the certification/validation report shall be submitted 
to OSHA within 30 days of its completion.

                         D. Publications System

    The validation organization shall make available upon request a list 
of PSDI safety systems which have been certified/validated by the 
program.

                         E. Follow-up Activities

    1. The validation organization or validating laboratory shall have a 
follow-up system for inspecting or testing manufacturer's production of 
design certified/validated PSDI safety system components and 
subassemblies where deemed appropriate by the validation organization.
    2. The validation organization shall notify the appropriate product 
manufacturer(s) of any reports from employers of point of operation 
injuries which occur while a press is operated in a PSDI mode.

                               F. Records

    The validation organization or validating laboratory shall maintain 
a record of each certification/validation of a PSDI safety system, 
including manufacturer and/or employer certification documentation, test 
and

[[Page 655]]

working data, test report, certification/validation report, any follow-
up inspections or testing, and reports of equipment failures, any 
reports of accidents involving the equipment, and any other pertinent 
information. These records shall be available for inspection by OSHA and 
OSHA State Plan offices.

                    G. Dispute Resolution Procedures

    1. The validation organization shall have a reasonable written 
procedure for acknowledging and processing appeals or complaints from 
program participants (manufacturers, producers, suppliers, vendors and 
employers) as well as other interested parties (employees or their 
representatives, safety personnel, government agencies, etc.), 
concerning certification or validation.
    2. The validation organization may charge any complainant the 
reasonable charge for repeating tests needed for the resolution of 
disputes.

  Appendix D to Sec.  1910.217--Nonmandatory Supplementary Information

    This appendix provides nonmandatory supplementary information and 
guidelines to assist in the understanding and use of 29 CFR 1910.217(h) 
to allow presence sensing device initiation (PSDI) of mechanical power 
presses. Although this appendix as such is not mandatory, it references 
sections and requirements which are made mandatory by other parts of the 
PSDI standard and appendices.

                               1. General

    OSHA intends that PSDI continue to be prohibited where present 
state-of-the-art technology will not allow it to be done safely. Only 
part revolution type mechanical power presses are approved for PSDI. 
Similarly, only presses with a configuration such that a person's body 
cannot completely enter the bed area are approved for PSDI.

                           2. Brake and Clutch

    Flexible steel band brakes do not possess a long-term reliability 
against structural failure as compared to other types of brakes, and 
therefore are not acceptable on presses used in the PSDI mode of 
operation.
    Fast and consistent stopping times are important to safety for the 
PSDI mode of operation. Consistency of braking action is enhanced by 
high brake torque. The requirement in paragraph (h)(2)(ii) defines a 
high torque capability which should ensure fast and consistent stopping 
times.
    Brake design parameters important to PSDI are high torque, low 
moment of inertia, low air volume (if pneumatic) mechanisms, non-
interleaving engagement springs, and structural integrity which is 
enhanced by over-design. The requirement in paragrpah (h)(2)(iii) 
reduces the possibility of significantly increased stopping time if a 
spring breaks.
    As an added precaution to the requirements in paragraph (h)(2)(iii), 
brake adjustment locking means should be secured. Where brake springs 
are externally accessible, lock nuts or other means may be provided to 
reduce the possibility of backing off of the compression nut which holds 
the springs in place.

                          3. Pneumatic Systems

    Elevated clutch/brake air pressure results in longer stopping time. 
The requirement in paragraph (h)(3)(i)(C) is intended to prevent 
degradation in stoping speed from higher air pressure. Higher pressures 
may be permitted, however, to increase clutch torque to free ``jammed'' 
dies, provided positive measures are provided to prevent the higher 
pressure at other times.

                        4. Flywheels and Bearings

    Lubrication of bearings is considered the single greatest deterrent 
to their failure. The manufacturer's recommended procedures for 
maintenance and inspection should be closely followed.

                           5. Brake Monitoring

    The approval of brake monitor adjustments, as required in paragraph 
(h)(5)(ii), is not considered a recertification, and does not 
necessarily involve an on-site inspection by a representative of the 
validation organization. It is expected that the brake monitor 
adjustment normally could be evaluated on the basis of the effect on the 
safety system certification/validation documentation retained by the 
validation organization.
    Use of a brake monitor does not eliminate the need for periodic 
brake inspection and maintenance to reduce the possibility of 
catastrophic failures.

                  6. Cycle Control and Control Systems

    The PSDI set-up/reset means required by paragraph (h)(6)(iv) may be 
initiated by the actuation of a special momentary pushbutton or by the 
actuation of a special momentary pushbutton and the initiation of a 
first stroke with two hand controls.
    It would normally be preferable to limit the adjustment of the time 
required in paragraph (h)(6)(vi) to a maximum of 15 seconds. However, 
where an operator must do many operations outside the press, such as 
lubricating, trimming, deburring, etc., a longer interval up to 30 
seconds is permitted.
    When a press is equipped for PSDI operation, it is recommended that 
the presence sensing device be active as a guarding device in other 
production modes. This should enhance the reliability of the device and 
ensure that it remains operable.

[[Page 656]]

    An acceptable method for interlocking supplemental guards as 
required by paragraph (h)(6)(xiii) would be to incorporate the 
supplemental guard and the PSDI presence sensing device into a hinged 
arrangement in which the alignment of the presence sensing device 
serves, in effect, as the interlock. If the supplemental guards are 
moved, the presence sensing device would become misaligned and the press 
control would be deactivated. No extra microswitches or interlocking 
sensors would be required.
    Paragraph (h)(6)(xv) of the standard requires that the control 
system have provisions for an ``inch'' operating means; that die-setting 
not be done in the PSDI mode; and that production not be done in the 
``inch'' mode. It should be noted that the sensing device would be by-
passed in the ``inch'' mode. For that reason, the prohibitions against 
die-setting in the PSDI mode, and against production in the ``inch'' 
mode are cited to emphasize that ``inch'' operation is of reduced safety 
and is not compatible with PSDI or other production modes.

                      7. Environmental Requirements

    It is the intent of paragraph (h)(7) that control components be 
provided with inherent design protection against operating stresses and 
environmental factors affecting safety and reliability.

                            8. Safety system

    The safety system provision continues the concept of paragraph 
(b)(13) that the probability of two independent failures in the length 
of time required to make one press cycle is so remote as to be a 
negligible risk factor in the total array of equipment and human 
factors. The emphasis is on an integrated total system including all 
elements affecting point of operation safety.
    It should be noted that this does not require redundancy for press 
components such as structural elements, clutch/brake mechanisms, plates, 
etc., for which adequate reliability may be achieved by proper design, 
maintenance, and inspection.

                 9. Safeguarding the Point of Operation

    The intent of paragraph (h)(9)(iii) is to prohibit use of mirrors to 
``bend'' a single light curtain sensing field around corners to cover 
more than one side of a press. This prohibition is needed to increase 
the reliability of the presence sensing device in initiating a stroke 
only when the desired work motion has been completed.
    Object sensitivity describes the capability of a presence sensing 
device to detect an object in the sensing field, expressed as the linear 
measurement of the smallest interruption which can be detected at any 
point in the field. Minimum object sensitivity describes the largest 
acceptable size of the interruption in the sensing field. A minimum 
object sensitivity of one and one-fourth inches (31.75 mm) means that a 
one and one-fourth inch (31.75 mm) diameter object will be continuously 
detected at all locations in the sensing field.
    In deriving the safety distance required in paragraph (h)(9)(v), all 
stopping time measurements should be made with clutch/brake air pressure 
regulated to the press manufacturer's recommended value for full clutch 
torque capability. The stopping time measurements should be made with 
the heaviest upper die that is planned for use in the press. If the 
press has a slide counterbalance system, it is important that the 
counterbalance be adjusted correctly for upper die weight according to 
the manufacturer's instructions. While the brake monitor setting is 
based on the stopping time it actually measures, i.e., the normal 
stopping time at the top of the stroke, it is important that the safety 
distance be computed from the longest stopping time measured at any of 
the indicated three downstroke stopping positions listed in the 
explanation of Ts. The use in the formula of twice the stopping time 
increase, Tm, allowed by the brake monitor for brake wear allows for 
greater increases in the downstroke stopping time than occur in normal 
stopping time at the top of the stroke.

               10. Inspection and Maintenance. [Reserved]

               11. Safety System Certification/Validation

    Mandatory requirements for certification/validation of the PSDI 
safety system are provided in appendix A and appendix C to this 
standard. Nonmandatory supplementary information and guidelines relating 
to certification/validation of the PSDI safety system are provided to 
appendix B to this standard.

[39 FR 23502, June 27, 1974, as amended at 39 FR 41846, Dec. 3, 1974; 40 
FR 3982, Jan. 27, 1975; 43 FR 49750, Oct. 24, 1978; 45 FR 8594, Feb. 8, 
1980; 49 FR 18295, Apr. 30, 1984; 51 FR 34561, Sept. 29, 1986; 53 FR 
8353, 8358 Mar. 14, 1988; 54 FR 24333, June 7, 1989; 61 FR 9240, Mar. 7, 
1996; 69 FR 31882, June 8, 2004; 76 FR 80739, Dec. 27, 2011; 77 FR 
46949, Aug. 7, 2012; 78 FR 69550, Nov. 20, 2013]



Sec.  1910.218  Forging machines.

    (a) General requirements--(1) Use of lead. The safety requirements 
of this subparagraph apply to lead casts or other use of lead in the 
forge shop or die shop.
    (i) Thermostatic control of heating elements shall be provided to 
maintain proper melting temperature and prevent overheating.
    (ii) Fixed or permanent lead pot installations shall be exhausted.

[[Page 657]]

    (iii) Portable units shall be used only in areas where good, general 
room ventilation is provided.
    (iv) Personal protective equipment (gloves, goggles, aprons, and 
other items) shall be worn.
    (v) A covered container shall be provided to store dross skimmings.
    (vi) Equipment shall be kept clean, particularly from accumulations 
of yellow lead oxide.
    (2) Inspection and maintenance. It shall be the responsibility of 
the employer to maintain all forge shop equipment in a condition which 
will insure continued safe operation. This responsibility includes:
    (i) Establishing periodic and regular maintenance safety checks and 
keeping certification records of these inspections which include the 
date of inspection, the signature of the person who performed the 
inspection and the serial number, or other identifier, for the forging 
machine which was inspected.
    (ii) Scheduling and recording the inspection of guards and point of 
operation protection devices at frequent and regular intervals. 
Recording of inspections shall be in the form of a certification record 
which includes the date the inspection was performed, the signature of 
the person who performed the inspection and the serial number, or other 
identifier, of the equipment inspected.
    (iii) Training personnel for the proper inspection and maintenance 
of forging machinery and equipment.
    (iv) All overhead parts shall be fastened or protected in such a 
manner that they will not fly off or fall in event of failure.
    (3) Hammers and presses. (i) All hammers shall be positioned or 
installed in such a manner that they remain on or are anchored to 
foundations sufficient to support them according to applicable 
engineering standards.
    (ii) All presses shall be installed in such a manner that they 
remain where they are positioned or they are anchored to foundations 
sufficient to support them according to applicable engineering 
standards.

                             Table O-11--Strength and Dimensions for Wood Ram Props
----------------------------------------------------------------------------------------------------------------
                                   Minimum
                                  allowable                                           Maximum         Maximum
   Size of     Square inches      crushing       Maximum static                     recommended      allowable
   timber,        in cross        strength         load within    Safety factor      weight of       length of
  inches \1\      section        parallel to      short column                    forging hammer      timber,
                                grain, p.s.i.       range \3\                     for timber used      inches
                                     \2\
----------------------------------------------------------------------------------------------------------------
      4 x 4             16             5,000            80,000             10             8,000             44
      6 x 6             36             5,000           180,000             10            18,000             66
      8 x 8             64             5,000           320,000             10            32,000             88
    10 x 10            100             5,000           500,000             10            50,000            100
    12 x 12            144             5,000           720,000             10            72,000            132
----------------------------------------------------------------------------------------------------------------
\1\ Actual dimension.
\2\ Adapted from U.S. Department of Agriculture Technical Bulletin 479. Hardwoods recommended are those whose
  ultimate crushing strengths in compression parallel to grain are 5,000 p.s.i. (pounds per square inch) or
  greater.
\3\ Slenderness ratio formula for short columns is L/d = 11, where L = length of timber in inches and d = least
  dimension in inches; this ratio should not exceed 11.

    (iii) Means shall be provided for disconnecting the power to the 
machine and for locking out or rendering cycling controls inoperable.
    (iv) The ram shall be blocked when dies are being changed or other 
work is being done on the hammer. Blocks or wedges shall be made of 
material the strength and construction of which should meet or exceed 
the specifications and dimensions shown in Table O-11.
    (v) Tongs shall be of sufficient length to clear the body of the 
worker in case of kickback, and shall not have sharp handle ends.
    (vi) Oil swabs, or scale removers, or other devices to remove scale 
shall be provided. These devices shall be long enough to enable a man to 
reach the full length of the die without placing his hand or arm between 
the dies.
    (vii) Material handling equipment shall be of adequate strength, 
size, and dimension to handle diesetting operations safely.
    (viii) A scale guard of substantial construction shall be provided 
at the

[[Page 658]]

back of every hammer, so arranged as to stop flying scale.
    (ix) A scale guard of substantial construction shall be provided at 
the back of every press, so arranged as to stop flying scale.
    (b) Hammers, general--(1) Keys. Die keys and shims shall be made 
from a grade of material that will not unduly crack or splinter.
    (2) Foot operated devices. All foot operated devices (i.e., 
treadles, pedals, bars, valves, and switches) shall be substantially and 
effectively protected from unintended operation.
    (c) Presses. All manually operated valves and switches shall be 
clearly identified and readily accessible.
    (d) Power-driven hammers--(1) Safety cylinder head. Every steam or 
airhammer shall have a safety cylinder head to act as a cushion if the 
rod should break or pullout of the ram.
    (2) Shutoff valve. Steam hammers shall be provided with a quick 
closing emergency valve in the admission pipeline at a convenient 
location. This valve shall be closed and locked in the off position 
while the hammer is being adjusted, repaired, or serviced, or when the 
dies are being changed.
    (3) Cylinder draining. Steam hammers shall be provided with a means 
of cylinder draining, such as a self-draining arrangement or a quick-
acting drain cock.
    (4) Pressure pipes. Steam or air piping shall conform to the 
specifications of American National Standard ANSI B31.1.0-1967, Power 
Piping with Addenda issued before April 28, 1971, which is incorporated 
by reference as specified in Sec.  1910.6.
    (e) Gravity hammers--(1) Air-lift hammers. (i) Air-lift hammers 
shall have a safety cylinder head as required in paragraph (d)(1) of 
this section.
    (ii) Air-lift hammers shall have an air shutoff valve as required in 
paragraph (d)(2) of this section.
    (iii) Air-lift hammers shall be provided with two drain cocks: one 
on main head cylinder, and one on clamp cylinder.
    (iv) Air piping shall conform to the specifications of the ANSI 
B31.1.0-1967, Power Piping with Addenda issued before April 28, 1971, 
which is incorporated by reference as specified in Sec.  1910.6.
    (2) Board drophammers. (i) A suitable enclosure shall be provided to 
prevent damaged or detached boards from falling. The board enclosure 
shall be securely fastened to the hammer.
    (ii) All major assemblies and fittings which can loosen and fall 
shall be properly secured in place.
    (f) Forging presses--(1) Mechanical forging presses. When dies are 
being changed or maintenance is being performed on the press, the 
following shall be accomplished:
    (i) The power to the press shall be locked out.
    (ii) The flywheel shall be at rest.
    (iii) The ram shall be blocked with a material the strength of which 
shall meet or exceed the specifications or dimensions shown in Table O-
11.
    (2) Hydraulic forging presses. When dies are being changed or 
maintenance is being performed on the press, the following shall be 
accomplished:
    (i) The hydraulic pumps and power apparatus shall be locked out.
    (ii) The ram shall be blocked with a material the strength of which 
shall meet or exceed the specifications or dimensions shown in Table O-
11.
    (g) Trimming presses--(1) Hot trimming presses. The requirements of 
paragraph (f)(1) of this section shall also apply to hot trimming 
presses.
    (2) Cold trimming presses. Cold trimming presses shall be 
safeguarded in accordance with Sec.  1910.217(c).
    (h) Upsetters--(1) General requirements. All upsetters shall be 
installed so that they remain on their supporting foundations.
    (2) Lockouts. Upsetters shall be provided with a means for locking 
out the power at its entry point to the machine and rendering its 
cycling controls inoperable.
    (3) Manually operated controls. All manually operated valves and 
switches shall be clearly identified and readily accessible.
    (4) Tongs. Tongs shall be of sufficient length to clear the body of 
the worker in case of kickback, and shall not have sharp handle ends.
    (5) Changing dies. When dies are being changed, maintenance 
performed, or any work done on the machine, the

[[Page 659]]

power to the upsetter shall be locked out, and the flywheel shall be at 
rest.
    (i) Other forging equipment--(1) Boltheading. The provisions of 
paragraph (h) of this section shall apply to boltheading.
    (2) Rivet making. The provisions of paragraph (h) of this section 
shall apply to rivet making.
    (j) Other forge facility equipment--(1) Billet shears. A positive-
type lockout device for disconnecting the power to the shear shall be 
provided.
    (2) Saws. Every saw shall be provided with a guard of not less than 
one-eighth inch sheet metal positioned to stop flying sparks.
    (3) Conveyors. Conveyor power transmission equipment shall be 
guarded in accordance with ANSI B20.1-1957, Safety Code for Conveyors, 
Cableways, and Related Equipment, which is incorporated by reference as 
specified in Sec.  1910.6.
    (4) Shot blast. The cleaning chamber shall have doors or guards to 
protect operators.
    (5) Grinding. Personal protective equipment shall be used in 
grinding operations, and equipment shall be used and maintained in 
accordance with ANSI B7.1-1970, Safety Code for the Use, Care, and 
Protection of Abrasive Wheels, which is incorporated by reference as 
specified in Sec.  1910.6, and with Sec.  1910.215.

[39 FR 23502, June 27, 1974, as amended at 49 FR 5323, Feb. 10, 1984; 51 
FR 34561, Sept. 29, 1986; 61 FR 9240, Mar. 7, 1996]



Sec.  1910.219  Mechanical power-transmission apparatus.

    (a) General requirements. (1) This section covers all types and 
shapes of power-transmission belts, except the following when operating 
at two hundred and fifty (250) feet per minute or less: (i) Flat belts 
one (1) inch or less in width, (ii) flat belts two (2) inches or less in 
width which are free from metal lacings or fasteners, (iii) round belts 
one-half (\1/2\) inch or less in diameter; and (iv) single strand V-
belts, the width of which is thirteen thirty-seconds (\13/32\) inch or 
less.
    (2) Vertical and inclined belts (paragraphs (e) (3) and (4) of this 
section) if not more than two and one-half (2\1/2\) inches wide and 
running at a speed of less than one thousand (1,000) feet per minute, 
and if free from metal lacings or fastenings may be guarded with a nip-
point belt and pulley guard.
    (3) For the Textile Industry, because of the presence of excessive 
deposits of lint, which constitute a serious fire hazard, the sides and 
face sections only of nip-point belt and pulley guards are required, 
provided the guard shall extend at least six (6) inches beyond the rim 
of the pulley on the in-running and off-running sides of the belt and at 
least two (2) inches away from the rim and face of the pulley in all 
other directions.
    (4) This section covers the principal features with which power 
transmission safeguards shall comply.
    (b) Prime-mover guards--(1) Flywheels. Flywheels located so that any 
part is seven (7) feet or less above floor or platform shall be guarded 
in accordance with the requirements of this subparagraph:
    (i) With an enclosure of sheet, perforated, or expanded metal, or 
woven wire;
    (ii) With guard rails placed not less than fifteen (15) inches nor 
more than twenty (20) inches from rim. When flywheel extends into pit or 
is within 12 inches of floor, a standard toeboard shall also be 
provided;
    (iii) When the upper rim of flywheel protrudes through a working 
floor, it shall be entirely enclosed or surrounded by a guardrail and 
toeboard.
    (iv) For flywheels with smooth rims five (5) feet or less in 
diameter, where the preceding methods cannot be applied, the following 
may be used: A disk attached to the flywheel in such manner as to cover 
the spokes of the wheel on the exposed side and present a smooth surface 
and edge, at the same time providing means for periodic inspection. An 
open space, not exceeding four (4) inches in width, may be left between 
the outside edge of the disk and the rim of the wheel if desired, to 
facilitate turning the wheel over. Where a disk is used, the keys or 
other dangerous projections not covered by disk shall be cut off or 
covered. This subdivision does not apply to flywheels with solid web 
centers.

[[Page 660]]

    (v) Adjustable guard to be used for starting engine or for running 
adjustment may be provided at the flywheel of gas or oil engines. A slot 
opening for jack bar will be permitted.
    (vi) Wherever flywheels are above working areas, guards shall be 
installed having sufficient strength to hold the weight of the flywheel 
in the event of a shaft or wheel mounting failure.
    (2) Cranks and connecting rods. Cranks and connecting rods, when 
exposed to contact, shall be guarded in accordance with paragraphs (m) 
and (n) of this section, or by a guardrail as described in paragraph 
(o)(5) of this section.
    (3) Tail rods or extension piston rods. Tail rods or extension 
piston rods shall be guarded in accordance with paragraphs (m) and (o) 
of this section, or by a guardrail on sides and end, with a clearance of 
not less than fifteen (15) nor more than twenty (20) inches when rod is 
fully extended.
    (c) Shafting--(1) Installation. (i) Each continuous line of shafting 
shall be secured in position against excessive endwise movement.
    (ii) Inclined and vertical shafts, particularly inclined idler 
shafts, shall be securely held in position against endwise thrust.
    (2) Guarding horizontal shafting. (i) All exposed parts of 
horizontal shafting seven (7) feet or less from floor or working 
platform, excepting runways used exclusively for oiling, or running 
adjustments, shall be protected by a stationary casing enclosing 
shafting completely or by a trough enclosing sides and top or sides and 
bottom of shafting as location requires.
    (ii) Shafting under bench machines shall be enclosed by a stationary 
casing, or by a trough at sides and top or sides and bottom, as location 
requires. The sides of the trough shall come within at least six (6) 
inches of the underside of table, or if shafting is located near floor 
within six (6) inches of floor. In every case the sides of trough shall 
extend at least two (2) inches beyond the shafting or protuberance.
    (3) Guarding vertical and inclined shafting. Vertical and inclined 
shafting seven (7) feet or less from floor or working platform, 
excepting maintenance runways, shall be enclosed with a stationary 
casing in accordance with requirements of paragraphs (m) and (o) of this 
section.
    (4) Projecting shaft ends. (i) Projecting shaft ends shall present a 
smooth edge and end and shall not project more than one-half the 
diameter of the shaft unless guarded by nonrotating caps or safety 
sleeves.
    (ii) Unused keyways shall be filled up or covered.
    (5) Power-transmission apparatus located in basements. All 
mechanical power transmission apparatus located in basements, towers, 
and rooms used exclusively for power transmission equipment shall be 
guarded in accordance with this section, except that the requirements 
for safeguarding belts, pulleys, and shafting need not be complied with 
when the following requirements are met:
    (i) The basement, tower, or room occupied by transmission equipment 
is locked against unauthorized entrance.
    (ii) The vertical clearance in passageways between the floor and 
power transmission beams, ceiling, or any other objects, is not less 
than five feet six inches (5 ft. 6 in.).
    (iii) The intensity of illumination conforms to the requirements of 
ANSI A11.1-1965 (R-1970), which is incorporated by reference as 
specified in Sec.  1910.6.
    (iv) [Reserved]
    (v) The route followed by the oiler is protected in such manner as 
to prevent accident.
    (d) Pulleys--(1) Guarding. Pulleys, any parts of which are seven (7) 
feet or less from the floor or working platform, shall be guarded in 
accordance with the standards specified in paragraphs (m) and (o) of 
this section. Pulleys serving as balance wheels (e.g., punch presses) on 
which the point of contact between belt and pulley is more than six feet 
six inches (6 ft. 6 in.) from the floor or platform may be guarded with 
a disk covering the spokes.
    (2) Location of pulleys. (i) Unless the distance to the nearest 
fixed pulley, clutch, or hanger exceeds the width of the belt used, a 
guide shall be provided to prevent the belt from leaving the pulley on 
the side where insufficient clearance exists.
    (ii) [Reserved]

[[Page 661]]

    (3) Broken pulleys. Pulleys with cracks, or pieces broken out of 
rims, shall not be used.
    (4) Pulley speeds. Pulleys intended to operate at rim speed in 
excess of manufacturers normal recommendations shall be specially 
designed and carefully balanced for the speed at which they are to 
operate.
    (e) Belt, rope, and chain drives--(1) Horizontal belts and ropes. 
(i) Where both runs of horizontal belts are seven (7) feet or less from 
the floor level, the guard shall extend to at least fifteen (15) inches 
above the belt or to a standard height except that where both runs of a 
horizontal belt are 42 inches or less from the floor, the belt shall be 
fully enclosed in accordance with paragraphs (m) and (o) of this 
section.
    (ii) In powerplants or power-development rooms, a guardrail may be 
used in lieu of the guard required by subdivision (i) of this 
subparagraph.
    (2) Overhead horizontal belts. (i) Overhead horizontal belts, with 
lower parts seven (7) feet or less from the floor or platform, shall be 
guarded on sides and bottom in accordance with paragraph (o)(3) of this 
section.
    (ii) Horizontal overhead belts more than seven (7) feet above floor 
or platform shall be guarded for their entire length under the following 
conditions:
    (a) If located over passageways or work places and traveling 1,800 
feet or more per minute.
    (b) If center to center distance between pulleys is ten (10) feet or 
more.
    (c) If belt is eight (8) inches or more in width.
    (iii) Where the upper and lower runs of horizontal belts are so 
located that passage of persons between them would be possible, the 
passage shall be either:
    (a) Completely barred by a guardrail or other barrier in accordance 
with paragraphs (m) and (o) of this section; or
    (b) Where passage is regarded as necessary, there shall be a 
platform over the lower run guarded on either side by a railing 
completely filled in with wire mesh or other filler, or by a solid 
barrier. The upper run shall be so guarded as to prevent contact 
therewith either by the worker or by objects carried by him. In 
powerplants only the lower run of the belt need be guarded.
    (iv) Overhead chain and link belt drives are governed by the same 
rules as overhead horizontal belts and shall be guarded in the same 
manner as belts.
    (3) Vertical and inclined belts. (i) Vertical and inclined belts 
shall be enclosed by a guard conforming to standards in paragraphs (m) 
and (o) of this section.
    (ii) All guards for inclined belts shall be arranged in such a 
manner that a minimum clearance of seven (7) feet is maintained between 
belt and floor at any point outside of guard.
    (4) Vertical belts. Vertical belts running over a lower pulley more 
than seven (7) feet above floor or platform shall be guarded at the 
bottom in the same manner as horizontal overhead belts, if conditions 
are as stated in paragraphs (e)(2)(ii) (a) and (c) of this section.
    (5) Cone-pulley belts. (i) The cone belt and pulley shall be 
equipped with a belt shifter so constructed as to adequately guard the 
nip point of the belt and pulley. If the frame of the belt shifter does 
not adequately guard the nip point of the belt and pulley, the nip point 
shall be further protected by means of a vertical guard placed in front 
of the pulley and extending at least to the top of the largest step of 
the cone.
    (ii) If the belt is of the endless type or laced with rawhide laces, 
and a belt shifter is not desired, the belt will be considered guarded 
if the nip point of the belt and pulley is protected by a nip point 
guard located in front of the cone extending at least to the top of the 
largest step of the cone, and formed to show the contour of the cone in 
order to give the nip point of the belt and pulley the maximum 
protection.
    (iii) If the cone is located less than 3 feet from the floor or 
working platform, the cone pulley and belt shall be guarded to a height 
of 3 feet regardless of whether the belt is endless or laced with 
rawhide.
    (6) Belt tighteners. (i) Suspended counterbalanced tighteners and 
all parts thereof shall be of substantial construction and securely 
fastened; the bearings shall be securely capped. Means must be provided 
to prevent tightener from falling, in case the belt breaks.

[[Page 662]]

    (ii) Where suspended counterweights are used and not guarded by 
location, they shall be so encased as to prevent accident.
    (f) Gears, sprockets, and chains--(1) Gears. Gears shall be guarded 
in accordance with one of the following methods:
    (i) By a complete enclosure; or
    (ii) By a standard guard as described in paragraph (o) of this 
section, at least seven (7) feet high extending six (6) inches above the 
mesh point of the gears; or
    (iii) By a band guard covering the face of gear and having flanges 
extended inward beyond the root of the teeth on the exposed side or 
sides. Where any portion of the train of gears guarded by a band guard 
is less than six (6) feet from the floor a disk guard or a complete 
enclosure to the height of six (6) feet shall be required.
    (2) Hand-operated gears. Paragraph (f)(1) of this section does not 
apply to hand-operated gears used only to adjust machine parts and which 
do not continue to move after hand power is removed. However, the 
guarding of these gears is highly recommended.
    (3) Sprockets and chains. All sprocket wheels and chains shall be 
enclosed unless they are more than seven (7) feet above the floor or 
platform. Where the drive extends over other machine or working areas, 
protection against falling shall be provided. This subparagraph does not 
apply to manually operated sprockets.
    (4) Openings for oiling. When frequent oiling must be done, openings 
with hinged or sliding self-closing covers shall be provided. All points 
not readily accessible shall have oil feed tubes if lubricant is to be 
added while machinery is in motion.
    (g) Guarding friction drives. The driving point of all friction 
drives when exposed to contact shall be guarded, all arm or spoke 
friction drives and all web friction drives with holes in the web shall 
be entirely enclosed, and all projecting belts on friction drives where 
exposed to contact shall be guarded.
    (h) Keys, setscrews, and other projections. (1) All projecting keys, 
setscrews, and other projections in revolving parts shall be removed or 
made flush or guarded by metal cover. This subparagraph does not apply 
to keys or setscrews within gear or sprocket casings or other 
enclosures, nor to keys, setscrews, or oilcups in hubs of pulleys less 
than twenty (20) inches in diameter where they are within the plane of 
the rim of the pulley.
    (2) It is recommended, however, that no projecting setscrews or 
oilcups be used in any revolving pulley or part of machinery.
    (i) Collars and couplings--(1) Collars. All revolving collars, 
including split collars, shall be cylindrical, and screws or bolts used 
in collars shall not project beyond the largest periphery of the collar.
    (2) Couplings. Shaft couplings shall be so constructed as to present 
no hazard from bolts, nuts, setscrews, or revolving surfaces. Bolts, 
nuts, and setscrews will, however, be permitted where they are covered 
with safety sleeves or where they are used parallel with the shafting 
and are countersunk or else do not extend beyond the flange of the 
coupling.
    (j) Bearings and facilities for oiling. All drip cups and pans shall 
be securely fastened.
    (k) Guarding of clutches, cutoff couplings, and clutch pulleys--(1) 
Guards. Clutches, cutoff couplings, or clutch pulleys having projecting 
parts, where such clutches are located seven (7) feet or less above the 
floor or working platform, shall be enclosed by a stationary guard 
constructed in accordance with this section. A ``U'' type guard is 
permissible.
    (2) Engine rooms. In engine rooms a guardrail, preferably with 
toeboard, may be used instead of the guard required by paragraph (k)(1) 
of this section, provided such a room is occupied only by engine room 
attendants.
    (l) Belt shifters, clutches, shippers, poles, perches, and 
fasteners--(1) Belt shifters. (i) Tight and loose pulleys on all new 
installations made on or after August 31, 1971, shall be equipped with a 
permanent belt shifter provided with mechanical means to prevent belt 
from creeping from loose to tight pulley. It is recommended that old 
installations be changed to conform to this rule.
    (ii) Belt shifter and clutch handles shall be rounded and be located 
as far

[[Page 663]]

as possible from danger of accidental contact, but within easy reach of 
the operator. Where belt shifters are not directly located over a 
machine or bench, the handles shall be cut off six feet six inches (6 
ft. 6 in.) above floor level.
    (2) Belt shippers and shipper poles. The use of belt poles as 
substitutes for mechanical shifters is not recommended.
    (3) Belt perches. Where loose pulleys or idlers are not practicable, 
belt perches in form of brackets, rollers, etc., shall be used to keep 
idle belts away from the shafts.
    (4) Belt fasteners. Belts which of necessity must be shifted by hand 
and belts within seven (7) feet of the floor or working platform which 
are not guarded in accordance with this section shall not be fastened 
with metal in any case, nor with any other fastening which by 
construction or wear will constitute an accident hazard.
    (m) Standard guards--general requirements--(1) Materials. (i) 
Standard conditions shall be secured by the use of the following 
materials. Expanded metal, perforated or solid sheet metal, wire mesh on 
a frame of angle iron, or iron pipe securely fastened to floor or to 
frame of machine.
    (ii) All metal should be free from burrs and sharp edges.
    (2) Methods of manufacture. (i) Expanded metal, sheet or perforated 
metal, and wire mesh shall be securely fastened to frame.
    (ii) [Reserved]
    (n) [Reserved]
    (o) Approved materials--(1) Minimum requirements. The materials and 
dimensions specified in this paragraph shall apply to all guards, except 
horizontal overhead belts, rope, cable, or chain guards more than seven 
(7) feet above floor, or platform.
    (i) [Reserved]
    (a) All guards shall be rigidly braced every three (3) feet or 
fractional part of their height to some fixed part of machinery or 
building structure. Where guard is exposed to contact with moving 
equipment additional strength may be necessary.
    (b) [Reserved]
    (ii) [Reserved]
    (2) Wood guards. (i) Wood guards may be used in the woodworking and 
chemical industries, in industries where the presence of fumes or where 
manufacturing conditions would cause the rapid deterioration of metal 
guards; also in construction work and in locations outdoors where 
extreme cold or extreme heat make metal guards and railings undesirable. 
In all other industries, wood guards shall not be used.
    (ii) [Reserved]
    (3) Guards for horizontal overhead belts. (i) Guards for horizontal 
overhead belts shall run the entire length of the belt and follow the 
line of the pulley to the ceiling or be carried to the nearest wall, 
thus enclosing the belt effectively. Where belts are so located as to 
make it impracticable to carry the guard to wall or ceiling, 
construction of guard shall be such as to enclose completely the top and 
bottom runs of belt and the face of pulleys.
    (ii) [Reserved]
    (iii) Suitable reinforcement shall be provided for the ceiling 
rafters or overhead floor beams, where such is necessary, to sustain 
safely the weight and stress likely to be imposed by the guard. The 
interior surface of all guards, by which is meant the surface of the 
guard with which a belt will come in contact, shall be smooth and free 
from all projections of any character, except where construction demands 
it; protruding shallow roundhead rivets may be used. Overhead belt 
guards shall be at least one-quarter wider than belt which they protect, 
except that this clearance need not in any case exceed six (6) inches on 
each side. Overhead rope drive and block and roller-chain-drive guards 
shall be not less than six (6) inches wider than the drive on each side. 
In overhead silent chain-drive guards where the chain is held from 
lateral displacement on the sprockets, the side clearances required on 
drives of twenty (20) inch centers or under shall be not less than one-
fourth inch from the nearest moving chain part, and on drives of over 
twenty (20) inch centers a minimum of one-half inch from the nearest 
moving chain part.
    (4) Guards for horizontal overhead rope and chain drives. Overhead-
rope and chain-drive guard construction shall conform to the rules for 
overhead-belt guard.

[[Page 664]]

    (5) Guardrails and toeboards. (i) Guardrail shall be forty-two (42) 
inches in height, with midrail between top rail and floor.
    (ii) Posts shall be not more than eight (8) feet apart; they are to 
be permanent and substantial, smooth, and free from protruding nails, 
bolts, and splinters. If made of pipe, the post shall be one and one-
fourth (1\1/4\) inches inside diameter, or larger. If made of metal 
shapes or bars, their section shall be equal in strength to that of one 
and one-half (1\1/2\) by one and one-half (1\1/2\) by three-sixteenths 
(\3/16\) inch angle iron. If made of wood, the posts shall be two by 
four (2 x 4) inches or larger. The upper rail shall be two by four (2 x 
4) inches, or two one by four (1 x 4) strips, one at the top and one at 
the side of posts. The midrail may be one by four (1 x 4) inches or 
more. Where panels are fitted with expanded metal or wire mesh the 
middle rails may be omitted. Where guard is exposed to contact with 
moving equipment, additional strength may be necessary.
    (iii) Toeboards shall be four (4) inches or more in height, of wood, 
metal, or of metal grill not exceeding one (1) inch mesh.
    (p) Care of equipment--(1) General. All power-transmission equipment 
shall be inspected at intervals not exceeding 60 days and be kept in 
good working condition at all times.
    (2) Shafting. (i) Shafting shall be kept in alignment, free from 
rust and excess oil or grease.
    (ii) Where explosives, explosive dusts, flammable vapors or 
flammable liquids exist, the hazard of static sparks from shafting shall 
be carefully considered.
    (3) Bearings. Bearings shall be kept in alignment and properly 
adjusted.
    (4) Hangers. Hangers shall be inspected to make certain that all 
supporting bolts and screws are tight and that supports of hanger boxes 
are adjusted properly.
    (5) Pulleys. (i) Pulleys shall be kept in proper alignment to 
prevent belts from running off.
    (ii) [Reserved]
    (6) Care of belts.
    (i) [Reserved]
    (ii) Inspection shall be made of belts, lacings, and fasteners and 
such equipment kept in good repair.
    (7) Lubrication. The regular oilers shall wear tight-fitting 
clothing. Machinery shall be oiled when not in motion, wherever 
possible.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49750, Oct. 24, 1978; 
43 FR 51760; Nov. 7, 1978; 49 FR 5323, Feb. 10, 1984; 61 FR 9240, Mar. 
7, 1996; 69 FR 31882, June 8, 2004]



 Subpart P_Hand and Portable Powered Tools and Other Hand-Held Equipment

    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), or 5-2007 (72 FR 31159), as applicable; 29 CFR part 1911.
    Section 1910.243 also issued under 29 CFR part 1910.



Sec.  1910.241  Definitions.

    As used in this subpart:
    (a) Explosive-actuated fastening tool terms--(1) Hammer-operated 
piston tool--low-velocity type. A tool which, by means of a heavy mass 
hammer supplemented by a load, moves a piston designed to be captive to 
drive a stud, pin, or fastener into a work surface, always starting the 
fastener at rest and in contact with the work surface. It shall be so 
designed that when used with any load that accurately chambers in it and 
that is commercially available at the time the tool is submitted for 
approval, it will not cause such stud, pin, or fastener to have a mean 
velocity in excess of 300 feet per second when measured 6.5 feet from 
the muzzle end of the barrel.
    (2) High-velocity tool. A tool or machine which, when used with a 
load, propels or discharges a stud, pin, or fastener, at velocities in 
excess of 300 feet per second when measured 6.5 feet from the muzzle end 
of the barrel, for the purpose of impinging it upon, affixing it to, or 
penetrating another object or material.
    (3) Low-velocity piston tool. A tool that utilizes a piston designed 
to be captive to drive a stud, pin, or fastener

[[Page 665]]

into a work surface. It shall be so designed that when used with any 
load that accurately chambers in it and that is commercially available 
at the time the tool is submitted for approval, it will not cause such 
stud, pin, or fastener to have a mean velocity in excess of 300 feet per 
second when measured 6.5 feet from the muzzle end of the barrel.
    (4) Stud, pin, or fastener. A fastening device specifically designed 
and manufactured for use in explosive-actuated fastening tools.
    (5) To chamber. To fit properly without the use of excess force, the 
case being duly supported.
    (6) Explosive powerload, also known as load. Any substance in any 
form capable of producing a propellant force.
    (7) Tool. An explosive-actuated fastening tool, unless otherwise 
indicated, and all accessories pertaining thereto.
    (8) Protective shield or guard. A device or guard attached to the 
muzzle end of the tool, which is designed to confine flying particles.
    (b) Abrasive wheel terms--(1) Mounted wheels. Mounted wheels, 
usually 2-inch diameter or smaller, and of various shapes, may be either 
organic or inorganic bonded abrasive wheels. They are secured to plain 
or threaded steel mandrels.
    (2) Tuck pointing. Removal, by grinding, of cement, mortar, or other 
nonmetallic jointing material.
    (3) Tuck pointing wheels. Tuck pointing wheels, usually Type 1, 
reinforced organic bonded wheels have diameter, thickness and hole size 
dimension. They are subject to the same limitations of use and mounting 
as Type 1 wheels defined in subparagraph (10) of this paragraph.

    Limitation: Wheels used for tuck pointing should be reinforced, 
organic bonded. (See Sec.  1910.243(c)(1)(ii)(c.))

    (4) Portable grinding. A grinding operation where the grinding 
machine is designed to be hand held and may be easily moved from one 
location to another.
    (5) Organic bonded wheels. Organic wheels are wheels which are 
bonded by means of an organic material such as resin, rubber, shellac, 
or other similar bonding agent.
    (6) Safety guard. A safety guard is an enclosure designed to 
restrain the pieces of the grinding wheel and furnish all possible 
protection in the event that the wheel is broken in operation.
    (7) Reinforced wheels. The term reinforced as applied to grinding 
wheels shall define a class of organic wheels which contain 
strengthening fabric or filament. The term reinforced does not cover 
wheels using such mechanical additions as steel rings, steel cup backs 
or wire or tape winding.
    (8) Type 11 flaring cup wheels. Type 11 flaring cup wheels have 
double diameter dimensions D and J, and in addition have thickness, hole 
size, rim and back thickness dimensions. Grinding is always performed on 
rim face, W dimension. Type 11 wheels are subject to all limitations of 
use and mounting listed for Type 6 straight sided cup wheels definition 
in subparagraph (9) of this paragraph.
                       Type 11 Flaring Cup Wheels
[GRAPHIC] [TIFF OMITTED] TC27OC91.078

                               Figure P-1

                       Type 11--Flaring-cup Wheel

Side grinding wheel having a wall flared or tapered outward from the 
back. Wall thickness at the back is normally greater than at the 
grinding face (W).

    Limitation: Minimum back thickness, E dimension, should not be less 
than one-fourth T dimension. In addition when unthreaded hole wheels are 
specified the inside flat, K dimension, shall be large enough to 
accommodate a suitable flange.

    (9) Type 6 straight cup wheels. Type 6 cup wheels have diameter, 
thickness, hole size, rim thickness, and back thickness dimensions. 
Grinding is always performed on rim face, W dimension.


[[Page 666]]


    Limitation: Minimum back thickness, E dimension, should not be less 
than one-fourth T dimension. In addition, when unthreaded hole wheels 
are specified, the inside flat, K dimension, must be large enough to 
accommodate a suitable flange.
                       Type 6 Straight Cup Wheels
[GRAPHIC] [TIFF OMITTED] TC27OC91.079

                               Figure P-2

                       Type 6--Straight Cup Wheel

Side grinding wheel having a diameter, thickness and hole with one side 
straight or flat and the opposite side recessed. This type, however, 
differs from Type 5 in that the grinding is performed on the wall of the 
abrasive created by the difference between the diameter of the recess 
and the outside diameter of the wheel. Therefore, the wall dimension 
``W'' takes precedence over the diameter of the recess as an essential 
intermediate dimension to describe this shape type.

    (10) Type 1 straight wheels. Type 1 straight wheels have diameter, 
thickness, and hole size dimensions and should be used only on the 
periphery. Type 1 wheels shall be mounted between flanges.

    Limitation: Hole dimension (H) should not be greater than two-thirds 
of wheel diameter dimension (D) for precision, cylindrical, centerless, 
or surface grinding applications. Maximum hole size for all other 
applications should not exceed one-half wheel diameter.
                         Type 1 Straight Wheels
[GRAPHIC] [TIFF OMITTED] TC27OC91.080

                               Figure P-3

                         Type 1--Straight Wheel

    Peripheral grinding wheel having a diameter, thickness and hole.

    (c) [Reserved]
    (d) Jack terms--(1) Jack. A jack is an appliance for lifting and 
lowering or moving horizontally a load by application of a pushing 
force.

    Note: Jacks may be of the following types: Lever and ratchet, screw 
and hydraulic.

    (2) Rating. The rating of a jack is the maximum working load for 
which it is designed to lift safely that load throughout its specified 
amount of travel.

    Note: To raise the rated load of a jack, the point of application of 
the load, the applied force, and the length of lever arm should be those 
designated by the manufacturer for the particular jack considered.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49750, Oct. 24, 1978]



Sec.  1910.242  Hand and portable powered tools and equipment, general.

    (a) General requirements. Each employer shall be responsible for the 
safe condition of tools and equipment used by employees, including tools 
and equipment which may be furnished by employees.
    (b) Compressed air used for cleaning. Compressed air shall not be 
used for cleaning purposes except where reduced to less than 30 p.s.i. 
and then only with effective chip guarding and personal protective 
equipment.



Sec.  1910.243  Guarding of portable powered tools.

    (a) Portable powered tool--(1) Portable circular saws. (i) All 
portable, power-driven circular saws having a blade diameter greater 
than 2 in. shall be equipped with guards above and below the base plate 
or shoe. The upper guard shall cover the saw to the depth of the teeth, 
except for the minimum arc required to permit the base to be tilted for 
bevel cuts. The lower guard shall cover the saw to the depth of the 
teeth, except for the minimum arc required to allow proper retraction 
and contact with the work. When the tool is withdrawn from the work, the 
lower guard shall automatically and instantly return to covering 
position.

[[Page 667]]

    (ii) Paragraph (a)(1)(i) of this section does not apply to circular 
saws used in the meat industry for meat cutting purposes.
    (2) Switches and controls. (i) All hand-held powered circular saws 
having a blade diameter greater than 2 inches, electric, hydraulic or 
pneumatic chain saws, and percussion tools without positive accessory 
holding means shall be equipped with a constant pressure switch or 
control that will shut off the power when the pressure is released. All 
hand-held gasoline powered chain saws shall be equipped with a constant 
pressure throttle control that will shut off the power to the saw chain 
when the pressure is released.
    (ii) All hand-held powered drills, tappers, fastener drivers, 
horizontal, vertical, and angle grinders with wheels greater than 2 
inches in diameter, disc sanders with discs greater than 2 inches in 
diameter, belt sanders, reciprocating saws, saber, scroll, and jig saws 
with blade shanks greater than a nominal one-fourth inch, and other 
similarly operating powered tools shall be equipped with a constant 
pressure switch or control, and may have a lock-on control provided that 
turnoff can be accomplished by a single motion of the same finger or 
fingers that turn it on.
    (iii)(a) All other hand-held powered tools, such as, but not limited 
to, platen sanders, grinders with wheels 2 inches in diameter or less, 
disc sanders with discs 2 inches in diameter or less, routers, planers, 
laminate trimmers, nibblers, shears, saber, scroll, and jig saws with 
blade shanks a nominal one-fourth of an inch wide or less, may be 
equipped with either a positive ``on-off'' control, or other controls as 
described by paragraph (a)(2)(i) and (ii) of this section.
    (b) Saber, scroll, and jig saws with nonstandard blade holders may 
use blades with shanks which are nonuniform in width, provided the 
narrowest portion of the blade shank is an integral part in mounting the 
blade.
    (c) Blade shank width shall be measured at the narrowest portion of 
the blade shank when saber, scroll, and jig saws have nonstandard blade 
holders.
    (d) Nominal in this subparagraph means 0.05 
inch.
    (iv) The operating control on hand-held power tools shall be so 
located as to minimize the possibility of its accidental operation, if 
such accidental operation would constitute a hazard to employees.
    (v) This subparagraph does not apply to concrete vibrators, concrete 
breakers, powered tampers, jack hammers, rock drills, garden appliances, 
household and kitchen appliances, personal care appliances, medical or 
dental equipment, or to fixed machinery.
    (3) Portable belt sanding machines. Belt sanding machines shall be 
provided with guards at each nip point where the sanding belt runs onto 
a pulley. These guards shall effectively prevent the hands or fingers of 
the operator from coming in contact with the nip points. The unused run 
of the sanding belt shall be guarded against accidental contact.
    (4) Cracked saws. All cracked saws shall be removed from service.
    (5) Grounding. Portable electric powered tools shall meet the 
electrical requirements of subpart S of this part.
    (b) Pneumatic powered tools and hose--(1) Tool retainer. A tool 
retainer shall be installed on each piece of utilization equipment 
which, without such a retainer, may eject the tool.
    (2) Airhose. Hose and hose connections used for conducting 
compressed air to utilization equipment shall be designed for the 
pressure and service to which they are subjected.
    (c) Portable abrasive wheels--(1) General requirements. Abrasive 
wheels shall be used only on machine provided with safety guards as 
defined in paragraph (c) (1) through (4) of this section.
    (i) Exceptions. The requirements of this paragraph (c)(1) shall not 
apply to the following classes of wheels and conditions.
    (a) Wheels used for internal work while within the work being 
ground;
    (b) Mounted wheels used in portable operations 2 inches and smaller 
in diameter; (see definition Sec.  1910.241(b)(1)); and
    (c) Types 16, 17, 18, 18R, and 19 cones, and plugs, and threaded 
hole pot balls where the work offers protection.
    (ii)(a) A safety guard shall cover the spindle end, nut and flange 
projections. The safety guard shall be mounted so

[[Page 668]]

as to maintain proper alignment with the wheel, and the strength of the 
fastenings shall exceed the strength of the guard.
    (b) Exception. Safety guards on all operations where the work 
provides a suitable measure of protection to the operator may be so 
constructed that the spindle end, nut and outer flange are exposed. 
Where the nature of the work is such as to entirely cover the side of 
the wheel, the side covers of the guard may be omitted.
    (c) Exception. The spindle end, nut, and outer flange may be exposed 
on portable machines designed for, and used with, type 6, 11, 27, and 28 
abrasive wheels, cutting off wheels, and tuck pointing wheels.
    (2) Cup wheels. Cup wheels (Types 6 and 11) shall be protected by:
    (i) Safety guards as specified in paragraph (c)(1) of this section; 
or,
    (ii) Special ``revolving cup guards'' which mount behind the wheel 
and turn with it. They shall be made of steel or other material with 
adequate strength and shall enclose the wheel sides upward from the back 
for one-third of the wheel thickness. The mounting features shall 
conform with all regulations. (See paragraph (c)(5) of this section.) It 
is necessary to maintain clearance between the wheel side and the guard. 
The clearance shall not exceed one-sixteenth inch; or,
    (iii) Some other form of guard that will insure as good protection 
as that which would be provided by the guards specified in paragraph 
(c)(1) (i) or (ii) of this subparagraph.
    (3) Vertical portable grinders. Safety guards used on machines known 
as right angle head or vertical portable grinders shall have a maximum 
exposure angle of 180[deg], and the guard shall be so located so as to 
be between the operator and the wheel during use. Adjustment of guard 
shall be such that pieces of an accidentally broken wheel will be 
deflected away from the operator. (See Figure P-4.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.081

                             Figure No. P-4
    (4) Other portable grinders. The maximum angular exposure of the 
grinding wheel periphery and sides for safety guards used on other 
portable grinding machines shall not exceed 180[deg] and the top half of 
the wheel shall be enclosed at all times. (See Figures P-5 and P-6.)
[GRAPHIC] [TIFF OMITTED] TC27OC91.082

                             Figure No. P-5
[GRAPHIC] [TIFF OMITTED] TC27OC91.083

                             Figure No. P-6
    (5) Mounting and inspection of abrasive wheels. (i) Immediately 
before mounting, all wheels shall be closely inspected and sounded by 
the user (ring test, see subpart O, Sec.  1910.215(d)(1)) to make sure 
they have not been damaged in transit, storage, or otherwise. The 
spindle speed of the machine shall be checked before mounting of the 
wheel

[[Page 669]]

to be certain that it does not exceed the maximum operating speed marked 
on the wheel.
    (ii) Grinding wheels shall fit freely on the spindle and remain free 
under all grinding conditions. A controlled clearance between the wheel 
hole and the machine spindle (or wheel sleeves or adaptors) is essential 
to avoid excessive pressure from mounting and spindle expansion. To 
accomplish this, the machine spindle shall be made to nominal (standard) 
size plus zero minus .002 inch, and the wheel hole shall be made 
suitably oversize to assure safety clearance under the conditions of 
operating heat and pressure.
    (iii) All contact surfaces of wheels, blotters, and flangers shall 
be flat and free of foreign matter.
    (iv) When a bushing is used in the wheel hole it shall not exceed 
the width of the wheel and shall not contact the flanges.
    (v) Requirements for the use of flanges and blotters, see subpart O, 
Sec.  1910.215(c).
    (6) Excluded machinery. Natural sandstone wheels and metal, wooden, 
cloth, or paper discs, having a layer of abrasive on the surface are not 
covered by this paragraph.
    (d) Explosive actuated fastening tools--(1) General requirements. 
(i) Explosive-actuated fastening tools that are actuated by explosives 
or any similar means, and propel a stud, pin, fastener, or other object 
for the purpose of affixing it by penetration to any other object shall 
meet the design requirements specified by paragraph (d)(2) of this 
section. This requirement does not apply to devices designed for 
attaching objects to soft construction materials, such as wood, plaster, 
tar, dry wallboard, and the like, or to stud-welding equipment.
    (ii) Operators and assistants using tools shall be safeguarded by 
means of eye protection. Head and face protection shall be used, as 
required by working conditions, as set forth in subpart I.
    (2) Inspection, maintenance, and tool handling--(i) High-velocity 
tools. Tools of this type shall have the characteristics outlined in (a) 
through (h) of this section.
    (a) The muzzle end of the tool shall have a protective shield or 
guard at least 3\1/2\ inches in diameter, mounted perpendicular to and 
concentric with the barrel, and designed to confine any flying fragments 
or particles that might otherwise create a hazard at the time of firing.
    (b) Where a standard shield or guard cannot be used, or where it 
does not cover all apparent avenues through which flying particles might 
escape, a special shield, guard, fixture, or jig designed and built by 
the manufacturer of the tool being used, which provides this degree of 
protection, shall be used as a substitute.
    (c) The tool shall be so designed that it cannot be fired unless it 
is equipped with a standard protective shield or guard, or a special 
shield, guard, fixture, or jig.
    (d)(1) The firing mechanism shall be so designed that the tool 
cannot fire during loading or preparation to fire, or if the tool should 
be dropped while loaded.
    (2) Firing of the tool shall be dependent upon at least two separate 
and distinct operations of the operator, with the final firing movement 
being separate from the operation of bringing the tool into the firing 
position.
    (e) The tool shall be so designed as not to be operable other than 
against a work surface, and unless the operator is holding the tool 
against the work surface with a force at least 5 pounds greater than the 
total weight of the tool.
    (f) The tool shall be so designed that it will not operate when 
equipped with the standard guard indexed to the center position if any 
bearing surface of the guard is tilted more than 8[deg] from contact 
with the work surface.
    (g) The tool shall be so designed that positive means of varying the 
power are available or can be made available to the operator as part of 
the tool, or as an auxiliary, in order to make it possible for the 
operator to select a power level adequate to perform the desired work 
without excessive force.
    (h) The tool shall be so designed that all breeching parts will be 
reasonably visible to allow a check for any foreign matter that may be 
present.

[[Page 670]]

    (ii) Tools of the low-velocity-piston type shall have the 
characteristics outlined in paragraphs (d)(2)(ii) (a) through (e) of 
this section and any additional safety features he may wish to 
incorporate.
    (a) The muzzle end of the tool shall be designed so that suitable 
protective shields, guards, jigs, or fixtures, designed and built by the 
manufacturer of the tool being used, can be mounted perpendicular to the 
barrel. A standard spall shield shall be supplied with each tool.
    (b)(1) The tool shall be designed so that it shall not in ordinary 
usage propel or discharge a stud, pin, or fastener while loading or 
during preparation to fire, or if the tool should be dropped while 
loaded.
    (2) Firing of the tool shall be dependent upon at least two separate 
and distinct operations of the operator, with the final firing movement 
being separate from the operation of bringing the tool into the firing 
position.
    (c) The tool shall be so designed as not to be operable other than 
against a work surface, and unless the operator is holding the tool 
against the work surface with a force at least 5 pounds greater than the 
total weight of the tool.
    (d) The tool shall be so designed that positive means of varying the 
power are available or can be made available to the operator as part of 
the tool, or as an auxiliary, in order to make it possible for the 
operator to select a power level adequate to perform the desired work 
without excessive force.
    (e) The tool shall be so designed that all breeching parts will be 
reasonably visible to allow a check for any foreign matter that may be 
present.
    (iii) Tools of the hammer-operated piston tools--low-velocity type 
shall have the characteristics outlined in paragraphs (d)(2)(iii) (a) 
through (e) of this section.
    (a) The muzzle end of the tool shall be so designed that suitable 
protective shields, guards, jigs, or fixtures, designed and built by the 
manufacturer of the tool being used, can be mounted perpendicular to the 
barrel. A standard spall shield shall be supplied with each tool.
    (b) The tool shall be so designed that it shall not in ordinary 
usage propel or discharge a stud, pin, or fastener while loading, or 
during preparation to fire, or if the tool should be dropped while 
loaded.
    (c) Firing of the tool shall be dependent upon at least two separate 
and distinct operations of the operator, with the final firing movement 
being separate from the operation of bringing the tool into the firing 
position.
    (d) The tool shall be so designed that positive means of varying the 
power are available or can be made available to the operator as part of 
the tool, or as an auxiliary, in order to make it possible for the 
operator to select a power level adequate to perform the desired work 
without excessive force.
    (e) The tool shall be so designed that all breeching parts will be 
reasonably visible to allow a check for any foreign matter that may be 
present.
    (3) Requirements for loads and fasteners. (i) There shall be a 
standard means of identifying the power levels of loads used in tools.
    (ii) [Reserved]
    (iii) No load (cased or caseless) shall be used if it will 
accurately chamber in any existing approved commercially available low-
velocity piston tool or hammer operated piston tool--low-velocity type 
and will cause a fastener to have a mean velocity in excess of 300 feet 
per second when measured 6.5 feet from the muzzle end of the barrel. No 
individual test firing of a series shall exceed 300 feet per second by 
more than 8 percent.
    (iv) Fasteners used in tools shall be only those specifically 
manufactured for use in such tools.
    (4) Operating requirements. (i) Before using a tool, the operator 
shall inspect it to determine to his satisfaction that it is clean, that 
all moving parts operate freely, and that the barrel is free from 
obstructions.
    (ii) When a tool develops a defect during use, the operator shall 
immediately cease to use it, until it is properly repaired.
    (iii) Tools shall not be loaded until just prior to the intended 
firing time. Neither loaded nor empty tools are to be pointed at any 
workmen.

[[Page 671]]

    (iv) No tools shall be loaded unless being prepared for immediate 
use, nor shall an unattended tool be left loaded.
    (v) In case of a misfire, the operator shall hold the tool in the 
operating position for at least 30 seconds. He shall then try to operate 
the tool a second time. He shall wait another 30 seconds, holding the 
tool in the operating position; then he shall proceed to remove the 
explosive load in strict accordance with the manufacturer's 
instructions.
    (vi) A tool shall never be left unattended in a place where it would 
be available to unauthorized persons.
    (vii) Fasteners shall not be driven into very hard or brittle 
materials including, but not limited to, cast iron, glazed tile, 
surface-hardened steel, glass block, live rock, face brick, or hollow 
tile.
    (viii) Driving into materials easily penetrated shall be avoided 
unless such materials are backed by a substance that will prevent the 
pin or fastener from passing completely through and creating a flying-
missile hazard on the other side.
    (ix)(a) Fasteners shall not be driven directly into materials such 
as brick or concrete closer than 3 inches from the unsupported edge or 
corner, or into steel surfaces closer than one-half inch from the 
unsupported edge or corner, unless a special guard, fixture, or jig is 
used. (Exception: Low-velocity tools may drive no closer than 2 inches 
from an edge in concrete or one-fourth inch in steel.)
    (b) When fastening other materials, such as a 2- by 4-inch wood 
section to a concrete surface, it is permissible to drive a fastener of 
no greater than \7/32\-inch shank diameter not closer than 2 inches from 
the unsupported edge or corner of the work surface.
    (x) Fasteners shall not be driven through existing holes unless a 
positive guide is used to secure accurate alignment.
    (xi) No fastener shall be driven into a spalled area caused by an 
unsatisfactory fastening.
    (xii) Tools shall not be used in an explosive or flammable 
atmosphere.
    (xiii) All tools shall be used with the correct shield, guard, or 
attachment recommended by the manufacturer.
    (xiv) Any tool found not in proper working order shall be 
immediately removed from service. The tool shall be inspected at regular 
intervals and shall be repaired in accordance with the manufacturer's 
specifications.
    (e) Power lawnmowers--(1) General requirements. (i) Power lawnmowers 
of the walk-behind, riding-rotary, and reel power lawnmowers shall be 
guarded in accordance with the machine guarding requirements in 29 CFR 
1910.212, General requirements for all machines.
    (ii) All power-driven chains, belts, and gears shall be so 
positioned or otherwise guarded to prevent the operator's accidental 
contact therewith, during normal starting, mounting, and operation of 
the machine.
    (iii) A shutoff device shall be provided to stop operation of the 
motor or engine. This device shall require manual and intentional 
reactivation to restart the motor or engine.
    (iv) All positions of the operating controls shall be clearly 
identified.
    (v) The words, ``Caution. Be sure the operating control(s) is in 
neutral before starting the engine,'' or similar wording shall be 
clearly visible at an engine starting control point on self-propelled 
mowers.
    (2) Walk-behind and riding rotary mowers. (i) The mower blade shall 
be enclosed except on the bottom and the enclosure shall extend to or 
below the lowest cutting point of the blade in the lowest blade 
position.
    (ii) Guards which must be removed to install a catcher assembly 
shall comply with the following:
    (a) Warning instructions shall be affixed to the mower near the 
opening stating that the mower shall not be used without either the 
catcher assembly or the guard in place.
    (b) The catcher assembly or the guard shall be shipped and sold as 
part of the mower.
    (c) The instruction manual shall state that the mower shall not be 
used without either the catcher assembly or the guard in place.
    (d) The catcher assembly, when properly and completely installed, 
shall not create a condition which violates the limits given for the 
guarded opening.

[[Page 672]]

    (iii) Openings in the blade enclosure, intended for the discharge of 
grass, shall be limited to a maximum vertical angle of the opening of 
30[deg]. Measurements shall be taken from the lowest blade position.
    (iv) The total effective opening area of the grass discharge 
opening(s) shall not exceed 1,000 square degrees on units having a width 
of cut less than 27\1/2\ inches, or 2,000 square degrees on units having 
a width of cut 27\1/2\ inches or over.
    (v) The word ``Caution.'' or stronger wording, shall be placed on 
the mower at or near each discharge opening.
    (vi) [Reserved]
    (vii) Blade(s) shall stop rotating from the manufacturer's specified 
maximum speed within 15 seconds after declutching, or shutting off 
power.
    (viii) In a multipiece blade, the means of fastening the cutting 
members to the body of the blade or disc shall be so designed that they 
will not become worn to a hazardous condition before the cutting members 
themselves are worn beyond use.
    (ix) The maximum tip speed of any blade shall be 19,000 feet per 
minute.
    (3) Walk-behind rotary mowers. (i) The horizontal angle of the 
opening(s) in the blade enclosure, intended for the discharge of grass, 
shall not contact the operator area.
    (ii) There shall be one of the following at all openings in the 
blade enclosure intended for the discharge of grass:
    (a) A minimum unobstructed horizontal distance of 3 inches from the 
end of the discharge chute to the blade tip circle.
    (b) A rigid bar fastened across the discharge opening, secured to 
prevent removal without the use of tools. The bottom of the bar shall be 
no higher than the bottom edge of the blade enclosure.
    (iii) The highest point(s) of the front of the blade enclosure, 
except discharge openings, shall be such that any line extending a 
maximum of 15[deg] downward from the horizontal toward the blade shaft 
axis (axes) shall not intersect the horizontal plane within the blade 
tip circle. The highest point(s) on the blade enclosure front, except 
discharge-openings, shall not exceed 1\1/4\ inches above the lowest 
cutting point of the blade in the lowest blade position. Mowers with a 
swingover handle are to be considered as having no front in the blade 
enclosure and therefore shall comply with paragraph (e)(2)(i) of this 
section.
    (iv) The mower handle shall be fastened to the mower so as to 
prevent loss of control by unintentional uncoupling while in operation.
    (v) A positive upstop or latch shall be provided for the mower 
handle in the normal operating position(s). The upstop shall not be 
subject to unintentional disengagement during normal operation of the 
mower. The upstop or latch shall not allow the center or the handle 
grips to come closer than 17 inches horizontally behind the closest path 
of the mower blade(s) unless manually disengaged.
    (vi) A swing-over handle, which complies with the above 
requirements, will be permitted.
    (vii) Wheel drive disengaging controls, except deadman controls, 
shall move opposite to the direction of the vehicle motion in order to 
disengage the drive. Deadman controls shall automatically interrupt 
power to a drive when the operator's actuating force is removed, and may 
operate in any direction to disengage the drive.
    (4) Riding rotary mowers. (i) The highest point(s) of all openings 
in the blade enclosure, front shall be limited by a vertical angle of 
opening of 15[deg] and a maximum distance of 1\1/4\ inches above the 
lowest cutting point of the blade in the lowest blade position.
    (ii) Opening(s) shall be placed so that grass or debris will not 
discharge directly toward any part of an operator seated in a normal 
operator position.
    (iii) There shall be one of the following at all openings in the 
blade enclosure intended for the discharge of grass:
    (a) A minimum unobstructed horizontal distance of 6 inches from the 
end of the discharge chute to the blade tip circle.
    (b) A rigid bar fastened across the discharge opening, secured to 
prevent removal without the use of tools. The bottom of the bar shall be 
no higher than the bottom edge of the blade enclosure.

[[Page 673]]

    (iv) Mowers shall be provided with stops to prevent jackknifing or 
locking of the steering mechanism.
    (v) Vehicle stopping means shall be provided.
    (vi) Hand-operated wheel drive disengaging controls shall move 
opposite to the direction of vehicle motion in order to disengage the 
drive. Foot-operated wheel drive disengaging controls shall be depressed 
to disengage the drive. Deadman controls, both hand and foot operated, 
shall automatically interrupt power to a drive when the operator's 
actuating force is removed, and may operate in any direction to 
disengage the drive.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49750, Oct. 24, 1978; 
49 FR 5323, Feb. 10, 1984; 50 FR 4649, Feb. 1, 1985; 61 FR 9240, Mar. 7, 
1996; 70 FR 53929, Sept. 13, 2005; 72 FR 71070, Dec. 14, 2007]



Sec.  1910.244  Other portable tools and equipment.

    (a) Jacks--(1) Loading and marking. (i) The operator shall make sure 
that the jack used has a rating sufficient to lift and sustain the load.
    (ii) The rated load shall be legibly and permanently marked in a 
prominent location on the jack by casting, stamping, or other suitable 
means.
    (2) Operation and maintenance. (i) In the absence of a firm 
foundation, the base of the jack shall be blocked. If there is a 
possibility of slippage of the cap, a block shall be placed in between 
the cap and the load.
    (ii) The operator shall watch the stop indicator, which shall be 
kept clean, in order to determine the limit of travel. The indicated 
limit shall not be overrun.
    (iii) After the load has been raised, it shall be cribbed, blocked, 
or otherwise secured at once.
    (iv) Hydraulic jacks exposed to freezing temperatures shall be 
supplied with an adequate antifreeze liquid.
    (v) All jacks shall be properly lubricated at regular intervals.
    (vi) Each jack shall be thoroughly inspected at times which depend 
upon the service conditions. Inspections shall be not less frequent than 
the following:
    (a) For constant or intermittent use at one locality, once every 6 
months,
    (b) For jacks sent out of shop for special work, when sent out and 
when returned,
    (c) For a jack subjected to abnormal load or shock, immediately 
before and immediately thereafter.
    (vii) Repair or replacement parts shall be examined for possible 
defects.
    (viii) Jacks which are out of order shall be tagged accordingly, and 
shall not be used until repairs are made.
    (b) Abrasive blast cleaning nozzles. The blast cleaning nozzles 
shall be equipped with an operating valve which must be held open 
manually. A support shall be provided on which the nozzle may be mounted 
when it is not in use.

[39 FR 23502, June 27, 1974, as amended at 49 FR 5323, Feb. 10, 1984]



                 Subpart Q_Welding, Cutting and Brazing

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of Labor's 
Orders Nos. 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), as applicable; and 29 CFR part 1911.

    Source: 55 FR 13696, Apr. 11, 1990, unless otherwise noted.



Sec.  1910.251  Definitions.

    As used in this subpart:
    (a) Welder and welding operator mean any operator of electric or gas 
welding and cutting equipment.
    (b) Approved means listed or approved by a nationally recognized 
testing laboratory. Refer to Sec.  1910.155(c)(3) for definitions of 
listed and approved, and Sec.  1910.7 for nationally recognized testing 
laboratory.

[55 FR 13696, Apr. 11, 1990, as amended at 61 FR 9240, Mar. 7, 1996; 72 
FR 71070, Dec. 14, 2007]



Sec.  1910.252  General requirements.

    (a) Fire prevention and protection--(1) Basic precautions. For 
elaboration of these basic precautions and of the special precautions of 
paragraph (a)(2) of this section as well as a delineation of the fire 
protection and prevention responsibilities of welders and cutters, their 
supervisors (including outside

[[Page 674]]

contractors) and those in management on whose property cutting and 
welding is to be performed, see Standard for Fire Prevention in Use of 
Cutting and Welding Processes, NFPA Standard 51B, 1962, which is 
incorporated by reference as specified in Sec.  1910.6. The basic 
precautions for fire prevention in welding or cutting work are:
    (i) Fire hazards. If the object to be welded or cut cannot readily 
be moved, all movable fire hazards in the vicinity shall be taken to a 
safe place.
    (ii) Guards. If the object to be welded or cut cannot be moved and 
if all the fire hazards cannot be removed, then guards shall be used to 
confine the heat, sparks, and slag, and to protect the immovable fire 
hazards.
    (iii) Restrictions. If the requirements stated in paragraphs 
(a)(1)(i) and (a)(1)(ii) of this section cannot be followed then welding 
and cutting shall not be performed.
    (2) Special precautions. When the nature of the work to be performed 
falls within the scope of paragraph (a)(1)(ii) of this section certain 
additional precautions may be necessary:
    (i) Combustible material. Wherever there are floor openings or 
cracks in the flooring that cannot be closed, precautions shall be taken 
so that no readily combustible materials on the floor below will be 
exposed to sparks which might drop through the floor. The same 
precautions shall be observed with regard to cracks or holes in walls, 
open doorways and open or broken windows.
    (ii) Fire extinquishers. Suitable fire extinguishing equipment shall 
be maintained in a state of readiness for instant use. Such equipment 
may consist of pails of water, buckets of sand, hose or portable 
extinguishers depending upon the nature and quantity of the combustible 
material exposed.
    (iii) Fire watch. (A) Fire watchers shall be required whenever 
welding or cutting is performed in locations where other than a minor 
fire might develop, or any of the following conditions exist:
    (1) Appreciable combustible material, in building construction or 
contents, closer than 35 feet (10.7 m) to the point of operation.
    (2) Appreciable combustibles are more than 35 feet (10.7 m) away but 
are easily ignited by sparks.
    (3) Wall or floor openings within a 35-foot (10.7 m) radius expose 
combustible material in adjacent areas including concealed spaces in 
walls or floors.
    (4) Combustible materials are adjacent to the opposite side of metal 
partitions, walls, ceilings, or roofs and are likely to be ignited by 
conduction or radiation.
    (B) Fire watchers shall have fire extinguishing equipment readily 
available and be trained in its use. They shall be familiar with 
facilities for sounding an alarm in the event of a fire. They shall 
watch for fires in all exposed areas, try to extinguish them only when 
obviously within the capacity of the equipment available, or otherwise 
sound the alarm. A fire watch shall be maintained for at least a half 
hour after completion of welding or cutting operations to detect and 
extinguish possible smoldering fires.
    (iv) Authorization. Before cutting or welding is permitted, the area 
shall be inspected by the individual responsible for authorizing cutting 
and welding operations. He shall designate precautions to be followed in 
granting authorization to proceed preferably in the form of a written 
permit.
    (v) Floors. Where combustible materials such as paper clippings, 
wood shavings, or textile fibers are on the floor, the floor shall be 
swept clean for a radius of 35 feet (10.7 m). Combustible floors shall 
be kept wet, covered with damp sand, or protected by fire-resistant 
shields. Where floors have been wet down, personnel operating arc 
welding or cutting equipment shall be protected from possible shock.
    (vi) Prohibited areas. Cutting or welding shall not be permitted in 
the following situations:
    (A) In areas not authorized by management.
    (B) In sprinklered buildings while such protection is impaired.
    (C) In the presence of explosive atmospheres (mixtures of flammable 
gases, vapors, liquids, or dusts with air), or explosive atmospheres 
that may develop inside uncleaned or improperly prepared tanks or 
equipment which have previously contained such

[[Page 675]]

materials, or that may develop in areas with an accumulation of 
combustible dusts.
    (D) In areas near the storage of large quantities of exposed, 
readily ignitible materials such as bulk sulfur, baled paper, or cotton.
    (vii) Relocation of combustibles. Where practicable, all 
combustibles shall be relocated at least 35 feet (10.7 m) from the work 
site. Where relocation is impracticable, combustibles shall be protected 
with flameproofed covers or otherwise shielded with metal or asbestos 
guards or curtains.
    (viii) Ducts. Ducts and conveyor systems that might carry sparks to 
distant combustibles shall be suitably protected or shut down.
    (ix) Combustible walls. Where cutting or welding is done near walls, 
partitions, ceiling or roof of combustible construction, fire-resistant 
shields or guards shall be provided to prevent ignition.
    (x) Noncombustible walls. If welding is to be done on a metal wall, 
partition, ceiling or roof, precautions shall be taken to prevent 
ignition of combustibles on the other side, due to conduction or 
radiation, preferably by relocating combustibles. Where combustibles are 
not relocated, a fire watch on the opposite side from the work shall be 
provided.
    (xi) Combustible cover. Welding shall not be attempted on a metal 
partition, wall, ceiling or roof having a combustible covering nor on 
walls or partitions of combustible sandwich-type panel construction.
    (xii) Pipes. Cutting or welding on pipes or other metal in contact 
with combustible walls, partitions, ceilings or roofs shall not be 
undertaken if the work is close enough to cause ignition by conduction.
    (xiii) Management. Management shall recognize its responsibility for 
the safe usage of cutting and welding equipment on its property and:
    (A) Based on fire potentials of plant facilities, establish areas 
for cutting and welding, and establish procedures for cutting and 
welding, in other areas.
    (B) Designate an individual responsible for authorizing cutting and 
welding operations in areas not specifically designed for such 
processes.
    (C) Insist that cutters or welders and their supervisors are 
suitably trained in the safe operation of their equipment and the safe 
use of the process.
    (D) Advise all contractors about flammable materials or hazardous 
conditions of which they may not be aware.
    (xiv) Supervisor. The Supervisor:
    (A) Shall be responsible for the safe handling of the cutting or 
welding equipment and the safe use of the cutting or welding process.
    (B) Shall determine the combustible materials and hazardous areas 
present or likely to be present in the work location.
    (C) Shall protect combustibles from ignition by the following:
    (1) Have the work moved to a location free from dangerous 
combustibles.
    (2) If the work cannot be moved, have the combustibles moved to a 
safe distance from the work or have the combustibles properly shielded 
against ignition.
    (3) See that cutting and welding are so scheduled that plant 
operations that might expose combustibles to ignition are not started 
during cutting or welding.
    (D) Shall secure authorization for the cutting or welding operations 
from the designated management representative.
    (E) Shall determine that the cutter or welder secures his approval 
that conditions are safe before going ahead.
    (F) Shall determine that fire protection and extinguishing equipment 
are properly located at the site.
    (G) Where fire watches are required, he shall see that they are 
available at the site.
    (xv) Fire prevention precautions. Cutting or welding shall be 
permitted only in areas that are or have been made fire safe. When work 
cannot be moved practically, as in most construction work, the area 
shall be made safe by removing combustibles or protecting combustibles 
from ignition sources.
    (3) Welding or cutting containers--(i) Used containers. No welding, 
cutting, or other hot work shall be performed on used drums, barrels, 
tanks or other containers until they have been

[[Page 676]]

cleaned so thoroughly as to make absolutely certain that there are no 
flammable materials present or any substances such as greases, tars, 
acids, or other materials which when subjected to heat, might produce 
flammable or toxic vapors. Any pipe lines or connections to the drum or 
vessel shall be disconnected or blanked.
    (ii) Venting and purging. All hollow spaces, cavities or containers 
shall be vented to permit the escape of air or gases before preheating, 
cutting or welding. Purging with inert gas is recommended.
    (4) Confined spaces--(i) Accidental contact. When arc welding is to 
be suspended for any substantial period of time, such as during lunch or 
overnight, all electrodes shall be removed from the holders and the 
holders carefully located so that accidental contact cannot occur and 
the machine be disconnected from the power source.
    (ii) Torch valve. In order to eliminate the possibility of gas 
escaping through leaks or improperly closed valves, when gas welding or 
cutting, the torch valves shall be closed and the gas supply to the 
torch positively shut off at some point outside the confined area 
whenever the torch is not to be used for a substantial period of time, 
such as during lunch hour or overnight. Where practicable, the torch and 
hose shall also be removed from the confined space.
    (b) Protection of personnel--(1) General--(i) Railing. A welder or 
helper working on platforms, scaffolds, or runways shall be protected 
against falling. This may be accomplished by the use of railings, safety 
belts, life lines, or some other equally effective safeguards.
    (ii) Welding cable. Welders shall place welding cable and other 
equipment so that it is clear of passageways, ladders, and stairways.
    (2) Eye protection--(i) Selection. (A) Helmets or hand shields shall 
be used during all arc welding or arc cutting operations, excluding 
submerged arc welding. Helpers or attendants shall be provided with 
proper eye protection.
    (B) Goggles or other suitable eye protection shall be used during 
all gas welding or oxygen cutting operations. Spectacles without side 
shields, with suitable filter lenses are permitted for use during gas 
welding operations on light work, for torch brazing or for inspection.
    (C) All operators and attendants of resistance welding or resistance 
brazing equipment shall use transparent face shields or goggles, 
depending on the particular job, to protect their faces or eyes, as 
required.
    (D) Eye protection in the form of suitable goggles shall be provided 
where needed for brazing operations not covered in paragraphs 
(b)(2)(i)(A) through (b)(2)(i)(C) of this section.
    (ii) Specifications for protectors. (A) Helmets and hand shields 
shall be made of a material which is an insulator for heat and 
electricity. Helmets, shields and goggles shall be not readily flammable 
and shall be capable of withstanding sterilization.
    (B) Helmets and hand shields shall be arranged to protect the face, 
neck and ears from direct radiant energy from the arc.
    (C) Helmets shall be provided with filter plates and cover plates 
designed for easy removal.
    (D) All parts shall be constructed of a material which will not 
readily corrode or discolor the skin.
    (E) Goggles shall be ventilated to prevent fogging of the lenses as 
much as practicable.
    (F) All glass for lenses shall be tempered, substantially free from 
striae, air bubbles, waves and other flaws. Except when a lens is ground 
to provide proper optical correction for defective vision, the front and 
rear surfaces of lenses and windows shall be smooth and parallel.
    (G) Lenses shall bear some permanent distinctive marking by which 
the source and shade may be readily identified.
    (H) The following is a guide for the selection of the proper shade 
numbers. These recommendations may be varied to suit the individual's 
needs.

------------------------------------------------------------------------
                                                                  Shade
                       Welding operation                           No.
------------------------------------------------------------------------
Shielded metal-arc welding--\1/16\-, \3/32\-, \1/8\-, \5/32\-         10
 inch electrodes...............................................
Gas-shielded arc welding (nonferrous)--\1/16\-, \3/32\-, \1/8\-       11
 , \5/32\-inch electrodes......................................
Gas-shielded arc welding (ferrous)--\1/16\-, \3/32\-, \1/8\-,         12
 \5/32\-inch electrodes........................................

[[Page 677]]

 
Shielded metal-arc welding:
    \3/16\-, \7/32\-, \1/4\-inch electrodes....................       12
    \5/16\-, \3/8\-inch electrodes.............................       14
Atomic hydrogen welding........................................    10-14
Carbon arc welding.............................................       14
Soldering......................................................        2
Torch brazing..................................................   3 or 4
Light cutting, up to 1 inch....................................   3 or 4
Medium cutting, 1 inch to 6 inches.............................   4 or 5
Heavy cutting, 6 inches and over...............................   5 or 6
Gas welding (light) up to \1/8\ inch...........................   4 or 5
Gas welding (medium) \1/8\ inch to \1/2\ inch..................   5 or 6
Gas welding (heavy) \1/2\ inch and over........................   6 or 8
------------------------------------------------------------------------
Note: In gas welding or oxygen cutting where the torch produces a high
  yellow light, it is desirable to use a filter or lens that absorbs the
  yellow or sodium line in the visible light of the operation.

    (I) Filter lenses must meet the test for transmission of radiant 
energy prescribed by any of the consensus standards listed in 29 CFR 
1910.133(b)(1).
    (iii) Protection from arc welding rays. Where the work permits, the 
welder should be enclosed in an individual booth painted with a finish 
of low reflectivity such as zinc oxide (an important factor for 
absorbing ultraviolet radiations) and lamp black, or shall be enclosed 
with noncombustible screens similarly painted. Booths and screens shall 
permit circulation of air at floor level. Workers or other persons 
adjacent to the welding areas shall be protected from the rays by 
noncombustible or flameproof screens or shields or shall be required to 
wear appropriate goggles.
    (3) Protective clothing--General requirements. Employees exposed to 
the hazards created by welding, cutting, or brazing operations shall be 
protected by personal protective equipment in accordance with the 
requirements of Sec.  1910.132 of this part. Appropriate protective 
clothing required for any welding operation will vary with the size, 
nature and location of the work to be performed.
    (4) Work in confined spaces--(i) General. As used herein confined 
space is intended to mean a relatively small or restricted space such as 
a tank, boiler, pressure vessel, or small compartment of a ship.
    (ii) Ventilation. Ventilation is a prerequisite to work in confined 
spaces. For ventilation requirements see paragraph (c) of this section.
    (iii) Securing cylinders and machinery. When welding or cutting is 
being performed in any confined spaces the gas cylinders and welding 
machines shall be left on the outside. Before operations are started, 
heavy portable equipment mounted on wheels shall be securely blocked to 
prevent accidental movement.
    (iv) Lifelines. Where a welder must enter a confined space through a 
manhole or other small opening, means shall be provided for quickly 
removing him in case of emergency. When safety belts and lifelines are 
used for this purpose they shall be so attached to the welder's body 
that his body cannot be jammed in a small exit opening. An attendant 
with a preplanned rescue procedure shall be stationed outside to observe 
the welder at all times and be capable of putting rescue operations into 
effect.
    (v) Electrode removal. When arc welding is to be suspended for any 
substantial period of time, such as during lunch or overnight, all 
electrodes shall be removed from the holders and the holders carefully 
located so that accidental contact cannot occur and the machine 
disconnected from the power source.
    (vi) Gas cylinder shutoff. In order to eliminate the possibility of 
gas escaping through leaks of improperly closed valves, when gas welding 
or cutting, the torch valves shall be closed and the fuel-gas and oxygen 
supply to the torch positively shut off at some point outside the 
confined area whenever the torch is not to be used for a substantial 
period of time, such as during lunch hour or overnight. Where 
practicable the torch and hose shall also be removed from the confined 
space.
    (vii) Warning sign. After welding operations are completed, the 
welder shall mark the hot metal or provide some other means of warning 
other workers.
    (c) Health protection and ventilation--(1) General--(i) 
Contamination. The requirements in this paragraph have been established 
on the basis of the following three factors in arc and gas welding which 
govern the amount of contamination to which welders may be exposed:
    (A) Dimensions of space in which welding is to be done (with special 
regard to height of ceiling).

[[Page 678]]

    (B) Number of welders.
    (C) Possible evolution of hazardous fumes, gases, or dust according 
to the metals involved.
    (ii) Screens. When welding must be performed in a space entirely 
screened on all sides, the screens shall be so arranged that no serious 
restriction of ventilation exists. It is desirable to have the screens 
so mounted that they are about 2 feet (0.61 m) above the floor unless 
the work is performed at so low a level that the screen must be extended 
nearer to the floor to protect nearby workers from the glare of welding.
    (iii) Maximum allowable concentration. Local exhaust or general 
ventilating systems shall be provided and arranged to keep the amount of 
toxic fumes, gases, or dusts below the maximum allowable concentration 
as specified in Sec.  1910.1000 of this part.
    (iv) Hazard communication. The employer shall include the 
potentially hazardous materials employed in fluxes, coatings, coverings, 
and filler metals, all of which are potentially used in welding and 
cutting, or are released to the atmosphere during welding and cutting, 
in the program established to comply with the Hazard Communication 
Standard (HCS) (Sec.  1910.1200). The employer shall ensure that each 
employee has access to labels on containers of such materials and safety 
data sheets, and is trained in accordance with the provisions of Sec.  
1910.1200. Potentially hazardous materials shall include but not be 
limited to the materials itemized in paragraphs (c)(5) through (c)(12) 
of this section.
    (v) Additional considerations for hazard communication in welding, 
cutting, and brazing. (A) The suppliers shall determine and shall label 
in accordance with Sec.  1910.1200 any hazards associated with the use 
of their materials in welding, cutting, and brazing.
    (B) In addition to any requirements imposed by Sec.  1910.1200, all 
filler metals and fusible granular materials shall carry the following 
notice, as a minimum, on tags, boxes, or other containers:

    Do not use in areas without adequate ventilation. See ANSI Z49.1-
1967 Safety in Welding, Cutting, and Allied Processes published by the 
American Welding Society.

    (C) Where brazing (welding) filler metals contain cadmium in 
significant amounts, the labels shall indicate the hazards associated 
with cadmium including cancer, lung and kidney effects, and acute 
toxicity effects.
    (D) Where brazing and gas welding fluxes contain fluorine compounds, 
the labels shall indicate the hazards associated with fluorine compounds 
including eye and respiratory tract effects.
    (vi) Prior to June 1, 2015, employers may include the following 
information on labels in lieu of the labeling requirements in paragraph 
(c)(1)(v) of this section:
    (A) All filler metals and fusible granular materials shall carry the 
following notice, as a minimum, on tags, boxes, or other containers:

CAUTION

    Welding may produce fumes and gases hazardous to health. Avoid 
breathing these fumes and gases. Use adequate ventilation. See ANSI 
Z49.1-1967 Safety in Welding and Cutting published by the American 
Welding Society.
    (B) Brazing (welding) filler metals containing cadmium in 
significant amounts shall carry the following notice on tags, boxes, or 
other containers:

WARNING
CONTAINS CADMIUM--POISONOUS FUMES MAY BE FORMED ON HEATING

    Do not breathe fumes. Use only with adequate ventilation such as 
fume collectors, exhaust ventilators, or air-supplied respirators. See 
ANSI Z49.1-1967. If chest pain, cough, or fever develops after use call 
physician immediately.
    (C) Brazing and gas welding fluxes containing fluorine compounds 
shall have a cautionary wording to indicate that they contain fluorine 
compounds. One such cautionary wording recommended by the American 
Welding Society for brazing and gas welding fluxes reads as follows:

CAUTION
CONTAINS FLUORIDES

    This flux when heated gives off fumes that may irritate eyes, nose 
and throat.
    1. Avoid fumes--use only in well-ventilated spaces.

[[Page 679]]

    2. Avoid contact of flux with eyes or skin.
    3. Do not take internally.
    (2) Ventilation for general welding and cutting--(i) General. 
Mechanical ventilation shall be provided when welding or cutting is done 
on metals not covered in paragraphs (c)(5) through (c)(12) of this 
section. (For specific materials, see the ventilation requirements of 
paragraphs (c)(5) through (c)(12) of this section.)
    (A) In a space of less than 10,000 cubic feet (284 m \3\) per 
welder.
    (B) In a room having a ceiling height of less than 16 feet (5 m).
    (C) In confined spaces or where the welding space contains 
partitions, balconies, or other structural barriers to the extent that 
they significantly obstruct cross ventilation.
    (ii) Minimum rate. Such ventilation shall be at the minimum rate of 
2,000 cubic feet (57 m\3\) per minute per welder, except where local 
exhaust hoods and booths as per paragraph (c)(3) of this section, or 
airline respirators approved by the Mine Safety and Health 
Administration and the National Institute for Occupational Safety and 
Health, pursuant to the provisions of 30 CFR part 11, are provided. 
Natural ventilation is considered sufficient for welding or cutting 
operations where the restrictions in paragraph (c)(2)(i) of this section 
are not present.
    (3) Local exhaust hoods and booths. Mechanical local exhaust 
ventilation may be by means of either of the following:
    (i) Hoods. Freely movable hoods intended to be placed by the welder 
as near as practicable to the work being welded and provided with a rate 
of air-flow sufficient to maintain a velocity in the direction of the 
hood of 100 linear feet (30 m) per minute in the zone of welding when 
the hood is at its most remote distance from the point of welding. The 
rates of ventilation required to accomplish this control velocity using 
a 3-inch (7.6 cm) wide flanged suction opening are shown in the 
following table:

------------------------------------------------------------------------
                                                Minimum air
                                                  flow \1\       Duct
                 Welding zone                   cubic feet/   diameter,
                                                   minute     inches \2\
------------------------------------------------------------------------
4 to 6 inches from arc or torch...............          150            3
6 to 8 inches from arc or torch...............          275       3\1/2\
8 to 10 inches from arc or torch..............          425       4\1/2\
10 to 12 inches from arc or torch.............          600       5\1/2\
------------------------------------------------------------------------
\1\ When brazing with cadmium bearing materials or when cutting on such
  materials increased rates of ventilation may be required.
\2\ Nearest half-inch duct diameter based on 4,000 feet per minute
  velocity in pipe.

    (ii) Fixed enclosure. A fixed enclosure with a top and not less than 
two sides which surround the welding or cutting operations and with a 
rate of airflow sufficient to maintain a velocity away from the welder 
of not less than 100 linear feet (30 m) per minute.
    (4) Ventilation in confined spaces--(i) Air replacement. All welding 
and cutting operations carried on in confined spaces shall be adequately 
ventilated to prevent the accumulation of toxic materials or possible 
oxygen deficiency. This applies not only to the welder but also to 
helpers and other personnel in the immediate vicinity. All air replacing 
that withdrawn shall be clean and respirable.
    (ii) Airline respirators. In circumstances for which it is 
impossible to provide such ventilation, airline respirators or hose 
masks approved for this purpose by the National Institute for 
Occupational Safety and Health (NIOSH) under 42 CFR part 84 must be 
used.
    (iii) Self-contained units. In areas immediately hazardous to life, 
a full-facepiece, pressure-demand, self-contained breathing apparatus or 
a combination full-facepiece, pressure-demand supplied-air respirator 
with an auxiliary, self-contained air supply approved by NIOSH under 42 
CFR part 84 must be used.
    (iv) Outside helper. Where welding operations are carried on in 
confined spaces and where welders and helpers are provided with hose 
masks, hose masks with blowers or self-contained breathing equipment 
approved by the Mine Safety and Health Administration and the National 
Institute for Occupational Safety and Health, a worker shall be 
stationed on the outside of such confined spaces to insure the safety of 
those working within.
    (v) Oxygen for ventilation. Oxygen shall never be used for 
ventilation.

[[Page 680]]

    (5) Fluorine compounds--(i) General. In confined spaces, welding or 
cutting involving fluxes, coverings, or other materials which contain 
fluorine compounds shall be done in accordance with paragraph (c)(4) of 
this section. A fluorine compound is one that contains fluorine, as an 
element in chemical combination, not as a free gas.
    (ii) Maximum allowable concentration. The need for local exhaust 
ventilation or airline respirators for welding or cutting in other than 
confined spaces will depend upon the individual circumstances. However, 
experience has shown such protection to be desirable for fixed-location 
production welding and for all production welding on stainless steels. 
Where air samples taken at the welding location indicate that the 
fluorides liberated are below the maximum allowable concentration, such 
protection is not necessary.
    (6) Zinc--(i) Confined spaces. In confined spaces welding or cutting 
involving zinc-bearing base or filler metals or metals coated with zinc-
bearing materials shall be done in accordance with paragraph (c)(4) of 
this section.
    (ii) Indoors. Indoors, welding or cutting involving zinc-bearing 
base or filler metals coated with zinc-bearing materials shall be done 
in accordance with paragraph (c)(3) of this section.
    (7) Lead--(i) Confined spaces. In confined spaces, welding involving 
lead-base metals (erroneously called lead-burning) shall be done in 
accordance with paragraph (c)(4) of this section.
    (ii) Indoors. Indoors, welding involving lead-base metals shall be 
done in accordance with paragraph (c)(3) of this section.
    (iii) Local ventilation. In confined spaces or indoors, welding or 
cutting operations involving metals containing lead, other than as an 
impurity, or metals coated with lead-bearing materials, including paint, 
must be done using local exhaust ventilation or airline respirators. 
Such operations, when done outdoors, must be done using respirators 
approved for this purpose by NIOSH under 42 CFR part 84. In all cases, 
workers in the immediate vicinity of the cutting operation must be 
protected by local exhaust ventilation or airline respirators.
    (8) Beryllium. Welding or cutting indoors, outdoors, or in confined 
spaces involving beryllium-containing base or filler metals shall be 
done using local exhaust ventilation and airline respirators unless 
atmospheric tests under the most adverse conditions have established 
that the workers' exposure is within the acceptable concentrations 
defined by Sec.  1910.1000 of this part. In all cases, workers in the 
immediate vicinity of the welding or cutting operations shall be 
protected as necessary by local exhaust ventilation or airline 
respirators.
    (9) Cadmium--(i) General. In confined spaces or indoors, welding or 
cutting operations involving cadmium-bearing or cadmium-coated base 
metals must be done using local exhaust ventilation or airline 
respirators unless atmospheric tests under the most adverse conditions 
show that employee exposure is within the acceptable concentrations 
specified by 29 CFR 1910.1000. Such operations, when done outdoors, must 
be done using respirators, such as fume respirators, approved for this 
purpose by NIOSH under 42 CFR part 84.
    (ii) Confined space. Welding (brazing) involving cadmium-bearing 
filler metals shall be done using ventilation as prescribed in paragraph 
(c)(3) or (c)(4) of this section if the work is to be done in a confined 
space.
    (10) Mercury. In confined spaces or indoors, welding or cutting 
operations involving metals coated with mercury-bearing materials, 
including paint, must be done using local exhaust ventilation or airline 
respirators unless atmospheric tests under the most adverse conditions 
show that employee exposure is within the acceptable concentrations 
specified by 29 CFR 1910.1000. Such operations, when done outdoors, must 
be done using respirators approved for this purpose by NIOSH under 42 
CFR part 84.
    (11) Cleaning compounds--(i) Manufacturer's instructions. In the use 
of cleaning materials, because of their possible toxicity or 
flammability, appropriate precautions such as manufacturers instructions 
shall be followed.
    (ii) Degreasing. Degreasing and other cleaning operations involving 
chlorinated hydrocarbons shall be so

[[Page 681]]

located that no vapors from these operations will reach or be drawn into 
the atmosphere surrounding any welding operation. In addition, 
trichloroethylene and perchlorethylene should be kept out of atmospheres 
penetrated by the ultraviolet radiation of gas-shielded welding 
operations.
    (12) Cutting of stainless steels. Oxygen cutting, using either a 
chemical flux or iron powder or gas-shielded arc cutting of stainless 
steel, shall be done using mechanical ventilation adequate to remove the 
fumes generated.
    (13) First-aid equipment. First-aid equipment shall be available at 
all times. All injuries shall be reported as soon as possible for 
medical attention. First aid shall be rendered until medical attention 
can be provided.
    (d) Industrial applications--(1) Transmission pipeline--(i) General. 
The requirements of paragraphs (b) and (c) of this section and Sec.  
1910.254 of this part shall be observed.
    (ii) Field shop operations. Where field shop operations are involved 
for fabrication of fittings, river crossings, road crossings, and 
pumping and compressor stations the requirements of paragraphs (a), (b), 
and (c) of this section and Sec. Sec.  1910.253 and 1910.254 of this 
part shall be observed.
    (iii) Electric shock. When arc welding is performed in wet 
conditions, or under conditions of high humidity, special protection 
against electric shock shall be supplied.
    (iv) Pressure testing. In pressure testing of pipelines, the workers 
and the public shall be protected against injury by the blowing out of 
closures or other pressure restraining devices. Also, protection shall 
be provided against expulsion of loose dirt that may have become trapped 
in the pipe.
    (v) Construction standards. The welded construction of transmission 
pipelines shall be conducted in accordance with the Standard for Welding 
Pipe Lines and Related Facilities, API Std. 1104--1968, which is 
incorporated by reference as specified in Sec.  1910.6.
    (vi) Flammable substance lines. The connection, by welding, of 
branches to pipelines carrying flammable substances shall be performed 
in accordance with Welding or Hot Tapping on Equipment Containing 
Flammables, API Std. PSD No. 2201--1963, which is incorporated by 
reference as specified in Sec.  1910.6.
    (vii) X-ray inspection. The use of X-rays and radioactive isotopes 
for the inspection of welded pipeline joints shall be carried out in 
conformance with the American National Standard Safety Standard for Non-
Medical X-ray and Sealed Gamma-Ray Sources, ANSI Z54.1--1963, which is 
incorporated by reference as specified in Sec.  1910.6.
    (2) Mechanical piping systems--(i) General. The requirements of 
paragraphs (a), (b), and (c) of this section and Sec. Sec.  1910.253 and 
1910.254 of this part shall be observed.
    (ii) X-ray inspection. The use of X-rays and radioactive isotopes 
for the inspection of welded piping joints shall be in conformance with 
the American National Standard Safety Standard for Non-Medical X-ray and 
Sealed Gamma-Ray Sources, ANSI Z54.1--1963.

[55 FR 13696, Apr. 11, 1990, as amended at 61 FR 9240, Mar. 7, 1996; 63 
FR 1284, Jan. 8, 1998; 74 FR 46357, Sept. 9, 2009; 77 FR 17777, Mar. 26, 
2012]



Sec.  1910.253  Oxygen-fuel gas welding and cutting.

    (a) General requirements--(1) Flammable mixture. Mixtures of fuel 
gases and air or oxygen may be explosive and shall be guarded against. 
No device or attachment facilitating or permitting mixtures of air or 
oxygen with flammable gases prior to consumption, except at the burner 
or in a standard torch, shall be allowed unless approved for the 
purpose.
    (2) Maximum pressure. Under no condition shall acetylene be 
generated, piped (except in approved cylinder manifolds) or utilized at 
a pressure in excess of 15 psig (103 kPa gauge pressure) or 30 psia (206 
kPa absolute). The 30 psia (206 kPa absolute) limit is intended to 
prevent unsafe use of acetylene in pressurized chambers such as 
caissons, underground excavations or tunnel construction.) This 
requirement is not intended to apply to storage of acetylene dissolved 
in a suitable solvent in cylinders manufactured and maintained according 
to U.S. Department of Transportation requirements, or to acetylene for 
chemical use. The

[[Page 682]]

use of liquid acetylene shall be prohibited.
    (3) Apparatus. Only approved apparatus such as torches, regulators 
or pressure-reducing valves, acetylene generators, and manifolds shall 
be used.
    (4) Personnel. Workmen in charge of the oxygen or fuel-gas supply 
equipment, including generators, and oxygen or fuel-gas distribution 
piping systems shall be instructed and judged competent by their 
employers for this important work before being left in charge. Rules and 
instructions covering the operation and maintenance of oxygen or fuel-
gas supply equipment including generators, and oxygen or fuel-gas 
distribution piping systems shall be readily available.
    (b) Cylinders and containers--(1) Approval and marking. (i) All 
portable cylinders used for the storage and shipment of compressed gases 
shall be constructed and maintained in accordance with the regulations 
of the U.S. Department of Transportation, 49 CFR parts 171-179.
    (ii) Compressed gas cylinders shall be legibly marked, for the 
purpose of identifying the gas content, with either the chemical or the 
trade name of the gas. Such marking shall be by means of stenciling, 
stamping, or labeling, and shall not be readily removable. Whenever 
practical, the marking shall be located on the shoulder of the cylinder.
    (iii) Compressed gas cylinders shall be equipped with connections 
complying with the American National Standard Compressed Gas Cylinder 
Valve Outlet and Inlet Connections, ANSI B57.1--1965, which is 
incorporated by reference as specified in Sec.  1910.6.
    (iv) All cylinders with a water weight capacity of over 30 pounds 
(13.6 kg) shall be equipped with means of connecting a valve protection 
cap or with a collar or recess to protect the valve.
    (2) Storage of cylinders--general. (i) Cylinders shall be kept away 
from radiators and other sources of heat.
    (ii) Inside of buildings, cylinders shall be stored in a well-
protected, well-ventilated, dry location, at least 20 feet (6.1 m) from 
highly combustible materials such as oil or excelsior. Cylinders should 
be stored in definitely assigned places away from elevators, stairs, or 
gangways. Assigned storage spaces shall be located where cylinders will 
not be knocked over or damaged by passing or falling objects, or subject 
to tampering by unauthorized persons. Cylinders shall not be kept in 
unventilated enclosures such as lockers and cupboards.
    (iii) Empty cylinders shall have their valves closed.
    (iv) Valve protection caps, where cylinder is designed to accept a 
cap, shall always be in place, hand-tight, except when cylinders are in 
use or connected for use.
    (3) Fuel-gas cylinder storage. Inside a building, cylinders, except 
those in actual use or attached ready for use, shall be limited to a 
total gas capacity of 2,000 cubic feet (56 m\3\) or 300 pounds (135.9 
kg) of liquefied petroleum gas.
    (i) For storage in excess of 2,000 cubic feet (56 m\3\) total gas 
capacity of cylinders or 300 (135.9 kg) pounds of liquefied petroleum 
gas, a separate room or compartment conforming to the requirements 
specified in paragraphs (f)(6)(i)(H) and (f)(6)(i)(I) of this section 
shall be provided, or cylinders shall be kept outside or in a special 
building. Special buildings, rooms or compartments shall have no open 
flame for heating or lighting and shall be well ventilated. They may 
also be used for storage of calcium carbide in quantities not to exceed 
600 (271.8 kg) pounds, when contained in metal containers complying with 
paragraphs (g)(1)(i) and (g)(1)(ii) of this section.
    (ii) Acetylene cylinders shall be stored valve end up.
    (4) Oxygen storage. (i) Oxygen cylinders shall not be stored near 
highly combustible material, especially oil and grease; or near reserve 
stocks of carbide and acetylene or other fuel-gas cylinders, or near any 
other substance likely to cause or accelerate fire; or in an acetylene 
generator compartment.
    (ii) Oxygen cylinders stored in outside generator houses shall be 
separated from the generator or carbide storage rooms by a 
noncombustible partition having a fire-resistance rating of at least 1 
hour. This partition shall be without openings and shall be gastight.
    (iii) Oxygen cylinders in storage shall be separated from fuel-gas 
cylinders or

[[Page 683]]

combustible materials (especially oil or grease), a minimum distance of 
20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) 
high having a fire-resistance rating of at least one-half hour.
    (iv) Where a liquid oxygen system is to be used to supply gaseous 
oxygen for welding or cutting and the system has a storage capacity of 
more than 13,000 cubic feet (364 m\3\) of oxygen (measured at 14.7 psia 
(101 kPa) and 70 [deg]F (21.1 [deg]C)), connected in service or ready 
for service, or more than 25,000 cubic feet (700 m\3\) of oxygen 
(measured at 14.7 psia (101 kPa) and 70 [deg]F (21.1 [deg]C)), including 
unconnected reserves on hand at the site, it shall comply with the 
provisions of the Standard for Bulk Oxygen Systems at Consumer Sites, 
NFPA No. 566--1965, which is incorporated by reference as specified in 
Sec.  1910.6.
    (5) Operating procedures. (i) Cylinders, cylinder valves, couplings, 
regulators, hose, and apparatus shall be kept free from oily or greasy 
substances. Oxygen cylinders or apparatus shall not be handled with oily 
hands or gloves. A jet of oxygen must never be permitted to strike an 
oily surface, greasy clothes, or enter a fuel oil or other storage tank.
    (ii)(A) When transporting cylinders by a crane or derrick, a cradle, 
boat, or suitable platform shall be used. Slings or electric magnets 
shall not be used for this purpose. Valve-protection caps, where 
cylinder is designed to accept a cap, shall always be in place.
    (B) Cylinders shall not be dropped or struck or permitted to strike 
each other violently.
    (C) Valve-protection caps shall not be used for lifting cylinders 
from one vertical position to another. Bars shall not be used under 
valves or valve-protection caps to pry cylinders loose when frozen to 
the ground or otherwise fixed; the use of warm (not boiling) water is 
recommended. Valve-protection caps are designed to protect cylinder 
valves from damage.
    (D) Unless cylinders are secured on a special truck, regulators 
shall be removed and valve-protection caps, when provided for, shall be 
put in place before cylinders are moved.
    (E) Cylinders not having fixed hand wheels shall have keys, handles, 
or nonadjustable wrenches on valve stems while these cylinders are in 
service. In multiple cylinder installations only one key or handle is 
required for each manifold.
    (F) Cylinder valves shall be closed before moving cylinders.
    (G) Cylinder valves shall be closed when work is finished.
    (H) Valves of empty cylinders shall be closed.
    (I) Cylinders shall be kept far enough away from the actual welding 
or cutting operation so that sparks, hot slag, or flame will not reach 
them, or fire-resistant shields shall be provided.
    (J) Cylinders shall not be placed where they might become part of an 
electric circuit. Contacts with third rails, trolley wires, etc., shall 
be avoided. Cylinders shall be kept away from radiators, piping systems, 
layout tables, etc., that may be used for grounding electric circuits 
such as for arc welding machines. Any practice such as the tapping of an 
electrode against a cylinder to strike an arc shall be prohibited.
    (K) Cylinders shall never be used as rollers or supports, whether 
full or empty.
    (L) The numbers and markings stamped into cylinders shall not be 
tampered with.
    (M) No person, other than the gas supplier, shall attempt to mix 
gases in a cylinder. No one, except the owner of the cylinder or person 
authorized by him, shall refill a cylinder.
    (N) No one shall tamper with safety devices in cylinders or valves.
    (O) Cylinders shall not be dropped or otherwise roughly handled.
    (P) Unless connected to a manifold, oxygen from a cylinder shall not 
be used without first attaching an oxygen regulator to the cylinder 
valve. Before connecting the regulator to the cylinder valve, the valve 
shall be opened slightly for an instant and then closed. Always stand to 
one side of the outlet when opening the cylinder valve.
    (Q) A hammer or wrench shall not be used to open cylinder valves. If 
valves cannot be opened by hand, the supplier shall be notified.

[[Page 684]]

    (R)(1) Cylinder valves shall not be tampered with nor should any 
attempt be made to repair them. If trouble is experienced, the supplier 
should be sent a report promptly indicating the character of the trouble 
and the cylinder's serial number. Supplier's instructions as to its 
disposition shall be followed.
    (2) Complete removal of the stem from a diaphragm-type cylinder 
valve shall be avoided.
    (iii)(A) Fuel-gas cylinders shall be placed with valve end up 
whenever they are in use. Liquefied gases shall be stored and shipped 
with the valve end up.
    (B) Cylinders shall be handled carefully. Rough handling, knocks, or 
falls are liable to damage the cylinder, valve or safety devices and 
cause leakage.
    (C) Before connecting a regulator to a cylinder valve, the valve 
shall be opened slightly and closed immediately. The valve shall be 
opened while standing to one side of the outlet; never in front of it. 
Never crack a fuel-gas cylinder valve near other welding work or near 
sparks, flame, or other possible sources of ignition.
    (D) Before a regulator is removed from a cylinder valve, the 
cylinder valve shall be closed and the gas released from the regulator.
    (E) Nothing shall be placed on top of an acetylene cylinder when in 
use which may damage the safety device or interfere with the quick 
closing of the valve.
    (F) If cylinders are found to have leaky valves or fittings which 
cannot be stopped by closing of the valve, the cylinders shall be taken 
outdoors away from sources of ignition and slowly emptied.
    (G) A warning should be placed near cylinders having leaking fuse 
plugs or other leaking safety devices not to approach them with a 
lighted cigarette or other source of ignition. Such cylinders should be 
plainly tagged; the supplier should be promptly notified and his 
instructions followed as to their return.
    (H) Safety devices shall not be tampered with.
    (I) Fuel-gas shall never be used from cylinders through torches or 
other devices equipped with shutoff valves without reducing the pressure 
through a suitable regulator attached to the cylinder valve or manifold.
    (J) The cylinder valve shall always be opened slowly.
    (K) An acetylene cylinder valve shall not be opened more than one 
and one-half turns of the spindle, and preferably no more than three-
fourths of a turn.
    (L) Where a special wrench is required it shall be left in position 
on the stem of the valve while the cylinder is in use so that the fuel-
gas flow can be quickly turned off in case of emergency. In the case of 
manifolded or coupled cylinders at least one such wrench shall always be 
available for immediate use.
    (c) Manifolding of cylinders--(1) Fuel-gas manifolds. (i) Manifolds 
shall be approved either separately for each component part or as an 
assembled unit.
    (ii) Except as provided in paragraph (c)(1)(iii) of this section 
fuel-gas cylinders connected to one manifold inside a building shall be 
limited to a total capacity not exceeding 300 pounds (135.9 kg) of 
liquefied petroleum gas or 3,000 cubic feet (84 m \3\) of other fuel-
gas. More than one such manifold with connected cylinders may be located 
in the same room provided the manifolds are at least 50 feet (15 m) 
apart or separated by a noncombustible barrier at least 5 feet (1.5 m) 
high having a fire-resistance rating of at least one-half hour.
    (iii) Fuel-gas cylinders connected to one manifold having an 
aggregate capacity exceeding 300 pounds (135.9 kg) of liquefied 
petroleum gas or 3,000 cubic feet (84 m \3\) of other fuel-gas shall be 
located outdoors, or in a separate building or room constructed in 
accordance with paragraphs (f)(6)(i)(H) and (f)(6)(i)(I) of this 
section.
    (iv) Separate manifold buildings or rooms may also be used for the 
storage of drums of calcium carbide and cylinders containing fuel gases 
as provided in paragraph (b)(3) of this section. Such buildings or rooms 
shall have no open flames for heating or lighting and shall be well-
ventilated.
    (v) High-pressure fuel-gas manifolds shall be provided with approved 
pressure regulating devices.

[[Page 685]]

    (2) High-pressure oxygen manifolds (for use with cylinders having a 
Department of Transportation service pressure above 200 psig (1.36 
MPa)). (i) Manifolds shall be approved either separately for each 
component part or as an assembled unit.
    (ii) Oxygen manifolds shall not be located in an acetylene generator 
room. Oxygen manifolds shall be separated from fuel-gas cylinders or 
combustible materials (especially oil or grease), a minimum distance of 
20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) 
high having a fire-resistance rating of at least one-half hour.
    (iii) Except as provided in paragraph (c)(2)(iv) of this section, 
oxygen cylinders connected to one manifold shall be limited to a total 
gas capacity of 6,000 cubic feet (168 m \3\). More than one such 
manifold with connected cylinders may be located in the same room 
provided the manifolds are at least 50 feet (15 m) apart or separated by 
a noncombustible barrier at least 5 feet (1.5 m) high having a fire-
resistance rating of at least one-half hour.
    (iv) An oxygen manifold, to which cylinders having an aggregate 
capacity of more than 6,000 cubic feet (168 m \3\) of oxygen are 
connected, should be located outdoors or in a separate noncombustible 
building. Such a manifold, if located inside a building having other 
occupancy, shall be located in a separate room of noncombustible 
construction having a fire-resistance rating of at least one-half hour 
or in an area with no combustible material within 20 feet (6.1 m) of the 
manifold.
    (v) An oxygen manifold or oxygen bulk supply system which has 
storage capacity of more than 13,000 cubic feet (364 m \3\) of oxygen 
(measured at 14.7 psia (101 kPa) and 70 [deg]F (21.1 [deg]C)), connected 
in service or ready for service, or more than 25,000 cubic feet (700 m 
\3\) of oxygen (measured at 14.7 psia (101 kPa) and 70 [deg]F (21.1 
[deg]C)), including unconnected reserves on hand at the site, shall 
comply with the provisions of the Standard for Bulk Oxygen Systems at 
Consumer Sites, NFPA No. 566-1965.
    (vi) High-pressure oxygen manifolds shall be provided with approved 
pressure-regulating devices.
    (3) Low-pressure oxygen manifolds (for use with cylinders having a 
Department of Transportation service pressure not exceeding 200 psig 
(1.36 MPa)). (i) Manifolds shall be of substantial construction suitable 
for use with oxygen at a pressure of 250 psig (1.7 MPa). They shall have 
a minimum bursting pressure of 1,000 psig (6.8 MPa) and shall be 
protected by a safety relief device which will relieve at a maximum 
pressure of 500 psig (3.4 MPa). DOT-4L200 cylinders have safety devices 
which relieve at a maximum pressure of 250 psig (1.7 MPa) (or 235 psig 
(1.6 MPa) if vacuum insulation is used).
    (ii) Hose and hose connections subject to cylinder pressure shall 
comply with paragraph (e)(5) of this section. Hose shall have a minimum 
bursting pressure of 1,000 psig (6.8 MPa).
    (iii) The assembled manifold including leads shall be tested and 
proven gas-tight at a pressure of 300 psig (2.04 MPa). The fluid used 
for testing oxygen manifolds shall be oil-free and not combustible.
    (iv) The location of manifolds shall comply with paragraphs 
(c)(2)(ii), (c)(2)(iii), (c)(2)(iv), and (c)(2)(v) of this section.
    (v) The following sign shall be conspicuously posted at each 
manifold:

                          Low-Pressure Manifold

                 Do Not Connect High-Pressure Cylinders

                  Maximum Pressure--250 psig (1.7 MPa)

    (4) Portable outlet headers. (i) Portable outlet headers shall not 
be used indoors except for temporary service where the conditions 
preclude a direct supply from outlets located on the service piping 
system.
    (ii) Each outlet on the service piping from which oxygen or fuel-gas 
is withdrawn to supply a portable outlet header shall be equipped with a 
readily accessible shutoff valve.
    (iii) Hose and hose connections used for connecting the portable 
outlet header to the service piping shall comply with paragraph (e)(5) 
of this section.
    (iv) Master shutoff valves for both oxygen and fuel-gas shall be 
provided at the entry end of the portable outlet header.

[[Page 686]]

    (v) Portable outlet headers for fuel-gas service shall be provided 
with an approved hydraulic back-pressure valve installed at the inlet 
and preceding the service outlets, unless an approved pressure-reducing 
regulator, an approved back-flow check valve, or an approved hydraulic 
back-pressure valve is installed at each outlet. Outlets provided on 
headers for oxygen service may be fitted for use with pressure-reducing 
regulators or for direct hose connection.
    (vi) Each service outlet on portable outlet headers shall be 
provided with a valve assembly that includes a detachable outlet seal 
cap, chained or otherwise attached to the body of the valve.
    (vii) Materials and fabrication procedures for portable outlet 
headers shall comply with paragraphs (d)(1), (d)(2), and (d)(5) of this 
section.
    (viii) Portable outlet headers shall be provided with frames which 
will support the equipment securely in the correct operating position 
and protect them from damage during handling and operation.
    (5) Manifold operation procedures. (i) Cylinder manifolds shall be 
installed under the supervision of someone familiar with the proper 
practices with reference to their construction and use.
    (ii) All manifolds and parts used in methods of manifolding shall be 
used only for the gas or gases for which they are approved.
    (iii) When acetylene cylinders are coupled, approved flash arresters 
shall be installed between each cylinder and the coupler block. For 
outdoor use only, and when the number of cylinders coupled does not 
exceed three, one flash arrester installed between the coupler block and 
regulator is acceptable.
    (iv) The aggregate capacity of fuel-gas cylinders connected to a 
portable manifold inside a building shall not exceed 3,000 cubic feet 
(84 m \3\) of gas.
    (v) Acetylene and liquefied fuel-gas cylinders shall be manifolded 
in a vertical position.
    (vi) The pressure in the gas cylinders connected to and discharged 
simultaneously through a common manifold shall be approximately equal.
    (d) Service piping systems--(1) Materials and design. (i)(A) Piping 
and fittings shall comply with section 2, Industrial Gas and Air Piping 
Systems, of the American National Standard Code for Pressure Piping ANSI 
B31.1, 1967, which is incorporated by reference as specified in Sec.  
1910.6, insofar as it does not conflict with paragraphs (d)(1)(i)(A)(1) 
and (d)(1)(i)(A)(2) of this section:
    (1) Pipe shall be at least Schedule 40 and fittings shall be at 
least standard weight in sizes up to and including 6-inch nominal.
    (2) Copper tubing shall be Types K or L in accordance with the 
Standard Specification for Seamless Copper Water Tube, ASTM B88-66a, 
which is incorporated by reference as specified in Sec.  1910.6.
    (B) Piping shall be steel, wrought iron, brass or copper pipe, or 
seamless copper, brass or stainless steel tubing, except as provided in 
paragraphs (d)(1)(ii) and (d)(1)(iii) of this section.
    (ii)(A) Oxygen piping and fittings at pressures in excess of 700 psi 
(4.8 MPa), shall be stainless steel or copper alloys.
    (B) Hose connections and hose complying with paragraph (e)(5) of 
this section may be used to connect the outlet of a manifold pressure 
regulator to piping providing the working pressure of the piping is 250 
psi (1.7 MPa) or less and the length of the hose does not exceed 5 feet 
(1.5 m). Hose shall have a minimum bursting pressure of 1,000 psig (6.8 
MPa).
    (C) When oxygen is supplied to a service piping system from a low-
pressure oxygen manifold without an intervening pressure regulating 
device, the piping system shall have a minimum design pressure of 250 
psig (1.7 MPa). A pressure regulating device shall be used at each 
station outlet when the connected equipment is for use at pressures less 
than 250 psig (1.7 MPa).
    (iii)(A) Piping for acetylene or acetylenic compounds shall be steel 
or wrought iron.
    (B) Unalloyed copper shall not be used for acetylene or acetylenic 
compounds except in listed equipment.
    (2) Piping joints. (i) Joints in steel or wrought iron piping shall 
be welded, threaded or flanged. Fittings, such as ells, tees, couplings, 
and unions, may be rolled, forged or cast steel, malleable iron or 
nodular iron. Gray or white cast iron fittings are prohibited.

[[Page 687]]

    (ii) Joints in brass or copper pipe shall be welded, brazed, 
threaded, or flanged. If of the socket type, they shall be brazed with 
silver-brazing alloy or similar high melting point (not less than 800 
[deg]F (427 [deg]C)) filler metal.
    (iii) Joints in seamless copper, brass, or stainless steel tubing 
shall be approved gas tubing fittings or the joints shall be brazed. If 
of the socket type, they shall be brazed with silver-brazing alloy or 
similar high melting point (not less than 800 [deg]F (427 [deg]C)) 
filler metal.
    (3) Installation. (i) Distribution lines shall be installed and 
maintained in a safe operating condition.
    (ii) All piping shall be run as directly as practicable, protected 
against physical damage, proper allowance being made for expansion and 
contraction, jarring and vibration. Pipe laid underground in earth shall 
be located below the frost line and protected against corrosion. After 
assembly, piping shall be thoroughly blown out with air, nitrogen, or 
carbon dioxide to remove foreign materials. For oxygen piping, only oil-
free air, oil-free nitrogen, or oil-free carbon dioxide shall be used.
    (iii) Only piping which has been welded or brazed shall be installed 
in tunnels, trenches or ducts. Shutoff valves shall be located outside 
such conduits. Oxygen piping may be placed in the same tunnel, trench or 
duct with fuel-gas pipelines, provided there is good natural or forced 
ventilation.
    (iv) Low points in piping carrying moist gas shall be drained into 
drip pots constructed so as to permit pumping or draining out the 
condensate at necessary intervals. Drain valves shall be installed for 
this purpose having outlets normally closed with screw caps or plugs. No 
open end valves or petcocks shall be used, except that in drips located 
out of doors, underground, and not readily accessible, valves may be 
used at such points if they are equipped with means to secure them in 
the closed position. Pipes leading to the surface of the ground shall be 
cased or jacketed where necessary to prevent loosening or breaking.
    (v) Gas cocks or valves shall be provided for all buildings at 
points where they will be readily accessible for shutting off the gas 
supply to these buildings in any emergency. There shall also be provided 
a shutoff valve in the discharge line from the generator, gas holder, 
manifold or other source of supply.
    (vi) Shutoff valves shall not be installed in safety relief lines in 
such a manner that the safety relief device can be rendered ineffective.
    (vii) Fittings and lengths of pipe shall be examined internally 
before assembly and, if necessary freed from scale or dirt. Oxygen 
piping and fittings shall be washed out with a suitable solution which 
will effectively remove grease and dirt but will not react with oxygen. 
Hot water solutions of caustic soda or trisodium phosphate are effective 
cleaning agents for this purpose.
    (viii) Piping shall be thoroughly blown out after assembly to remove 
foreign materials. For oxygen piping, oil-free air, oil-free nitrogen, 
or oil-free carbon dioxide shall be used. For other piping, air or inert 
gas may be used.
    (ix) When flammable gas lines or other parts of equipment are being 
purged of air or gas, open lights or other sources of ignition shall not 
be permitted near uncapped openings.
    (x) No welding or cutting shall be performed on an acetylene or 
oxygen pipeline, including the attachment of hangers or supports, until 
the line has been purged. Only oil-free air, oil-free nitrogen, or oil-
free carbon dioxide shall be used to purge oxygen lines.
    (4) Painting and signs. (i) Underground pipe and tubing and outdoor 
ferrous pipe and tubing shall be covered or painted with a suitable 
material for protection against corrosion.
    (ii) Aboveground piping systems shall be marked in accordance with 
the American National Standard Scheme for the Identification of Piping 
Systems, ANSI A13.1-1956, which is incorporated by reference as 
specified in Sec.  1910.6.
    (iii) Station outlets shall be marked to indicate the name of the 
gas.
    (5) Testing. (i) Piping systems shall be tested and proved gastight 
at 1\1/2\ times the maximum operating pressure, and shall be thoroughly 
purged of air before being placed in service. The material used for 
testing oxygen lines shall be

[[Page 688]]

oil free and noncombustible. Flames shall not be used to detect leaks.
    (ii) When flammable gas lines or other parts of equipment are being 
purged of air or gas, sources of ignition shall not be permitted near 
uncapped openings.
    (e) Protective equipment, hose, and regulators--(1) General. 
Equipment shall be installed and used only in the service for which it 
is approved and as recommended by the manufacturer.
    (2) Pressure relief devices. Service piping systems shall be 
protected by pressure relief devices set to function at not more than 
the design pressure of the systems and discharging upwards to a safe 
location.
    (3) Piping protective equipment. (i) The fuel-gas and oxygen piping 
systems, including portable outlet headers shall incorporate the 
protective equipment shown in Figures Q-1, Q-2, and Q-3. When only a 
portion of a fuel-gas system is to be used with oxygen, only that 
portion need comply with this paragraph (e)(3)(i).
[GRAPHIC] [TIFF OMITTED] TC27OC91.084

    (ii) Approved protective equipment (designated PF in 
Figures Q-1, Q-2, and Q-3) shall be installed in fuel-gas piping to 
prevent:
    (A) Backflow of oxygen into the fuel-gas supply system;
    (B) Passage of a flash back into the fuel-gas supply system; and
    (C) Excessive back pressure of oxygen in the fuel-gas supply system. 
The three functions of the protective equipment may be combined in one 
device or may be provided by separate devices.

[[Page 689]]

    (1) The protective equipment shall be located in the main supply 
line, as in Figure Q-1 or at the head of each branch line, as in Figure 
Q-2 or at each location where fuel-gas is withdrawn, as in Figure Q-3. 
Where branch lines are of 2-inch pipe size or larger or of substantial 
length, protective equipment (designated as PF) shall be 
located as shown in either Q-2 and Q-3.
    (2) Backflow protection shall be provided by an approved device that 
will prevent oxygen from flowing into the fuel-gas system or fuel from 
flowing into the oxygen system (see SF, Figures Q-1 and Q-2).
    (3) Flash-back protection shall be provided by an approved device 
that will prevent flame from passing into the fuel-gas system.
    (4) Back-pressure protection shall be provided by an approved 
pressure-relief device set at a pressure not greater than the pressure 
rating of the backflow or the flashback protection device, whichever is 
lower. The pressure-relief device shall be located on the downstream 
side of the backflow and flashback protection devices. The vent from the 
pressure-relief device shall be at least as large as the relief device 
inlet and shall be installed without low points that may collect 
moisture. If low points are unavoidable, drip pots with drains closed 
with screw plugs or caps shall be installed at the low points. The vent 
terminus shall not endanger personnel or property through gas discharge; 
shall be located away from ignition sources; and shall terminate in a 
hood or bend.
    (iii) If pipeline protective equipment incorporates a liquid, the 
liquid level shall be maintained, and a suitable antifreeze may be used 
to prevent freezing.
    (iv) Fuel gas for use with equipment not requiring oxygen shall be 
withdrawn upstream of the piping protective devices.
    (4) Station outlet protective equipment. (i) A check valve, pressure 
regulator, hydraulic seal, or combination of these devices shall be 
provided at each station outlet, including those on portable headers, to 
prevent backflow, as shown in Figures Q-1, Q-2, and Q-3 and designated 
as SF and SO.
    (ii) When approved pipeline protective equipment (designated 
PF) is located at the station outlet as in Figure Q-3, no 
additional check valve, pressure regulator, or hydraulic seal is 
required.
    (iii) A shutoff valve (designated VF and VO) 
shall be installed at each station outlet and shall be located on the 
upstream side of other station outlet equipment.
    (iv) If the station outlet is equipped with a detachable regulator, 
the outlet shall terminate in a union connection that complies with the 
Regulator Connection Standards, 1958, Compressed Gas Association, which 
is incorporated by reference as specified in Sec.  1910.6.
    (v) If the station outlet is connected directly to a hose, the 
outlet shall terminate in a union connection complying with the Standard 
Hose Connection Specifications, 1957, Compressed Gas Association, which 
is incorporated by reference as specified in Sec.  1910.6.
    (vi) Station outlets may terminate in pipe threads to which 
permanent connections are to be made, such as to a machine.
    (vii) Station outlets shall be equipped with a detachable outlet 
seal cap secured in place. This cap shall be used to seal the outlet 
except when a hose, a regulator, or piping is attached.
    (viii) Where station outlets are equipped with approved backflow and 
flashback protective devices, as many as four torches may be supplied 
from one station outlet through rigid piping, provided each outlet from 
such piping is equipped with a shutoff valve and provided the fuel-gas 
capacity of any one torch does not exceed 15 cubic feet (0.42 m\3\) per 
hour. This paragraph (e)(4)(viii) does not apply to machines.
    (5) Hose and hose connections. (i) Hose for oxy-fuel gas service 
shall comply with the Specification for Rubber Welding Hose, 1958, 
Compressed Gas Association and Rubber Manufacturers Association, which 
is incorporated by reference as specified in Sec.  1910.6.
    (ii) When parallel lengths of oxygen and acetylene hose are taped 
together for convenience and to prevent tangling, not more than 4 inches 
(10.2 cm) out of 12 inches (30.5 cm) shall be covered by tape.

[[Page 690]]

    (iii) Hose connections shall comply with the Standard Hose 
Connection Specifications, 1957, Compressed Gas Association.
    (iv) Hose connections shall be clamped or otherwise securely 
fastened in a manner that will withstand, without leakage, twice the 
pressure to which they are normally subjected in service, but in no case 
less than a pressure of 300 psi (2.04 MPa). Oil-free air or an oil-free 
inert gas shall be used for the test.
    (v) Hose showing leaks, burns, worn places, or other defects 
rendering it unfit for service shall be repaired or replaced.
    (6) Pressure-reducing regulators. (i) Pressure-reducing regulators 
shall be used only for the gas and pressures for which they are 
intended. The regulator inlet connections shall comply with Regulator 
Connection Standards, 1958, Compressed Gas Association.
    (ii) When regulators or parts of regulators, including gages, need 
repair, the work shall be performed by skilled mechanics who have been 
properly instructed.
    (iii) Gages on oxygen regulators shall be marked ``USE NO OIL.''
    (iv) Union nuts and connections on regulators shall be inspected 
before use to detect faulty seats which may cause leakage of gas when 
the regulators are attached to the cylinder valves.
    (f) Acetylene generators--(1) Approval and marking. (i) Generators 
shall be of approved construction and shall be plainly marked with the 
maximum rate of acetylene in cubic feet per hour for which they are 
designed; the weight and size of carbide necessary for a single charge; 
the manufacturer's name and address; and the name or number of the type 
of generator.
    (ii) Carbide shall be of the size marked on the generator nameplate.
    (2) Rating and pressure limitations. (i) The total hourly output of 
a generator shall not exceed the rate for which it is approved and 
marked. Unless specifically approved for higher ratings, carbide-feed 
generators shall be rated at 1 cubic foot (0.028 m\3\) per hour per 
pound of carbide required for a single complete charge.
    (ii) Relief valves shall be regularly operated to insure proper 
functioning. Relief valves for generating chambers shall be set to open 
at a pressure not in excess of 15 psig (103 kPa gauge pressure). Relief 
valves for hydraulic back pressure valves shall be set to open at a 
pressure not in excess of 20 psig (137 kPa gauge pressure).
    (iii) Nonautomatic generators shall not be used for generating 
acetylene at pressures exceeding l psig (7 kPa gauge pressure), and all 
water overflows shall be visible.
    (3) Location. The space around the generator shall be ample for 
free, unobstructed operation and maintenance and shall permit ready 
adjustment and charging.
    (4) Stationary acetylene generators (automatic and nonautomatic). 
(i)(A) The foundation shall be so arranged that the generator will be 
level and so that no excessive strain will be placed on the generator or 
its connections. Acetylene generators shall be grounded.
    (B) Generators shall be placed where water will not freeze. The use 
of common salt (sodium chloride) or other corrosive chemicals for 
protection against freezing is not permitted. (For heating systems see 
paragraph (f)(6)(iii) of this section.)
    (C) Except when generators are prepared in accordance with paragraph 
(f)(7)(v) of this section, sources of ignition shall be prohibited in 
outside generator houses or inside generator rooms.
    (D) Water shall not be supplied through a continuous connection to 
the generator except when the generator is provided with an adequate 
open overflow or automatic water shutoff which will effectively prevent 
overfilling of the generator. Where a noncontinuous connection is used, 
the supply line shall terminate at a point not less than 2 inches (5 cm) 
above the regularly provided opening for filling so that the water can 
be observed as it enters the generator.
    (E) Unless otherwise specifically approved, generators shall not be 
fitted with continuous drain connections leading to sewers, but shall 
discharge through an open connection into a suitably vented outdoor 
receptacle or residue pit which may have such connections. An open 
connection for the sludge drawoff is desirable to enable

[[Page 691]]

the generator operator to observe leakage of generating water from the 
drain valve or sludge cock.
    (ii)(A) Each generator shall be provided with a vent pipe.
    (B) The escape or relief pipe shall be rigidly installed without 
traps and so that any condensation will drain back to the generator.
    (C) The escape or relief pipe shall be carried full size to a 
suitable point outside the building. It shall terminate in a hood or 
bend located at least 12 feet (3.7 m) above the ground, preferably above 
the roof, and as far away as practicable from windows or other openings 
into buildings and as far away as practicable from sources of ignition 
such as flues or chimneys and tracks used by locomotives. Generating 
chamber relief pipes shall not be inter-connected but shall be 
separately led to the outside air. The hood or bend shall be so 
constructed that it will not be obstructed by rain, snow, ice, insects, 
or birds. The outlet shall be at least 3 feet (0.9 m) from combustible 
construction.
    (iii)(A) Gas holders shall be constructed on the gasometer 
principle, the bell being suitably guided. The gas bell shall move 
freely without tendency to bind and shall have a clearance of at least 2 
inches (5 cm) from the shell.
    (B) The gas holder may be located in the generator room, in a 
separate room or out of doors. In order to prevent collapse of the gas 
bell or infiltration of air due to a vacuum caused by the compressor or 
booster pump or cooling of the gas, a compressor or booster cutoff shall 
be provided at a point 12 inches (0.3 m) or more above the landing point 
of the bell. When the gas holder is located indoors, the room shall be 
ventilated in accordance with paragraph (f)(6)(ii) of this section and 
heated and lighted in accordance with paragraphs (f)(6)(iii) and 
(f)(6)(iv) of this section.
    (C) When the gas holder is not located within a heated building, gas 
holder seals shall be protected against freezing.
    (D) Means shall be provided to stop the generator-feeding mechanism 
before the gas holder reaches the upper limit of its travel.
    (E) When the gas holder is connected to only one generator, the gas 
capacity of the holder shall be not less than one-third of the hourly 
rating of the generator.
    (F) If acetylene is used from the gas holder without increase in 
pressure at some points but with increase in pressure by a compressor or 
booster pump at other points, approved piping protective devices shall 
be installed in each supply line. The low-pressure protective device 
shall be located between the gas holder and the shop piping, and the 
medium-pressure protective device shall be located between the 
compressor or booster pump and the shop piping (see Figure Q-4). 
Approved protective equipment (designated PF) is used to 
prevent: Backflow of oxygen into the fuel-gas supply system; passage of 
a flashback into the fuel-gas supply system; and excessive back pressure 
of oxygen in the fuel-gas supply system. The three functions of the 
protective equipment may be combined in one device or may be provided by 
separate devices.

[[Page 692]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.085

    (iv)(A) The compressor or booster system shall be of an approved 
type.
    (B) Wiring and electric equipment in compressor or booster pump 
rooms or enclosures shall conform to the provisions of subpart S of this 
part for Class I, Division 2 locations.
    (C) Compressors and booster pump equipment shall be located in well-
ventilated areas away from open flames, electrical or mechanical sparks, 
or other ignition sources.
    (D) Compressor or booster pumps shall be provided with pressure 
relief valves which will relieve pressure exceeding 15 psig (103 kPa 
gauge pressure) to a safe outdoor location as provided in paragraph 
(f)(4)(ii) of this section, or by returning the gas to the inlet side or 
to the gas supply source.
    (E) Compressor or booster pump discharge outlets shall be provided 
with approved protective equipment. (See paragraph (e) of this section.)
    (5) Portable acetylene generators. (i)(A) All portable generators 
shall be of a type approved for portable use.
    (B) Portable generators shall not be used within 10 feet (3 m) of 
combustible material other than the floor.
    (C) Portable generators shall not be used in rooms of total volume 
less than 35 times the total gas-generating capacity per charge of all 
generators in the room. Generators shall not be used in rooms having a 
ceiling height of less than 10 feet (3 m). (To obtain the gas-generating 
capacity in cubic feet per charge, multiply the pounds of carbide per 
charge by 4.5.)
    (D) Portable generators shall be protected against freezing. The use 
of salt or other corrosive chemical to prevent freezing is prohibited.
    (ii)(A) Portable generators shall be cleaned and recharged and the 
air mixture blown off outside buildings.
    (B) When charged with carbide, portable generators shall not be 
moved by crane or derrick.
    (C) When not in use, portable generators shall not be stored in 
rooms in which open flames are used unless the generators contain no 
carbide and have been thoroughly purged of acetylene. Storage rooms 
shall be well ventilated.
    (D) When portable acetylene generators are to be transported and 
operated on vehicles, they shall be securely anchored to the vehicles. 
If transported

[[Page 693]]

by truck, the motor shall be turned off during charging, cleaning, and 
generating periods.
    (E) Portable generators shall be located at a safe distance from the 
welding position so that they will not be exposed to sparks, slag, or 
misdirection of the torch flame or overheating from hot materials or 
processes.
    (6) Outside generator houses and inside generator rooms for 
stationary acetylene generators. (i)(A) No opening in any outside 
generator house shall be located within 5 feet (1.5 m) of any opening in 
another building.
    (B) Walls, floors, and roofs of outside generator houses shall be of 
noncombustible construction.
    (C) When a part of the generator house is to be used for the storage 
or manifolding of oxygen cylinders, the space to be so occupied shall be 
separated from the generator or carbide storage section by partition 
walls continuous from floor to roof or ceiling, of the type of 
construction stated in paragraph (f)(6)(i)(H) of this section. 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.
    (D) Exit doors shall be located so as to be readily accessible in 
case of emergency.
    (E) Explosion venting for outside generator houses and inside 
generator rooms shall be provided in exterior walls or roofs. The 
venting areas shall be equal to not less than 1 square foot (0.09 m\2\) 
per 50 cubic feet (1.4 m\3\) 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 (0.001 MPa).
    (F) The installation of acetylene generators within buildings shall 
be restricted to buildings not exceeding one story in height; provided, 
however, that this will not be construed as prohibiting such 
installations on the roof or top floor of a building exceeding such 
height.
    (G) Generators installed inside buildings shall be enclosed in a 
separate room.
    (H) The walls, partitions, floors, and ceilings of inside generator 
rooms shall be of noncombustible construction having a fire-resistance 
rating of at least 1 hour. The walls or partitions shall be continuous 
from floor to ceiling and shall be securely anchored. At least one wall 
of the room shall be an exterior wall.
    (I) Openings from an inside generator room to other parts of the 
building shall be protected by a swinging type, self-closing fire door 
for a Class B opening and having a rating of at least 1 hour. Windows in 
partitions shall be wired glass and approved metal frames with fixed 
sash. Installation shall be in accordance with the Standard for the 
Installation of Fire Doors and Windows, NFPA 80-1970, which is 
incorporated by reference as specified in Sec.  1910.6.
    (ii) Inside generator rooms or outside generator houses shall be 
well ventilated with vents located at floor and ceiling levels.
    (iii) Heating shall be by steam, hot water, enclosed electrically 
heated elements or other indirect means. Heating by flames or fires 
shall be prohibited in outside generator houses or inside generator 
rooms, or in any enclosure communicating with them.
    (iv)(A) Generator houses or rooms shall have natural light during 
daylight hours. Where artificial lighting is necessary it shall be 
restricted to electric lamps installed in a fixed position. Unless 
specifically approved for use in atmospheres containing acetylene, such 
lamps shall be provided with enclosures of glass or other noncombustible 
material so designed and constructed as to prevent gas vapors from 
reaching the lamp or socket and to resist breakage. Rigid conduit with 
threaded connections shall be used.
    (B) Lamps installed outside of wired-glass panels set in gas-tight 
frames in the exterior walls or roof of the generator house or room are 
acceptable.
    (v) Electric switches, telephones, and all other electrical 
apparatus which may cause a spark, unless specifically

[[Page 694]]

approved for use inside acetylene generator rooms, shall be located 
outside the generator house or in a room or space separated from the 
generator room by a gas-tight partition, except that where the generator 
system is designed so that no carbide fill opening or other part of the 
generator is open to the generator house or room during the operation of 
the generator, and so that residue is carried in closed piping from the 
residue discharge valve to a point outside the generator house or room, 
electrical equipment in the generator house or room shall conform to the 
provisions of subpart S of this part for Class I, Division 2 locations.
    (7) Maintenance and operation. (i) Unauthorized persons shall not be 
permitted in outside generator houses or inside generator rooms.
    (A) Operating instructions shall be posted in a conspicuous place 
near the generator or kept in a suitable place available for ready 
reference.
    (B) When recharging generators the order of operations specified in 
the instructions supplied by the manufacturer shall be followed.
    (C) In the case of batch-type generators, when the charge of carbide 
is exhausted and before additional carbide is added, the generating 
chamber shall always be flushed out with water, renewing the water 
supply in accordance with the instruction card furnished by the 
manufacturer.
    (D) The water-carbide residue mixture drained from the generator 
shall not be discharged into sewer pipes or stored in areas near open 
flames. Clear water from residue settling pits may be discharged into 
sewer pipes.
    (ii) The carbide added each time the generator is recharged shall be 
sufficient to refill the space provided for carbide without ramming the 
charge. Steel or other ferrous tools shall not be used in distributing 
the charge.
    (iii) Generator water chambers shall be kept filled to proper level 
at all times except while draining during the recharging operation.
    (iv) Whenever repairs are to be made or the generator is to be 
charged or carbide is to be removed, the water chamber shall be filled 
to the proper level.
    (v) Previous to making repairs involving welding, soldering, or 
other hot work or other operations which produce a source of ignition, 
the carbide charge and feed mechanism shall be completely removed. All 
acetylene shall be expelled by completely flooding the generator shell 
with water and the generator shall be disconnected from the piping 
system. The generator shall be kept filled with water, if possible, or 
positioned to hold as much water as possible.
    (vi) Hot repairs shall not be made in a room where there are other 
generators unless all the generators and piping have been purged of 
acetylene.
    (g) Calcium carbide storage--(1) Packaging. (i) Calcium carbide 
shall be contained in metal packages of sufficient strength to prevent 
rupture. The packages shall be provided with a screw top or equivalent. 
These packages shall be constructed water- and air-tight. Solder shall 
not be used in such a manner that the package would fail if exposed to 
fire.
    (ii) Packages containing calcium carbide shall be conspicuously 
marked ``Calcium Carbide--Dangerous If Not Kept Dry'' or with equivalent 
warning.
    (iii) Caution: Metal tools, even the so-called spark resistant type 
may cause ignition of an acetylene and air mixture when opening carbide 
containers.
    (iv) Sprinkler systems shall not be installed in carbide storage 
rooms.
    (2) Storage indoors. (i) Calcium carbide in quantities not to exceed 
600 pounds (272.2 kg) may be stored indoors in dry, waterproof, and 
well-ventilated locations.
    (A) Calcium carbide not exceeding 600 pounds (272.2 kg) may be 
stored indoors in the same room with fuel-gas cylinders.
    (B) Packages of calcium carbide, except for one of each size, shall 
be kept sealed. The seals shall not be broken when there is carbide in 
excess of 1 pound (0.5 kg) in any other unsealed package of the same 
size of carbide in the room.
    (ii) Calcium carbide exceeding 600 pounds (272.2 kg) but not 
exceeding 5,000 pounds (2,268 kg) shall be stored:
    (A) In accordance with paragraph (g)(2)(iii) of this section;

[[Page 695]]

    (B) In an inside generator room or outside generator house; or
    (C) In a separate room in a one-story building which may contain 
other occupancies, but without cellar or basement beneath the carbide 
storage section. Such rooms shall be constructed in accordance with 
paragraphs (f)(6)(i)(H) and (f)(6)(i)(I) of this section and ventilated 
in accordance with paragraph (f)(6)(ii) of this section. These rooms 
shall be used for no other purpose.
    (iii) Calcium carbide in excess of 5,000 pounds (2,268 kg) shall be 
stored in one-story buildings without cellar or basement and used for no 
other purpose, or in outside generator houses. If the storage building 
is of noncombustible construction, it may adjoin other one-story 
buildings if separated therefrom by unpierced firewalls; if it is 
detached less than 10 feet (3 m) from such building or buildings, there 
shall be no opening in any of the mutually exposing sides of such 
buildings within 10 feet (3 m). If the storage building is of 
combustible construction, it shall be at least 20 feet (6.1 m) from any 
other one- or two-story building, and at least 30 feet (9.1 m) from any 
other building exceeding two stories.
    (3) Storage outdoors. (i) Calcium carbide in unopened metal 
containers may be stored outdoors.
    (ii) Carbide containers to be stored outdoors shall be examined to 
make sure that they are in good condition. Periodic reexaminations shall 
be made for rusting or other damage to a container that might affect its 
water or air tightness.
    (iii) The bottom tier of each row shall be placed on wooden planking 
or equivalent, so that the containers will not come in contact with the 
ground or ground water.
    (iv) Containers of carbide which have been in storage the longest 
shall be used first.

[55 FR 13696, Apr. 11, 1990, as amended at 55 FR 32015, Aug. 6, 1990; 55 
FR 46053, Nov. 1, 1990; 61 FR 9241, Mar. 7, 1996; 72 FR 71070, Dec. 14, 
2007]



Sec.  1910.254  Arc welding and cutting.

    (a) General--(1) Equipment selection. Welding equipment shall be 
chosen for safe application to the work to be done as specified in 
paragraph (b) of this section.
    (2) Installation. Welding equipment shall be installed safely as 
specified by paragraph (c) of this section.
    (3) Instruction. Workmen designated to operate arc welding equipment 
shall have been properly instructed and qualified to operate such 
equipment as specified in paragraph (d) of this section.
    (b) Application of arc welding equipment--(1) General. Assurance of 
consideration of safety in design is obtainable by choosing apparatus 
complying with the Requirements for Electric Arc-Welding Apparatus, NEMA 
EW-1-1962, National Electrical Manufacturers Association or the Safety 
Standard for Transformer-Type Arc-Welding Machines, ANSI C33.2--1956, 
Underwriters' Laboratories, both of which are incorporated by reference 
as specified in Sec.  1910.6.
    (2) Environmental conditions. (i) Standard machines for arc welding 
service shall be designed and constructed to carry their rated load with 
rated temperature rises where the temperature of the cooling air does 
not exceed 40 [deg]C (104 [deg]F) and where the altitude does not exceed 
3,300 feet (1,005.8 m), and shall be suitable for operation in 
atmospheres containing gases, dust, and light rays produced by the 
welding arc.
    (ii) Unusual service conditions may exist, and in such circumstances 
machines shall be especially designed to safely meet the requirements of 
the service. Chief among these conditions are:
    (A) Exposure to unusually corrosive fumes.
    (B) Exposure to steam or excessive humidity.
    (C) Exposure to excessive oil vapor.
    (D) Exposure to flammable gases.
    (E) Exposure to abnormal vibration or shock.
    (F) Exposure to excessive dust.
    (G) Exposure to weather.
    (H) Exposure to unusual seacoast or shipboard conditions.
    (3) Voltage. The following limits shall not be exceeded:
    (i) Alternating-current machines
    (A) Manual arc welding and cutting--80 volts.

[[Page 696]]

    (B) Automatic (machine or mechanized) arc welding and cutting--100 
volts.
    (ii) Direct-current machines
    (A) Manual arc welding and cutting--100 volts.
    (B) Automatic (machine or mechanized) arc welding and cutting-100 
volts.
    (iii) When special welding and cutting processes require values of 
open circuit voltages higher than the above, means shall be provided to 
prevent the operator from making accidental contact with the high 
voltage by adequate insulation or other means.
    (iv) For a.c. welding under wet conditions or warm surroundings 
where perspiration is a factor, the use of reliable automatic controls 
for reducing no load voltage is recommended to reduce the shock hazard.
    (4) Design. (i) A controller integrally mounted in an electric motor 
driven welder shall have capacity for carrying rated motor current, 
shall be capable of making and interrupting stalled rotor current of the 
motor, and may serve as the running overcurrent device if provided with 
the number of overcurrent units as specified by subpart S of this part.
    (ii) On all types of arc welding machines, control apparatus shall 
be enclosed except for the operating wheels, levers, or handles.
    (iii) Input power terminals, tap change devices and live metal parts 
connected to input circuits shall be completely enclosed and accessible 
only by means of tools.
    (iv) Terminals for welding leads should be protected from accidental 
electrical contact by personnel or by metal objects, i.e., vehicles, 
crane hooks, etc. Protection may be obtained by use of: Dead-front 
receptacles for plug connections; recessed openings with nonremovable 
hinged covers; heavy insulating sleeving or taping or other equivalent 
electrical and mechanical protection. If a welding lead terminal which 
is intended to be used exclusively for connection to the work is 
connected to the grounded enclosure, it must be done by a conductor at 
least two AWG sizes smaller than the grounding conductor and the 
terminal shall be marked to indicate that it is grounded.
    (v) No connections for portable control devices such as push buttons 
to be carried by the operator shall be connected to an a.c. circuit of 
higher than 120 volts. Exposed metal parts of portable control devices 
operating on circuits above 50 volts shall be grounded by a grounding 
conductor in the control cable.
    (vi) Auto transformers or a.c. reactors shall not be used to draw 
welding current directly from any a.c. power source having a voltage 
exceeding 80 volts.
    (c) Installation of arc welding equipment--(1) General. Installation 
including power supply shall be in accordance with the requirements of 
subpart S of this part.
    (2) Grounding. (i) The frame or case of the welding machine (except 
engine-driven machines) shall be grounded under the conditions and 
according to the methods prescribed in subpart S of this part.
    (ii) Conduits containing electrical conductors shall not be used for 
completing a work-lead circuit. Pipelines shall not be used as a 
permanent part of a work-lead circuit, but may be used during 
construction, extension or repair providing current is not carried 
through threaded joints, flanged bolted joints, or caulked joints and 
that special precautions are used to avoid sparking at connection of the 
work-lead cable.
    (iii) Chains, wire ropes, cranes, hoists, and elevators shall not be 
used to carry welding current.
    (iv) Where a structure, conveyor, or fixture is regularly employed 
as a welding current return circuit, joints shall be bonded or provided 
with adequate current collecting devices.
    (v) All ground connections shall be checked to determine that they 
are mechanically strong and electrically adequate for the required 
current.
    (3) Supply connections and conductors. (i) A disconnecting switch or 
controller shall be provided at or near each welding machine which is 
not equipped with such a switch or controller mounted as an integral 
part of the machine. The

[[Page 697]]

switch shall be in accordance with subpart S of this part. Overcurrent 
protection shall be provided as specified in subpart S of this part. A 
disconnect switch with overload protection or equivalent disconnect and 
protection means, permitted by subpart S of this part, shall be provided 
for each outlet intended for connection to a portable welding machine.
    (ii) For individual welding machines, the rated current-carrying 
capacity of the supply conductors shall be not less than the rated 
primary current of the welding machines.
    (iii) For groups of welding machines, the rated current-carrying 
capacity of conductors may be less than the sum of the rated primary 
currents of the welding machines supplied. The conductor rating shall be 
determined in each case according to the machine loading based on the 
use to be made of each welding machine and the allowance permissible in 
the event that all the welding machines supplied by the conductors will 
not be in use at the same time.
    (iv) In operations involving several welders on one structure, d.c. 
welding process requirements may require the use of both polarities; or 
supply circuit limitations for a.c. welding may require distribution of 
machines among the phases of the supply circuit. In such cases no load 
voltages between electrode holders will be 2 times normal in d.c. or 1, 
1.41, 1.73, or 2 times normal on a.c. machines. Similar voltage 
differences will exist if both a.c. and d.c. welding are done on the 
same structure.
    (A) All d.c. machines shall be connected with the same polarity.
    (B) All a.c. machines shall be connected to the same phase of the 
supply circuit and with the same instantaneous polarity.
    (d) Operation and maintenance--(1) General. Workers assigned to 
operate or maintain arc welding equipment shall be acquainted with the 
requirements of this section and with 1910.252 (a), (b), and (c) of this 
part.
    (2) Machine hook up. Before starting operations all connections to 
the machine shall be checked to make certain they are properly made. The 
work lead shall be firmly attached to the work; magnetic work clamps 
shall be freed from adherent metal particles of spatter on contact 
surfaces. Coiled welding cable shall be spread out before use to avoid 
serious overheating and damage to insulation.
    (3) Grounding. Grounding of the welding machine frame shall be 
checked. Special attention shall be given to safety ground connections 
of portable machines.
    (4) Leaks. There shall be no leaks of cooling water, shielding gas 
or engine fuel.
    (5) Switches. It shall be determined that proper switching equipment 
for shutting down the machine is provided.
    (6) Manufacturers' instructions. Printed rules and instructions 
covering operation of equipment supplied by the manufacturers shall be 
strictly followed.
    (7) Electrode holders. Electrode holders when not in use shall be so 
placed that they cannot make electrical contact with persons, conducting 
objects, fuel or compressed gas tanks.
    (8) Electric shock. Cables with splices within 10 feet (3 m) of the 
holder shall not be used. The welder should not coil or loop welding 
electrode cable around parts of his body.
    (9) Maintenance. (i) The operator should report any equipment defect 
or safety hazard to his supervisor and the use of the equipment shall be 
discontinued until its safety has been assured. Repairs shall be made 
only by qualified personnel.
    (ii) Machines which have become wet shall be thoroughly dried and 
tested before being used.
    (iii) Cables with damaged insulation or exposed bare conductors 
shall be replaced. Joining lengths of work and electrode cables shall be 
done by the use of connecting means specifically intended for the 
purpose. The connecting means shall have insulation adequate for the 
service conditions.

[55 FR 13696, Apr. 11, 1990, as amended at 61 FR 9241, Mar. 7, 1996; 70 
FR 53929, Sept. 13, 2005]



Sec.  1910.255  Resistance welding.

    (a) General--(1) Installation. All equipment shall be installed by a 
qualified electrician in conformance with subpart S of this part. There 
shall be a safety-type disconnecting switch or a

[[Page 698]]

circuit breaker or circuit interrupter to open each power circuit to the 
machine, conveniently located at or near the machine, so that the power 
can be shut off when the machine or its controls are to be serviced.
    (2) Thermal protection. Ignitron tubes used in resistance welding 
equipment shall be equipped with a thermal protection switch.
    (3) Personnel. Workmen designated to operate resistance welding 
equipment shall have been properly instructed and judged competent to 
operate such equipment.
    (4) Guarding. Controls of all automatic or air and hydraulic clamps 
shall be arranged or guarded to prevent the operator from accidentally 
activating them.
    (b) Spot and seam welding machines (nonportable)--(1) Voltage. All 
external weld initiating control circuits shall operate on low voltage, 
not over 120 volts, for the safety of the operators.
    (2) Capacitor welding. Stored energy or capacitor discharge type of 
resistance welding equipment and control panels involving high voltage 
(over 550 volts) shall be suitably insulated and protected by complete 
enclosures, all doors of which shall be provided with suitable 
interlocks and contacts wired into the control circuit (similar to 
elevator interlocks). Such interlocks or contacts shall be so designed 
as to effectively interrupt power and short circuit all capacitors when 
the door or panel is open. A manually operated switch or suitable 
positive device shall be installed, in addition to the mechanical 
interlocks or contacts, as an added safety measure assuring absolute 
discharge of all capacitors.
    (3) Interlocks. All doors and access panels of all resistance 
welding machines and control panels shall be kept locked and interlocked 
to prevent access, by unauthorized persons, to live portions of the 
equipment.
    (4) Guarding. All press welding machine operations, where there is a 
possibility of the operator's fingers being under the point of 
operation, shall be effectively guarded by the use of a device such as 
an electronic eye safety circuit, two hand controls or protection 
similar to that prescribed for punch press operation, Sec.  1910.217 of 
this part. All chains, gears, operating bus linkage, and belts shall be 
protected by adequate guards, in accordance with Sec.  1910.219 of this 
part.
    (5) Shields. The hazard of flying sparks shall be, wherever 
practical, eliminated by installing a shield guard of safety glass or 
suitable fire-resistant plastic at the point of operation. Additional 
shields or curtains shall be installed as necessary to protect passing 
persons from flying sparks. (See Sec.  1910.252(b)(2)(i)(C) of this 
part.)
    (6) Foot switches. All foot switches shall be guarded to prevent 
accidental operation of the machine.
    (7) Stop buttons. Two or more safety emergency stop buttons shall be 
provided on all special multispot welding machines, including 2-post and 
4-post weld presses.
    (8) Safety pins. On large machines, four safety pins with plugs and 
receptacles (one in each corner) shall be provided so that when safety 
pins are removed and inserted in the ram or platen, the press becomes 
inoperative.
    (9) Grounding. Where technically practical, the secondary of all 
welding transformers used in multispot, projection and seam welding 
machines shall be grounded. This may be done by permanently grounding 
one side of the welding secondary current circuit. Where not technically 
practical, a center tapped grounding reactor connected across the 
secondary or the use of a safety disconnect switch in conjunction with 
the welding control are acceptable alternates. Safety disconnect shall 
be arranged to open both sides of the line when welding current is not 
present.
    (c) Portable welding machines--(1) Counterbalance. All portable 
welding guns shall have suitable counterbalanced devices for supporting 
the guns, including cables, unless the design of the gun or fixture 
makes counterbalancing impractical or unnecessary.
    (2) Safety chains. All portable welding guns, transformers and 
related equipment that is suspended from overhead structures, eye beams, 
trolleys, etc., shall be equipped with safety chains or cables. Safety 
chains or cables shall be capable of supporting the total shock load in 
the event of failure of any component of the supporting system.

[[Page 699]]

    (3) Clevis. Each clevis shall be capable of supporting the total 
shock load of the suspended equipment in the event of trolley failure.
    (4) Switch guards. All initiating switches, including retraction and 
dual schedule switches, located on the portable welding gun shall be 
equipped with suitable guards capable of preventing accidental 
initiation through contact with fixturing, operator's clothing, etc. 
Initiating switch voltage shall not exceed 24 volts.
    (5) Moving holder. The movable holder, where it enters the gun 
frame, shall have sufficient clearance to prevent the shearing of 
fingers carelessly placed on the operating movable holder.
    (6) Grounding. The secondary and case of all portable welding 
transformers shall be grounded. Secondary grounding may be by center 
tapped secondary or by a center tapped grounding reactor connected 
across the secondary.
    (d) Flash welding equipment--(1) Ventilation and flash guard. Flash 
welding machines shall be equipped with a hood to control flying flash. 
In cases of high production, where materials may contain a film of oil 
and where toxic elements and metal fumes are given off, ventilation 
shall be provided in accordance with Sec.  1910.252(c) of this part.
    (2) Fire curtains. For the protection of the operators of nearby 
equipment, fire-resistant curtains or suitable shields shall be set up 
around the machine and in such a manner that the operators movements are 
not hampered.
    (e) Maintenance. Periodic inspection shall be made by qualified 
maintenance personnel, and a certification record maintained. The 
certification record shall include the date of inspection, the signature 
of the person who performed the inspection and the serial number, or 
other identifier, for the equipment inspected. The operator shall be 
instructed to report any equipment defects to his supervisor and the use 
of the equipment shall be discontinued until safety repairs have been 
completed.



                      Subpart R_Special Industries

    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), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.



Sec.  1910.261  Pulp, paper, and paperboard mills.

    (a) General requirements--(1) Application. This section applies to 
establishments where pulp, paper, and paperboard are manufactured and 
converted. This section does not apply to logging and the transportation 
of logs to pulp, paper, and paperboard mills.
    (2) Standards incorporated by reference. Standards covering issues 
of occupational safety and health which have general application without 
regard to any specific industry are incorporated by reference in 
paragraphs (b) through (m) of this section and in subparagraphs (3) and 
(4) of this paragraph and made applicable under this section. Such 
standards shall be construed according to the rules set forth in Sec.  
1910.5.
    (3) General incorporation of standards. Establishments subject to 
this section shall comply with the following standards of the American 
National Standards Institute, which are incorporated by reference as 
specified in Sec.  1910.6:
    (i) Practice for Industrial Lighting, A11.1--1965 (R-1970).
    (ii) Scheme for the Identification of Piping Systems, A13.1--1956.
    (iii) Safety Code for Elevators, Dumbwaiters, and Moving Walks, 
A17.1--1965, including Supplements A17.1a--1967, A17.1b--1968, A17.1c--
1969, and A17.1d--1970.
    (iv) Practice for the Inspection of Elevators (Inspector's Manual), 
A17.2--1960, including Suppelements A17.2a--1965 and A17.2b--1967.
    (v) Safety Code for Conveyors, Cableways, and Related Equipment, 
B20.1--1957.
    (vi) Power Piping, B31.1.0--1967 and addenda B31.10a--1969. Fuel Gas 
Piping, B31.2--1968.
    (vii) Identification of Gas-Mask Canisters, K13.1--1967.
    (viii) Prevention of Sulfur Fires and Explosions, Z12.12--1968.

[[Page 700]]

    (ix) Installation of Blower and Exhaust Systems for Dust, Stock, and 
Vapor Removal or Conveying, Z33.1--1961.
    (4) Other standards. The following standards, which are incorporated 
by reference as specified in Sec.  1910.6, shall be considered standards 
under this section:
    (i) ASME Boiler and Pressure Vessel Code, Section VIII, Unfired 
Pressure Vessels, including addenda 1969.
    (ii) Building Exits Code for Life Safety from Fire, NFPA 101--1970.
    (iii) Safety in the Handling and Use of Explosives, IME Pamphlet No. 
17, July 1960, Institute of Makers of Explosives.
    (b) Safe practices--(1) Lockouts. Devices such as padlocks shall be 
provided for locking out the source of power at the main disconnect 
switch. Before any maintenance, inspection, cleaning, adjusting, or 
servicing of equipment (electrical, mechanical, or other) that requires 
entrance into or close contact with the machinery or equipment, the main 
power disconnect switch or valve, or both, controlling its source of 
power or flow of material, shall be locked out or blocked off with 
padlock, blank flange, or similar device.
    (2) Emergency lighting. Emergency lighting shall be provided 
wherever it is necessary for employees to remain at their machines or 
stations to shut down equipment in case of power failure. Emergency 
lighting shall be provided at stairways and passageways or aisleways 
used by employees for emergency exit in case of power failure. Emergency 
lighting shall be provided in all plant first aid and medical 
facilities.
    (c) Handling and storage of pulpwood and pulp chips--(1) Handling 
pulpwood with forklift trucks. Where large forklift trucks, or lift 
trucks with clam-jaws, are used in the yard, the operator's enclosed cab 
shall be provided with an escape hatch, whenever the hydraulic arm 
blocks escape through the side doors.
    (2) Handling pulpwood with cranes or stackers. (i) Where locomotive 
cranes are used for loading or unloading pulpwood, the pulpwood shall be 
piled so as to allow a clearance of not less than 24 inches between the 
pile and the end of the cab of any locomotive crane in use, when the cab 
is turned in any working position.
    (ii) The minimum distance of the pulpwood pile from the centerline 
of a standard-gage track shall be maintained at not less than 8\1/2\ 
feet.
    (iii) Logs shall be piled in an orderly and stable manner, with no 
projection into walkways or roadways.
    (iv) Railroad cars shall not be spotted on tracks adjacent to the 
locomotive cranes unless a 24-inch clearance is maintained, as required 
in paragraph (c)(2)(i) of this section.
    (v) The handling and storage of other materials shall conform to 
paragraphs (c)(2) (i) and (ii) of this section with respect to 
clearance.
    (vi) No person shall be permitted to walk beneath a suspended load, 
bucket, or hook.
    (3) Handling pulpwood from ships.
    (i) [Reserved]
    (ii) The hatch tender shall be required to signal the hoisting 
engineer to move the load only after the men working in the hold are in 
the clear.
    (iii) The air in the ship's hold, tanks, or closed vessels shall be 
tested for oxygen deficiency and for both toxic and explosive gases and 
vapors.
    (4) Handling pulpwood from flatcars and all other railway cars. (i) 
Railroad flatcars for the conveyance of pulpwood loaded parallel to the 
length of the car shall be equipped with safety-stake pockets.
    (ii) Where pulpwood is loaded crosswise on a flatcar sufficient 
stakes of sizes not smaller than 4 by 4 inches shall be used to prevent 
the load from shifting.
    (iii) When it is necessary to cut stakes, those on the unloading 
side should be partially cut through first, and then the binder wires 
cut on the opposite side. Wire cutters equipped with long extension 
handles shall be used. No person shall be permitted along the dumping 
side of the car after the stakes have been cut.
    (iv) When steel straps without stakes are used, the steel straps 
shall be cut from a safe area to prevent employees from being struck by 
the falling logs.
    (v) Flatcars and all other cars shall be chocked during unloading. 
Where

[[Page 701]]

equipment is not provided with hand brakes, rail clamping chocks shall 
be used.
    (vi) A derail shall be used to prevent movement of other rail 
equipment into cars where persons are working.
    (5) Handling pulpwood from trucks. (i) Cutting of stakes and binder 
wires shall be done in accordance with paragraph (c)4(iii) of this 
section.
    (ii) Where binder chain and steel stakes are used, the binder chains 
shall be released and the stakes tripped from the opposite side of the 
load spillage.
    (iii) Where binder chains and crane slings are used, the crane 
slings shall be attached and taut before the binder chains are released. 
The hooker shall see that the helper is clear before signaling for the 
movement of the load.
    (6) Handling pulp chips from railway cars. All cars shall be 
securely fastened in place and all employees in the clear before dumping 
is started.
    (7) Handling pulp chips from trucks and trailers. All trucks and 
trailers shall be securely fastened in place and all employees in the 
clear before dumping is started.
    (8) Cranes.
    (i) [Reserved]
    (ii) A safety device such as a heavy chain or cable at least equal 
in strength to the lifting cables shall be fastened to the boom and to 
the frame of the boom crane (if it is other than locomotive) at the 
base. Alternatively, a telescoping safety device shall be fastened to 
the boom and to the cab frame, so as to prevent the boom from snapping 
back over the cab in the event of lifting cable breakage.
    (iii) A crane shall not be operated where any part thereof may come 
within 10 feet of overhead powerlines (or other overhead obstructions) 
unless the powerlines have been deenergized. The boom shall be painted 
bright yellow from and including the head sheave to a point 6 feet down 
the boom towards the cab.
    (iv) Standard signals for the operation of cranes shall be 
established for all movements of the crane, in accordance with American 
National Standards B30.2--1943 (reaffirmed 1968) and B30.2.0--1967.
    (v) Only one member of the crew shall be authorized to give signals 
to the crane operator.
    (vi) All cranes shall be equipped with a suitable warning device 
such as a horn or whistle.
    (vii) A sheave guard shall be provided beneath the head sheave of 
the boom.
    (9) Traffic warning signs or signals. (i) A flagman shall direct the 
movement of cranes or locomotives being moved across railroad tracks or 
roads, and at any points where the vision of the operator is restricted. 
The flagman must always remain in sight of the operator when the crane 
or locomotive is in motion. The blue flag policy shall be used to mark 
stationary cars day and night. This policy shall include marking the 
track in advance of the spotted cars (flag for daytime, light for 
darkness).
    (ii) After cars are spotted for loading or unloading, warning flags 
or signs shall be placed in the center of the track at least 50 feet 
away from the cars and a derail set to protect workmen in the car.
    (10) Illumination. Artificial illumination shall be provided when 
loading or unloading is performed after dark, in accordance with 
American National Standard A11.1--1965 (R--1970).
    (11) [Reserved]
    (12) Barking devices. When barking drums are employed in the yard, 
the requirements of paragraph (e)(12) of this section shall apply.
    (13) Hand tools. Handles of wood hooks shall be locked to the shank 
to prevent them from rotating.
    (14) Removal of pulpwood. (i) The ends of a woodpile shall be 
properly sloped and cross-tiered into the pile. Upright poles shall not 
be used at the ends of woodpiles. To knock down wood from the woodpile, 
mechanical equipment shall be used to permit employees to keep in the 
clear of loosened wood.
    (ii) If dynamite is used to loosen the pile, only authorized 
personnel shall be permitted to handle and discharge the explosive. An 
electric detonator is preferable for firing; if a fuse is used, it shall 
be an approved safety fuse with a burning rate of not less than 120 
seconds per yard and a minimum length of 3 feet, in accordance with 
Safety in the Handling and Use of Explosives, IME Pamphlet No. 17, July 
1960.

[[Page 702]]

    (15) Belt conveyors. (i) The sides of the conveyor shall be 
constructed so that the wood will not fall off.
    (ii) Where conveyors cross passageways or roadways, a horizontal 
platform shall be provided under the conveyor, extended out from the 
sides of the conveyor a distance equal to 1\1/2\ times the length of the 
wood handled. The platform shall extend the width of the road plus 2 
feet (61 cm) on each side, and shall be kept free of wood and rubbish. 
The edges of the platform shall be provided with toeboards or other 
protection that meet the requirements of subpart D of this part, to 
prevent wood from falling.
    (iii) All conveyors for pulpwood shall have the inrunning nips 
between chain and sprockets guarded; also, turning drums shall be 
guarded.
    (iv) Every belt conveyor shall have an emergency stop cable 
extending the length of the conveyor so that it may be stopped from any 
location along the line, or conveniently located stop buttons within 10 
feet of each work station, in accordance with American National Standard 
B20.1--1957.
    (16) Signs. When conveyors cross walkways or roadways in the yards, 
the employer must erect signs reading ``Danger--Overhead Conveyor'' or 
an equivalent warning, in accordance with ANSI Z35.1-1968 or ANSI 
Z535.2-2011, incorporated by reference in Sec.  1910.6.
    (d) Handling and storage of raw materials other than pulpwood or 
pulp chips--(1) Personal protective equipment. Whenever possible, all 
dust, fumes, and gases incident to handling materials shall be 
controlled at the source, in accordance with American National Standard 
Z9.2--1960. Where control at the source is not possible, respirators 
with goggles or protective masks shall be provided, and employees shall 
wear them when handling alum, clay, soda ash, lime, bleach powder, 
sulfur, chlorine, and similar materials, and when opening rag bales.
    (2) Clearance. (i) When materials are being piled inside a building 
and upon platforms, an aisle clearance at least 3 feet greater than the 
widest truck in use shall be provided.
    (ii) Baled paper and rags stored inside a building shall not be 
piled closer than 18 inches to walls, partitions, or sprinkler heads.
    (3) Piling and unpiling pulp. (i) Piles of wet lap pulp (unless 
palletized) shall be stepped back one-half the width of the sheet for 
each 8 feet of pile height. Sheets of pulp shall be interlapped to make 
the pile secure. Pulp shall not be piled over pipelines to jeopardize 
pipes, or so as to cause overloading of floors, or to within 18 inches 
below sprinkler heads.
    (ii) Piles of pulp shall not be undermined when being unpiled.
    (iii) Floor capacities shall be clearly marked on all floors.
    (4)(i) [Reserved]
    (ii) Where rolls are pyramided two or more high, chocks shall be 
installed between each roll on the floor and at every row. Where pulp 
and paper rolls are stored on smooth floors in processing areas, rubber 
chocks with wooden core shall be used.
    (iii) When rolls are decked two or more high, the bottom rolls shall 
be chocked on each side to prevent shifting in either direction.
    (e) Preparing pulpwood--(1) Gang and slasher saws. A guard shall be 
provided in front of all gang and slasher saws to protect workers from 
wood thrown by saws. A guard shall be placed over tail sprockets.
    (2) Slasher tables. Saws shall be stopped and power switches shall 
be locked out and tagged whenever it is necessary for any person to be 
on the slasher table.
    (3) [Reserved]
    (4) Runway to the jack ladder. The runway from the pond or unloading 
dock to the table shall be protected with standard handrails and 
toeboards. Inclined portions shall have cleats or equivalent nonslip 
surfacing that complies with subpart D of this part. Protective 
equipment shall be provided for persons working over water.
    (5) Guards below table. Where not protected by the frame of the 
machine, the underside of the slasher saws shall be enclosed with 
guards.
    (6) Conveyors. The requirements of paragraph (c)(15)(iv) of this 
section shall apply.
    (7) [Reserved]

[[Page 703]]

    (8) Barker feed. Each barker shall be equipped with a feed and 
turnover device which will make it unnecessary for the operator to hold 
a bolt or log by hand during the barking operation. Eye, ear, and head 
protection shall be provided for the operator, in accordance with 
paragraph (b)(2) of this section.
    (9) [Reserved]
    (10) Stops. All control devices shall be locked out and tagged when 
knives are being changed.
    (11) Speed governor. Water wheels, when directly connected to barker 
disks or grinders, shall be provided with speed governors, if operated 
with gate wide open.
    (12) Continuous barking drums. (i) When platforms or floors allow 
access to the sides of the drums, a standard railing shall be 
constructed around the drums. When two or more drums are arranged side 
by side, proper walkways with standard handrails shall be provided 
between each set, in accordance with the requirements of 29 CFR 1910.23, 
Guarding floor and wall openings and holes.
    (ii) Sprockets and chains, gears, and trunnions shall have standard 
guards, in accordance with the requirements of 29 CFR 1910.219, 
Mechanical power-transmission apparatus.
    (iii) Whenever it becomes necessary for a workman to go within a 
drum, the driving mechanism shall be locked and tagged, at the main 
disconnect switch, in accordance with paragraph (b)(1) of this section.
    (13) Intermittent barking drums. In addition to motor switch, 
clutch, belt shifter, or other power disconnecting device, intermittent 
barking drums shall be equipped with a device which may be locked to 
prevent the drum from moving while it is being emptied or filled.
    (14) Hydraulic barkers. Hydraulic barkers shall be enclosed with 
strong baffles at the inlet and the outlet. The operator shall be 
protected by at least five-ply laminated glass.
    (15) Splitter block. The block upon or against which the wood is 
rested shall have a corrugated surface or other means provided that the 
wood will not slip. Wood to be split, and also the splitting block, 
shall be free of ice, snow, or chips. The operator shall be provided 
with eye and foot protection. A clear and unobstructed view shall be 
maintained between equipment and workers around the block and the 
workers' help area.
    (16) Power control. Power for the operation of the splitter shall be 
controlled by a clutch or equivalent device.
    (17) Knot cleaners. The operators of knot cleaners of the woodpecker 
type shall wear eye protection equipment.
    (18) Chipper spout. The feed system to the chipper spout shall be 
arranged in such a way that the operator does not stand in a direct line 
with the chipper spout. All chipper spouts shall be enclosed to a height 
of at least 42 inches from the floor or operator's platform. When other 
protection is not sufficient, the operator shall wear a safety belt 
line. The safety belt line shall be fastened in such a manner as to make 
it impossible for the operator to fall into the throat of the chipper. 
Ear protection equipment shall be worn by the operator and others in the 
immediate area if there is any possibility that the noise level may be 
harmful (see Sec.  1910.95).
    (19) Carriers for knives. Carriers shall be provided and used for 
transportation of knives.
    (f) Rag and old paper preparation--(1) Ripping and trimming tools. 
(i) Hand knives and scissors shall have blunt points, shall be fastened 
to the table with chain or thong, and shall not be carried on the person 
but placed safely in racks or sheaths when not in use.
    (ii) Hand knives and sharpening steels shall be provided with guards 
at the junction of the handle and the blade.
    (2) Shredders, cutters, and dusters. (i) Rotating heads or cylinders 
shall be completely enclosed except for an opening at the feed side 
sufficient to permit only the entry of stock. The enclosure shall extend 
over the top of the feed rolls. It shall be constructed either of solid 
material or with mesh or openings not exceeding one-half inch and 
substantial enough to contain flying particles and prevent accidental 
contact with moving parts. The enclosure shall be bolted or locked into 
place.
    (ii) A smooth-pivoted idler roll resting on the stock or feed table 
shall be

[[Page 704]]

provided in front of feed rolls except when arrangements prevent the 
operator from standing closer than 36 inches to any part of the feed 
rolls.
    (iii) Any manually fed cutter, shredder, or duster shall be provided 
with an idler roll as per subdivision (ii) of this subparagraph or the 
operator shall use special hand-feeding tools.
    (iv) Hoods of cutters, shredders, and dusters shall have exhaust 
ventilation, in accordance with American National Standard Z9.2--1960.
    (3) Blowers. (i) Blowers used for transporting rags shall be 
provided with feed hoppers having outer edges located not less than 48 
inches from the fan.
    (ii) The arrangement of the blower discharge outlets and work areas 
shall be such as to prevent material from falling on workers.
    (4) Conveyors. Conveyors and conveyor drive belts and pulleys shall 
be fully enclosed or, if open and within 7 feet of the floor, shall be 
constructed and guarded in accordance with paragraph (c)(15) of this 
section and American National Standards B15.1--1953 (Reaffirmed 1958) 
and B20.1--1957.
    (5) Dust. Measures for the control of dust shall be provided, in 
accordance with American National Standards Z33.1--1961, Z87.1--1968, 
and Z88.2--1969.
    (6) Rag cookers. (i) When cleaning, inspection, or other work 
requires that persons enter rag cookers, all steam and water valves, or 
other control devices, shall be locked and tagged in the closed or 
``off'' position. Blank flanging of pipelines is acceptable in place of 
closed and locked valves.
    (ii) When cleaning, inspection, or other work requires that persons 
must enter the cooker, one person shall be stationed outside in a 
position to observe and assist in case of emergency, in accordance with 
paragraph (b)(5) of this section.
    (iii) [Reserved]
    (iv) Rag cookers shall be provided with safety valves in accordance 
with the ASME Boiler and Pressure Vessel Code, Section VIII, Unfired 
Pressure Vessels--1968, with Addenda.
    (g) Chemical processes of making pulp--(1) Sulfur burners. (i) 
Sulfur-burner houses shall be safely and adequately ventilated, and 
every precaution shall be taken to guard against dust explosion hazards 
and fires, in accordance with American National Standards Z9.2--1960 and 
Z12.12--1968.
    (ii) Nonsparking tools and equipment shall be used in handling dry 
sulfur.
    (iii) Sulfur storage bins shall be kept free of sulfur dust 
accumulation, in accordance with American National Standard Z9.2--1960.
    (iv) Sulfur-melting equipment shall not be located in the burner 
room.
    (2) Protection for employees (acid plants). (i) Supplied air 
respirators shall be strategically located for emergency and rescue use.
    (ii) The worker shall be provided with eye protection, a supplied 
air respirator and a personal fall protection system that meets the 
requirements of subpart I of this part, during inspection, repairs or 
maintenance of acid towers. The line shall be extended to an attendant 
stationed outside the tower opening.
    (3) Acid tower structure. Outside elevators shall be inspected daily 
during winter months when ice materially affects safety. Elevators, 
runways, stairs, etc., for the acid tower shall be inspected monthly for 
defects that may occur because of exposure to acid or corrosive gases.
    (4) Tanks (acid). (i) Tanks shall be free of acid and shall be 
washed out with water, and fresh air shall be blown into them before 
allowing men to enter. Men entering the tanks shall be provided with 
supplied air respirators, lifebelts, and attached lifelines.
    (ii) A man shall be stationed outside to summon assistance if 
necessary. All intake valves to a tank shall be blanked off or 
disconnected.
    (5) Clothing. Where lime slaking takes place, employees shall be 
provided with rubber boots, rubber gloves, protective aprons, and eye 
protection. A deluge shower and eye fountain shall be provided to flush 
the skin and eyes to counteract lime or acid burns.
    (6) Lead burning. When lead burning is being done within tanks, 
fresh air shall be forced into the tanks so that fresh air will reach 
the face of the worker first and the direction of the current will never 
be from the source of the fumes toward the face of the workers. Supplied 
air respirators (constant-flow type) shall be provided.

[[Page 705]]

    (7) Hoops for acid storage tanks. Hoops of tanks shall be made of 
rods rather than flat strips and shall be safely maintained by scheduled 
inspections.
    (8) Chip and sawdust bins. Steam or compressed-air lances, or other 
facilities, shall be used for breaking down the arches caused by jamming 
in chip lofts. No worker shall be permitted to enter a bin unless 
provided with a safety belt, with line attached, and an attendant 
stationed at the bin to summon assistance.
    (9) Exits (digester building). At least one unobstructed exit at 
each end of the room shall be provided on each floor of a digester 
building.
    (10) Gas masks (digester building). Gas masks must be available, and 
they must furnish adequate protection against sulfurous acid and 
chlorine gases and be inspected and repaired in accordance with 29 CFR 
1910.134.
    (11) Elevators. (i) Elevators shall be constructed in accordance 
with American National Standard A17.1--1965.
    (ii) Elevators shall be equipped with gas masks for the maximum 
number of passengers.
    (iii) Elevators shall be equipped with an alarm system to advise of 
failure.
    (12) Blowoff valves and piping. (i) The blowoff valve of a digester 
shall be arranged so as to be operated from another room, remote from 
safety valves.
    (ii) Through bolts instead of cap bolts shall be used on all 
digester pipings.
    (iii) Heavy duty pipe, valves, and fittings shall be used between 
the digester and blow pit. These valves, fittings, and pipes shall be 
inspected at least semiannually to determine the degree of 
deterioration.
    (iv) Digester blow valves shall be pinned or locked in closed 
position throughout the entire cooking period.
    (13) Blow pits and blow tanks. (i) Blow-pit openings preferably 
shall be on the side of the pit instead of on the top. Openings shall be 
as small as possible when located on top, and shall be protected in 
accordance with subpart D of this part.
    (ii) A specially constructed ladder shall be used for access to blow 
pits, to be constructed so that the door of the blow pit cannot be 
closed when the ladder is in place; other means shall be provided to 
prevent the closing of the pit door when anyone is in the pit.
    (iii) A signaling device shall be installed in the digester and 
blow-pit rooms and chip bins to be operated as a warning before and 
while digesters are being blown.
    (iv) Blow-pit hoops shall be maintained in a safe condition.
    (14) Blowing digester. (i) Blowoff valves shall be opened slowly.
    (ii) After the digester has started to be blown, the blowoff valve 
shall be left open, and the hand plate shall not be removed until the 
digester cook signals the blow-pit man that the blow is completed. 
Whenever it becomes necessary to remove the hand plate to clear stock, 
operators shall wear eye protection equipment and protective clothing to 
guard against burns from hot stock.
    (iii) Means shall be provided whereby the digester cook shall signal 
the man in the chip bin before starting to load the digester.
    (15) Inspecting and repairing digester. (i) Valves controlling lines 
leading into a digester shall be locked out and tagged. The keys to the 
locks shall be in the possession of a person or persons doing the 
inspecting or making repairs.
    (ii) Fresh air shall be blown into the digester constantly while 
workmen are inside. Supplied air respirators shall be available in the 
event the fresh air supply fails or is inadequate.
    (iii) No inspector shall enter a digester unless a lifeline is 
securely fastened to his body by means of a safety belt and at least one 
other experienced employee is stationed outside the digester to handle 
the line and to summon assistance. All ladders and lifelines shall be 
inspected before each use.
    (iv) All employees entering digesters for inspection or repair work 
shall be provided with protective headgear. Eye protection and dust 
masks shall be provided to workmen while the old brick lining is being 
removed, in accordance with American National Standards, Z87.1--1968, 
Z88.2--1969, and Z99.1--1969.
    (16) Pressure tanks-accumulators (acid). (i) Safety regulations 
governing inspection and repairing of pressure tanks-accumulators (acid) 
shall be the same as those specified in subparagraph (15) of this 
paragraph.

[[Page 706]]

    (ii) The pressure tanks-accumulators shall be inspected twice 
annually. (See the ASME Boiler and Pressure Vessel Code, Section VIII, 
Unfired Pressure Vessels--1968, with Addenda.)
    (17) Pressure vessels (safety devices). (i) A safety valve shall be 
installed in a separate line from each pressure vessel; no hand valve 
shall be installed between this safety valve and the pressure vessel. 
Safety valves shall be checked between each cook to be sure they have 
not become plugged or corroded to the point of being inoperative. (See 
the ASME Boiler and Pressure Vessel Code, Section VIII, Unfired Pressure 
Vessels--1968, with Addenda.)
    (ii) All safety devices shall conform to Paragraph U-2 in the ASME 
Boiler and Pressure Vessel Code, Section VIII, Unfired Pressure 
Vessels--1968, with Addenda.
    (18) Miscellaneous. Insofar as the processes of the sulfate and soda 
operations are similar to those of the sulfite processes, the standard 
of paragraphs (g) (1) through (17) of this section shall apply.
    (i) Quick operating showers, bubblers, etc., shall be available for 
emergency use in case of caustic soda burns.
    (ii) Rotary tenders, smelter operators, and those cleaning smelt 
spouts shall be provided with eye protection equipment (fitted with 
lenses that filter out the harmful rays emanating from the light source) 
when actively engaged in their duties, in accordance with American 
National Standard Z87.1--1968.
    (iii) Heavy-duty pipe, valves, and fittings shall be used between 
digester and blow pit. These shall be inspected at least semiannually to 
determine the degree of deterioration and repaired or replaced when 
necessary, in accordance with American National Standards B31.1--1955, 
B31.1a--1963, B31.1.0--1967, and B31.2--1968.
    (iv) Smelt-dissolving tanks shall be covered and the cover kept 
closed, except when samples are being taken.
    (v) Smelt tanks shall be provided with vent stacks and explosion 
doors, in accordance with American National Standard Z9.1--1951.
    (19) Blow lines.
    (i)-(ii) [Reserved]
    (iii) When blow lines from more than one digester lead into one 
pipe, the cock or valve of the blow line from the tank being inspected 
or repaired shall be locked or tagged out, or the line shall be 
disconnected and blocked off.
    (20) Furnace room. Exhaust ventilation shall be provided where niter 
cake is fed into a rotary furnace and shall be so designed and 
maintained as to keep the concentration of hydrogen sulfide gas below 
the parts per million listed in Sec.  1910.1000.
    (21) Inspection and repair of tanks. All piping leading to tanks 
shall be blanked off or valved and locked or tagged. Any lines to sewers 
shall be blanked off to protect workers from air contaminants.
    (22) Welding. Welding on blow tanks, accumulator tanks, or any other 
vessels where turpentine vapor or other combustible vapor could gather 
shall be done only after the vessel has been completely purged of fumes. 
Fresh air shall be supplied workers inside of vessels.
    (23) Turpentine systems and storage tanks. Nonsparking tools and 
ground hose shall be used when pumping out the tank. The tank shall be 
surrounded by a berm or moat.
    (h) Bleaching--(1) Bleaching engines. Bleaching engines, except the 
Bellmer type, shall be completely covered on the top, with the exception 
of one small opening large enough to allow filling, but too small to 
admit an employee. Platforms leading from one engine to another shall 
have standard guardrails that meet the requirements in subpart D of this 
part.
    (2) Bleach mixing rooms. (i) The room in which the bleach powder is 
mixed shall be provided with adequate exhaust ventilation, located at 
the floor level, in accordance with American National Standard Z9.1--
1951.
    (ii) Chlorine gas shall be carried away from the work place and 
breathing area by an exhaust system. The gas shall be rendered neutral 
or harmless before being discharged into the atmosphere. The 
requirements of American National Standard Z9.2--1960 shall apply to 
this subdivision.
    (iii) For emergency and rescue operations, the employer must provide 
employees with self-contained breathing apparatuses or supplied-air 
respirators, and ensure that employees use these

[[Page 707]]

respirators, in accordance with the requirements of 29 CFR 1910.134.
    (3) Liquid chlorine. (i) Tanks of liquid chlorine shall be stored in 
an adequately ventilated unoccupied room, where their possible leakage 
cannot affect workers.
    (ii) Gas masks capable of absorbing chlorine shall be supplied, 
conveniently placed, and regularly inspected, and workers who may be 
exposed to chlorine gas shall be instructed in their use.
    (iii) For emergency and rescue work, independent self-contained 
oxygen-type masks or supplied air equipment shall be provided.
    (iv) At least two exits, remote from each other, shall be provided 
for all rooms in which chlorine is stored.
    (v) Spur tracks upon which tank cars containing chlorine and caustic 
are spotted and connected to pipelines shall be protected by means of a 
derail in front of the cars.
    (vi) All chlorine, caustic, and acid lines shall be marked for 
positive identification, in accordance with American National Standard 
A13.1--1967.
    (4) Bagged or drummed chemicals. Bagged or drummed chemicals require 
efficient handling to prevent damage and spillage. Certain oxidizing 
chemicals used in bleaching pulp and also in some sanitizing work 
require added precautions for safety in storage and handling. In 
storage, these chemicals must be isolated from combustible materials and 
other chemicals with which they will react such as acids. They must also 
be kept dry, clean and uncontaminated.
    (i) Mechanical pulp process--(1) Pulp grinders. (i) Water wheels 
directly connected to pulp grinders shall be provided with speed 
governors limiting the peripheral speed of the grinder to that 
recommended by the manufacturer.
    (ii) Doors of pocket grinders shall be arranged so as to keep them 
from closing accidentally.
    (2) Butting saws. Hood guards shall be provided on butting saws, in 
accordance with American National Standard O1.1--1954 (reaffirmed 1961).
    (3) Floors and platforms. The requirements of paragraph (b)(3) of 
this section shall apply.
    (4) Personal protection. Persons exposed to falling material shall 
wear eye, head, foot, and shin protection equipment, in accordance with 
American National Standards Z87.1--1968, Z88.2--1969, Z89.1--1969, and 
Z41.1--1967.
    (j) Stock preparation--(1) Pulp shredders. (i) Cutting heads shall 
be completely enclosed except for an opening at the feed side sufficient 
to permit only entry of stock. The enclosure shall be bolted or locked 
in place. The enclosure shall be of solid material or with mesh or other 
openings not exceeding one-half inch.
    (ii) Either a slanting feed table with its outer edge not less than 
36 inches from the cutting head or an automatic feeding device shall be 
provided.
    (iii) Repairs for cleaning of blockage shall be done only when the 
shredder is shutdown and control devices locked.
    (2) Pulp conveyors. Pulp conveyors and conveyor drive belts and 
pulleys shall be fully enclosed, or if open and within 7 feet of the 
floor, shall be constructed and guarded in accordance with American 
National Standard B20.1--1957.
    (3) [Reserved]
    (4) Beaters. (i) Beater rolls shall be provided with covers.
    (ii) When cleaning, inspecting, or other work requires that persons 
enter the beaters, all control devices shall be locked or tagged out, in 
accordance with paragraph (b)(4) of this section.
    (iii) When beaters are fed from the floor above, the chute opening, 
if less than 42 inches (1.06 m) from the floor, shall be provided with a 
guardrail system that meets the requirements in subpart D of this part, 
or other equivalent enclosures. Openings for manual feeding shall be 
sufficient only for entry of stock, and shall be provided with at least 
two permanently secured crossrails or other fall protection system that 
meet the requirements in subpart D.
    (iv) [Reserved]
    (v) Floors around beaters shall be provided with sufficient drainage 
to remove wastes.
    (5) Pulpers. (i) All pulpers having the top or any other opening of 
a vessel less than 42 inches (107 cm) from the floor or work platform 
shall have such openings guarded by guardrail systems

[[Page 708]]

that meet the requirements in subpart D of this part, or other 
equivalent enclosures. For manual changing, openings shall be sufficient 
only to permit the entry of stock, and shall be provided with at least 
two permanently secured crossrails, or other fall protection systems 
that meet the requirements in subpart D.
    (ii) When cleaning, inspecting, or other work requires that persons 
enter the pulpers, they shall be equipped with safety belt and lifeline, 
and one person shall be stationed outside at a position to observe and 
assist in case of emergency.
    (iii) When cleaning, inspecting, or other work requires that persons 
enter pulpers, all steam, water, or other control devices shall be 
locked or tagged out. Blank flanging and tagging of pipe lines is 
acceptable in place of closed and locked or tagged valves. Blank 
flanging of steam and water lines shall be acceptable in place of valve 
locks.
    (6) Stock chests. (i) All control devices shall be locked or tagged 
out when persons enter stock chests, in accordance with paragraph (b)(4) 
of this section.
    (ii) When cleaning, inspecting, or other work requires that persons 
enter stock chests, they shall be provided with a low-voltage extension 
light.
    (k) Machine room--(1) Emergency stops. Paper machines shall be 
equipped with devices that will stop the machine quickly in an 
emergency. The devices shall consist of push buttons for electric motive 
power (or electrically operated engine stops), pull cords connected 
directly to the prime mover, control clutches, or other devices, 
interlocked with adequate braking action. The devices shall be tested 
periodically by making use of them when stopping the machine and shall 
be so located that any person working on the machine can quickly 
disconnect the machine from the source of power in case of emergency.
    (2) Drives. (i) All drives shall be provided with lockout devices at 
the power switch which interrupts the flow of current to the unit.
    (ii) All ends of rotating shafts including dryer drum shafts shall 
be completely guarded.
    (iii) All accessible disengaged doctor blades should be covered.
    (iv) All exposed shafts shall be guarded. Crossovers shall be 
provided.
    (v) Oil cups and grease fittings shall be placed in a safe area 
remote from nip and heat hazards.
    (3) Protective equipment. Face shields, aprons, and rubber gloves 
shall be provided for workmen handling acids in accordance with 
paragraphs (b)(2) and (d)(1) of this section.
    (4)-(5) [Reserved]
    (6) Steps. Steps of uniform rise and tread with nonslip surfaces 
that meet the requirements in subpart D of this part shall be provided 
at each press.
    (7) Plank walkways. A removable plank shall be provided along each 
press, with standard guardrails installed. The planks shall have nonslip 
surfaces in accordance with paragraph (b)(3) of this section.
    (8) Dryer lubrication. If a gear bearing must be oiled while the 
machine is in operation, an automatic oiling device to protect the oiler 
shall be provided, or oil cups and grease fittings shall be placed along 
the walkways out of reach of hot pipes and dryer gears.
    (9) Levers. All levers carrying weights shall be constructed so that 
weights will not slip or fall off.
    (10) First dryer. Either a permanent guardrail or apron guard or 
both shall be installed in front of the first dryer in each section in 
accordance with paragraph (b)(1) of this section.
    (11) Steam and hot-water pipes. All exposed steam and hot-water 
pipes within 7 feet of the floor or working platform or within 15 inches 
measured horizontally from stairways, ramps, or fixed ladders shall be 
covered with an insulating material, or guarded in such manner as to 
prevent contact.
    (12) Dryer gears. Dryer gears shall be guarded excepting where the 
oilers' walkway is removed out of reach of the gears' nips and spokes 
and hot pipes in accordance with American National Standard B15.1--1953 
(reaffirmed 1958).
    (i) A guardrail shall be provided at broke holes in accordance with 
Sec.  1910.23.
    (13) Broke hole. (i) A guardrail that complies with subpart D of 
this part shall be provided at broke holes.
    (ii) Where pulpers are located directly below the broke hole on a 
paper machine and where the broke hole

[[Page 709]]

opening is large enough to permit a worker to fall through, any employee 
pushing broke down the hole shall wear a safety belt attached to a 
safety belt line. The safety belt line shall be fastened in such a 
manner that it is impossible for the person to fall into the pulper.
    (iii) An alarm bell or a flashing light shall be actuated before 
dropping material through the broke hole.
    (14) Feeder belt. A feeder belt or other effective device shall be 
provided for starting paper through the calender stack.
    (15) Steps. Steps or ladders that comply with subpart D of this part 
and tread with nonslip surfaces shall be provided at each calendar 
stack. Handrails and hand grips complying with subpart D shall be 
provided at each calendar stack.
    (16) [Reserved]
    (17) Sole plates. All exposed sole plates between dryers, calenders, 
reels, and rewinders shall have a nonskid surface.
    (18) Nip points. The hazard of the nip points on all calender rolls 
shall be eliminated or minimized by means of an effective barrier 
device, or by feeding the paper into the rolls by means of a rope 
carrier, air jets, or hand feeding devices.
    (19) Platforms. [Reserved]
    (20) Scrapers. Alloy steel scrapers with pullthrough blades 
approximately 3 by 5 inches in size shall be used to remove ``scabs'' 
from calender rolls.
    (21) Illumination. Permanent lighting shall be installed in all 
areas where employees are required to make machine adjustments and sheet 
transfers in accordance with the American National Standard A11.1--1965 
(R 1970).
    (22) Control panels. All control panel handles and buttons shall be 
protected from accidental contact.
    (23) [Reserved]
    (24) Lifting reels. (i) The reels shall stop rotating before being 
lifted from bearings.
    (ii) All lifting equipment (clamps, cables, and slings) shall be 
maintained in a safe condition and inspected regularly.
    (iii) Reel shafts with square block ends shall be guarded.
    (25) Feeder belts. Feeder belts, carrier ropes, air carriage, or 
other equally effective means shall be provided for starting paper into 
the nip or drum-type reels.
    (26) Inrunning nip. (i) Where the nipping points of all drum winders 
and rewinders is on the operator's side, it shall be guarded by barrier 
guards interlocked with the drive mechanism.
    (ii) [Reserved]
    (27) Core collars. Set screws for securing core collars to winding 
and unwinding shafts shall not protrude above the face of the collar. 
All edges of the collar with which an operator's hand comes in contact 
shall be beveled to remove all sharp corners.
    (28) Slitter knives. Slitter knives shall be guarded so as to 
prevent accidental contact. Carriers shall be provided and used for 
transportation of slitter knives.
    (29) Winder shaft. The winder shall have a guide rail to align the 
shaft for easy entrance into the opened rewind shaft bearing housings.
    (30) Core shaft. When the core shaft weighs in excess of the safe 
standard, a mechanical device such as a dolly shall be provided for 
carrying all or part of the weight when it is being removed from the set 
of paper and placed in the dressing brackets on the winder.
    (31) Winder area. A nonskid surface shall be provided in the front 
vicinity of the winder to prevent accidental slipping.
    (32) Radiation. Special standards regarding the use of radiation 
equipment shall be posted and followed as required by Sec.  1910.96.
    (l) Finishing room--(1) Cleaning rolls. Rolls shall be cleaned only 
on the outrunning side.
    (2) Emergency stops. Electrically or manually operated quick power 
disconnecting devices, interlocked with braking action, shall be 
provided on all operating sides of the machine within easy reach of all 
employees. These devices shall be tested by making use of them when 
stopping the machine.
    (3) Core collars. The requirements of paragraph (k)(27) of this 
section and the American National Standard B15.1--1953 (reaffirmed 1958) 
shall apply.
    (4) Elevators. These shall be in accordance with American National 
Standard A17.1--1965.

[[Page 710]]

    (5) Control panels. The requirements of paragraph (k)(22) of this 
section shall apply.
    (6) Guillotine-type cutters. (i) Each guillotine-type cutter shall 
be equipped with a control which requires the operator and his helper, 
if any, to use both hands to engage the clutch.
    (ii) Each guillotine-type cutter shall be equipped with a nonrepeat 
device.
    (iii) Carriers shall be provided and used for transportation of 
guillotine-type cutter knives.
    (7) Rotary cutter. (i) On single-knife machines a guard shall be 
provided at a point of contact to the knife.
    (ii) On duplex cutters the protection required for single-knife 
machines shall be provided for the first knife, and a hood shall be 
provided for the second knife.
    (iii) Safe access shall be provided to the knives of a rotary cutter 
by means of catwalks with nonslip surfaces, railings, and toeboards in 
accordance with paragraph (b)(3) of this section.
    (iv) A guard shall be provided for the spreader or squeeze roll at 
the nip side on sheet cutters.
    (v) Electrically or manually operated quick power disconnecting 
devices with adequate braking action shall be provided on all operating 
sides of the machine within easy reach of all operators.
    (vi) The outside slitters shall be guarded.
    (8) Platers. (i) A guard shall be arranged across the face of the 
rolls to serve as a warning that the operator's hand is approaching the 
danger zone.
    (ii) A quick power disconnecting device shall be installed on each 
machine within easy reach of the operator.
    (9) Finishing room rewinders. (i) The nipping points of all drum 
winders and rewinders located on the operator's side shall be guarded by 
either automatic or manually operated barrier guards of sufficient 
height to protect fully anyone working around them. The barrier guard 
shall be interlocked with the drive mechanism to prevent operating above 
jog speed without the guard in place.

A zero speed switch should be installed to prevent the guard from being 
raised while the roll is turning.
    (ii) A nonskid surface shall be provided in front of the rewinder to 
prevent an employee from slipping in accordance with paragraph (b)(3) of 
this section.
    (iii) Mechanical lifting devices shall be provided for placing and 
removing rolls from the machine.
    (10) Control panels. The requirements of paragraph (k)(22) of this 
section shall apply.
    (11) Roll-type embosser. The nipping point located on the operator's 
side shall be guarded by either automatic or manually operated barrier 
guards interlocked with the drive.
    (12) Sorting and counting tables. (i) Tables shall be smooth and 
free from splinters, with edges and corners rounded.
    (ii) Paddles shall be smooth and free from splinters.
    (13) Roll splitters. The nip point and cutter knife shall be guarded 
by either automatic or manually operated barrier guards.
    (m) Materials handling--(1) Hand trucks. No person shall be 
permitted to ride on a powered hand truck unless it is so designed by 
the manufacturer. A limit switch shall be on operating handle--30 
degrees each way from a 45-degree angle up and down.
    (2) [Reserved]
    (3) Cartons. The carton-stitching machine shall be guarded to 
prevent the operator from coming in contact with the stitching head.
    (4) [Reserved]
    (5) Unloading cars. Flag signals, derails, or other protective 
devices shall be used to protect men during switching operations. The 
blue flag policy shall be invoked according to paragraph (c)(9)(i) of 
this section.

[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 43 
FR 49751, Oct. 24, 1978; 49 FR 5323, Feb. 10, 1984; 55 FR 32015, Aug. 6, 
1990; 61 FR 9241, Mar. 7, 1996; 63 FR 1285, Jan. 8, 1998; 63 FR 33467, 
June 18, 1998; 72 FR 71070, Dec. 14, 2007; 76 FR 80739, Dec. 27, 2011; 
78 FR 35566, June 13, 2013; 81 FR 83005, Nov. 18, 2016]



Sec.  1910.262  Textiles.

    (a) Application requirements--(1) Application. The requirements of 
this subpart for textile safety apply to the design, installation, 
processes, operation, and maintenance of textile machinery,

[[Page 711]]

equipment, and other plant facilities in all plants engaged in the 
manufacture and processing of textiles, except those processes used 
exclusively in the manufacture of synthetic fibers.
    (2) Standards incorporated by reference. Standards covering issues 
of occupational safety and health which are of general application 
without regard to any specific industry are incorporated by reference in 
paragraphs of this section and made applicable to textiles. All such 
standards shall be construed according to the rules of construction set 
out in Sec.  1910.5.
    (b) Definitions applicable to this section--(1) Belt shifter. A belt 
shifter is a device for mechanically shifting a belt from one pulley to 
another.
    (2) Belt shifter lock. A belt shifter lock is a device for 
positively locking the belt shifter in position while the machine is 
stopped and the belt is idling on the loose pulleys.
    (3) Calender. A calender in essence consists of a set of heavy 
rollers mounted on vertical side frames and arranged to pass cloth 
between them. Calenders may have two to ten rollers, or bowls, some of 
which can be heated.
    (4) Embossing calender. An embossing calender is a calender with two 
or more rolls, one of which is engraved for producing figured effects of 
various kinds on a fabric.
    (5) Cans (drying). Drying cans are hollow cylindrical drums mounted 
in a frame so they can rotate. They are heated with steam and are used 
to dry fabrics or yarn as it passes around the perimeter of the can.
    (6) Carbonizing. Carbonizing means the removing of vegetable matter 
such as burns, straws, etc., from wool by treatment with acid, followed 
by heat. The undesired matter is reduced to a carbon-like form which may 
be removed by dusting or shaking.
    (7) Card. A card machine consists of cylinders of various sizes--and 
in certain cases flats--covered with card clothing and set in relation 
to each other so that fibers in staple form may be separated into 
individual relationship. The speed of the cylinders and their direction 
of rotation varies. The finished product is delivered as a sliver. Cards 
of different types are: The revolving flat card, the roller-and-clearer 
card, etc.
    (8) Card clothing. Card clothing is the material with which many of 
the surfaces of a card are covered; e.g., the cylinder, doffer, etc. It 
consists of a thick foundation material, usually made of textile 
fabrics, through which are pressed many fine, closely spaced, specially 
bent wires.
    (9) Comber. A comber is a machine for combing fibers of cotton, 
wool, etc. The essential parts are a device for feeding forward a fringe 
of fibers at regular intervals and an arrangement of combs or pins 
which, at the right time, pass through the fringe. All tangled fibers, 
short fibers, and neps are removed and the long fibers are laid 
parallel.
    (10) Combing machinery. Combing machinery is a general 
classification, including combers, sliver lap machines, ribbon lap 
machines, and gill boxes, but excluding cards.
    (11) Cutter (rotary staple). A rotary staple cutter is a machine 
consisting of one or more rotary blades used for the purpose of cutting 
textile fibers into staple lengths.
    (12) Exposed to contact. Exposed to contact shall mean that the 
location of an object, material, nip point, or point of operation is 
such that a person is liable to come in contact with it in his normal 
course of employment.
    (13) Garnett machine. A Garnett machine means any of a number of 
types of machines for opening hard twisted waste of wool, cotton, silk, 
etc. Essentially, such machines consist of a lickerin; one or more 
cylinders, each having a complement worker and stripper rolls; and a 
fancy roll and doffer. The action of such machines is somewhat like that 
of a wool card, but it is much more severe in that the various rolls are 
covered with garnett wire instead of card clothing.
    (14) Gill box. A gill box is a machine used in the worsted system of 
manufacturing yarns. Its function is to arrange the fibers in parallel 
order. Essentially, it consists of a pair of feed rolls and a series of 
followers where the followers move at a faster surface speed and perform 
a combing action.
    (15) Interlock. An interlock is a device that operates to prevent 
the operation of machine while the cover or door of

[[Page 712]]

the machine is open or unlocked, and which will also hold the cover or 
door closed and locked while the machine is in motion.
    (16) Jig (dye). A dye jig is a machine for dyeing piece goods. The 
cloth, at full width, passes from a roller through the dye liquor in an 
open vat and is then wound on another roller. The operation is repeated 
until the desired shade is obtained.
    (17) Kier. A kier is a large metal vat, usually a pressure type, in 
which fabrics may be boiled out, bleached, etc.
    (18) Lapper (ribbon). A ribbon lapper is a machine used to prepare 
laps for feeding a cotton comb; its purpose is to provide a uniform lap 
in which the fibers have been straightened as much as possible.
    (19) Lapper (sliver). A sliver lapper is a machine in which a number 
of parallel card slivers are drafted slightly, laid side by side in a 
compact sheet, and wound into a cylindrical package.
    (20) Loom. A loom is a machine for effecting the interlacing of two 
series of yarns crossing one another at right angles. The warp yarns are 
wound on a warp beam and pass through heddles and reed. The filling is 
shot across in a shuttle and settled in place by reed and lay, and the 
fabric is wound on a cloth beam.
    (21) Mangle (starch). A starch mangle is a mangle that is used 
specifically for starching cotton goods. It commonly consists of two 
large rolls and a shallow open vat with several immersion rolls. The vat 
contains the starch solution.
    (22) Mangle (water). A water mangle is a calender having two or more 
rolls used for squeezing water from fabrics before drying. Water mangles 
also may be used in other ways during the finishing of various fabrics.
    (23) Mule. A mule is a type of spinning frame having a head stock 
and a carriage as its two main sections. The head stock is stationary. 
The carriage is movable and it carries the spindles which draft and spin 
the roving into the yarn. The carriage extends over the whole width of 
the machine and moves slowly toward and away from the head stock during 
the spinning operation.
    (24) Nip. Nip shall mean the point of contact between two in-running 
rolls.
    (25) Openers and pickers. Openers and pickers means a general 
classification which includes breaker pickers, intermediate pickers, 
finisher pickers, single process pickers, multiple process pickers, 
willow machines, card and picker waste cleaners, thread extractors, 
shredding machines, roving waste openers, shoddy pickers, bale breakers, 
feeders, vertical openers, lattice cleaners, horizontal cleaners, and 
any similar machinery equipped with either cylinders, screen section, 
calender section, rolls, or beaters used for the preparation of stock 
for further processing.
    (26) Paddler. A paddler consists of a trough for a solution and two 
or more squeeze rolls between which cloth passes after being passed 
through a mordant or dye bath.
    (27) Point of operation. Point of operation shall mean that part of 
the machine where the work of cutting, shearing, squeezing, drawing, or 
manipulating the stock in any other way is done.
    (28) Printing machine (roller type). A roller printing machine is a 
machine consisting of a large central cylinder, or pressure bowl, around 
the lower part of the perimeter of which is placed a series of engraved 
color rollers (each having a color trough), a furnisher roller, doctor 
blades, etc. The machine is used for printing fabrics.
    (29) Ranges (bleaching continuous). Continuous bleaching ranges are 
of several types and may be made for cloth in rope or open-width form. 
The goods, after wetting out, pass through a squeeze roll into a 
saturator containing a solution of caustic soda and then to an enclosed 
J-box. A V-shaped arrangement is attached to the front part of the J-box 
for uniform and rapid saturation of the cloth with steam before it is 
packed down in the J-box. The cloth, in a single strand rope form, 
passes over a guide roll down the first arm of the ``V'' and up the 
second. Steam is injected into the ``V'' at the upper end of the second 
arm so that the cloth is rapidly saturated with steam at this point. The 
J-box capacity is such that cloth will remain hot for a sufficient time 
to complete the scouring action. It then passes a series of washers with 
a squeeze roll in between. The cloth then passes through a second

[[Page 713]]

set of saturator, J-box, and washer, where it is treated with the 
peroxide solution. By slight modification of the form of the unit, the 
same process can be applied to open-width cloth.
    (30) Range (mercerizing). A mercerizing range consists generally of 
a 3-bowl mangle, a tenter frame, and a number of boxes for washing and 
scouring. The whole setup is in a straight line and all parts operate 
continuously. The combination is used to saturate the cloth with sodium 
hydroxide, stretch it while saturated, and washing out most of the 
caustic before releasing tension.
    (31) Sanforizing machine. A sanforizing machine is a machine 
consisting of a large steam-heated cylinder, an endless, thick, woolen 
felt blanket which is in close contact with the cylinder for most of its 
perimeter, and an electrically heated shoe which presses the cloth 
against the blanket while the latter is in a stretched condition as it 
curves around feed-in roll.
    (32) Shearing machine. A shearing machine is a machine used in 
shearing cloth. Cutting action is provided by a number of steel blades 
spirally mounted on a roller. The roller rotates in close contact with a 
fixed ledger blade. There may be from one to six such rollers on a 
machine.
    (33) Singeing machine. A singeing machine is a machine used 
particularly with cotton; it comprises of a heated roller, plate, or an 
open gas flame. The material is rapidly passed over the roller or the 
plate or through the open gas flame to remove, fuzz or hairiness on yarn 
or cloth by burning.
    (34) Slasher. A slasher is a machine used for applying a size 
mixture to warp yarns. Essentially, it consists of a stand for holding 
section beams, a size box, one or more cylindrical dryers or an enclosed 
hot air dryer, and a beaming end for finding the yarn on the loom beams.
    (35) Solvent (industrial organic). Industrial organic solvent means 
any organic volatile liquid or compound, or any combination of these 
substances which are used to dissolve or suspend a nonvolatile or 
slightly volatile substance for industrial utilization. It shall also 
apply to such substances when used as detergents or cleansing agents. It 
shall not apply to petroleum products when such products are used as 
fuel.
    (36) Tenter frame. A tenter frame is a machine for drying cloth 
under tension. It essentially consists of a pair of endless traveling 
chains fitted with clips of fine pins and carried on tracks. The cloth 
is firmly held at the selvages by the two chains which diverge as they 
move forward so that the cloth is brought to the desired width.
    (37) Warper. A warper is any machine for preparing and arranging the 
yarns intended for the warp of a fabric, specifically, a beam warper.
    (c) General safety requirements--(1) Means of stopping machines. 
Every textile machine shall be provided with individual mechanical or 
electrical means for stopping such machines. On machines driven by belts 
and shafting, a locking-type shifter or an equivalent positive device 
shall be used. On operations where injury to the operator might result 
if motors were to restart after power failures, provision shall be made 
to prevent machines from automatically restarting upon restoration of 
power.
    (2) Handles. Stopping and starting handles shall be designed to the 
proper length to prevent the worker's hand or fingers from striking 
against any revolving part, gear guard, or any other part of the 
machine.
    (3)-(4) [Reserved]
    (5) Inspection and maintenance. All guards and other safety devices, 
including starting and stopping devices, shall be properly maintained.
    (6) Lighting. Lighting shall conform to American National Standard 
A11.1--1965, which is incorporated by reference as specified in Sec.  
1910.6.
    (7) Identification of piping systems. Identification of piping 
systems shall conform to American National Standard A13.1--1956, which 
is incorporated by reference as specified in Sec.  1910.6.
    (8) Identification of physical hazards. Identification of physical 
hazards shall be in accordance with the requirements of Sec.  1910.144.
    (9) Steam pipes. All pipes carrying steam or hot water for process 
or servicing machinery, when exposed to contact and located within seven 
feet of the floor or working platform shall be

[[Page 714]]

covered with a heat-insulating material, or otherwise properly guarded.
    (d) Openers and pickers--(1) Beater guards. When any opening or 
picker machinery is equipped with a beater, such beater shall be 
provided with metal covers which will prevent contact with the beater. 
Such covers shall be provided with an interlock which will prevent the 
cover from being raised while the machine is in motion and prevent the 
operation of the machine while the cover is open.
    (2) Cleanout holes. Cleanout holes within reaching distance of the 
fan or picker beater shall have their covers securely fastened and they 
shall not be opened while the machine is in motion.
    (3) Feed rolls. The feed rolls on all opening and picking machinery 
shall be covered with a guard designed to prevent the operator from 
reaching the nip while the machinery is in operation.
    (4) Removal of foreign ferrous material. All textile opener lines 
shall be equipped with magnetic separators, tramp iron separators, or 
other means for the removal of foreign ferrous material.
    (e) Cotton cards--(1) Enclosures. Cylinder and lickerins shall be 
completely protected and the doffers should be enclosed.
    (2) Enclosure fastenings. The enclosures or covers shall be kept in 
place while the machine is in operation, except when stripping or 
grinding.
    (3) Stripping rolls. On operations calling for flat strippings which 
are allowed to fall on the doffer cover, where such strippings are 
removed by hand, the doffer cover shall be kept closed and securely 
fastened to prevent the opening of the cover while the machine is in 
operation. When it becomes necessary to clean the cards while they are 
in motion, a long-handled brush or dust mop shall be used.
    (f) Garnett machines--(1) Lickerin. Garnett lickerins shall be 
enclosed.
    (2) Fancy rolls. Garnett fancy rolls shall be enclosed by covers. 
These shall be installed in a way that keeps worker rolls reasonably 
accessible for removal or adjustment.
    (3) Underside of machine. The underside of the garnett shall be 
guarded by a screen mesh or other form of enclosure to prevent access.
    (g) Spinning mules--A substantial fender of metal or hardwood shall 
be installed in front of the carriage wheels, the fender to extend to 
within one-fourth inch of the rail.
    (h) Slashers--(1) Cylinder dryers--(i) Reducing valves, safety 
valves, and pressure gages. Reducing valves, safety valves, and pressure 
gages shall conform to the ASME Pressure Vessel Code, Section VIII, 
Unfired Pressure Vessels, 1968, which is incorporated by reference as 
specified in Sec.  1910.6.
    (ii) Vacuum relief valves. Vacuum relief valves shall conform to the 
ASME Code for Pressure Vessels, Section VIII, Unfired Pressure Vessels, 
1968.
    (iii) Lever control. When slashers are operated by control levers, 
these levers shall be connected to a horizontal bar or treadle located 
not more than 69 inches above the floor to control the operation from 
any point.
    (iv) Pushbutton control. Slashers operated by pushbutton control 
shall have stop and start buttons located at each end of the machine, 
and additional buttons located on both sides of the machine, at the size 
box and the delivery end. If calender rolls are used, additional buttons 
shall be provided at both sides of the machine at points near the nips, 
except when slashers are equipped with an enclosed dryer.
    (v) Nip guards. All nip guards shall comply with the requirements of 
paragraph (h)(2)(iv) of this section.
    (vi) Cylinder enclosure. When enclosures or hoods are used over 
cylinder drying rolls, such enclosures or hoods shall be provided with 
an exhaust system which will effectively prevent wet air and steam from 
escaping into the workroom.
    (vii) Expansion chambers. Slasher kettles and cookers shall be 
provided with expansion chambers in the covers, or drains, to prevent 
surging over. Steam-control valves shall be so located that they can be 
operated without exposing the worker to moving parts, hot surfaces, or 
steam.
    (2) Enclosed hot air dryer--(i) Lever control. When slashers are 
operated by control levers, these levers shall be connected to a 
horizontal bar or treadle located not more than 69 inches

[[Page 715]]

above the floor to control the operation from any point.
    (ii) Push-button control. Slashers operated by push-button control 
shall have one start button at each end of the machine and stop buttons 
shall be located on both sides of the machines at intervals spaced not 
more than 6 feet on centers. Inching buttons should be installed.
    (iii) Dryer enclosure. The dryer enclosure shall be provided with an 
exhaust system which will effectively prevent wet air and steam from 
escaping into the workroom.
    (iv) Nip guards. All nip guards shall comply with Table R-1.

                        Table R-1--Guard Openings
  [Openings in the guard or between the guard and working surface shall
                   not be greater than the following]
------------------------------------------------------------------------
                                                                Maximum
             Distance of opening from nip point                width of
                                                                opening
------------------------------------------------------------------------
0 to 1\1/2\.................................................       \1/4\
1\1/2\ to 2\1/2\............................................       \3/8\
2\1/2\ to 3\1/2\............................................       \1/2\
3\1/2\ to 5\1/2\............................................       \5/8\
5\1/2\ to 6\1/2\............................................       \3/4\
6\1/2\ to 7\1/2\............................................       \7/8\
7\1/2\ to 8\1/2\............................................      1\1/4\
------------------------------------------------------------------------
The measurements in Table R-1 are all in inches.

    (v) Expansion chambers. Slasher kettles and cookers shall be 
provided with expansion chambers in the covers, or drains, to prevent 
surging over. Steam control valves shall be so located that they can be 
operated without exposing the worker to moving parts, hot surfaces, or 
steam.
    (i) Warpers--(1) Swiveled double-bar gates. Swiveled double-bar 
gates shall be installed on all warpers operating in excess of 450 yards 
per minute. These gates shall be so interlocked that the machine cannot 
be operated until the gate is in the ``closed position,'' except for the 
purpose of inching or jogging.
    (2) Closed position. Closed position shall mean that the top bar of 
the gate shall be at least 42 inches from the floor or working platform; 
and the lower bar shall be at least 21 inches from the floor or working 
platform; and the gate shall be located 15 inches from the vertical 
tangent to the beam head.
    (j) Drawing frames, slubbers, roving parts, cotton combers, ring 
spinning frames, twisters. Gear housing covers on all installations of 
drawing frames, slubbers, roving frames, cotton combers, ring spinning 
frames, and twisters shall be equipped with interlocks.
    (k) Gill boxes--(1) Pin guard. A guard shall be placed ahead of the 
feed end and shall be so designed that it will prevent the worker's 
fingers from being caught in the pins of the intersecting fallers.
    (2) Nip guards. All nip guards shall comply with the requirements of 
paragraph (h)(2)(iv) of this section.
    (l) Heavy draw boxes, finishers, and speeders used in worsted 
drawing--(1) Band pulley covers. Covers for band pulleys shall be closed 
when the machine is in motion.
    (2) Benches or working platforms. Branches or working platforms 
approximately 10 inches in height and 8 inches in width should be 
installed along the entire running length of the machine for the worker 
to stand on while creeling the machine. Such benches or platforms shall 
be covered with an abrasive or nonslip material.
    (m) Sliver and ribbon lappers (cotton). Cover guard. An interlocking 
cover guard shall be installed over the large calender drums and the lap 
spool, designed to prevent the operator from coming in contact with the 
nip.
    (n) Looms--(1) Shuttle guard. Each loom shall be equipped with a 
guard designed to minimize the danger of the shuttle flying out of the 
shed.
    (2) Protection for loom fixer. Provisions shall be made so that 
every loom fixer can prevent the loom from being started while he is at 
work on the loom. This may be accomplished by means of a lock, the key 
to which is retained in the possession of the loom fixer, or by some 
other effective means to prevent starting the loom.
    (o) Shearing machines. All revolving blades on shearing machines 
shall be guarded so that the opening between the cloth surface and the 
bottom of the guard will not exceed three-eighths inch.
    (p) Continuous bleach range (cotton and rayon)--(1) J-box 
protection. Each valve controlling the flow of steam, injurious gases, 
or liquids into a J-box shall be equipped with a chain, lock, and key, 
so that any worker who enters the J-box can lock the valve and retain

[[Page 716]]

the key in his possession. Any other method which will prevent steam, 
injurious gases, or liquids from entering the J-box while the worker is 
in it will be acceptable.
    (2) Open-width bleaching. The nip of all in-running rolls on open-
width bleaching machine rolls shall be protected with a guard to prevent 
the worker from being caught at the nip. The guard shall extend across 
the entire length of the nip.
    (q) Kiers--(1) Reducing valves, safety valves, and pressure gages. 
Reducing valves, safety valves, and pressure gages shall conform to the 
ASME Code for Unfired Pressure Vessels, Section VIII, Unfired/Pressure 
Vessels, 1968.
    (2) Kier valve protection. Each valve controlling the flow of steam, 
injurious gases, or liquids into a kier shall be equipped with a chain, 
lock, and key, so that any worker who enters the kier can lock the valve 
and retain the key in his possession. Any other method which will 
prevent steam, injurious gases, or liquids from entering the kier while 
the worker is in it will be acceptable.
    (r) Gray and white bins. On new installations guardrails that comply 
with subpart D of this part shall be provided where workers are required 
to plait by hand from the top of the bin so as to protect the worker 
from falling to a lower level.
    (s) Mercerizing range (piece goods)--(1) Stopping devices. A 
stopping device shall be provided at each end of the machine.
    (2) Frame ends. A guard shall be installed at each end of the frame 
between the in-running chain and the clip opener, to prevent the 
worker's fingers from being caught.
    (3) Mangle and washers. The nip at the in-running rolls shall 
conform to Sec.  1910.264.
    (t) Tenter frames--(1) Stopping devices. A stopping device shall be 
provided at each end of the machine.
    (2) Frame ends. A guard shall be installed at each end of the frame 
at the in-running chain and clip opener.
    (3) Oil cups. Oil cups shall be safely located to permit easy 
access.
    (u) Dyeing jigs--(1) Stopping devices. Each dye jig shall be 
equipped with individual mechanical or electrical means for stopping the 
machine.
    (2) Roll arms. Roll arms on jigs shall be built to allow for extra 
large batches, and to prevent the center bar from being forced off, 
causing the batch to fall.
    (v) Padders--Nip guards. All nip guards shall comply with the 
requirements of paragraph (h)(2)(iv) of this section.
    (w) Drying cans--(1) Pressure reducing valves and pressure gages. 
Pressure reducing valves and pressure gages shall conform to the ASME 
Code for Pressure Vessels, Section VIII, 1968, Unfired Pressure Vessels.
    (2) Vacuum collapse. If cans are not designed to prevent vacuum 
collapse, each can shall be equipped with one or more vacuum relief 
valves with openings of sufficient size to prevent the collapse of the 
can if vacuum occurs.
    (x) Flat-work ironer--(1) Feed rolls. The feed rolls shall be 
guarded to conform to Sec.  1910.264.
    (2) Pressure rolls. Pressure rolls shall be covered or guarded to 
conform to Sec.  1910.264.
    (y) Extractors--(1) Centrifugal extractor--(i) Cover. Each extractor 
shall be equipped with a metal cover.
    (ii) Interlocking device. Each extractor shall be equipped with an 
interlocking device that will prevent the cover from being opened while 
the basket is in motion, and also prevent the power operation of the 
basket while the cover is open.
    (iii) Brakes. Each extractor shall be equipped with a mechanically 
or electrically operated brake to quickly stop the basket when the power 
driving the basket is shut off.
    (iv) Maximum allowable speed. Each centrifugal extractor shall be 
effectively secured in position on the floor or foundation so as to 
eliminate unnecessary vibration, and should not be operated at a speed 
greater than the manufacturer's rating, which shall be stamped where 
easily visible in letters not less than one-quarter inch in height. The 
maximum allowable speed shall be given in revolutions per minute (rpm).
    (2) Engine drum extractor--Over-speed governor. Each engine 
individually driving an extractor shall be provided

[[Page 717]]

with an approved engine stop and speed limit governor.
    (3) Squeezer or wringer extractor--Nip guards. All nip guards shall 
comply with the requirements of paragraph (h)(2)(iv) of this section.
    (z) Nip guards. All nip guards for water mangle, starch mangle, 
back-washer (worsted yarn) crabbing machines, decating machines, shall 
comply with the requirements of paragraph (h)(2)(iv).
    (aa) Sanforizing and palmer machine. A safety trip rod, cable, or 
wire center cord shall be provided across the front and back of all 
palmer cylinders extending the length of the face of the cylinder. It 
shall operate readily whether pushed or pulled. This safety trip shall 
be not more than 72 inches above the level on which the operator stands 
and shall be readily accessible.
    (bb) Rope washers--(1) Splash guard. Splash guards shall be 
installed on all rope washers unless the machine is so designed as to 
prevent the water or liquid from splashing the operator, the floor, or 
working surface.
    (2) Safety stop bar. A safety trip rod, cable or wire center cord 
shall be provided across the front and back of all rope washers 
extending the length of the face of the washer. It shall operate readily 
whether pushed or pulled. This safety trip shall be not more than 72 
inches above the level on which the operator stands and shall be readily 
accessible.
    (cc) Laundry washer tumbler or shaker--(1) Interlocking device. Each 
drying tumbler, each double cylinder shaker or clothes tumbler, and each 
washing machine shall be equipped with an interlock device which will 
prevent the power operation of the inside cylinder when the outer door 
on the case or shell is open, and which will also prevent the outer door 
on the case or shell from being opened without shutting off the power.
    (2) Means of holding covers or doors in open position. Each enclosed 
barrel shall also be equipped with adequate means for holding open the 
doors or covers of the inner and outer cylinders or shells while it is 
being loaded or unloaded.
    (dd) Printing machine (roller type)--(1) Nip guards. All nip guards 
shall comply with the requirements of paragraph (h)(2)(iv) of this 
section.
    (2) Crown wheel and roller gear nip protection. The engraved roller 
gears and the large crown wheel shall be provided with a protective disc 
which will enclose the nips of the in-running gears. Individual discs 
for each nip will be acceptable.
    (ee) Calenders. The nip at the in-running side of the rolls shall be 
provided with a guard extending across the entire length of the nip and 
arranged to prevent the fingers of the workers from being pulled in 
between the rolls or between the guard and the rolls, and constructed so 
that the cloth can be fed into the rolls safely.
    (ff) Rotary staple cutters. A guard shall be installed completely 
enclosing the cutters to prevent the hands of the operator from reaching 
the cutting zone.
    (gg) [Reserved]
    (hh) Hand bailing machine. An angle-iron-handle stop guard shall be 
installed at the right angle to the frame of the machine. The stop guard 
shall be so designed and so located that it will prevent the handle from 
traveling beyond the vertical position should the handle slip from the 
operator's hand when the pawl has been released from the teeth of the 
takeup gear.
    (ii) Roll bench. Cleats shall be installed on the ends of roll 
benches.
    (jj) Cuttle or swing folder (overhead type). The bottom of the 
overhead folders shall be located not less than 7 feet from the floor or 
working surface.
    (kk) Color-mixing room. Floors in color-mixing rooms shall be 
constructed to drain easily.
    (ll) Open tanks and vats for mixing and storage of hot or corrosive 
liquids--Shutoff valves. Boiling tanks, caustic tanks, and hot liquid 
containers, so located that the operator cannot see the contents from 
the floor or working area, shall have emergency shutoff valves 
controlled from a point not subject to danger of splash. Valves shall 
conform to the ASME Pressure Vessel Code, section VIII, Unfired Pressure 
Vessels, 1968.
    (mm) Dye kettles and vats--Pipes or drains of sufficient capacity to 
carry the contents safely away from the working area shall be installed 
where there are dye kettles and vats which

[[Page 718]]

may at any time contain hot or corrosive liquids. These shall not empty 
directly onto the floor.
    (nn) Acid carboys. Carboys shall be provided with inclinators, or 
the acid shall be withdrawn from the carboys by means of pumping without 
pressure in the carboy, or by means of hand operated siphons.
    (oo) Handling caustic soda and caustic potash. Means shall be 
provided for handling and emptying caustic soda and caustic potash 
containers to prevent workers from coming in contact with the caustic 
(see paragraph (qq) of this section).
    (pp) First aid. Wherever acids or caustics are used, provision shall 
be made for a copious and flowing supply of fresh, clean water.

[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 49 
FR 5324, Feb. 10, 1984; 61 FR 9241, Mar. 7, 1996; 63 FR 33467, June 18, 
1998; 81 FR 83006, Nov. 18, 2016]



Sec.  1910.263  Bakery equipment.

    (a) General requirements--(1) Application. The requirements of this 
section shall apply to the design, installation, operation and 
maintenance of machinery and equipment used within a bakery.
    (2) [Reserved]
    (b) [Reserved]
    (c) General machine guarding. (1) [Reserved]
    (2) Gears. All gears shall be completely enclosed regardless of 
location.
    (3) Sprockets and V-belt drives. Sprockets and V-belt drives located 
within reach from platforms or pasageways or located within 8 feet 6 
inches from the floor shall be completely enclosed.
    (4) [Reserved]
    (5) Lubrication. Where machinery must be lubricated while in motion, 
stationary lubrication fittings inside a machine shall be provided with 
extension piping to a point of safety so that the employee will not have 
to reach into any dangerous part of the machine when lubricating.
    (6)-(7) [Reserved]
    (8) Hot pipes. Exposed hot water and steam pipes shall be covered 
with insulating material wherever necessary to protect employee from 
contact.
    (d) Flour-handling equipment--(1) General requirements for flour 
handling. (i) Wherever any of the various pieces of apparatus comprising 
a flour-handling system are run in electrical unity with one another the 
following safeguards shall apply:
    (a) [Reserved]
    (b) Wherever a flour-handling system is of such size that the 
beginning of its operation is far remote from its final delivery end, 
all electric motors operating each apparatus comprising this system 
shall be controlled at each of two points, one located at each remote 
end, either of which will stop all motors.
    (c) [Reserved]
    (d) Control circuits for magnetic controllers shall be so arranged 
that the opening of any one of several limit switches, which may be on 
an individual unit, will serve to de-energize all of the motors of that 
unit.
    (ii) [Reserved]
    (2) Bag chutes and bag lifts (bag-arm elevators). (i) Bag chutes 
(gravity chutes for handling flour bags) shall be so designed so as to 
keep to a minimum the speed of flour bags. If the chute inclines more 
than 30[deg] from the horizontal, there shall be an upturn at the lower 
end of the chute to slow down the bags.
    (ii) Bag-arm elevators with manual takeoff shall be designed to 
operate at a capacity not exceeding seven bags per minute. The arms on 
the conveyor chain shall be so spaced as to obtain the full capacity of 
the elevator with the lowest possible chain speed. There shall be an 
electric limit switch at the unloading end of the bag-arm elevator so 
installed as to automatically stop the conveyor chain if any bag fails 
to clear the conveyor arms.
    (iii) [Reserved]
    (iv) Man lifts shall be prohibited in bakeries. Bag or barrel lifts 
shall not be used as man lifts.
    (3) Dumpbin and blender.
    (i)-(iv) [Reserved]
    (v) All dumpbin and blender hoods shall be of sufficient capacity to 
prevent circulation of flour dust outside the hoods.
    (vi) All dumpbins shall be of a suitable height from floor to enable 
the operator to dump flour from bags, without causing undue strain or 
fatigue. Where the edge of any bin is more than

[[Page 719]]

24 inches above the flour, a bag rest step shall be provided.
    (vii) A control device for stopping the dumpbin and blender shall be 
provided close to the normal location of the operator.
    (4)-(5) [Reserved]
    (6) Storage bins.
    (i) [Reserved]
    (ii) Storage bins shall be provided with gaskets and locks or 
latches to keep the cover closed, or other equivalent devices in order 
to insure the dust tightness of the cover. Covers at openings where an 
employee may enter the bin shall also be provided with a hasp and a 
lock, so located that the employee may lock the cover in the open 
position whenever it is necessary to enter the bin.
    (iii) Storage bins where the side is more than 5 feet in depth shall 
be provided with standard stationary safety ladders, both inside and 
outside, to reach from floor level to top of bin and from top of bin to 
inside bottom, keeping the ladder end away from the moving screw 
conveyor.
    (iv)-(v) [Reserved]
    (vi) The main entrance cover of large storage bins located at the 
interior exit ladder shall be provided with an electric interlock for 
motors operating both feed and unloading screw, so that these motors 
cannot operate while the cover is open.
    (7) Screw conveyors.
    (i)-(ii) [Reserved]
    (iii) The covers of all screw conveyors shall be made removable in 
convenient sections, held on with stationary clamps located at proper 
intervals keeping all covers dust-tight. Where drop or hinged bottom 
sections are provided this provision shall not apply.
    (8) Sifters. (i) Enclosures of all types of flour sifters shall be 
so constructed that they are dust-tight but readily accessible for 
interior inspection.
    (ii) [Reserved]
    (9) Flour scales.
    (i)-(ii) [Reserved]
    (iii) Traveling or track-type flour scales shall be equipped with 
bar handles for moving same. The bar should be at least 1 inch in 
diameter and well away from trolley track wheels.
    (e) Mixers--(1) Horizontal dough mixers. (i) Mixers with external 
power application shall have all belts, chains, gears, pulleys, 
sprockets, clutches, and other moving parts completely enclosed.
    (ii) [Reserved]
    (iii) Each mixer shall be equipped with an individual motor and 
control, and with a conveniently located manual switch to prevent the 
mixer from being started in the usual manner while the machine is being 
serviced and cleaned.
    (iv) All electrical control stations shall be so located that the 
operator must be in full view of the bowl in its open position. No 
duplication of such controls other than a stop switch shall be 
permitted.
    (v) All mixers with power and manual dumping arrangements shall be 
equipped with safety devices which shall:
    (a) Engage both hands of the operator, when the agitator is in 
motion under power, and while the bowl is opened more than one-fifth of 
its total opening.
    (b) Prevent the agitator from being started, while the bowl is more 
than one-fifth open, without engaging both hands of the operator;
    (vi)-(vii) [Reserved]
    (viii) Every mixer shall be equipped with a full enclosure over the 
bowl which is closed at all times while the agitator is in motion. Only 
minor openings in this enclosure, such as ingredient doors, flour 
inlets, etc., each representing less than 1\1/2\ square feet in area, 
shall be capable of being opened while the mixer is in operation.
    (ix) [Reserved]
    (x) Overhead covers or doors which are subject to accidental closure 
shall be counterbalanced to remain in an open position or provided with 
means to hold them open until positively released by the operator.
    (xi)-(xvii) [Reserved]
    (xviii) Valves and controls to regulate the coolant in mixer jackets 
shall be located so as to permit access by the operator without 
jeopardizing his safety.
    (2) Vertical mixers. (i) Vertical mixers shall comply with 
paragraphs (e)(1) (i), (iii), (ix) and (x), of this section.

[[Page 720]]

    (ii) [Reserved]
    (iii) Bowl locking devices shall be of a positive type which require 
the attention of the operator for unlocking.
    (iv) Devices shall be made available for moving bowls weighing more 
than 80 pounds, with contents, into and out of the mixing position on 
the machine.
    (f) Dividers. (1)-(2) [Reserved]
    (3) Rear of divider. The back of the divider shall have a complete 
cover to enclose all of the moving parts, or each individual part shall 
be enclosed or guarded to remove the separate hazards. The rear cover 
shall be provided with a limit switch in order that the machine cannot 
operate when this cover is open. The guard on the back shall be hinged 
so that it cannot be completely removed and if a catch or brace is 
provided for holding the cover open, it shall be designed so that it 
will not release due to vibrations or minor bumping whereby the cover 
may drop on an employee.
    (g) Moulders--(1) Hoppers. Mechanical feed moulders shall be 
provided with hoppers so designed and connected to the proofer that an 
employee's hands cannot get into the hopper where they will come in 
contact with the in-running rolls.
    (2) Hand-fed moulders. Hand-fed moulders shall be provided with a 
belt-feed device or the hopper shall be extended high enough so that the 
hands of the operator cannot get into the feed rolls. The top edge of 
such a hopper shall be well rounded to prevent injury when it is struck 
or bumped by the employee's hand.
    (3) Stopping devices. There shall be a stopping device within easy 
reach of the operator who feeds the moulder and another stopping device 
within the reach of the employee taking the dough away from the moulder.
    (h) Manually fed dough brakes--(1) Top-roll protection. The top roll 
shall be protected by a heavy gage metal shield extending over the roll 
to go within 6 inches of the hopper bottom board. The shield may be 
perforated to permit observation of the dough entering the rolls.
    (2) Emergency stop bar--An emergency stop bar shall be provided, and 
so located that the body of the operator will press against the bar if 
the operator slips and falls toward the rolls, or if the operator gets 
his hand caught in the rolls. The bar shall apply the body pressure to 
open positively a circuit that will deenergize the drive motor. In 
addition, a brake which is inherently self-engaging by requiring power 
or force from an external source to cause disengagement shall be 
activated at the same time causing the rolls to stop instantly. The 
emergency stop bar shall be checked for proper operation every 30 days.
    (i) Miscellaneous equipment--(1) Proof boxes. All door locks shall 
be operable both from within and outside the box. Guide rails shall be 
installed to center the rack as it enters, passes through, and leaves 
the proof box.
    (2) Fermentation room. Fermentation room doors shall have 
nonshatterable wire glass or plastic panels for vision through doors.
    (3) Troughs. Troughs shall be mounted on antifriction bearing 
casters thus making it possible for the operator to move and direct the 
motion of the trough with a minimum of effort.
    (4) Hand trucks. (i) Casters shall be set back from corners to be 
out of the way of toes and heels, but not far enough back to cause the 
truck to be unstable.
    (ii) A lock or other device shall be provided to hold the handle in 
vertical position when the truck is not in use.
    (5) Lift trucks. A lock or other device shall be provided to hold 
the handle in vertical position when the truck is not in use.
    (6) Racks.
    (i) [Reserved]
    (ii) Racks shall be equipped with handles so located with reference 
to the frame of the rack that no part of the operator's hands extends 
beyond the outer edge of the frame when holding onto the handles.
    (iii) Antifriction bearing casters shall be used to give the 
operator better control of the rack.
    (7) Conveyors. (i) Wherever a conveyor passes over a main aisleway, 
regularly occupied work area, or passageway, the underside of the 
conveyor shall be completely enclosed to prevent broken chains or other 
material from falling in the passageway.

[[Page 721]]

    (ii) Stop bumpers shall be installed on all delivery ends of 
conveyors, wherever manual removal of the product carried is practiced.
    (iii) Where hazard of getting caught exists a sufficient number of 
stop buttons shall be provided to enable quick stopping of the conveyor.
    (8)-(10) [Reserved]
    (11) Ingredient premixers, emulsifiers, etc. (i) All top openings 
shall be provided with covers attached to the machines. These covers 
should be so arranged and interlocked that power will be shut off 
whenever the cover is opened to a point where the operator's fingers 
might come in contact with the beaters.
    (ii) [Reserved]
    (12) Chain tackle. (i) All chain tackle shall be marked prominently, 
permanently, and legibly with maximum load capacity.
    (ii) All chain tackle shall be marked permanently and legibly with 
minimum support specification.
    (iii) Safety hooks shall be used.
    (13) Trough hoists, etc. (i) All hoists shall be marked prominently, 
permanently, and legibly with maximum load capacity.
    (ii) All hoists shall be marked permanently and legibly with minimum 
support specifications.
    (iii) Safety catches shall be provided for the chain so that the 
chain will hold the load in any position.
    (iv) Safety hooks shall be used.
    (14) Air-conditioning units.
    (i) [Reserved]
    (ii) On large units with doors to chambers large enough to be 
entered, all door locks shall be operable from both inside and outside.
    (15) Pan washing tanks.
    (i) [Reserved]
    (ii) The surface of the floor of the working platform shall be 
maintained in nonslip condition.
    (iii)-(iv) [Reserved]
    (v) Power ventilated exhaust hoods shall be provided over the tanks.
    (16)-(19) [Reserved]
    (20) Bread coolers, rack type.
    (i) [Reserved]
    (ii) All door locks shall be operable from both within and outside 
the cooler.
    (21) [Reserved]
    (22) Doughnut machines. Separate flues shall be provided, (i) for 
venting vapors from the frying section, and (ii) for venting products of 
combustion from the combustion chamber used to heat the fat.
    (23) Open fat kettles. (i) The floor around kettles shall be 
maintained in nonslip condition.
    (ii)-(iii) [Reserved]
    (iv) The top of the kettle shall be not less than 36 inches above 
floor or working level.
    (24) Steam kettles. (i) Positive locking devices shall be provided 
to hold kettles in the desired position.
    (ii) Kettles with steam jackets shall be provided with safety valves 
in accordance with the ASME Pressure Vessel Code, Section VIII, Unfired 
Pressure Vessels, 1968, which is incorporated by reference as specified 
in Sec.  1910.6.
    (j) Slicers and wrappers--(1) Slicers.
    (i)-(ii) [Reserved]
    (iii) The cover over the knife head of reciprocating-blade slicers 
shall be provided with an interlocking arrangement so that the machine 
cannot operate unless the cover is in place.
    (iv) On slicers with endless band knives, each motor shall be 
equipped with a magnet brake which operates whenever the motor is not 
energized. Each door, panel, or other point of access to the cutting 
blades shall be arranged by means of mechanical or electric interlocks 
so that the motor will be deenergized if all such access doors, panels, 
or access points are not closed.
    (v) When it is necessary to sharpen slicer blades on the machine, a 
barrier shall be provided leaving only sufficient opening for the 
sharpening stone to reach the knife blades.
    (vi) [Reserved]
    (vii) Slicer wrapper conditions.
    (a)-(b) [Reserved]
    (c) Mechanical control levers for starting and stopping both slicing 
machine conveyors and wrapping machines shall be extended or so located 
that an operator in one location can control both machines. Such levers 
should be provided wherever necessary, but these should be so arranged 
that there is only one station capable of starting the wrapping machine 
and conveyor assembly, and this starting

[[Page 722]]

station should be so arranged or guarded as to prevent accidental 
starting. The electric control station for starting and stopping the 
electric motor driving the wrapping machine and conveyor should be 
located near the clutch starting lever.
    (2) Wrappers.
    (i)-(ii) [Reserved]
    (iii) Electrical heaters on wrappers shall be protected by a cover 
plate properly separated or insulated from the heaters in order that 
accidental contact with this cover plate will not cause a burn to the 
operator.
    (k) Biscuit and cracker equipment--(1) Meal, peanut, and fig 
grinders. (i) If the hopper is removable it shall be provided with an 
electric interlock so that the machine cannot be put in operation when 
the hopper is removed.
    (ii) Where grid guards cannot be used, feed conveyors to hoppers, or 
baffle-type hoppers, shall be provided. Hoppers in such cases shall be 
enclosed and provided with hinged covers, and equipped with electric 
interlock to prevent operation of the machine with the cover open.
    (2) Sugar and spice pulverizers. (i) All drive belts used in 
connection with sugar and spice pulverizers shall be grounded by means 
of metal combs or other effective means of removing static electricity. 
All pulverizing of sugar or spice grinding shall be done in accordance 
with NFPA 62--1967 (Standard for Dust Hazards of Sugar and Cocoa) and 
NFPA 656--1959 (Standard for Dust Hazards in Spice Grinding Plants), 
which are incorporated by reference as specified in Sec.  1910.6.
    (ii) Magnetic separators shall be provided to reduce fire and 
explosion hazards.
    (3) Cheese, fruit, and food cutters. These machines shall be 
protected in accordance with the requirements of paragraph (k)(1) of 
this section.
    (4) [Reserved]
    (5) Reversible dough brakes. Reversible brakes shall be provided 
with a guard or tripping mechanism on each side of the rolls. These 
guards shall be so arranged as to stop the machine or reverse the 
direction of the rolls so that they are outrunning if the guard is moved 
by contact of the operator.
    (6) Cross-roll brakes. Cross-roll brakes shall be provided with 
guards that are similar in number and equal in effectiveness to guards 
on hand-fed brakes.
    (7) Box- and roll-type dough sheeters.
    (i) [Reserved]
    (ii) Hoppers for sheeters shall have an automatic stop bar or 
automatic stopping device along the back edge of the hopper. If 
construction does not permit location at the back edge, the automatic 
stop bar or automatic stopping device shall be located where it will be 
most effective to accomplish the desired protection.
    (8) [Reserved]
    (9) Rotary, die machines, pretzel rolling, and pretzel-stick 
extruding machines. Dough hoppers shall have the entire opening 
protected with substantial grid-type guards to prevent the employee from 
getting his hands caught in moving parts, or the hopper shall be 
extended high enough so that the operator's hands cannot get into moving 
parts.
    (10)-(11) [Reserved]
    (12) Pan cooling towers. (i) Where pan cooling towers extend to two 
or more floors, a lockout switch shall be provided on each floor in 
order that mechanics working on the tower may positively lock the 
mechanism against starting. Only one start switch shall be used in the 
motor control circuit.
    (ii) [Reserved]
    (13) Chocolate melting, refining, and mixing kettles. Each kettle 
shall be provided with a cover to enclose the top of the kettle. The 
bottom outlet of each kettle shall be of such size and shape that the 
operator cannot reach in to touch the revolving paddle or come in 
contact with the shear point between the paddle and the side of the 
kettle.
    (14)-(16) [Reserved]
    (17) Peanut cooling trucks. Mechanically operated peanut cooling 
trucks shall have a grid-type cover over the entire top.
    (l) Ovens--(1) General location.
    (i)-(vi) [Reserved]
    (vii) Ovens shall be located so that possible fire or explosion will 
not expose groups of persons to possible injury. For this reason ovens 
shall not adjoin lockers, lunch or sales rooms, main passageways, or 
exits.
    (2) [Reserved]

[[Page 723]]

    (3) Safeguards of mechanical parts. (i) Emergency stop buttons shall 
be provided on mechanical ovens near the point where operators are 
stationed.
    (ii) All piping at ovens shall be tested to be gastight.
    (iii) Main shutoff valves, operable separately from any automatic 
valve, shall be provided to permit turning off the fuel or steam in case 
of an emergency.
    (a) Main shutoff valves shall be located so that explosions, fires, 
etc. will not prevent access to these valves.
    (b) Main shutoff valves shall be locked in the closed position when 
men must enter the oven or when the oven is not in service.
    (4)-(7) [Reserved]
    (8) Electrical heating equipment.
    (i)-(ii) [Reserved]
    (iii) A main disconnect switch or circuit breaker shall be provided. 
This switch or circuit breaker shall be so located that it can be 
reached quickly and safely. The main switch or circuit breaker shall 
have provisions for locking it in the open position if any work on the 
electrical equipment or inside the oven must be performed.
    (9) General requirements. (i) Protecting devices shall be properly 
maintained and kept in working order.
    (ii) All safety devices on ovens shall be inspected at intervals of 
not less than twice a month by an especially appointed, properly 
instructed bakery employee, and not less than once a year by 
representatives of the oven manufacturers.
    (iii)(a) Protection of gas pilot lights shall be provided when it is 
impracticable to protect the main flame of the burner and where the 
pilot flame cannot contact the flame electrode without being in the path 
of the main flame of the burner. Failure of any gas pilot shall 
automatically shut off the fuel supply to the burner.
    (b) Ovens with multiple burners shall be equipped with individual 
atmospheric pilot lights where there is sufficient secondary air in the 
baking chamber and where gas is available; or else each burner shall be 
equipped with an electric spark-type ignition device.
    (iv) Burners of a capacity exceeding 150,000 B.t.u. per hour 
equipped with electric ignition shall be protected in addition by quick-
acting combustion safeguards.
    (a) The high-tension current for any electric spark-type ignition 
device shall originate in a power supply line which is interlocked with 
the fuel supply for the oven in such a way that in case of current 
failure both the source of electricity to the high-tension circuits and 
the fuel supply shall be turned off simultaneously.
    (b) [Reserved]
    (c) Combustion safeguards used in connection with electric ignition 
systems on ovens shall be so designed as to prevent an explosive mixture 
from accumulating inside the oven before ignition has taken place.
    (v) When fuel is supplied and used at line pressure, safety shutoff 
valves shall be provided in the fuel line leading to the burner.
    (a) When fuel is supplied in excess of line pressure, safety shutoff 
valves shall be provided in the fuel line leading to the burners, unless 
the fuel supply lines are equipped with other automatic valves which 
will prevent the flow of fuel when the compressing equipment is stopped.
    (b) The safety shutoff valve shall be positively tight and shall be 
tested at least twice monthly.
    (c)-(d) [Reserved]
    (e) A safety shutoff valve shall require manual operation for 
reopening after it has closed, or the electric circuit shall be so 
arranged that it will require a manual operation for reopening the 
safety shutoff valve.
    (f) Manual reset-type safety shutoff valves shall be so arranged 
that they cannot be locked in an open position by external means.
    (g) Where blowers are used for supplying the air for combustion the 
safety shutoff valve shall be interlocked so that it will close in case 
of air failure.
    (h) Where gas or electric ignition is used, the safety shutoff valve 
shall close in case of ignition failure. On burners equipped with 
combustion safeguards, the valve shall close in case of burner flame 
failure.
    (vi) One main, manually operated, fuel shutoff valve shall be 
provided on each oven, and shall be located ahead of all other valves in 
the system.

[[Page 724]]

    (vii) All individual gas or oil burners with a heating capacity over 
150,000 B.t.u. per hour shall be protected by a safeguard which is 
actuated by the flame and which will react to flame failure in a time 
interval not to exceed 2 seconds. All safeguards, once having shut down 
a gas or oil burner, shall require manual resetting and starting of the 
burner or burners.
    (viii) Any space in an oven (except direct fired ovens) which could 
be filled with an explosive mixture shall be protected by explosion 
vents. Explosion vents shall be made of minimum weight consistent with 
adequate insulation.
    (a) Explosion doors which have a substantial weight shall be 
attached by chains or similar means to prevent flying parts from 
injuring the personnel in case of an explosion.
    (b) Where explosion vents are so located that flying parts or gases 
might endanger the personnel working on or near the oven, internal or 
external protecting means shall be provided in the form of heavily 
constructed shields or deflectors made from noncombustible material.
    (c) Specifically exempted from the provisions of paragraph paragraph 
(l)(8)(viii) of this section are heating systems on ovens in which the 
fuel is admitted only to enclosed spaces which shall have been tested to 
prove that their construction will resist repeated explosions without 
deformation are exempt from the requirements of paragraph (l)(8)(viii) 
(a) and (b) of this section.
    (ix)-(x) [Reserved]
    (xi) Where the gas supply pressure is substantially higher than that 
at which the burners of an oven are designed to operate, a gas pressure 
regulator shall be employed.
    (a)-(c) [Reserved]
    (d) A relief valve shall be placed on the outlet side of gas 
pressure regulators where gas is supplied at high pressure. The 
discharge from this valve shall be piped to the outside of the building.
    (10) Direct-fired ovens. (i) Direct-fired ovens shall be safeguarded 
against failure of fuel, air, or ignition.
    (ii) To prevent the possible accumulation of explosive gases from 
being ignited after a shutdown, all direct-fired ovens with a heating 
capacity over 150,000 B.t.u. per hour shall be ventilated before the 
ignition system, combustion air blower, and the fuel can be turned on. 
The preventilation shall insure at least four complete changes of 
atmosphere in the baking chamber by discharging the oven atmosphere to 
the outside of the building and entraining fresh air into it. The 
preventilation shall be repeated whenever the heating equipment is shut 
down by a safety device.
    (11) Direct recirculating ovens. (i) Each circulating fan in direct 
recirculating ovens shall be interconnected with the burner in such a 
manner that the fuel is shut off by a safety valve when the fan is not 
running.
    (ii) The flame of the burner or burners in direct recirculating 
ovens shall be protected by a quick-acting flame-sensitive safeguard 
which will automatically shut off the fuel supply in case of burner 
failure.
    (12)-(14) [Reserved]
    (15) Indirect recirculating ovens.
    (i)-(ii) [Reserved]
    (iii) Duct systems (in ovens) operating under pressure shall be 
tested for tightness in the initial starting of the oven and also at 
intervals not farther apart than 6 months.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49765, Oct. 24, 1978; 
43 FR 51760, Nov. 7, 1978; 61 FR 9241, Mar. 7, 1996]



Sec.  1910.264  Laundry machinery and operations.

    (a) [Reserved]
    (b) General requirements. This section applies to moving parts of 
equipment used in laundries and to conditions peculiar to this industry, 
with special reference to the point of operation of laundry machines. 
This section does not apply to dry-cleaning operations.
    (c) Point-of-operation guards--(1) Washroom machines.
    (i) [Reserved]
    (ii) Washing machine.
    (a) [Reserved]
    (b) Each washing machine shall be provided with means for holding 
open the doors or covers of inner and outer cylinders or shells while 
being loaded or unloaded.
    (2) Starching and drying machines.

[[Page 725]]

    (i)-(ii) [Reserved]
    (iii) Drying tumbler.
    (a) [Reserved]
    (b) Each drying tumbler shall be provided with means for holding 
open the doors or covers of inner and outer cylinders or shells while 
being loaded or unloaded.
    (iv) Shaker (clothes tumbler).
    (a) through (b)(1) [Reserved]
    (2) Each shaker or clothes tumbler of the double-cylinder type shall 
be provided with means for holding open the doors or covers of inner and 
outer cylinders or shells while being loaded or unloaded.
    (v) Exception. Provisions of paragraph (c)(2) (iii), (iv)(a)(1), and 
(iv)(b) of this section shall not apply to shakeout or conditioning 
tumblers where the clothes are loaded into the open end of the revolving 
cylinder and are automatically discharged out of the opposite end.
    (3) [Reserved]
    (4) Miscellaneous machines and equipment.
    (i)-(ii) [Reserved]
    (iii) Steam pipes. (a) All steam pipes that are within 7 feet of the 
floor or working platform, and with which the worker may come into 
contact, shall be insulated or covered with a heat-resistive material or 
shall be otherwise properly guarded.
    (b) Where pressure-reducing valves are used, one or more relief or 
safety valves shall be provided on the low-pressure side of the reducing 
valve, in case the piping or equipment on the low-pressure side does not 
meet the requirements for full initial pressure. The relief or safety 
valve shall be located adjacent to, or as close as possible to, the 
reducing valve. Proper protection shall be provided to prevent injury or 
damage caused by fluid escaping from relief or safety valves if vented 
to the atmosphere. The vents shall be of ample size and as short and 
direct as possible. The combined discharge capacity of the relief valves 
shall be such that the pressure rating of the lower-pressure piping and 
equipment will not be exceeded if the reducing valve sticks or fails to 
open.
    (d) Operating rules--(1) General.
    (i)-(ii) [Reserved]
    (iii) Markers. Markers and others handling soiled clothes shall be 
warned against touching the eyes, mouth, or any part of the body on 
which the skin has been broken by a scratch or abrasion; and they shall 
be cautioned not to touch or eat food until their hands have been 
thoroughly washed.
    (iv) [Reserved]
    (v) Instruction of employees. Employees shall be properly instructed 
as to the hazards of their work and be instructed in safe practices, by 
bulletins, printed rules, and verbal instructions.
    (2) Mechanical--(i) Safety guards. (a) No safeguard, safety 
appliance, or device attached to, or forming an integral part of any 
machinery shall be removed or made ineffective except for the purpose of 
making immediate repairs or adjustments. Any such safeguard, safety 
appliance, or device removed or made ineffective during the repair or 
adjustment of such machinery shall be replaced immediately upon the 
completion of such repairs or adjustments.
    (b) [Reserved]

[39 FR 23502, June 27, 1974, as amended at 43 FR 49767, Oct. 24, 1978; 
43 FR 51760, Nov. 7, 1978]



Sec.  1910.265  Sawmills.

    (a) General requirements--Application. This section includes safety 
requirements for sawmill operations including, but not limited to, log 
and lumber handling, sawing, trimming, and planing; waste disposal; 
operation of dry kilns; finishing; shipping; storage; yard and yard 
equipment; and for power tools and affiliated equipment used in 
connection with such operations, but excluding the manufacture of 
plywood, cooperage, and veneer.
    (b) Definitions applicable to this section--(1) A-frame. The term A-
frame means a structure made of two independent columns fastened 
together at the top and separated at the bottom for stability.
    (2) Annealing. The term annealing means heating then cooling to 
soften and render less brittle.
    (3) Binder. The term binder means a chain, cable, rope, or other 
approved material used for binding loads.
    (4) Boom. The term boom means logs or timbers fastened together end 
to end

[[Page 726]]

and used to contain floating logs. The term includes enclosed logs.
    (5) Brow log. The term brow log means a log placed parallel to a 
roadway at a landing or dump to protect vehicles while loading or 
unloading.
    (6) Bunk. The term bunk means a cross support for a load.
    (7) Cant. The term cant means a log slabbed on one or more sides.
    (8) Carriage (log carriage). The term carriage means a framework 
mounted on wheels which runs on tracks or in grooves in a direction 
parallel to the face of the saw, and which contains apparatus to hold a 
log securely and advance it towards the saw.
    (9) Carrier. The term carrier means an industrial truck so designed 
and constructed that it straddles the load to be transported with 
mechanisms to pick up the load and support it during transportation.
    (10) Chipper. The term chipper means a machine which cuts material 
into chips.
    (11) Chock (bunk block) (cheese block). The terms chock, bunk block, 
and cheese block mean a wedge that prevents logs or loads from moving.
    (12) Cold deck. The term cold deck means a pile of logs stored for 
future removal.
    (13) Crotch lines. The term crotch lines means two short lines 
attached to a hoisting line by a ring or shackle, the lower ends being 
attached to loading hooks.
    (14) Dog (carriage dog). The term dog means a steel tooth, one or 
more of which are attached to each carriage knee to hold log firmly in 
place on carriage.
    (15) Drag saw. The term drag saw means a power-driven, reciprocating 
crosscut saw mounted on suitable frame and used for bucking logs.
    (16) Head block. The term head block means that part of a carriage 
which holds the log and upon which it rests. It generally consists of 
base, knee, taper set, and mechanism.
    (17) Head rig. The term head rig means a combination of head saw and 
log carriage used for the initial breakdown of logs into timbers, cants, 
and boards.
    (18) Hog. The term hog means a machine for cutting or grinding slabs 
and other coarse residue from the mill.
    (19) Husk. The term husk means a head saw framework on a circular 
mill.
    (20) Industrial truck. The term industrial truck means a mobile 
powerdriven truck or tractor.
    (21) Kiln tender. The term kiln tender means the operator of a kiln.
    (22) Lift truck. The term lift truck means an industrial truck used 
for lateral transportation and equipped with a power-operated lifting 
device, usually in the form of forks, for piling or unpiling lumber 
units or packages.
    (23) Live rolls. The term live rolls means cylinders of wood or 
metal mounted on horizontal axes and rotated by power, which are used to 
convey slabs, lumber, and other wood products.
    (24) Loading boom. The term loading boom means any structure 
projecting from a pivot point to guide a log when lifted.
    (25) Log deck. The term Log deck means a platform in the sawmill on 
which the logs remain until needed for sawing.
    (26) Lumber hauling truck. The term lumber hauling truck means an 
industrial truck, other than a lift truck or a carrier, used for the 
transport of lumber.
    (27) Log haul. The term log haul means a conveyor for transferring 
logs to mill.
    (28) Package. The term package means a unit of lumber.
    (29) Peavy. The term peavy means a stout wooden handle fitted with a 
spike and hook and used for rolling logs.
    (30) Pike pole. The term pike pole means a long pole whose end is 
shod with a sharp pointed spike.
    (31) Pitman rod. The term pitman rod means connecting rod.
    (32) Resaw. The term resaw means band, circular, or sash gang saws 
used to break down slabs, cants, or flitches into lumber.
    (33) Running line. The term running line means any moving rope as 
distinguished from a stationary rope such as a guyline.
    (34) Safety factor. The term safety factor means a calculated 
reduction factor which may be applied to laboratory

[[Page 727]]

test values to obtain safe working stresses for wooden beams and other 
mechanical members; ratio of breaking load to safe load.
    (35) Saw guide. The term saw guide means a device for steadying a 
circular or bandsaw.
    (36) Setwork. The term setwork means a mechanism on a sawmill 
carriage which enables an operator to move the log into position for 
another cut.
    (37) Sorting gaps. The term sorting gaps means the areas on a log 
pond enclosed by boom sticks into which logs are sorted.
    (38) Spreader wheel. The term spreader wheel means a metal wheel 
that separates the board from the log in back of circular saws to 
prevent binding.
    (39) Splitter. The term splitter means a knife-type, nonrotating 
spreader.
    (40) Sticker. The term sticker means a strip of wood or other 
material used to separate layers of lumber.
    (41) Stiff boom. The term stiff boom means the anchored, stationary 
boom sticks which are tied together and on which boom men work.
    (42) Swifter. The term swifter is a means of tying boom sticks 
together to prevent them from spreading while being towed.
    (43) Telltale. The term telltale means a device used to serve as a 
warning for overhead objects.
    (44) Top saw. The term top saw means the upper of two circular saws 
on a head rig, both being on the same husk.
    (45) Tramway. The term tramway means a way for trams, usually 
consisting of parallel tracks laid on wooden beams.
    (46) Trestle. The term trestle means a braced framework of timbers, 
piles or steelwork for carrying a road or railroad over a depression.
    (c) Building facilities, and isolated equipment--(1) Safety factor. 
All buildings, docks, tramways, walkways, log dumps, and other 
structures shall be designed, constructed and maintained so as to 
support the imposed load in accordance with a safety factor.
    (2) Work areas. Work areas under mills shall be as evenly surfaced 
as local conditions permit. They shall be free from unnecessary 
obstructions and provided with lighting facilities in accordance with 
American National Standard for Industrial Lighting A11.1--1965, which is 
incorporated by reference as specified in Sec.  1910.6.
    (3) Floors. Flooring in buildings and on ramps and walkways shall be 
constructed and installed in accordance with established principles of 
mechanics and sound engineering practices. They shall be of adequate 
strength to support the estimated or actual dead and live loads acting 
on them with the resultant stress not exceeding the allowable stress for 
the material being used.
    (i) [Reserved]
    (ii) Areas beneath floor openings. Areas under floor openings shall, 
where practical, be fenced off. When this is not practical, they shall 
be plainly marked and telltales shall be installed to hang over these 
areas.
    (iii) Floor maintenance. The flooring of buildings, docks, and 
passageways shall be kept in good repair. When a hazardous condition 
develops that cannot be immediately repaired, the area shall be guarded 
until adequate repairs are made.
    (iv) Nonslip floors. Floors, footwalks, and passageways in the work 
area around machines or other places where a person is required to stand 
or walk shall be provided with effective means to minimize slipping.
    (4) Walkways, docks, and platforms--(i) Width. Walkways, docks, and 
platforms shall be of sufficient width to provide adequate passage and 
working areas.
    (ii) Maintenance. Walkways shall be evenly floored and kept in good 
repair.
    (iii) Docks. Docks and runways used for the operation of lift trucks 
and other vehicles shall have a substantial guard or shear timber except 
where loading and unloading are being performed.
    (iv) Elevated walks. All elevated walks, runways, or platforms, if 4 
feet or more from the floor level, shall be provided with a standard 
railing except on loading or unloading sides of platforms. If height 
exceeds 6 feet, a standard toe board also shall be provided to prevent 
material from rolling or falling off.
    (v) Elevated platforms. Where elevated platforms are used routinely 
on a daily basis, they shall be equipped with

[[Page 728]]

stairways or fixed ladders that comply with subpart D of this part.
    (vi) Hazardous locations. Where required, walkways and stairways 
with standard handrails shall be provided in elevated and hazardous 
locations. Where such passageways are over walkways or work areas, 
standard toe boards shall be provided.
    (5) Stairways--(i) Construction. Stairways shall be constructed in 
accordance with subpart D of this part.
    (ii) Handrails. Stairways shall be provided with a standard handrail 
on at least one side or on any open side. Where stairs are more than 
four feet wide there shall be a standard handrail at each side, and 
where more than eight feet wide, a third standard handrail shall be 
erected in the center of the stairway.
    (iii) Lighting. All stairways shall be adequately lighted as 
prescribed in paragraph (c)(9) of this section.
    (6) Emergency exits including doors and fire escapes--(i) Opening. 
Doors shall not open directly on or block a flight of stairs, and shall 
swing in the direction of exit travel.
    (ii) Identification. Exits shall be located and identified in a 
manner that affords ready exit from all work areas.
    (iii) Swinging doors. All swinging doors shall be provided with 
windows; with one window for each section of double swinging doors. Such 
windows shall be of shatterproof or safety glass unless otherwise 
protected against breakage.
    (iv) Sliding doors. Where sliding doors are used as exits, an inner 
door shall be cut inside each of the main doors and arranged to open 
outward.
    (v) Barriers and warning signs. Where a doorway opens upon a 
railroad track or upon a tramway or dock over which vehicles travel, a 
barrier or other warning device shall be placed to prevent workmen from 
stepping into moving traffic.
    (7) Air requirements. Ventilation shall be provided to supply 
adequate fresh healthful air to rooms, buildings, and work areas.
    (8) Vats and tanks. All open vats and tanks into which workmen could 
fall shall be guarded.
    (9) Lighting--(i) Adequacy. Illumination shall be provided and 
designed to supply adequate general and local lighting to rooms, 
buildings, and work areas during the time of use.
    (ii) Effectiveness. Factors upon which the adequacy and 
effectiveness of illumination will be judged, include the following:
    (a) The quantity of light in foot-candle intensity shall be 
sufficient for the work being done.
    (b) The quality of the light shall be such that it is free from 
glare, and has correct direction, diffusion, and distribution.
    (c) Shadows and extreme contrasts shall be avoided or kept to a 
minimum.
    (10) [Reserved]
    (11) Hazard marking. Physical hazard marking shall be as specified 
in Sec.  1910.144 of this part.
    (12) [Reserved]
    (13) Hydraulic systems. Means shall be provided to block, chain, or 
otherwise secure equipment normally supported by hydraulic pressure so 
as to provide for safe maintenance.
    (14) [Reserved]
    (15) Gas piping and appliances. All gas piping and appliances shall 
be installed in accordance with the American National Standard 
Requirements for the Installation of Gas Appliances and Gas Piping 
Z21.30--1964, which is incorporated by reference as specified in Sec.  
1910.6.
    (16)-(17) [Reserved]
    (18) Conveyors--(i) Standards. Construction, operation, and 
maintenance of conveyors shall be in accordance with American National 
Standard B20.1--1957, which is incorporated by reference as specified in 
Sec.  1910.6.
    (ii) Guarding. Spiked live rolls shall be guarded.
    (19) Stationary tramways and trestles--(i) Foundations and walkways. 
Tramways and trestles shall have substantial mud sills or foundations 
which shall be frequently inspected and kept in repair. When vehicles 
are operated on tramways and trestles which are used for foot passage, 
traffic shall be controlled or a walkway with standard handrails at the 
outer edge and shear timber on the inner edge shall be provided. This 
walkway shall be wide enough to allow adequate clearance to vehicles. 
When walkways cross over

[[Page 729]]

other thoroughfares, they shall be solidly fenced at the outer edge to a 
height of 42 inches over such thoroughfares.
    (ii) Clearance. Stationary tramways and trestles shall have a 
vertical clearance of 22 feet over railroad rails. When constructed over 
carrier docks or roads, they shall have a clearance of 6 feet above the 
driver's foot rest on the carrier, and in no event shall this clearance 
be less than 12 feet from the roadway. In existing operations where it 
is impractical to obtain such clearance, telltales, electric signals, 
signs or other precautionary measures shall be installed.
    (20) Blower, collecting, and exhaust systems--(i) Design, 
construction, and maintenance. Blower collecting, and exhaust systems 
should be designed, constructed, and maintained in accordance with 
American National Standards Z33.1--1961 (For the Installation of Blower 
and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying) and 
Z12.2--1962 (R1969) (Code for the Prevention of Dust Explosion in 
Woodworking and Wood Flour Manufacturing Plants), which are incorporated 
by reference as specified in Sec.  1910.6.
    (ii) Collecting systems. All mills containing one or more machines 
that create dust, shavings, chips, or slivers during a period of time 
equal to or greater than one-fourth of the working day, shall be 
equipped with a collecting system. It may be either continuous or 
automatic, and shall be of sufficient strength and capacity to enable it 
to remove such refuse from points of operation and immediate vicinities 
of machines and work areas.
    (iii) Exhaust or conveyor systems. Each woodworking machine that 
creates dust, shavings, chips, or slivers shall be equipped with an 
exhaust or conveyor system located and adjusted to remove the maximum 
amount of refuse from the point of operation and immediate vicinity.
    (iv) [Reserved]
    (v) Dust chambers. Exhaust pipes shall not discharge into an 
unconfined outside pile if uncontrolled fire or explosion hazards are 
created. They may empty into settling or dust chambers, designed to 
prevent the dust or refuse from entering any work area. Such chambers 
shall be constructed and operated to minimize the danger of fire or dust 
explosion.
    (vi) Hand removal of refuse. Provision for the daily removal of 
refuse shall be made in all operations not required to have an exhaust 
system or having refuse too heavy, bulky, or otherwise unsuitable to be 
handled by the exhaust system.
    (21) Chippers--(i) Whole-log chippers. The feed system to the 
chipper shall be arranged so the operator does not stand in direct line 
with the chipper spout (hopper). The chipper spout shall be enclosed to 
a height of not less than 36 inches from the floor or the operator's 
platform. A safety belt and lifeline shall be worn by workmen when 
working at or near the spout unless the spout is guarded. The lifeline 
shall be short enough to prevent workers from falling into the chipper.
    (ii) Hogs. (a) Hog mills shall be so designed and arranged that from 
no position on the rim of the chute shall the distance to the cutter 
knives be less than 40 inches.
    (b) Hog feed chutes shall be provided with suitable and approved 
baffles, which shall minimize material from being thrown from the mill.
    (c) Employees feeding hog mills shall be provided with safety belts 
and lines unless guarded.
    (22) [Reserved]
    (23) Bins, bunkers, hoppers, and fuel houses--(i) Guarding. Open 
bins, bunkers, and hoppers whose upper edges extend less than 3 feet 
above working level shall be equipped with standard handrails and toe 
boards, or have their tops covered by a substantial grill or grating 
with openings small enough to prevent a man from falling through.
    (ii) Use of wheeled equipment to load bins. Where automotive or 
other wheeled equipment is used to move materials into bins, bunkers, 
and hoppers, adequate guard rails shall be installed along each side of 
the runway, and a substantial bumper stop provided when necessary.
    (iii) Exits, lighting, and safety devices. Fuel houses and bins 
shall have adequate exits and lighting, and all necessary safety devices 
shall be provided

[[Page 730]]

and shall be used by persons entering these structures.
    (iv) Walkways. Where needed, fuel houses and bins shall have a 
standard railed platform or walkway near the top.
    (24) Ropes, cables, slings, and chains--(i) Safe usage. Ropes, 
cables, slings, and chains shall be used in accordance with safe use 
practices recommended by the manufacturer or within safe limits 
recommended by the equipment manufacturer when used in conjunction with 
it.
    (ii) Hooks. No open hook shall be used in rigging to lift any load 
where there is hazard from relieving the tension on the hook from the 
load or hook catching or fouling.
    (iii) Work by qualified persons. Installation, inspection, 
maintenance, repair, and testing of ropes, cables, slings, and chains 
shall be done only by persons qualified to do such work.
    (iv) Slings. Proper storage shall be provided for slings while not 
in use.
    (v) Ropes or cables. (a) Wire rope or cable shall be inspected when 
installed and once each week thereafter, when in use. It shall be 
removed from hoisting or load-carrying service when kinked or when one 
of the following conditions exists:
    (1) When three broken wires are found in one lay of 6 by 6 wire 
rope.
    (2) When six broken wires are found in one lay of 6 by 19 wire rope.
    (3) When nine broken wires are found in one lay of 6 by 37 wire 
rope.
    (4) When eight broken wires are found in one lay of 8 by 19 wire 
rope.
    (5) When marked corrosion appears.
    (6) Wire rope of a type not described herein shall be removed from 
service when 4 percent of the total number of wires composing such rope 
are found to be broken in one lay.
    (b) Wire rope removed from service due to defects shall be plainly 
marked or identified as being unfit for further use on cranes, hoists, 
and other load-carrying devices.
    (c) The ratio between the rope diameter and the drum, block, sheave, 
or pulley tread diameter shall be such that the rope will adjust itself 
to the bend without excessive wear, deformation, or injury. In no case 
shall the safe value of drums, blocks, sheaves, or pulleys be reduced 
when replacing such items unless compensating changes are made for rope 
used and for safe loading limits.
    (vi) Drums, sheaves, and pulleys. Drums, sheaves, and pulleys shall 
be smooth and free from surface defects liable to injure rope. Drums, 
sheaves, or pulleys having eccentric bores or cracked hubs, spokes, or 
flanges shall be removed from service.
    (vii) Connections. Connections, fittings, fastenings, and other 
parts used in connection with ropes and cables shall be of good quality 
and of proper size and strength, and shall be installed in accordance 
with the manufacturer's recommendations.
    (viii) Socketing, splicing, and seizing. (a) Socketing, splicing, 
and seizing of cables shall be performed only by qualified persons.
    (b) All eye splices shall be made in an approved manner and wire 
rope thimbles of proper size shall be fitted in the eye, except that in 
slings the use of thimbles shall be optional.
    (c) Wire rope clips attached with U-bolts shall have these bolts on 
the dead or short end of the rope. The U-bolt nuts shall be retightened 
immediately after initial load carrying use and at frequent intervals 
thereafter.
    (d) When a wedge socket-type fastening is used, the dead or short 
end of the cable shall be clipped with a U-bolt or otherwise made secure 
against loosening.
    (e) Fittings. Hooks, shackles, rings, pad eyes, and other fittings 
that show excessive wear or that have been bent, twisted, or otherwise 
damaged shall be removed from service.
    (f) Running lines. Running lines of hoisting equipment located 
within 6 feet 6 inches of the ground or working level shall be boxed off 
or otherwise guarded, or the operating area shall be restricted.
    (g) Number of wraps on drum. There shall be not less than two full 
wraps of hoisting cable on the drum of cranes and hoists at all times of 
operation.
    (h) Drum flanges. Drums shall have a flange at each end to prevent 
the cable from slipping off.
    (i) Sheave guards. Bottom sheaves shall be protected by close 
fitting guards to prevent cable from jumping the sheave.

[[Page 731]]

    (j) Preventing abrasion. The reeving of a rope shall be so arranged 
as to minimize chafing or abrading while in use.
    (ix) Chains. (a) Chains used in load carrying service shall be 
inspected before initial use and weekly thereafter.
    (b) Chain shall be normalized or annealed periodically as 
recommended by the manufacturer.
    (c) If at any time any 3-foot length of chain is found to have 
stretched one-third the length of a link it shall be discarded.
    (d) Bolts or nails shall not be placed between two links to shorten 
or join chains.
    (e) Broken chains shall not be spliced by inserting a bolt between 
two links with the head of the bolt and nut sustaining the load, or by 
passing one link through another and inserting a bolt or nail to hold 
it.
    (x) Fiber rope. (a) Frozen fiber rope shall not be used in load 
carrying service.
    (b) Fiber rope that has been subjected to acid or excessive heat 
shall not be used for load carrying purposes.
    (c) Fiber rope shall be protected from abrasion by padding where it 
is fastened or drawn over square corners or sharp or rough surfaces.
    (25) [Reserved]
    (26) Mechanical stackers and unstackers.
    (i) [Reserved]
    (ii) Lumber lifting devices. Lumber lifting devices on all stackers 
shall be designed and arranged so as to minimize the possibility of 
lumber falling from such devices.
    (iii) Blocking hoisting platform. Means shall be provided to 
positively block the hoisting platform when employees must go beneath 
the stacker or unstacker hoist.
    (iv) Identifying controls. Every manually operated control switch 
shall be properly identified and so located as to be readily accessible 
to the operator.
    (v) Locking main control switches. Main control switches shall be so 
designed that they can be locked in the open position.
    (vi) Guarding side openings. The hoistway side openings at the top 
level of the stacker and unstacker shall be protected by enclosures of 
standard railings.
    (vii) Guarding hoistway openings. When the hoist platform or top of 
the load is below the working platform, the hoistway openings shall be 
guarded.
    (viii) Guarding lower landing area. The lower landing area of 
stackers and unstackers shall be guarded by enclosures that prevent 
entrance to the area or pit below the hoist platform. Entrances should 
be protected by electrically interlocked gates which, when open, will 
disconnect the power and set the hoist brakes. When the interlock is not 
installed, other positive means of protecting the entrance shall be 
provided.
    (ix) Inspection. Every stacker and unstacker shall be inspected at 
frequent intervals and all defective parts shall be immediately repaired 
or replaced.
    (x) Cleaning pits. Safe means of entrance and exit shall be provided 
to permit cleaning of pits.
    (xi) Preventing entry to hazardous area. Where the return of trucks 
from unstacker to stacker is by mechanical power or gravity, adequate 
signs, warning devices, or barriers shall be erected to prevent entry 
into the hazardous area.
    (27) Lumber piling and storage--(i) Pile foundations. In stacking 
units of lumber, pile foundations shall be designed and arranged to 
support maximum loads without sinking, sagging, or permitting the piles 
to topple. In unit package piles, substantial bolsters or unit 
separators shall be placed between each package directly over the 
stickers.
    (ii) Stacking dissimilar unit packages. Long units of lumber shall 
not be stacked upon shorter packages except where a stable pile can be 
made with the use of package separators.
    (iii) Unstable piles. Piles of lumber which have become unstable 
shall be immediately made safe, or the area into which they might fall 
shall be fenced or barricaded and employees prohibited from entering it.
    (iv) Stickers. Unit packages of lumber shall be provided with 
stickers as necessary to insure stability under ordinary operating 
conditions.
    (v) Sticker alignment. Stickers shall extend the full width of the 
package, shall be uniformly spaced, and shall be

[[Page 732]]

aligned one above the other. Stickers may be lapped with a minimum 
overlapping of 12 inches. Stickers shall not protrude more than 2 inches 
beyond the sides of the package.
    (vi) Pile height. The height of unit package piles shall be 
dependent on the dimensions of the packages and shall be such as to 
provide stability under normal operating conditions. Adjacent lumber 
piles may be tied together with separators to increase stability.
    (28) Lumber loading. Loads shall be built and secured to insure 
stability in transit.
    (29) Burners--(i) Guying. If the burner stack is not self-
supporting, it shall be guyed or otherwise supported.
    (ii) Runway. The conveyor runway to the burner shall be equipped 
with a standard handrail. If the runway crosses a roadway or 
thoroughfare, standard toe boards shall be provided in addition.
    (30) Vehicles--(i) Scope. Vehicles shall include all mobile 
equipment normally used in sawmill, planing mill, storage, shipping, and 
yard operations.
    (ii) Warning signals and spark arrestors. All vehicles shall be 
equipped with audible warning signals and where practicable shall have 
spark arrestors.
    (iii) Lights. All vehicles operated in the dark or in poorly lighted 
areas shall be equipped with head and tail lights.
    (iv) Overhead guard. All vehicles operated in areas where overhead 
hazards exist shall be equipped with an approved overhead guard. See 
American National Standard Safety Code for Powered Industrial Trucks, 
B56.1--1969, which is incorporated by reference as specified in Sec.  
1910.6.
    (v) Platform guard. Where the operator is exposed to hazard from 
backing the vehicle into objects, an approved platform guard shall be 
provided and so arranged as to not impede exit of driver from vehicle.
    (vi) [Reserved]
    (vii) Operation in buildings. Vehicles powered by internal 
combustion engines shall not operate in buildings unless the buildings 
are adequately ventilated.
    (viii) Load limits. No vehicle shall be operated with loads 
exceeding its safe load capacity.
    (ix) Brakes. All vehicles shall be equipped with brakes capable of 
holding and controlling the vehicle and capacity load upon any incline 
or grade over which they may be operated.
    (x) [Reserved]
    (xi) Carriers. (a) Carriers shall be so designed and constructed 
that the operator's field of vision shall not be unnecessarily 
restricted.
    (b) Carriers shall be provided with an access ladder or equivalent.
    (xii) Lumber hauling trucks. (a) On trucks where movement of load on 
stopping would endanger the operator, a substantial bulkhead shall be 
installed behind the operator's seat. This shall extend to the top of 
the operator's compartment.
    (b) Stakes, stake pockets, racks, tighteners, and binders shall 
provide adequate means to secure the load against any movement during 
transit.
    (c) Where rollers are used, at least two shall be equipped with 
locks which shall be locked when supporting loads during transit.
    (31) Traffic control and flow--(i) Hazardous crossings. Railroad 
tracks and other hazardous crossings shall be plainly posted.
    (ii) Restricted overhead clearance. All areas of restricted side or 
overhead clearance shall be plainly marked.
    (iii) Pickup and unloading points. Pickup and unloading points and 
paths for lumber packages on conveyors and transfers and other areas 
where accurate spotting is required, shall be plainly marked and wheel 
stops provided where necessary.
    (iv) Aisles, passageways, and roadways. Aisles, passageways, and 
roadways shall be sufficiently wide to provide safe side clearance. One-
way aisles may be used for two-way traffic if suitable turnouts are 
provided.
    (d) Log handling, sorting, and storage--(1) Log unloading methods, 
equipment, and facilities--(i) Unloading methods. (a) Stakes and chocks 
which trip shall be constructed in such manner that the tripping 
mechanism that releases the stake or chocks is activated at the opposite 
side of the load being tripped.
    (b) Binders on logs shall not be released prior to securing with 
unloading lines or other unloading device.

[[Page 733]]

    (c) Binders shall be released only from the side on which the 
unloader operates, except when released by remote control devices or 
except when person making release is protected by racks or stanchions or 
other equivalent means.
    (d) Loads on which a binder is fouled by the unloading machine shall 
have an extra binder or metal band of equal strength placed around the 
load, or the load shall be otherwise secured so the fouled binder can be 
safely removed.
    (ii) Unloading equipment and facilities. (a) Machines used for 
hoisting, unloading, or lowering logs shall be equipped with brakes 
capable of controlling or holding the maximum load in midair.
    (b) The lifting cylinders of all hydraulically operated log handling 
machines shall be equipped with a positive device for preventing the 
uncontrolled lowering of the load or forks in case of a failure in the 
hydraulic system.
    (c) A limit switch shall be installed on powered log handling 
machines to prevent the lift arms from traveling too far in the event 
the control switch is not released in time.
    (d) When forklift-type machines are used to load trailers, a means 
of securing the loading attachment to the fork shall be installed and 
used.
    (e) A-frames and similar log unloading devices shall have adequate 
height to provide safe clearance for swinging loads and to provide for 
adequate crotch lines and spreader bar devices.
    (f) Log handling machines used to stack logs or lift loads above 
operator's head shall be equipped with adequate overhead protection.
    (g) All mobile log handling machines shall be equipped with 
headlights and backup lights.
    (h) Unloading devices shall be equipped with a horn or other plainly 
audible signaling device.
    (i) Movement of unloading equipment shall be coordinated by audible 
or hand signals when operator's vision is impaired or operating in the 
vicinity of other employees.
    (j) Wood pike poles shall be made of straight-grained, select 
material. Metal or conductive pike poles shall not be used around 
exposed energized electrical conductors. Defective, blunt, or dull pike 
poles shall not be used.
    (2) Log unloading and storage areas--(i) General. (a) Log dumps, 
booms, ponds, or storage areas used at night shall be illuminated in 
accordance with the requirements of American National Standard A11.1-
1965 (R-1970) Standard Practice for Industrial Lighting, which is 
incorporated by reference as specified in Sec.  1910.6.
    (b) Log unloading areas shall be arranged and maintained to provide 
a safe working area.
    (c) Where skids are used, space adequate to clear a man's body shall 
be maintained between the top of the skids and the ground.
    (d) Signs prohibiting unauthorized foot or vehicle traffic in log 
unloading and storage areas shall be posted.
    (ii) Water log dumps. (a) Ungrounded electrically powered hoists 
using handheld remote control in grounded locations, such as log dumps 
or mill log lifts, shall be actuated by circuits operating at less than 
50 volts to ground.
    (b) Roadbeds at log dumps shall be of sufficient width and evenness 
to insure safe operation of equipment.
    (c) An adequate brow log or skid timbers or the equivalent shall be 
provided where necessary. Railroad-type dumps, when located where logs 
are dumped directly into water or where entire loads are lifted from 
vehicle, may be exempted providing such practice does not create a 
hazardous exposure of personnel or equipment.
    (d) Unloading lines shall be arranged so that it is not necessary 
for the employees to attach them from the pond or dump side of the load 
except when entire loads are lifted from the log-transporting vehicle.
    (e) Unloading lines, crotch lines, or equally effective means shall 
be arranged and used in a manner to minimize the possibility of any log 
from swinging or rolling back.
    (f) When logs are unloaded with peavys or similar manual methods, 
means shall be provided and used that will minimize the danger from 
rolling or swinging logs.
    (g) Guardrails, walkways, and standard handrails shall be installed
    (h) Approved life rings (see: 46 CFR 160.099 and 46 CFR 160.050) 
with line attached and maintained to retain buoyancy shall be provided.

[[Page 734]]

    (iii) Log booms and ponds. (a) Walkways and floats shall be 
installed and securely anchored to provide adequate passageway for 
employees.
    (b) All regular boom sticks and foot logs shall be reasonably 
straight, with no protruding knots and bark, and shall be capable of 
supporting, above the water line at either end, the weight of an 
employee and equipment.
    (c) Permanent cable swifters shall be so arranged that it will not 
be necessary to roll boom sticks in order to attach or detach them.
    (d) Periodic inspection of cable or dogging lines shall be made to 
determine when repair or removal from service is necessary.
    (e) The banks of the log pond in the vicinity of the log haul shall 
be reinforced to prevent caving in.
    (f) Artificial log ponds shall be drained, cleaned, and refilled 
when unhealthy stagnation or pollution occurs.
    (g) Employees whose duties require them to work from boats, floating 
logs, boom sticks, or walkways along or on water shall be provided with 
and shall wear appropriate buoyant devices while performing such duties.
    (h) Stiff booms shall be two float logs wide secured by boom chains 
or other connecting devices, and of a width adequate for the working 
needs. Walking surfaces shall be free of loose material and maintained 
in good repair.
    (i) Boom sticks shall be fastened together with adequate crossties 
or couplings.
    (j) Floating donkeys or other power-driven machinery used on booms 
shall be placed on a raft or float with enough buoyancy to keep the deck 
well above water.
    (k) All sorting gaps shall have a substantial stiff boom on each 
side.
    (iv) Pond boats and rafts. The applicable provisions of the Standard 
for Fire Protection for Motorcraft, NFPA No. 302--1968, which is 
incorporated by reference as specified in Sec.  1910.6, shall be 
complied with.
    (a) Decks of pond boats shall be covered with nonslip material.
    (b) Powered pond boats or rafts shall be provided with at least one 
approved fire extinguisher, and one lifering with line attached.
    (c) Boat fuel shall be transported and stored in approved safety 
containers. Refer to Sec.  1910.155(c)(3) for definition of approved.
    (d) Inspection, maintenance, and ventilation of the bilge area shall 
be provided to prevent accumulation of highly combustible materials.
    (e) Adequate ventilation shall be provided for the cabin area on 
enclosed cabin-type boats to prevent accumulation of harmful gases or 
vapors.
    (v) Dry deck storage. (a) Dry deck storage areas shall be kept 
orderly and shall be maintained in a condition which is conducive to 
safe operation of mobile equipment.
    (b) Logs shall be stored in a safe and orderly manner, and roadways 
and traffic lanes shall be maintained at a width adequate for safe 
travel of log handling equipment.
    (c) Logs shall be arranged to minimize the chance of accidentally 
rolling from the deck.
    (vi) Log hauls and slips. (a) Walkways along log hauls shall have a 
standard handrail on the outer edge, and cleats or other means to assure 
adequate footing and enable employees to walk clear of the log chute.
    (b) Log haul bull chains or cable shall be designed, installed, and 
maintained to provide adequate safety for the work need.
    (c) Log haul gear and bull chain drive mechanism shall be guarded.
    (d) Substantial troughs for the return strand of log haul chains 
shall be provided over passageways.
    (e) Log haul controls shall be located and identified to operate 
from a position where the operator will, at all times, be in the clear 
of logs, machinery, lines, and rigging. In operations where control is 
by lever exposed to incoming logs, the lever shall be arranged to 
operate the log haul only when moved toward the log slip or toward the 
log pond.
    (f) A positive stop shall be installed on all log hauls to prevent 
logs from traveling too far ahead in the mill.
    (g) Overhead protection shall be provided for employees working 
below logs being moved to the log deck.
    (h) Log wells shall be provided with safeguards to minimize the 
possibility

[[Page 735]]

of logs rolling back into well from log deck.
    (3) Log decks--(i) Access. Safe access to the head rig shall be 
provided.
    (ii) Stops. Log decks shall be provided with adequate stops, chains, 
or other safeguards to prevent logs from rolling down the deck onto the 
carriage or its runway.
    (iii) Barricade. A barricade or other positive stop of sufficient 
strength to stop any log shall be erected between the sawyer's stand and 
the log deck.
    (iv) Loose chains. Loose chains from overhead canting devices or 
other equipment shall not be allowed to hang over the log deck in such 
manner as to strike employees.
    (v) Swing saws. Swing saws on log decks shall be equipped with a 
barricade and stops for protection of employees who may be on the 
opposite side of the log haul chute.
    (vi) Drag saws. Where reciprocating log cutoff saws (drag saws) are 
provided, they shall not project into walkway or aisle.
    (vii) Circular cutoff saws. Circular log bucking or cutoff saws 
shall be so located and guarded as to allow safe entrance to and exit 
from the building.
    (viii) Entrance doorway. Where the cutoff saw partially blocks the 
entrance from the log haul runway, the entrance shall be guarded.
    (4) Mechanical barkers--(i) Rotary barkers. Rotary barking devices 
shall be so guarded as to protect employees from flying chips, bark, or 
other extraneous material.
    (ii) Elevating ramp. If an elevating ramp or gate is used, it shall 
be provided with a safety chain, hook, or other means of suspension 
while employees are underneath.
    (iii) Area around barkers. The hazardous area around ring barkers 
and their conveyors shall be fenced off or posted as a prohibited area 
for unauthorized persons.
    (iv) Enclosing hydraulic barkers. Hydraulic barkers shall be 
enclosed with strong baffles at the inlet and outlet. The operator shall 
be protected by adequate safety glass or equivalent.
    (v) Holddown rolls. Holddown rolls shall be installed at the infeed 
and outfeed sections of mechanical ring barkers to control the movement 
of logs.
    (e) Log breakdown and related machinery and facilities--(1) Log 
carriages and carriage runways--(i) Bumpers. A substantial stop or 
bumper with adequate shock-absorptive qualities shall be installed at 
each end of the carriage runway.
    (ii) Footing. Rider-type carriages shall be floored to provide 
secure footing and a firm working platform for the block setter.
    (iii) Sheave housing. Sheaves on rope-driven carriages shall be 
guarded at floor line with substantial housings.
    (iv) Carriage control. A positive means shall be provided to prevent 
unintended movement of the carriage. This may involve a control locking 
device, a carriage tie-down, or both.
    (v) Barriers and warning signs. A barrier shall be provided to 
prevent employees from entering the space necessary for travel of the 
carriage, with headblocks fully receded, for the full length and extreme 
ends of carriage runways. Warning signs shall be posted at possible 
entry points to this area.
    (vi) Overhead clearance. For a rider-type carriage adequate overhead 
clear space above the carriage deck shall be provided for the full 
carriage runway length.
    (vii) Sweeping devices. Carriage track sweeping devices shall be 
used to keep track rails clear of debris.
    (viii) Dogs. Dogging devices shall be adequate to secure logs, 
cants, or boards, during sawing operations.
    (2) Head saws--(i) Band head saws. (a) Band head saws shall not be 
operated at speeds in excess of those recommended by the manufacturer
    (b) Band head saws shall be thoroughly inspected for cracks, splits, 
broken teeth, and other defects. A bandsaw with a crack greater than 
one-tenth the width of the saw shall not be placed in service until 
width of saw is reduced to eliminate crack, until cracked section is 
removed, or crack development is stopped.
    (c) Provisions shall be made for alerting and warning employees 
before starting band head saws, and measures shall be taken to insure 
that all persons are in the clear.

[[Page 736]]

    (ii) Bandsaw wheels. (a) No bandsaw wheel shall be run at a 
peripheral speed in excess of that recommended by the manufacturer. The 
manufacturer's recommended maximum speed shall be stamped in plainly 
legible figures on some portion of the wheel.
    (b) Band head saw wheels shall be subjected to monthly inspections. 
Hubs, spokes, rims, bolts, and rivets shall be thoroughly examined in 
the course of such inspections. A loose or damaged hub, a rim crack, or 
loose spokes shall make the wheel unfit for service.
    (c) Band wheels shall be completely encased or guarded, except for a 
portion of the upper wheel immediately around the point where the blade 
leaves the wheel, to permit operator to observe movement of equipment. 
Necessary ventilating and observation ports may be permitted. 
Substantial doors or gates are allowed for repair, lubrication, and saw 
changes; such doors or gates shall be closed securely during operation. 
Band head rigs shall be equipped with a saw catcher or guard of 
substantial construction.
    (iii) Single circular head saws. (a) Circular head saws shall not be 
operated at speeds in excess of those specified by the manufacturer. 
Maximum speed shall be etched on the saw.
    (b) Circular head saws shall be equipped with safety guides which 
can be readily adjusted without use of hand tools.
    (c) The upper saw of a double circular mill shall be provided with a 
substantial hood or guard. A screen or other suitable device shall be 
placed so as to protect the sawyer from flying particles.
    (d) All circular sawmills where live rolls are not used behind the 
head saw shall be equipped with a spreader wheel or splitter.
    (iv) Twin circular head saws. Twin circular head saws rigs such as 
scrag saws shall meet the specifications for single circular head saws 
in paragraph (e)(2)(iii) of this section where applicable.
    (v) Whole-log sash gang saws (Swedish gangs). (a) Cranks, pitman 
rods, and other moving parts shall be adequately guarded.
    (b) Feed rolls shall be enclosed by a cover over the top, front, and 
open ends except where guarded by location. Drive mechanism to feed 
rolls shall be enclosed.
    (c) Carriage cradles of whole-log sash gang saws (Swedish gangs), 
shall be of adequate height to prevent logs from kicking out while being 
loaded.
    (3) Resaws--(i) Band resaws. Band resaws shall meet the 
specifications for band head saws as required by paragraph (e)(2)(i) of 
this section.
    (ii) Circular gang resaws. (a) Banks of circular gang resaws shall 
be guarded by a hood.
    (b) Circular gang resaws shall be provided with safety fingers or 
other antikickback devices.
    (c) Circular gang resaws shall not be operated at speeds exceeding 
those recommended by the manufacturer.
    (d) [Reserved]
    (e) Feed rolls shall be guarded.
    (f) Each circular gang resaw, except self-feed saws with a live roll 
or wheel at back of saw, shall be provided with spreaders.
    (iii) Sash gang resaws. Sash gang resaws shall meet the safety 
specifications of whole-log sash gang saws in accordance with the 
requirements of paragraph (e)(2)(v) of this section.
    (4) Trimmer saws--(i) Maximum speed. Trimmer saws shall not be run 
at peripheral speeds in excess of those recommended by the manufacturer.
    (ii) Guards. (a) Trimmer saws shall be guarded in front by adequate 
baffles to protect against flying debris and they shall be securely 
bolted to a substantial frame. These guards for a series of saws shall 
be set as close to the top of the trimmer table as is practical.
    (b) The end saws on trimmer shall be guarded.
    (c) The rear of trimmer saws shall have a guard the full width of 
the saws and as much wider as practical.
    (iii) Safety stops. Automatic trimmer saws shall be provided with 
safety stops or hangers to prevent saws from dropping on table.
    (5) Edgers--(i) Location. (a) Where vertical arbor edger saws are 
located ahead of the main saw, they shall be so guarded that an employee 
cannot contact any part of the edger saw from his normal position.

[[Page 737]]

    (b) Edgers shall not be located in the main roll case behind the 
head saws.
    (ii) Guards. (a) The top and the openings in end and side frames of 
edgers shall be adequately guarded and gears and chains shall be fully 
housed. Guards may be hinged or otherwise arranged to permit oiling and 
the removal of saws.
    (b) All edgers shall be equipped with pressure feed rolls.
    (c) Pressure feed rolls on edgers shall be guarded against 
accidental contact.
    (iii) Antikickback devices. (a) Edgers shall be provided with safety 
fingers or other approved methods of preventing kickbacks or guarding 
against them. A barricade in line with the edger, if properly fenced 
off, may be used if safety fingers are not feasible to install.
    (b) A controlling device shall be installed and located so that the 
operator can stop the feed mechanism without releasing the tension of 
the pressure rolls.
    (iv) Operating speed of live rolls. Live rolls and tailing devices 
in back of edger shall operate at a speed not less than the speed of the 
edger feed rolls.
    (6) Planers--(i) Guards. (a) All cutting heads shall be guarded.
    (b) Side head hoods shall be of sufficient height to safeguard the 
head setscrew.
    (c) Pressure feed rolls and ``pineapples'' shall be guarded.
    (d) Levers or controls shall be so arranged or guarded as to reduce 
the possibility of accidental operation.
    (f) Dry kilns and facilities--(1) Kiln foundations. Dry kilns shall 
be constructed upon solid foundations to prevent tracks from sagging
    (2) Passageways. A passageway shall be provided to give adequate 
clearance on at least one side or in the center of end-piled kilns and 
on two sides of cross-piled kilns.
    (3) Doors--(i) Main kiln doors. (a) Main kiln doors shall be 
provided with a method of holding them open while kiln is being loaded.
    (b) Counterweights on vertical lift doors shall be boxed or 
otherwise guarded.
    (c) Adequate means shall be provided to firmly secure main doors, 
when they are disengaged from carriers and hangers, to prevent toppling.
    (ii) Escape doors. (a) If operating procedures require access to 
kilns, kilns shall be provided with escape doors that operate easily 
from the inside, swing in the direction of exit, and are located in or 
near the main door at the end of the passageway.
    (b) Escape doors shall be of adequate height and width to 
accommodate an average size man.
    (4) Pits. Pits shall be well ventilated, drained, and lighted, and 
shall be large enough to safely accommodate the kiln operator together 
with operating devices such as valves, dampers, damper rods, and traps.
    (5) Steam mains. All high-pressure steam mains located in or 
adjacent to an operating pit shall be covered with heat-insulating 
material.
    (6) Ladders. A fixed ladder complying with the requirements of 
subpart D of this part, or other adequate means, shall be provided to 
permit access to the roof. Where controls and machinery are mounted on 
the roof, a permanent stairway with standard handrail shall be installed 
in accordance with the requirements in subpart D.
    (7) Chocks. A means shall be provided for chocking or blocking cars.
    (8) Kiln tender room. A warm room shall be provided for kiln 
employees to stay in during cold weather after leaving a hot kiln.

[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 43 
FR 49751, Oct. 24, 1978; 43 FR 51760, Nov. 7, 1978; 53 FR 12123, Apr. 
12, 1988; 55 FR 32015, Aug. 6, 1990; 61 FR 9241, Mar. 7, 1996; 63 FR 
33467, June 18, 1998; 70 FR 53929, Sept. 13, 2005; 76 FR 80739, Dec. 27, 
2011; 81 FR 83006, Nov. 18, 2016]



Sec.  1910.266  Logging operations.

    (a) Table of contents. This paragraph contains the list of 
paragraphs and appendices contained in this section.

a. Table of contents
b. Scope and application
c. Definitions
d. General requirements
    1. Personal protective equipment
    2. First-aid kits
    3. Seat belts
    4. Fire extinguishers
    5. Environmental conditions
    6. Work areas
    7. Signaling and signal equipment
    8. Overhead electric lines
    9. Flammable and combustible liquids

[[Page 738]]

    10. Explosives and blasting agents
e. Hand and portable powered tools
    1. General requirements
    2. Chain saws
f. Machines
    1. General requirements
    2. Machine operation
    3. Protective structures
    4. Overhead guards
    5. Machine access
    6. Exhaust systems
    7. Brakes
    8. Guarding
g. Vehicles
h. Tree harvesting
    1. General requirements
    2. Manual felling
    3. Bucking and limbing
    4. Chipping
    5. Yarding
    6. Loading and unloading
    7. Transport
    8. Storage
i. Training
j. Appendices
Appendix A--Minimum First-aid Supplies
Appendix B--Minimum First-aid Training
Appendix C--Corresponding ISO Agreements

    (b) Scope and application. (1) This standard establishes safety 
practices, means, methods and operations for all types of logging, 
regardless of the end use of the wood. These types of logging include, 
but are not limited to, pulpwood and timber harvesting and the logging 
of sawlogs, veneer bolts, poles, pilings and other forest products. This 
standard does not cover the construction or use of cable yarding 
systems.
    (2) This standard applies to all logging operations as defined by 
this section.
    (3) Hazards and working conditions not specifically addressed by 
this section are covered by other applicable sections of part 1910.
    (c) Definitions applicable to this section.
    Arch. An open-framed trailer or built-up framework used to suspend 
the leading ends of trees or logs when they are skidded.
    Backcut (felling cut). The final cut in a felling operation.
    Ballistic nylon. A nylon fabric of high tensile properties designed 
to provide protection from lacerations.
    Buck. To cut a felled tree into logs.
    Butt. The bottom of the felled part of a tree.
    Cable yarding. The movement of felled trees or logs from the area 
where they are felled to the landing on a system composed of a cable 
suspended from spars and/or towers. The trees or logs may be either 
dragged across the ground on the cable or carried while suspended from 
the cable.
    Chock. A block, often wedge shaped, which is used to prevent 
movement; e.g., a log from rolling, a wheel from turning.
    Choker. A sling used to encircle the end of a log for yarding. One 
end is passed around the load, then through a loop eye, end fitting or 
other device at the other end of the sling. The end that passed through 
the end fitting or other device is then hooked to the lifting or pulling 
machine.
    Danger tree. A standing tree that presents a hazard to employees due 
to conditions such as, but not limited to, deterioration or physical 
damage to the root system, trunk, stem or limbs, and the direction and 
lean of the tree.
    Debark. To remove bark from trees or logs.
    Deck. A stack of trees or logs.
    Designated person. An employee who has the requisite knowledge, 
training and experience to perform specific duties.
    Domino felling. The partial cutting of multiple trees which are left 
standing and then pushed over with a pusher tree.
    Fell (fall). To cut down trees.
    Feller (faller). An employee who fells trees.
    Grounded. The placement of a component of a machine on the ground or 
on a device where it is firmly supported.
    Guarded. Covered, shielded, fenced, enclosed, or otherwise protected 
by means of suitable enclosures, covers, casings, shields, troughs, 
railings, screens, mats, or platforms, or by location, to prevent 
injury.
    Health care provider. A health care practitioner operating with the 
scope of his/her license, certificate, registration or legally 
authorized practice.
    Landing. Any place where logs are laid after being yarded, and 
before transport from the work site.
    Limbing. To cut branches off felled trees.

[[Page 739]]

    Lodged tree (hung tree). A tree leaning against another tree or 
object which prevents it from falling to the ground.
    Log. A segment sawed or split from a felled tree, such as, but not 
limited to, a section, bolt, or tree length.
    Logging operations. Operations associated with felling and moving 
trees and logs from the stump to the point of delivery, such as, but not 
limited to, marking danger trees and trees/logs to be cut to length, 
felling, limbing, bucking, debarking, chipping, yarding, loading, 
unloading, storing, and transporting machines, equipment and personnel 
to, from and between logging sites.
    Machine. A piece of stationary or mobile equipment having a self-
contained powerplant, that is operated off-road and used for the 
movement of material. Machines include, but are not limited to, 
tractors, skidders, front-end loaders, scrapers, graders, bulldozers, 
swing yarders, log stackers, log loaders, and mechanical felling 
devices, such as tree shears and feller-bunchers. Machines do not 
include airplanes or aircraft (e.g., helicopters).
    Rated capacity. The maximum load a system, vehicle, machine or piece 
of equipment was designed by the manufacturer to handle.
    Root wad. The ball of a tree root and dirt that is pulled from the 
ground when a tree is uprooted.
    Serviceable condition. A state or ability of a tool, machine, 
vehicle or other device to operate as it was intended by the 
manufacturer to operate.
    Skidding. The yarding of trees or logs by pulling or towing them 
across the ground.
    Slope (grade). The increase or decrease in altitude over a 
horizontal distance expressed as a percentage. For example, a change of 
altitude of 20 feet (6 m) over a horizontal distance of 100 feet (30 m) 
is expressed as a 20 percent slope.
    Snag. Any standing dead tree or portion thereof.
    Spring pole. A tree, segment of a tree, limb, or sapling which is 
under stress or tension due to the pressure or weight of another object.
    Tie down. Chain, cable, steel strips or fiber webbing and binders 
attached to a truck, trailer or other conveyance as a means to secure 
loads and to prevent them from shifting or moving when they are being 
transported.
    Undercut. A notch cut in a tree to guide the direction of the tree 
fall and to prevent splitting or kickback.
    Vehicle. A car, bus, truck, trailer or semi-trailer owned, leased or 
rented by the employer that is used for transportation of employees or 
movement of material.
    Winching. The winding of cable or rope onto a spool or drum.
    Yarding. The movement of logs from the place they are felled to a 
landing.
    (d) General requirements--(1) Personal protective equipment. (i) The 
employer shall assure that personal protective equipment, including any 
personal protective equipment provided by an employee, is maintained in 
a serviceable condition.
    (ii) The employer shall assure that personal protective equipment, 
including any personal protective equipment provided by an employee, is 
inspected before initial use during each workshift. Defects or damage 
shall be repaired or the unserviceable personal protective equipment 
shall be replaced before work is commenced.
    (iii) The employer shall provide, at no cost to the employee, and 
assure that each employee handling wire rope wears, hand protection 
which provides adequate protection from puncture wounds, cuts and 
lacerations.
    (iv) The employer shall provide, at no cost to the employee, and 
assure that each employee who operates a chain saw wears leg protection 
constructed with cut-resistant material, such as ballistic nylon. The 
leg protection shall cover the full length of the thigh to the top of 
the boot on each leg to protect against contact with a moving chain saw. 
Exception: This requirement does not apply when an employee is working 
as a climber if the employer demonstrates that a greater hazard is posed 
by wearing leg protection in the particular situation, or when an 
employee is working from a vehicular mounted elevating and rotating work 
platform meeting the requirements of 29 CFR 1910.67.
    (v) The employer shall assure that each employee wears foot 
protection, such as heavy-duty logging boots that

[[Page 740]]

are waterproof or water repellant, cover and provide support to the 
ankle. The employer shall assure that each employee who operates a chain 
saw wears foot protection that is constructed with cut-resistant 
material which will protect the employee against contact with a running 
chain saw. Sharp, calk-soled boots or other slip-resistant type boots 
may be worn where the employer demonstrates that they are necessary for 
the employee's job, the terrain, the timber type, and the weather 
conditions, provided that foot protection otherwise required by this 
paragraph is met.
    (vi) The employer shall provide, at no cost to the employee, and 
assure that each employee who works in an area where there is potential 
for head injury from falling or flying objects wears head protection 
meeting the requirements of subpart I of part 1910.
    (vii) The employer shall provide, at no cost to the employee, and 
assure that each employee wears the following:
    (A) Eye protection meeting the requirements of subpart I of part 
1910 where there is potential for eye injury due to falling or flying 
objects; and
    (B) Face protection meeting the requirements of subpart I of part 
1910 where there is potential for facial injury such as, but not limited 
to, operating a chipper. Logger-type mesh screens may be worn by 
employees performing chain-saw operations and yarding.

    Note to paragraph (d)(1)(vii): The employee does not have to wear a 
separate eye protection device where face protection covering both the 
eyes and face is worn.

    (2) First-aid kits. (i) The employer shall provide first-aid kits at 
each work site where trees are being cut (e.g., felling, bucking, 
limbing), at each active landing, and on each employee transport 
vehicle. The number of first-aid kits and the content of each kit shall 
reflect the degree of isolation, the number of employees, and the 
hazards reasonably anticipated at the work site.
    (ii) At a minimum, each first-aid kit shall contain the items listed 
in appendix A at all times.
    (iii) The employer also may have the number and content of first-aid 
kits reviewed and approved annually by a health care provider.
    (iv) The employer shall maintain the contents of each first-aid kit 
in a serviceable condition.
    (3) Seat belts. For each vehicle or machine (equipped with ROPS/FOPS 
or overhead guards), including any vehicle or machine provided by an 
employee, the employer shall assure:
    (i) That a seat belt is provided for each vehicle or machine 
operator;
    (ii) That each employee uses the available seat belt while the 
vehicle or machine is being operated;
    (iii) That each employee securely and tightly fastens the seat belt 
to restrain the employee within the vehicle or machine cab;
    (iv) That each machine seat belt meets the requirements of the 
Society of Automotive Engineers Standard SAE J386, June 1985, ``Operator 
Restraint Systems for Off-Road Work Machines'', which is incorporated by 
reference as specified in Sec.  1910.6.
    (v) That seat belts are not removed from any vehicle or machine. The 
employer shall replace each seat belt which has been removed from any 
vehicle or machine that was equipped with seat belts at the time of 
manufacture; and
    (vi) That each seat belt is maintained in a serviceable condition.
    (4) Fire extinguishers. The employer shall provide and maintain 
portable fire extinguishers on each machine and vehicle in accordance 
with the requirements of subpart L of part 1910.
    (5) Environmental conditions. All work shall terminate and each 
employee shall move to a place of safety when environmental conditions, 
such as but not limited to, electrical storms, strong winds which may 
affect the fall of a tree, heavy rain or snow, extreme cold, dense fog, 
fires, mudslides, and darkness, create a hazard for the employee in the 
performance of the job.
    (6) Work areas. (i) Employees shall be spaced and the duties of each 
employee shall be organized so the actions of one employee will not 
create a hazard for any other employee.
    (ii) Work areas shall be assigned so that trees cannot fall into an 
adjacent occupied work area. The distance between adjacent occupied work 
areas

[[Page 741]]

shall be at least two tree lengths of the trees being felled. The 
distance between adjacent occupied work areas shall reflect the degree 
of slope, the density of the growth, the height of the trees, the soil 
structure and other hazards reasonably anticipated at that work site. A 
distance of greater than two tree lengths shall be maintained between 
adjacent occupied work areas on any slope where rolling or sliding of 
trees or logs is reasonably foreseeable.
    (iii) Each employee performing a logging operation at a logging work 
site shall work in a position or location that is within visual or 
audible contact with another employee.
    (iv) The employer shall account for each employee at the end of each 
workshift.
    (7) Signaling and signal equipment. (i) Hand signals or audible 
contact, such as but not limited to, whistles, horns, or radios, shall 
be utilized whenever noise, distance, restricted visibility, or other 
factors prevent clear understanding of normal voice communications 
between employees.
    (ii) Engine noise, such as from a chain saw, is not an acceptable 
means of signaling. Other locally and regionally recognized signals may 
be used.
    (iii) Only a designated person shall give signals, except in an 
emergency.
    (8) Overhead electric lines. (i) Logging operations near overhead 
electric lines shall be done in accordance with the requirements of 29 
CFR 1910.333(c)(3).
    (ii) The employer shall notify the power company immediately if a 
felled tree makes contact with any power line. Each employee shall 
remain clear of the area until the power company advises that there are 
no electrical hazards.
    (9) Flammable and combustible liquids. (i) Flammable and combustible 
liquids shall be stored, handled, transported, and used in accordance 
with the requirements of subpart H of part 1910.
    (ii) Flammable and combustible liquids shall not be transported in 
the driver compartment or in any passenger-occupied area of a machine or 
vehicle.
    (iii) Each machine, vehicle, and portable powered tool shall be shut 
off during fueling. Diesel-powered machines and vehicles may be fueled 
while they are at idle, provided that continued operation is intended 
and that the employer follows safe fueling and operating procedures.
    (iv) Flammable and combustible liquids, including chain-saw and 
diesel fuel, may be used to start a fire, provided the employer assures 
that in the particular situation its use does not create a hazard for an 
employee.
    (10) Explosives and blasting agents. (i) Explosives and blasting 
agents shall be stored, handled, transported, and used in accordance 
with the requirements of subpart H of part 1910.
    (ii) Only a designated person shall handle or use explosives and 
blasting agents.
    (iii) Explosives and blasting agents shall not be transported in the 
driver compartment or in any passenger-occupied area of a machine or 
vehicle.
    (e) Hand and portable powered tools--(1) General requirements. (i) 
The employer shall assure that each hand and portable powered tool, 
including any tool provided by an employee, is maintained in serviceable 
condition.
    (ii) The employer shall assure that each tool, including any tool 
provided by an employee, is inspected before initial use during each 
workshift. At a minimum, the inspection shall include the following:
    (A) Handles and guards, to assure that they are sound, tight-
fitting, properly shaped, free of splinters and sharp edges, and in 
place;
    (B) Controls, to assure proper function;
    (C) Chain-saw chains, to assure proper adjustment;
    (D) Chain-saw mufflers, to assure that they are operational and in 
place;
    (E) Chain brakes and nose shielding devices, to assure that they are 
in place and function properly;
    (F) Heads of shock, impact-driven and driving tools, to assure that 
there is no mushrooming;
    (G) Cutting edges, to assure that they are sharp and properly 
shaped; and
    (H) All other safety devices, to assure that they are in place and 
function properly.
    (iii) The employer shall assure that each tool is used only for 
purposes for which it has been designed.

[[Page 742]]

    (iv) When the head of any shock, impact-driven or driving tool 
begins to chip, it shall be repaired or removed from service.
    (v) The cutting edge of each tool shall be sharpened in accordance 
with manufacturer's specifications whenever it becomes dull during the 
workshift.
    (vi) Each tool shall be stored in the provided location when not 
being used at a work site.
    (vii) Racks, boxes, holsters or other means shall be provided, 
arranged and used for the transportation of tools so that a hazard is 
not created for any vehicle operator or passenger.
    (2) Chain saws. (i) Each chain saw placed into initial service after 
the effective date of this section shall be equipped with a chain brake 
and shall otherwise meet the requirements of the ANSI B175.1-1991 
``Safety Requirements for Gasoline-Powered Chain Saws'', which is 
incorporated by reference as specified in Sec.  1910.6. Each chain saw 
placed into service before the effective date of this section shall be 
equipped with a protective device that minimizes chain-saw kickback. No 
chain-saw kickback device shall be removed or otherwise disabled.
    (ii) Each gasoline-powered chain saw shall be equipped with a 
continuous pressure throttle control system which will stop the chain 
when pressure on the throttle is released.
    (iii) The chain saw shall be operated and adjusted in accordance 
with the manufacturer's instructions.
    (iv) The chain saw shall be fueled at least 10 feet (3 m) from any 
open flame or other source of ignition.
    (v) The chain saw shall be started at least 10 feet (3 m) from the 
fueling area.
    (vi) The chain saw shall be started on the ground or where otherwise 
firmly supported. Drop starting a chain saw is prohibited.
    (vii) The chain saw shall be started with the chain brake engaged.
    (viii) The chain saw shall be held with the thumbs and fingers of 
both hands encircling the handles during operation unless the employer 
demonstrates that a greater hazard is posed by keeping both hands on the 
chain saw in that particular situation.
    (ix) The chain-saw operator shall be certain of footing before 
starting to cut. The chain saw shall not be used in a position or at a 
distance that could cause the operator to become off-balance, to have 
insecure footing, or to relinquish a firm grip on the saw.
    (x) Prior to felling any tree, the chain-saw operator shall clear 
away brush or other potential obstacles which might interfere with 
cutting the tree or using the retreat path.
    (xi) The chain saw shall not be used to cut directly overhead.
    (xii) The chain saw shall be carried in a manner that will prevent 
operator contact with the cutting chain and muffler.
    (xiii) The chain saw shall be shut off or the throttle released 
before the feller starts his retreat.
    (xiv) The chain saw shall be shut down or the chain brake shall be 
engaged whenever a saw is carried further than 50 feet (15.2 m). The 
chain saw shall be shut down or the chain brake shall be engaged when a 
saw is carried less than 50 feet if conditions such as, but not limited 
to, the terrain, underbrush and slippery surfaces, may create a hazard 
for an employee.
    (f) Machines--(1) General requirements. (i) The employer shall 
assure that each machine, including any machine provided by an employee, 
is maintained in serviceable condition.
    (ii) The employer shall assure that each machine, including any 
machine provided by an employee, is inspected before initial use during 
each workshift. Defects or damage shall be repaired or the unserviceable 
machine shall be replaced before work is commenced.
    (iii) The employer shall assure that operating and maintenance 
instructions are available on the machine or in the area where the 
machine is being operated. Each machine operator and maintenance 
employee shall comply with the operating and maintenance instructions.
    (2) Machine operation. (i) The machine shall be started and operated 
only by a designated person.
    (ii) Stationary logging machines and their components shall be 
anchored or otherwise stabilized to prevent movement during operation.

[[Page 743]]

    (iii) The rated capacity of any machine shall not be exceeded.
    (iv) To maintain stability, the machine must be operated within the 
limitations imposed by the manufacturer as described in the operating 
and maintenance instructions for that machine.
    (v) Before starting or moving any machine, the operator shall 
determine that no employee is in the path of the machine.
    (vi) The machine shall be operated only from the operator's station 
or as otherwise recommended by the manufacturer.
    (vii) The machine shall be operated at such a distance from 
employees and other machines such that operation will not create a 
hazard for an employee.
    (viii) No employee other than the operator shall ride on any mobile 
machine unless seating, seat belts and other protection equivalent to 
that provided for the operator are provided.
    (ix) No employee shall ride on any load.
    (x) Before the operator leaves the operator's station of a machine, 
it shall be secured as follows:
    (A) The parking brake or brake locks shall be applied;
    (B) The transmission shall be placed in the manufacturer's specified 
park position; and
    (C) Each moving element such as, but not limited to blades, buckets, 
saws and shears, shall be lowered to the ground or otherwise secured.
    (xi) If a hydraulic or pneumatic storage device can move the moving 
elements such as, but not limited to, blades, buckets, saws and shears, 
after the machine is shut down, the pressure or stored energy from the 
element shall be discharged as specified by the manufacturer.
    (xii) The rated capacity of any vehicle transporting a machine shall 
not be exceeded.
    (xiii) The machine shall be loaded, secured and unloaded so that it 
will not create a hazard for any employee.
    (3) Protective structures. (i) Each tractor, skidder, swing yarder, 
log stacker, log loader and mechanical felling device, such as tree 
shears or feller-buncher, placed into initial service after February 9, 
1995, shall be equipped with falling object protective structure (FOPS) 
and/or rollover protective structure (ROPS). The employer shall replace 
FOPS or ROPS which have been removed from any machine. Exception: This 
requirement does not apply to machines which are capable of 360 degree 
rotation.
    (ii)(A) ROPS shall be tested, installed, and maintained in 
serviceable condition.
    (B) Each machine manufactured after August 1, 1996, shall have ROPS 
tested, installed, and maintained in accordance with the Society of 
Automotive Engineers SAE J1040, April 1988, ``Performance Criteria for 
Rollover Protective Structures (ROPS) for Construction, Earthmoving, 
Forestry, and Mining Machines'', which is incorporated by reference as 
specified in Sec.  1910.6.
    (C) This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from the Society of Automotive Engineers, 400 
Commonwealth Drive, Warrendale, PA 15096. Copies may be inspected at the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW., room N2625, 
Washington, DC 20210, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    (iii) FOPS shall be installed, tested and maintained in accordance 
with the Society of Automotive Engineers SAE J231, January 1981, 
``Minimum Performance Criteria for Falling Object Protective Structures 
(FOPS)'', which is incorporated by reference as specified in Sec.  
1910.6.
    (iv) ROPS and FOPS shall meet the requirements of the Society of 
Automotive Engineers SAE J397, April 1988, ``Deflection Limiting Volume-
ROPS/FOPS Laboratory Evaluation'', which is incorporated by reference as 
specified in Sec.  1910.6.
    (v) Each protective structure shall be of a size that does not 
impede the operator's normal movements.

[[Page 744]]

    (vi) The overhead covering of each cab shall be of solid material 
and shall extend over the entire canopy.
    (vii) Each machine manufactured after August 1, 1996, shall have a 
cab that is fully enclosed with mesh material with openings no greater 
than 2 inches (5.08 cm) at its least dimension. The cab may be enclosed 
with other material(s) where the employer demonstrates such material(s) 
provides equivalent protection and visibility. Exception: Equivalent 
visibility is not required for the lower portion of the cab where there 
are control panels or similar obstructions in the cab, or where 
visibility is not necessary for safe operation of the machine.
    (viii) Each machine manufactured on or before August 1, 1996 shall 
have a cab which meets the requirements specified in paragraph 
(f)(3)(vii) or a protective canopy for the operator which meets the 
following requirements:
    (A) The protective canopy shall be constructed to protect the 
operator from injury due to falling trees, limbs, saplings or branches 
which might enter the compartment side areas and from snapping winch 
lines or other objects;
    (B) The lower portion of the cab shall be fully enclosed with solid 
material, except at entrances, to prevent the operator from being 
injured from obstacles entering the cab;
    (C) The upper rear portion of the cab shall be fully enclosed with 
open mesh material with openings of such size as to reject the entrance 
of an object larger than 2 inches in diameter. It shall provide maximum 
rearward visibility; and
    (D) Open mesh shall be extended forward as far as possible from the 
rear corners of the cab sides so as to give the maximum protection 
against obstacles, branches, etc., entering the cab area.
    (ix) The enclosure of the upper portion of each cab shall allow 
maximum visibility.
    (x) When transparent material is used to enclose the upper portion 
of the cab, it shall be made of safety glass or other material that the 
employer demonstrates provides equivalent protection and visibility.
    (xi) Transparent material shall be kept clean to assure operator 
visibility.
    (xii) Transparent material that may create a hazard for the 
operator, such as but not limited to, cracked, broken or scratched 
safety glass, shall be replaced.
    (xiii) Deflectors shall be installed in front of each cab to deflect 
whipping saplings and branches. Deflectors shall be located so as not to 
impede visibility and access to the cab.
    (xiv) The height of each cab entrance shall be at least 52 inches 
(1.3 meters) from the floor of the cab.
    (xv) Each machine operated near cable yarding operations shall be 
equipped with sheds or roofs of sufficient strength to provide 
protection from breaking lines.
    (4) Overhead guards. Each forklift shall be equipped with an 
overhead guard meeting the requirements of the American Society of 
Mechanical Engineers, ASME B56.6-1992 (with addenda), ``Safety Standard 
for Rough Terrain Forklift Trucks'', which is incorporated by reference 
as specified in Sec.  1910.6.
    (5) Machine access. (i) Machine access systems, meeting the 
specifications of the Society of Automotive Engineers, SAE J185, June 
1988, ``Recommended Practice for Access Systems for Off-Road Machines'', 
which is incorporated by reference as specified in Sec.  1910.6, shall 
be provided for each machine where the operator or any other employee 
must climb onto the machine to enter the cab or to perform maintenance.
    (ii) Each machine cab shall have a second means of egress.
    (iii) Walking and working surfaces of each machine and machine work 
station shall have a slip resistant surface to assure safe footing.
    (iv) The walking and working surface of each machine shall be kept 
free of waste, debris and any other material which might result in fire, 
slipping, or falling.
    (6) Exhaust systems. (i) The exhaust pipes on each machine shall be 
located so exhaust gases are directed away from the operator.
    (ii) The exhaust pipes on each machine shall be mounted or guarded 
to

[[Page 745]]

protect each employee from accidental contact.
    (iii) The exhaust pipes shall be equipped with spark arresters. 
Engines equipped with turbochargers do not require spark arresters.
    (iv) Each machine muffler provided by the manufacturer, or their 
equivalent, shall be in place at all times the machine is in operation.
    (7) Brakes. (i) Service brakes shall be sufficient to stop and hold 
each machine and its rated load capacity on the slopes over which it is 
being operated.
    (ii) Each machine placed into initial service on or after September 
8, 1995 shall also be equipped with: back-up or secondary brakes that 
are capable of stopping the machine regardless of the direction of 
travel or whether the engine is running; and parking brakes that are 
capable of continuously holding a stopped machine stationary.
    (8) Guarding. (i) Each machine shall be equipped with guarding to 
protect employees from exposed moving elements, such as but not limited 
to, shafts, pulleys, belts on conveyors, and gears, in accordance with 
the requirements of subpart O of part 1910.
    (ii) Each machine used for debarking, limbing and chipping shall be 
equipped with guarding to protect employees from flying wood chunks, 
logs, chips, bark, limbs and other material in accordance with the 
requirements of subpart O of part 1910.
    (iii) The guarding on each machine shall be in place at all times 
the machine is in operation.
    (g) Vehicles. (1) The employer shall assure that each vehicle used 
to perform any logging operation is maintained in serviceable condition.
    (2) The employer shall assure that each vehicle used to perform any 
logging operation is inspected before initial use during each workshift. 
Defects or damage shall be repaired or the unserviceable vehicle shall 
be replaced before work is commenced.
    (3) The employer shall assure that operating and maintenance 
instructions are available in each vehicle. Each vehicle operator and 
maintenance employee shall comply with the operating and maintenance 
instructions.
    (4) The employer shall assure that each vehicle operator has a valid 
operator's license for the class of vehicle being operated.
    (5) Mounting steps and handholds shall be provided for each vehicle 
wherever it is necessary to prevent an employee from being injured when 
entering or leaving the vehicle.
    (6) The seats of each vehicle shall be securely fastened.
    (7) The requirements of paragraphs (f)(2)(iii), (f)(2)(v), 
(f)(2)(vii), (f)(2)(x), (f)(2)(xiii), and (f)(7) of this section shall 
also apply to each vehicle used to transport any employee off public 
roads or to perform any logging operation, including any vehicle 
provided by an employee.
    (h) Tree harvesting--(1) General requirements. (i) Trees shall not 
be felled in a manner that may create a hazard for an employee, such as 
but not limited to, striking a rope, cable, power line, or machine.
    (ii) The immediate supervisor shall be consulted when unfamiliar or 
unusually hazardous conditions necessitate the supervisor's approval 
before cutting is commenced.
    (iii) While manual felling is in progress, no yarding machine shall 
be operated within two tree lengths of trees being manually felled. 
Exception: This provision does not apply to yarding machines performing 
tree pulling operations.
    (iv) No employee shall approach a feller closer than two tree 
lengths of trees being felled until the feller has acknowledged that it 
is safe to do so, unless the employer demonstrates that a team of 
employees is necessary to manually fell a particular tree.
    (v) No employee shall approach a mechanical felling operation closer 
than two tree lengths of the trees being felled until the machine 
operator has acknowledged that it is safe to do so.
    (vi) Each danger tree shall be felled, removed or avoided. Each 
danger tree, including lodged trees and snags, shall be felled or 
removed using mechanical or other techniques that minimize employee 
exposure before work is commenced in the area of the danger tree. If the 
danger tree is not felled or removed, it shall be marked and no work 
shall be conducted within two tree

[[Page 746]]

lengths of the danger tree unless the employer demonstrates that a 
shorter distance will not create a hazard for an employee.
    (vii) Each danger tree shall be carefully checked for signs of loose 
bark, broken branches and limbs or other damage before they are felled 
or removed. Accessible loose bark and other damage that may create a 
hazard for an employee shall be removed or held in place before felling 
or removing the tree.
    (viii) Felling on any slope where rolling or sliding of trees or 
logs is reasonably foreseeable shall be done uphill from, or on the same 
level as, previously felled trees.
    (ix) Domino felling of trees is prohibited.

    Note to paragraph (h)(1)(ix): The definition of domino felling does 
not include the felling of a single danger tree by felling another 
single tree into it.

    (2) Manual felling. (i) Before felling is started, the feller shall 
plan and clear a retreat path. The retreat path shall extend diagonally 
away from the expected felling line unless the employer demonstrates 
that such a retreat path poses a greater hazard than an alternate path. 
Once the backcut has been made the feller shall immediately move a safe 
distance away from the tree on the retreat path.
    (ii) Before each tree is felled, conditions such as, but not limited 
to, snow and ice accumulation, the wind, the lean of tree, dead limbs, 
and the location of other trees, shall be evaluated by the feller and 
precautions taken so a hazard is not created for an employee.
    (iii) Each tree shall be checked for accumulations of snow and ice. 
Accumulations of snow and ice that may create a hazard for an employee 
shall be removed before felling is commenced in the area or the area 
shall be avoided.
    (iv) When a spring pole or other tree under stress is cut, no 
employee other than the feller shall be closer than two trees lengths 
when the stress is released.
    (v) An undercut shall be made in each tree being felled unless the 
employer demonstrates that felling the particular tree without an 
undercut will not create a hazard for an employee. The undercut shall be 
of a size so the tree will not split and will fall in the intended 
direction.
    (vi) A backcut shall be made in each tree being felled. The backcut 
shall leave sufficient hinge wood to hold the tree to the stump during 
most of its fall so that the hinge is able to guide the tree's fall in 
the intended direction.
    (vii) The backcut shall be above the level of the horizontal facecut 
in order to provide an adequate platform to prevent kickback. Exception: 
The backcut may be at or below the horizontal facecut in tree pulling 
operations.

    Note to paragraph (h)(2)(vii): This requirement does not apply to 
open face felling where two angled facecuts rather than a horizontal 
facecut are used.

    (3) Limbing and bucking. (i) Limbing and bucking on any slope where 
rolling or sliding of trees or logs is reasonably foreseeable shall be 
done on the uphill side of each tree or log.
    (ii) Before bucking or limbing wind-thrown trees, precautions shall 
be taken to prevent the root wad, butt or logs from striking an 
employee. These precautions include, but are not limited to, chocking or 
moving the tree to a stable position.
    (4) Chipping (in-woods locations). (i) Chipper access covers or 
doors shall not be opened until the drum or disc is at a complete stop.
    (ii) Infeed and discharge ports shall be guarded to prevent contact 
with the disc, knives, or blower blades.
    (iii) The chipper shall be shut down and locked out in accordance 
with the requirements of 29 CFR 1910.147 when an employee performs any 
servicing or maintenance.
    (iv) Detached trailer chippers shall be chocked during usage on any 
slope where rolling or sliding of the chipper is reasonably foreseeable.
    (5) Yarding. (i) No log shall be moved until each employee is in the 
clear.
    (ii) Each choker shall be hooked and unhooked from the uphill side 
or end of the log, unless the employer demonstrates that is it not 
feasible in the particular situation to hook or unhook the choker from 
the uphill side. Where the choker is hooked or unhooked from the 
downhill side or end of the log, the

[[Page 747]]

log shall be securely chocked to prevent rolling, sliding or swinging.
    (iii) Each choker shall be positioned near the end of the log or 
tree length.
    (iv) Each machine shall be positioned during winching so the machine 
and winch are operated within their design limits.
    (v) No yarding line shall be moved unless the yarding machine 
operator has clearly received and understood the signal to do so. When 
in doubt, the yarding machine operator shall repeat the signal and wait 
for a confirming signal before moving any line.
    (vi) No load shall exceed the rated capacity of the pallet, trailer, 
or other carrier.
    (vii) Towed equipment, such as but not limited to, skid pans, 
pallets, arches, and trailers, shall be attached to each machine or 
vehicle in such a manner as to allow a full 90 degree turn; to prevent 
overrunning of the towing machine or vehicle; and to assure that the 
operator is always in control of the towed equipment.
    (viii) The yarding machine or vehicle, including its load, shall be 
operated with safe clearance from all obstructions that may create a 
hazard for an employee.
    (ix) Each yarded tree shall be placed in a location that does not 
create a hazard for an employee and an orderly manner so that the trees 
are stable before bucking or limbing is commenced.
    (6) Loading and unloading. (i) The transport vehicle shall be 
positioned to provide working clearance between the vehicle and the 
deck.
    (ii) Only the loading or unloading machine operator and other 
personnel the employer demonstrates are essential shall be in the 
loading or unloading work area during this operation.
    (iii) No transport vehicle operator shall remain in the cab during 
loading and unloading if the logs are carried or moved over the truck 
cab, unless the employer demonstrates that it is necessary for the 
operator to do so. Where the transport vehicle operator remains in the 
cab, the employer shall provide operator protection, such as but not 
limited to, reinforcement of the cab.
    (iv) Each log shall be placed on a transport vehicle in an orderly 
manner and tightly secured.
    (v) The load shall be positioned to prevent slippage or loss during 
handling and transport.
    (vi) Each stake and chock which is used to trip loads shall be so 
constructed that the tripping mechanism is activated on the side 
opposite the release of the load.
    (vii) Each tie down shall be left in place over the peak log to 
secure all logs until the unloading lines or other protection the 
employer demonstrates is equivalent has been put in place. A stake of 
sufficient strength to withstand the forces of shifting or moving logs, 
shall be considered equivalent protection provided that the logs are not 
loaded higher than the stake.
    (viii) Each tie down shall be released only from the side on which 
the unloading machine operates, except as follows:
    (A) When the tie down is released by a remote control device; and
    (B) When the employee making the release is protected by racks, 
stanchions or other protection the employer demonstrates is capable of 
withstanding the force of the logs.
    (7) Transport. The transport vehicle operator shall assure that each 
tie down is tight before transporting the load. While enroute, the 
operator shall check and tighten the tie downs whenever there is reason 
to believe that the tie downs have loosened or the load has shifted.
    (8) Storage. Each deck shall be constructed and located so it is 
stable and provides each employee with enough room to safely move and 
work in the area.
    (i) Training. (1) The employer shall provide training for each 
employee, including supervisors, at no cost to the employee.
    (2) Frequency. Training shall be provided as follows:
    (i) As soon as possible but not later than the effective date of 
this section for initial training for each current and new employee;
    (ii) Prior to initial assignment for each new employee;
    (iii) Whenever the employee is assigned new work tasks, tools, 
equipment, machines or vehicles; and
    (iv) Whenever an employee demonstrates unsafe job performance.

[[Page 748]]

    (3) Content. At a minimum, training shall consist of the following 
elements:
    (i) Safe performance of assigned work tasks;
    (ii) Safe use, operation and maintenance of tools, machines and 
vehicles the employee uses or operates, including emphasis on 
understanding and following the manufacturer's operating and maintenance 
instructions, warnings and precautions;
    (iii) Recognition of safety and health hazards associated with the 
employee's specific work tasks, including the use of measures and work 
practices to prevent or control those hazards;
    (iv) Recognition, prevention and control of other safety and health 
hazards in the logging industry;
    (v) Procedures, practices and requirements of the employer's work 
site; and
    (vi) The requirements of this standard.
    (4) Training of an employee due to unsafe job performance, or 
assignment of new work tasks, tools, equipment, machines, or vehicles; 
may be limited to those elements in paragraph (i)(3) of this section 
which are relevant to the circumstances giving rise to the need for 
training.
    (5) Portability of training. (i) Each current employee who has 
received training in the particular elements specified in paragraph 
(i)(3) of this section shall not be required to be retrained in those 
elements.
    (ii) Each new employee who has received training in the particular 
elements specified in paragraph (i)(3) of this section shall not be 
required to be retrained in those elements prior to initial assignment.
    (iii) The employer shall train each current and new employee in 
those elements for which the employee has not received training.
    (iv) The employer is responsible for ensuring that each current and 
new employee can properly and safely perform the work tasks and operate 
the tools, equipment, machines, and vehicles used in their job.
    (6) Each new employee and each employee who is required to be 
trained as specified in paragraph (i)(2) of this section, shall work 
under the close supervision of a designated person until the employee 
demonstrates to the employer the ability to safely perform their new 
duties independently.
    (7) First-aid training. (i) The employer shall assure that each 
employee, including supervisors, receives or has received first-aid and 
CPR training meeting at least the requirements specified in appendix B.
    (ii) The employer shall assure that each employee's first-aid and 
CPR training and/or certificate of training remain current.
    (8) All training shall be conducted by a designated person.
    (9) The employer shall assure that all training required by this 
section is presented in a manner that the employee is able to 
understand. The employer shall assure that all training materials used 
are appropriate in content and vocabulary to the educational level, 
literacy, and language skills of the employees being trained.
    (10) Certification of training. (i) The employer shall verify 
compliance with paragraph (i) of this section by preparing a written 
certification record. The written certification record shall contain the 
name or other identity of the employee trained, the date(s) of the 
training, and the signature of the person who conducted the training or 
the signature of the employer. If the employer relies on training 
conducted prior to the employee's hiring or completed prior to the 
effective date of this section, the certification record shall indicate 
the date the employer determined the prior training was adequate.
    (ii) The most recent training certification shall be maintained.
    (11) Safety and health meetings. The employer shall hold safety and 
health meetings as necessary and at least each month for each employee. 
Safety and health meetings may be conducted individually, in crew 
meetings, in larger groups, or as part of other staff meetings.
    (j) Appendices. Appendices A and B of this section are mandatory. 
The information contained in appendix C of this section is informational 
and is not intended to create any additional obligations not otherwise 
imposed or to detract from existing regulations.


[[Page 749]]


    Note: In the Federal Register of August 9, 1995, OSHA extended the 
stay of the following paragraphs of Sec.  1910.266 until September 8, 
1995. The remaining requirements of Sec.  1910.266, which became 
effective on February 9, 1995, are unaffected by the extension of the 
partial stay:
    1. (d)(1)(v)--insofar as it requires foot protection to be chain-saw 
resistant.
    2. (d)(1)(vii)--insofar as it required face protection.
    3. (d)(2)(iii).
    4. (f)(2)(iv).
    5. (f)(2)(xi).
    6. (f)(3)(ii).
    7. (f)(3)(vii).
    8. (f)(3)(viii).
    9. (f)(7)(ii)--insofar as it requires parking brakes to be able to 
stop a moving machine.
    10. (g)(1) and (g)(2) insofar as they require inspection and 
maintenance of employee-owned vehicles.
    11. (h)(2)(vii)--insofar as it precludes backcuts at the level of 
the horizontal cut of the undercut when the Humboldt cutting method is 
used.

        Appendix A to Sec.  1910.266--First-Aid Kits (Mandatory)

    The following list sets forth the minimally acceptable number and 
type of first-aid supplies for first-aid kits required under paragraph 
(d)(2) of the logging standard. The contents of the first-aid kit listed 
should be adequate for small work sites, consisting of approximately two 
to three employees. When larger operations or multiple operations are 
being conducted at the same location, additional first-aid kits should 
be provided at the work site or additional quantities of supplies should 
be included in the first-aid kits:
    1. Gauze pads (at least 4 x 4 inches).
    2. Two large gauze pads (at least 8 x 10 inches).
    3. Box adhesive bandages (band-aids).
    4. One package gauze roller bandage at least 2 inches wide.
    5. Two triangular bandages.
    6. Wound cleaning agent such as sealed moistened towelettes.
    7. Scissors.
    8. At least one blanket.
    9. Tweezers.
    10. Adhesive tape.
    11. Latex gloves.
    12. Resuscitation equipment such as resuscitation bag, airway, or 
pocket mask.
    13. Two elastic wraps.
    14. Splint.
    15. Directions for requesting emergency assistance.

  Appendix B to Sec.  1910.266--First-aid and CPR Training (Mandatory)

    The following is deemed to be the minimal acceptable first-aid and 
CPR training program for employees engaged in logging activities.
    First-aid and CPR training shall be conducted using the conventional 
methods of training such as lecture, demonstration, practical exercise 
and examination (both written and practical). The length of training 
must be sufficient to assure that trainees understand the concepts of 
first aid and can demonstrate their ability to perform the various 
procedures contained in the outline below.
    At a minimum, first-aid and CPR training shall consist of the 
following:
    1. The definition of first aid.
    2. Legal issues of applying first aid (Good Samaritan Laws).
    3. Basic anatomy.
    4. Patient assessment and first aid for the following:
    a. Respiratory arrest.
    b. Cardiac arrest.
    c. Hemorrhage.
    d. Lacerations/abrasions.
    e. Amputations.
    f. Musculoskeletal injuries.
    g. Shock.
    h. Eye injuries.
    i. Burns.
    j. Loss of consciousness.
    k. Extreme temperature exposure (hypothermia/hyperthermia)
    l. Paralysis
    m. Poisoning.
    n. Loss of mental functioning (psychosis/hallucinations, etc.). 
Artificial ventilation.
    o. Drug overdose.
    5. CPR.
    6. Application of dressings and slings.
    7. Treatment of strains, sprains, and fractures.
    8. Immobilization of injured persons.
    9. Handling and transporting injured persons.
    10. Treatment of bites, stings, or contact with poisonous plants or 
animals.

 Appendix C to Sec.  1910.266--Comparable ISO Standards (Non-mandatory)

    The following International Labor Organization (ISO) standards are 
comparable to the corresponding Society of Automotive Engineers 
(Standards that are referenced in this standard.)
    Utilization of the ISO standards in lieu of the corresponding SAE 
standards should result in a machine that meets the OSHA standard.

[[Page 750]]



------------------------------------------------------------------------
     SAE standard            ISO standard               Subject
------------------------------------------------------------------------
SAE J1040               ISO 3471-1             Performance Criteria for
                                                Rollover Protective
                                                Structures (ROPS) for
                                                Construction,
                                                Earthmoving, Forestry
                                                and Mining Machines.
SAE J397                ISO 3164               Deflection Limiting
                                                Volume--ROPS/FOPS
                                                Laboratory Evaluation.
SAE J231                ISO 3449               Minimum Performance
                                                Criteria for Falling
                                                Object Protective
                                                Structures (FOPS).
SAE J386                ISO 6683               Operator Restraint
                                                Systems for Off-Road
                                                Work Machines.
SAE J185                ISO 2897               Access Systems for Off-
                                                Road Machines.
------------------------------------------------------------------------


[59 FR 51741, Oct. 12, 1994, as amended at 60 FR 7449, Feb. 8, 1995; 60 
FR 40458, Aug. 9, 1996; 60 FR 47035, Sept. 8, 1995; 61 FR 9241, 9242, 
Mar. 7, 1996; 69 FR 18803, Apr. 9, 2004; 71 FR 16673, Apr. 3, 2006; 79 
FR 37190, July 1, 2014]



Sec.  1910.268  Telecommunications.

    (a) Application. (1) This section sets forth safety and health 
standards that apply to the work conditions, practices, means, methods, 
operations, installations and processes performed at telecommunications 
centers and at telecommunications field installations, which are located 
outdoors or in building spaces used for such field installations. Center 
work includes the installation, operation, maintenance, rearrangement, 
and removal of communications equipment and other associated equipment 
in telecommunications switching centers. Field work includes the 
installation, operation, maintenance, rearrangement, and removal of 
conductors and other equipment used for signal or communication service, 
and of their supporting or containing structures, overhead or 
underground, on public or private rights of way, including buildings or 
other structures.
    (2) These standards do not apply: (i) To construction work, as 
defined in Sec.  1910.12, nor (ii) to installations under the exclusive 
control of electric utilities used for the purpose of communications or 
metering, or for generation, control, transformation, transmission, and 
distribution of electric energy, which are located in buildings used 
exclusively by the electric utilities for such purposes, or located 
outdoors on property owned or leased by the electric utilities or on 
public highways, streets, roads, etc., or outdoors by established rights 
on private property.
    (3) Operations or conditions not specifically covered by this 
section are subject to all the applicable standards contained in this 
part 1910. See Sec.  1910.5(c). Operations which involve construction 
work, as defined in Sec.  1910.12 are subject to all the applicable 
standards contained in part 1926 of this chapter.
    (b) General--(1) Buildings containing telecommunications centers--
(i) Illumination. Lighting in telecommunication centers shall be 
provided in an adequate amount such that continuing work operations, 
routine observations, and the passage of employees can be carried out in 
a safe and healthful manner. Certain specific tasks in centers, such as 
splicing cable and the maintenance and repair of equipment frame 
lineups, may require a higher level of illumination. In such cases, the 
employer shall install permanent lighting or portable supplemental 
lighting to attain a higher level of illumination shall be provided as 
needed to permit safe performance of the required task.
    (ii) Working surfaces. Guard rails and toe boards may be omitted on 
distribution frame mezzanine platforms to permit access to equipment. 
This exemption applies only on the side or sides of the platform facing 
the frames and only on those portions of the platform adjacent to 
equipped frames.
    (iii) Working spaces. Maintenance aisles, or wiring aisles, between 
equipment frame lineups are working spaces and are not an exit route for 
purposes of 29 CFR 1910.34.
    (iv) Special doors. When blastproof or power actuated doors are 
installed in specially designed hardsite security buildings and spaces, 
they shall be designed and installed so that they can be used as a means 
of egress in emergencies.
    (v) Equipment, machinery and machine guarding. When power plant 
machinery in telecommunications centers is operated with commutators and 
couplings uncovered, the adjacent housing shall

[[Page 751]]

be clearly marked to alert personnel to the rotating machinery.
    (2) Battery handling. (i) Eye protection devices which provide side 
as well as frontal eye protection for employees shall be provided when 
measuring storage battery specific gravity or handling electrolyte, and 
the employer shall ensure that such devices are used by the employees. 
The employer shall also ensure that acid resistant gloves and aprons 
shall be worn for protection against spattering. Facilities for quick 
drenching or flushing of the eyes and body shall be provided unless the 
storage batteries are of the enclosed type and equipped with explosion 
proof vents, in which case sealed water rinse or neutralizing packs may 
be substituted for the quick drenching or flushing facilities. Employees 
assigned to work with storage batteries shall be instructed in emergency 
procedures such as dealing with accidental acid spills.
    (ii) Electrolyte (acid or base, and distilled water) for battery 
cells shall be mixed in a well ventilated room. Acid or base shall be 
poured gradually, while stirring, into the water. Water shall never be 
poured into concentrated (greater than 75 percent) acid solutions. 
Electrolyte shall never be placed in metal containers nor stirred with 
metal objects.
    (iii) When taking specific gravity readings, the open end of the 
hydrometer shall be covered with an acid resistant material while moving 
it from cell to cell to avoid splashing or throwing the electrolyte.
    (3) Employers must provide employees with readily accessible, 
adequate, and appropriate first aid supplies. A non-mandatory example of 
appropriate supplies is listed in appendix A to 29 CFR 1910.151.
    (4) Hazardous materials. Highway mobile vehicles and trailers stored 
in garages in accordance with Sec.  1910.110 may be equipped to carry 
more than one LP-gas container, but the total capacity of LP-gas 
containers per work vehicle stored in garages shall not exceed 100 
pounds of LP-gas. All container valves shall be closed when not in use.
    (5) Compressed gas. When using or transporting nitrogen cylinders in 
a horizontal position, special compartments, racks, or adequate blocking 
shall be provided to prevent cylinder movement. Regulators shall be 
removed or guarded before a cylinder is transported.
    (6) Support structures. No employee, or any material or equipment, 
may be supported or permitted to be supported on any portion of a pole 
structure, platform, ladder, walkway or other elevated structure or 
aerial device unless the employer ensures that the support structure is 
first inspected by a competent person and it is determined to be 
adequately strong, in good working condition and properly secured in 
place.
    (7) Approach distances to exposed energized overhead power lines and 
parts. The employer shall ensure that no employee approaches or takes 
any conductive object closer to any electrically energized overhead 
power lines and parts than prescribed in Table R-2, unless:
    (i) The employee is insulated or guarded from the energized parts 
(insulating gloves rated for the voltage involved shall be considered 
adequate insulation), or
    (ii) The energized parts are insulated or guarded from the employee 
and any other conductive object at a different potential, or
    (iii) The power conductors and equipment are deenergized and 
grounded.

 Table R-2--Approach Distances to Exposed Energized Overhead Power Lines
                                and Parts
------------------------------------------------------------------------
                                                               Approach
             Voltage range (phase to phase, RMS)               distance
                                                               (inches)
------------------------------------------------------------------------
300 V and less..............................................       (\1\)
Over 300V, not over 750V....................................          12
Over 750V not over 2 kV.....................................          18
Over 2 kV, not over 15 kV...................................          24
Over 15 kV, not over 37 kV..................................          36
Over 37 kV, not over 87.5 kV................................          42
Over 87.5 kV, not over 121 kV...............................          48
Over 121 kV, not over 140 kV................................          54
------------------------------------------------------------------------
\1\ Avoid contact.

    (8) Illumination of field work. Whenever natural light is 
insufficient to adequately illuminate the worksite, artificial 
illumination shall be provided to enable the employee to perform the 
work safely.
    (c) Training. Employers shall provide training in the various 
precautions and

[[Page 752]]

safe practices described in this section and shall insure that employees 
do not engage in the activities to which this section applies until such 
employees have received proper training in the various precautions and 
safe practices required by this section. However, where the employer can 
demonstrate that an employee is already trained in the precautions and 
safe practices required by this section prior to his employment, 
training need not be provided to that employee in accordance with this 
section. Where training is required, it shall consist of on-the-job 
training or classroom-type training or a combination of both. The 
employer shall certify that employees have been trained by preparing a 
certification record which includes the identity of the person trained, 
the signature of the employer or the person who conducted the training, 
and the date the training was completed. The certification record shall 
be prepared at the completion of training and shall be maintained on 
file for the duration of the employee's employment. The certification 
record shall be made available upon request to the Assistant Secretary 
for Occupational Safety and Health. Such training shall, where 
appropriate, include the following subjects:
    (1) Recognition and avoidance of dangers relating to encounters with 
harmful substances and animal, insect, or plant life;
    (2) Procedures to be followed in emergency situations; and,
    (3) First aid training, including instruction in artificial 
respiration.
    (d) Employee protection in public work areas. (1) Before work is 
begun in the vicinity of vehicular or pedestrian traffic which may 
endanger employees, warning signs and/or flags or other traffic control 
devices shall be placed conspicuously to alert and channel approaching 
traffic. Where further protection is needed, barriers shall be utilized. 
At night, warning lights shall be prominently displayed, and excavated 
areas shall be enclosed with protective barricades.
    (2) If work exposes energized or moving parts that are normally 
protected, danger signs shall be displayed and barricades erected, as 
necessary, to warn other personnel in the area.
    (3) The employer shall insure that an employee finding any crossed 
or fallen wires which create or may create a hazardous situation at the 
work area: (i) Remains on guard or adopts other adequate means to warn 
other employees of the danger and (ii) has the proper authority notified 
at the earliest practical moment.
    (e) Tools and personal protective equipment--Generally. Personal 
protective equipment, protective devices and special tools needed for 
the work of employees shall be provided and the employer shall ensure 
that they are used by employees. Before each day's use the employer 
shall ensure that these personal protective devices, tools, and 
equipment are carefully inspected by a competent person to ascertain 
that they are in good condition.
    (f) Rubber insulating equipment. (1) Rubber insulating equipment 
designed for the voltage levels to be encountered shall be provided and 
the employer shall ensure that they are used by employees as required by 
this section. The requirements of Sec.  1910.137, Electrical Protective 
Equipment, shall be followed except for Table I-6.
    (2) The employer is responsible for the periodic retesting of all 
insulating gloves, blankets, and other rubber insulating equipment. This 
retesting shall be electrical, visual and mechanical. The following 
maximum retesting intervals shall apply:

------------------------------------------------------------------------
                                                    Natural    Synthetic
Gloves, blankets, and other insulating equipment    rubber      rubber
------------------------------------------------------------------------
                                                          Months
------------------------------------------------------------------------
New.............................................          12          18
Re-issued.......................................           9          15
------------------------------------------------------------------------

    (3) Gloves and blankets shall be marked to indicate compliance with 
the retest schedule, and shall be marked with the date the next test is 
due. Gloves found to be defective in the field or by the tests set forth 
in paragraph (f)(2) of this section shall be destroyed by cutting them 
open from the finger to the gauntlet.
    (g) Personal climbing equipment--(1) General. A positioning system 
or a personal fall arrest system shall be provided and the employer 
shall ensure

[[Page 753]]

their use when work is performed at positions more than 4 feet (1.2 m) 
above the ground, on poles, and on towers, except as provided in 
paragraphs (n)(7) and (8) of this section. These systems shall meet the 
applicable requirements in subpart I of this part. The employer shall 
ensure that all climbing equipment is inspected before each day's use to 
determine that it is in safe working condition.
    (2) Pole climbers. (i) Pole climbers may not be used if the gaffs 
are less than 1\1/4\ inches in length as measured on the underside of 
the gaff. The gaffs of pole climbers shall be covered with safety caps 
when not being used for their intended use.
    (ii) The employer shall ensure that pole climbers are inspected by a 
competent person for the following conditions: Fractured or cracked 
gaffs or leg irons, loose or dull gaffs, broken straps or buckles. If 
any of these conditions exist, the defect shall be corrected before the 
climbers are used.
    (iii) Pole climbers shall be inspected as required in this paragraph 
(g)(3) before each day's use and a gaff cut-out test performed at least 
weekly when in use.
    (iv) Pole climbers may not be worn when:
    (A) Working in trees (specifically designed tree climbers shall be 
used for tree climbing),
    (B) Working on ladders,
    (C) Working in an aerial lift,
    (D) Driving a vehicle, nor
    (E) Walking on rocky, hard, frozen, brushy or hilly terrain.
    (h) Ladders. Ladders, step bolts, and manhole steps shall meet the 
applicable requirements in subpart D of this part.
    (i) Other tools and personal protective equipment--(1) Head 
protection. Head protection meeting the requirements of ANSI Z89.2-1971, 
``Safety Requirements for Industrial Protective Helmets for Electrical 
Workers, Class B'' shall be provided whenever there is exposure to 
possible high voltage electrical contact, and the employer shall ensure 
that the head protection is used by employees. ANSI Z89.2-1971 is 
incorporated by reference as specified in Sec.  1910.6.
    (2) Eye protection. Eye protection meeting the requirements of Sec.  
1910.133 (a)(2) thru (a)(6) shall be provided and the employer shall 
ensure its use by employees where foreign objects may enter the eyes due 
to work operations such as but not limited to:
    (i) Drilling or chipping stone, brick or masonry, breaking concrete 
or pavement, etc. by hand tools (sledgehammer, etc.) or power tools such 
as pneumatic drills or hammers;
    (ii) Working on or around high speed emery or other grinding wheels 
unprotected by guards;
    (iii) Cutting or chipping terra cotta ducts, tile, etc.;
    (iv) Working under motor vehicles requiring hammering;
    (v) Cleaning operations using compressed air, steam, or sand blast;
    (vi) Acetylene welding or similar operations where sparks are thrown 
off;
    (vii) Using powder actuated stud drivers;
    (viii) Tree pruning or cutting underbrush;
    (ix) Handling battery cells and solutions, such as taking battery 
readings with a hydrometer and thermometer;
    (x) Removing or rearranging strand or open wire; and
    (xi) Performing lead sleeve wiping and while soldering.
    (3) Tent heaters. Flame-type heaters may not be used within ground 
tents or on platforms within aerial tents unless:
    (i) The tent covers are constructed of fire resistant materials, and
    (ii) Adequate ventilation is provided to maintain safe oxygen levels 
and avoid harmful buildup of combustion products and combustible gases.
    (4) Torches. Torches may be used on aerial splicing platforms or in 
buckets enclosed by tents provided the tent material is constructed of 
fire resistant material and the torch is turned off when not in actual 
use. Aerial tents shall be adequately ventilated while the torch is in 
operation.
    (5) Portable power equipment. Nominal 120V, or less, portable 
generators used for providing power at work locations do not require 
grounding if the output circuit is completely isolated from the frame of 
the unit.
    (6) Vehicle-mounted utility generators. Vehicle-mounted utility 
generators

[[Page 754]]

used for providing nominal 240V AC or less for powering portable tools 
and equipment need not be grounded to earth if all of the following 
conditions are met:
    (i) One side of the voltage source is solidly strapped to the 
metallic structure of the vehicle;
    (ii) Grounding-type outlets are used, with a ``grounding'' conductor 
between the outlet grounding terminal and the side of the voltage source 
that is strapped to the vehicle;
    (iii) All metallic encased tools and equipment that are powered from 
this system are equipped with three-wire cords and grounding-type 
attachment plugs, except as designated in paragraph (i)(7) of this 
section.
    (7) Portable lights, tools, and appliances. Portable lights, tools, 
and appliances having noncurrent-carrying external metal housing may be 
used with power equipment described in paragraph (i)(5) of this section 
without an equipment grounding conductor. When operated from commercial 
power such metal parts of these devices shall be grounded, unless these 
tools or appliances are protected by a system of double insulation, or 
its equivalent. Where such a system is employed, the equipment shall be 
distinctively marked to indicate double insulation.
    (8) Soldering devices. Grounding shall be omitted when using 
soldering irons, guns or wire-wrap tools on telecommunications circuits.
    (9) Lead work. The wiping of lead joints using melted solder, gas 
fueled torches, soldering irons or other appropriate heating devices, 
and the soldering of wires or other electrical connections do not 
constitute the welding, cutting and brazing described in subpart Q of 
this part. When operated from commercial power the metal housing of 
electric solder pots shall be grounded. Electric solder pots may be used 
with the power equipment described in paragraph (i)(5) of this section 
without a grounding conductor. The employer shall ensure that wiping 
gloves or cloths and eye protection are used in lead wiping operations. 
A drip pan to catch hot lead drippings shall also be provided and used.
    (j) Vehicle-mounted material handling devices and other mechanical 
equipment--(1) General. (i) The employer shall ensure that visual 
inspections are made of the equipment by a competent person each day the 
equipment is to be used to ascertain that it is in good condition.
    (ii) The employer shall ensure that tests shall be made at the 
beginning of each shift by a competent person to insure the vehicle 
brakes and operating systems are in proper working condition.
    (2) Scrapers, loaders, dozers, graders and tractors. (i) All rubber-
tired, self-propelled scrapers, rubber-tired front end loaders, rubber-
tired dozers, agricultural and industrial tractors, crawler tractors, 
crawler-type loaders, and motor graders, with or without attachments, 
that are used in telecommunications work shall have rollover protective 
structures that meet the requirements of subpart W of part 1926 of this 
Title.
    (ii) Eye protection shall be provided and the employer shall ensure 
that it is used by employees when working in areas where flying material 
is generated.
    (3) Vehicle-mounted elevating and rotating work platforms. These 
devices shall not be operated with any conductive part of the equipment 
closer to exposed energized power lines than the clearances set forth in 
Table R-2 of this section.
    (4) Derrick trucks and similar equipment. (i) This equipment shall 
not be operated with any conductive part of the equipment closer to 
exposed energized power lines than the clearances set forth in Table R-2 
of this section.
    (ii) When derricks are used to handle poles near energized power 
conductors, these operations shall comply with the requirements 
contained in paragraphs (b)(7) and (n)(11) of this section.
    (iii) Moving parts of equipment and machinery carried on or mounted 
on telecommunications line trucks shall be guarded. This may be done 
with barricades as specified in paragraph (d)(2) of this section.
    (iv) Derricks and the operation of derricks shall comply with the 
following requirements: (A) Manufacturer's specifications, load ratings 
and instructions for derrick operation shall be strictly observed.

[[Page 755]]

    (B) Rated load capacities and instructions related to derrick 
operation shall be conspicuously posted on a permanent weather-resistant 
plate or decal in a location on the derrick that is plainly visible to 
the derrick operator.
    (C) Prior to derrick operation the parking brake must be set and the 
stabilizers extended if the vehicle is so equipped. When the vehicle is 
situated on a grade, at least two wheels must be chocked on the 
downgrade side.
    (D) Only persons trained in the operation of the derrick shall be 
permitted to operate the derrick.
    (E) Hand signals to derrick operators shall be those prescribed by 
ANSI B30.6-1969, ``Safety Code for Derricks'', which is incorporated by 
reference as specified in Sec.  1910.6.
    (F) The employer shall ensure that the derrick and its associated 
equipment are inspected by a competent person at intervals set by the 
manufacturer but in no case less than once per year. Records shall be 
maintained including the dates of inspections, and necessary repairs 
made, if corrective action was required.
    (G) Modifications or additions to the derrick and its associated 
equipment that alter its capacity or affect its safe operation shall be 
made only with written certification from the manufacturer, or other 
equivalent entity, such as a nationally recognized testing laboratory, 
that the modification results in the equipment being safe for its 
intended use. Such changes shall require the changing and posting of 
revised capacity and instruction decals or plates. These new ratings or 
limitations shall be as provided by the manufacturer or other equivalent 
entity.
    (H) Wire rope used with derricks shall be of improved plow steel or 
equivalent. Wire rope safety factors shall be in accordance with 
American National Standards Institute B30.6-1969.
    (I) Wire rope shall be taken out of service, or the defective 
portion removed, when any of the following conditions exist: (1) The 
rope strength has been significantly reduced due to corrosion, pitting, 
or excessive heat, or
    (2) The thickness of the outer wires of the rope has been reduced to 
two-thirds or less of the original thickness, or
    (3) There are more than six broken wires in any one rope lay, or
    (4) There is excessive permanent distortion caused by kinking, 
crushing, or severe twisting of the rope.
    (k) Materials handling and storage--(1) Poles. When working with 
poles in piles or stacks, work shall be performed from the ends of the 
poles as much as possible, and precautions shall be taken for the safety 
of employees at the other end of the pole. During pole hauling 
operations, all loads shall be secured to prevent displacement. Lights, 
reflectors and/or flags shall be displayed on the end and sides of the 
load as necessary. The requirements for installation, removal, or other 
handling of poles in pole lines are prescribed in paragraph (n) of this 
section which pertains to overhead lines. In the case of hoisting 
machinery equipped with a positive stop loadholding device, it shall be 
permissible for the operator to leave his position at the controls 
(while a load is suspended) for the sole purpose of assisting in 
positioning the load prior to landing it. Prior to unloading steel, 
poles, crossarms, and similar material, the load shall be thoroughly 
examined to ascertain that the load has not shifted, that binders or 
stakes have not broken, and that the load is not otherwise hazardous to 
employees.
    (2) Cable reels. Cable reels in storage shall be checked or 
otherwise restrained when there is a possibility that they might 
accidentally roll from position.
    (l) Cable fault locating and testing. (1) Employees involved in 
using high voltages to locate trouble or test cables shall be instructed 
in the precautions necessary for their own safety and the safety of 
other employees.
    (2) Before the voltage is applied, cable conductors shall be 
isolated to the extent practicable. Employees shall be warned, by such 
techniques as briefing and tagging at all affected locations, to stay 
clear while the voltage is applied.
    (m) Grounding for employee protection--pole lines--(1) Power 
conductors. Electric power conductors and equipment shall be considered 
as energized

[[Page 756]]

unless the employee can visually determine that they are bonded to one 
of the grounds listed in paragraph (m)(4) of this section.
    (2) Nonworking open wire. Nonworking open wire communications lines 
shall be bonded to one of the grounds listed in paragraph (m)(4) of this 
section.
    (3) Vertical power conduit, power ground wires and street light 
fixtures. (i) Metal power conduit on joint use poles, exposed vertical 
power ground wires, and street light fixtures which are below 
communications attachments or less than 20 inches above these 
attachments, shall be considered energized and shall be tested for 
voltage unless the employee can visually determine that they are bonded 
to the communications suspension strand or cable sheath.
    (ii) If no hazardous voltage is shown by the voltage test, a 
temporary bond shall be placed between such street light fixture, 
exposed vertical power grounding conductor, or metallic power conduit 
and the communications cable strand. Temporary bonds used for this 
purpose shall have sufficient conductivity to carry at least 500 amperes 
for a period of one second without fusing.
    (4) Suitable protective grounding. Acceptable grounds for protective 
grounding are as follows:
    (i) A vertical ground wire which has been tested, found safe, and is 
connected to a power system multigrounded neutral or the grounded 
neutral of a power secondary system where there are at least three 
services connected;
    (ii) Communications cable sheath or shield and its supporting strand 
where the sheath or shield is:
    (A) Bonded to an underground or buried cable which is connected to a 
central office ground, or
    (B) Bonded to an underground metallic piping system, or
    (C) Bonded to a power system multigrounded neutral or grounded 
neutral of a power secondary system which has at least three services 
connected;
    (iii) Guys which are bonded to the grounds specified in paragraphs 
(m)(4) (i) and (ii) of this section and which have continuity 
uninterrupted by an insulator; and
    (iv) If all of the preceding grounds are not available, arrays of 
driven ground rods where the resultant resistance to ground will be low 
enough to eliminate danger to personnel or permit prompt operation of 
protective devices.
    (5) Attaching and removing temporary bonds. When attaching grounds 
(bonds), the first attachment shall be made to the protective ground. 
When removing bonds, the connection to the line or equipment shall be 
removed first. Insulating gloves shall be worn during these operations.
    (6) Temporary grounding of suspension strand. (i) The suspension 
strand shall be grounded to the existing grounds listed in paragraph 
(m)(4) of this section when being placed on jointly used poles or during 
thunderstorm activity.
    (ii) Where power crossings are encountered on nonjoint lines, the 
strand shall be bonded to an existing ground listed in paragraph (m)(4) 
of this section as close as possible to the crossing. This bonding is 
not required where crossings are made on a common crossing pole unless 
there is an upward change in grade at the pole.
    (iii) Where roller-type bonds are used, they shall be restrained so 
as to avoid stressing the electrical connections.
    (iv) Bonds between the suspension strand and the existing ground 
shall be at least No. 6AWG copper.
    (v) Temporary bonds shall be left in place until the strand has been 
tensioned, dead-ended, and permanently grounded.
    (vi) The requirements of paragraphs (m)(6)(i) through (m)(6)(v) of 
this section do not apply to the installation of insulated strand.
    (7) Antenna work-radio transmitting stations 3-30 MHZ. (i) Prior to 
grounding a radio transmitting station antenna, the employer shall 
insure that the rigger in charge:
    (A) Prepares a danger tag signed with his signature,
    (B) Requests the transmitting technician to shutdown the transmitter 
and to ground the antenna with its grounding switch,
    (C) Is notified by the transmitting technician that the transmitter 
has been shutdown, and

[[Page 757]]

    (D) Tags the antenna ground switch personally in the presence of the 
transmitting technician after the antenna has been grounded by the 
transmitting technician.
    (ii) Power shall not be applied to the antenna, nor shall the 
grounding switch be opened under any circumstances while the tag is 
affixed.
    (iii)(A) Where no grounding switches are provided, grounding sticks 
shall be used, one on each side of line, and tags shall be placed on the 
grounding sticks, antenna switch, or plate power switch in a conspicuous 
place.
    (B) When necessary to further reduce excessive radio frequency 
pickup, ground sticks or short circuits shall be placed directly on the 
transmission lines near the transmitter in addition to the regular 
grounding switches.
    (C) In other cases, the antenna lines may be disconnected from 
ground and the transmitter to reduce pickup at the point in the field.
    (iv) All radio frequency line wires shall be tested for pickup with 
an insulated probe before they are handled either with bare hands or 
with metal tools.
    (v) The employer shall insure that the transmitting technician warn 
the riggers about adjacent lines which are, or may become energized.
    (vi) The employer shall insure that when antenna work has been 
completed, the rigger in charge of the job returns to the transmitter, 
notifies the transmitting technician in charge that work has been 
completed, and personally removes the tag from the antenna ground 
switch.
    (n) Overhead lines--(1) Handling suspension strand. (i) The employer 
shall insure that when handling cable suspension strand which is being 
installed on poles carrying exposed energized power conductors, 
employees shall wear insulating gloves and shall avoid body contact with 
the strand until after it has been tensioned, dead-ended and permanently 
grounded.
    (ii) The strand shall be restrained against upward movement during 
installation:
    (A) On joint-use poles, where there is an upward change in grade at 
the pole, and
    (B) On non-joint-use poles, where the line croses under energized 
power conductors.
    (2) Need for testing wood poles. Unless temporary guys or braces are 
attached, the following poles shall be tested in accordance with 
paragraph (n)(3) of this section and determined to be safe before 
employees are permitted to climb them:
    (i) Dead-end poles, except properly braced or guyed ``Y'' or ``T'' 
cable junction poles,
    (ii) Straight line poles which are not storm guyed and where 
adjacent span lengths exceed 165 feet,
    (iii) Poles at which there is a downward change in grade and which 
are not guyed or braced corner poles or cable junction poles,
    (iv) Poles which support only telephone drop wire, and
    (v) Poles which carry less than ten communication line wires. On 
joint use poles, one power line wire shall be considered as two 
communication wires for purposes of this paragraph (n)(2)(v).
    (3) Methods for testing wood poles. One of the following methods or 
an equivalent method shall be used for testing wood poles:
    (i) Rap the pole sharply with a hammer weighing about 3 pounds, 
starting near the ground line and continuing upwards circumferentially 
around the pole to a height of approximately 6 feet. The hammer will 
produce a clear sound and rebound sharply when striking sound wood. 
Decay pockets will be indicated by a dull sound and/or a less pronounced 
hammer rebound. When decay pockets are indicated, the pole shall be 
considered unsafe. Also, prod the pole as near the ground line as 
possible using a pole prod or a screwdriver with a blade at least 5 
inches long. If substantial decay is encountered, the pole shall be 
considered unsafe.
    (ii) Apply a horizontal force to the pole and attempt to rock it 
back and forth in a direction perpendicular to the line. Caution shall 
be exercised to avoid causing power wires to swing together. The force 
may be applied either by pushing with a pike pole or pulling with a 
rope. If the pole cracks during the test, it shall be considered unsafe.
    (4) Unsafe poles or structures. Poles or structures determined to be 
unsafe by

[[Page 758]]

test or observation may not be climbed until made safe by guying, 
bracing or other adequate means. Poles determined to be unsafe to climb 
shall, until they are made safe, be tagged in a conspicuous place to 
alert and warn all employees of the unsafe condition.
    (5) Test requirements for cable suspension strand. (i) Before 
attaching a splicing platform to a cable suspension strand, the strand 
shall be tested and determined to have strength sufficient to support 
the weight of the platform and the employee. Where the strand crosses 
above power wires or railroad tracks it may not be tested but shall be 
inspected in accordance with paragraph (n)(6) of this section.
    (ii) The following method or an equivalent method shall be used for 
testing the strength of the strand: A rope, at least three-eighths inch 
in diameter, shall be thrown over the strand. On joint lines, the rope 
shall be passed over the strand using tree pruner handles or a wire 
raising tool. If two employees are present, both shall grip the double 
rope and slowly transfer their entire weight to the rope and attempt to 
raise themselves off the ground. If only one employee is present, one 
end of the rope which has been passed over the strand shall be tied to 
the bumper of the truck, or other equally secure anchorage. The employee 
then shall grasp the other end of the rope and attempt to raise himself 
off the ground.
    (6) Inspection of strand. Where strand passes over electric power 
wires or railroad tracks, it shall be inspected from an elevated working 
position at each pole supporting the span in question. The strand may 
not be used to support any splicing platform, scaffold or cable car, if 
any of the following conditions exist:
    (i) Corrosion so that no galvanizing can be detected,
    (ii) One or more wires of the strand are broken,
    (iii) Worn spots, or
    (iv) Burn marks such as those caused by contact with electric power 
wires.
    (7) Outside work platforms. Unless adequate railings are provided, 
safety straps and body belts shall be used while working on elevated 
work platforms such as aerial splicing platforms, pole platforms, ladder 
platforms and terminal balconies.
    (8) Other elevated locations. Safety straps and body belts shall be 
worn when working at elevated positions on poles, towers or similar 
structures, which do not have adequately guarded work areas.
    (9) Installing and removing wire and cable. Before installing or 
removing wire or cable, the pole or structure shall be guyed, braced, or 
otherwise supported, as necessary, to prevent failure of the pole or 
structure.
    (10) Avoiding contact with energized power conductors or equipment. 
When cranes, derricks, or other mechanized equipment are used for 
setting, moving, or removing poles, all necessary precautions shall be 
taken to avoid contact with energized power conductors or equipment.
    (11) Handling poles near energized power conductors. (i) Joint use 
poles may not be set, moved, or removed where the nominal voltage of 
open electrical power conductors exceeds 34.5kV phase to phase (20kV to 
ground).
    (ii) Poles that are to be placed, moved or removed during heavy 
rains, sleet or wet snow in joint lines carrying more than 8.7kV phase 
to phase voltage (5kV to ground) shall be guarded or otherwise prevented 
from direct contact with overhead energized power conductors.
    (iii)(A) In joint lines where the power voltage is greater than 750 
volts but less than 34.5kV phase to phase (20 kV to ground), wet poles 
being placed, moved or removed shall be insulated with either a rubber 
insulating blanket, a fiberglass box guide, or equivalent protective 
equipment.
    (B) In joint lines where the power voltage is greater than 8.7 kV 
phase to phase (5kV to ground) but less than 34.5kV phase to phase (20 
kV to ground), dry poles being placed, moved, or removed shall be 
insulated with either a rubber insulating blanket, a fiberglass box 
guide, or equivalent protective equipment.
    (C) Where wet or dry poles are being removed, insulation of the pole 
is not required if the pole is cut off 2 feet or more below the lowest 
power wire and also cut off near the ground line.

[[Page 759]]

    (iv) Insulating gloves shall be worn when handling the pole with 
either hands or tools, when there exists a possibility that the pole may 
contact a power conductor. Where the voltage to ground of the power 
conductor exceeds 15kV to ground, Class II gloves (as defined in ANSI 
J6.6-1971) shall be used. For voltages not exceeding 15kV to ground, 
insulating gloves shall have a breakdown voltage of at least 17kV.
    (v) The guard or insulating material used to protect the pole shall 
meet the appropriate 3 minute proof test voltage requirements contained 
in the ANSI J6.4-1971.
    (vi) When there exists a possibility of contact between the pole or 
the vehicle-mounted equipment used to handle the pole, and an energized 
power conductor, the following precautions shall be observed:
    (A) When on the vehicle which carries the derrick, avoid all contact 
with the ground, with persons standing on the ground, and with all 
grounded objects such as guys, tree limbs, or metal sign posts. To the 
extent feasible, remain on the vehicle as long as the possibility of 
contact exists.
    (B) When it is necessary to leave the vehicle, step onto an 
insulating blanket and break all contact with the vehicle before 
stepping off the blanket and onto the ground. As a last resort, if a 
blanket is not available, the employee may jump cleanly from the 
vehicle.
    (C) When it is necessary to enter the vehicle, first step onto an 
insulating blanket and break all contact with the ground, grounded 
objects and other persons before touching the truck or derrick.
    (12) Working position on poles. Climbing and working are prohibited 
above the level of the lowest electric power conducter on the pole 
(exclusive of vertical runs and street light wiring), except:
    (i) Where communications facilities are attached above the electric 
power conductors, and a rigid fixed barrier is installed between the 
electric power facility and the communications facility, or
    (ii) Where the electric power conductors are cabled secondary 
service drops carrying less than 300 volts to ground and are attached 40 
inches or more below the communications conductors or cables.
    (13) Metal tapes and ropes. (i) Metal measuring tapes, metal 
measuring ropes, or tapes containing conductive strands may not be used 
when working near exposed energized parts.
    (ii) Where it is necessary to measure clearances from energized 
parts, only nonconductive devices shall be used.
    (o) Underground lines. The provisions of this paragraph apply to the 
guarding of manholes and street openings, and to the ventilation and 
testing for gas in manholes and unvented vaults, where 
telecommunications field work is performed on or with underground lines.
    (1) Guarding manholes and street openings. (i) When covers of 
manholes or vaults are removed, the opening shall be promptly guarded by 
a railing, temporary cover, or other suitable temporary barrier which is 
appropriate to prevent an accidental fall through the opening and to 
protect employees working in the manhole from foreign objects entering 
the manhole.
    (ii) While work is being performed in the manhole, a person with 
basic first aid training shall be immediately available to render 
assistance if there is cause for believing that a safety hazard exists, 
and if the requirements contained in paragraphs (d)(1) and (o)(1)(i) of 
this section do not adequately protect the employee(s). Examples of 
manhole worksite hazards which shall be considered to constitute a 
safety hazard include, but are not limited to:
    (A) Manhole worksites where safety hazards are created by traffic 
patterns that cannot be corrected by provisions of paragraph (d)(1) of 
this section.
    (B) Manhole worksites that are subject to unusual water hazards that 
cannot be abated by conventional means.
    (C) Manhole worksites that are occupied jointly with power utilities 
as described in paragraph (o)(3) of this section.
    (2) Requirements prior to entering manholes and unvented vaults. (i) 
Before an employee enters a manhole, the following steps shall be taken:
    (A) The internal atmosphere shall be tested for combustible gas and, 
except when continuous forced ventilation is

[[Page 760]]

provided, the atmosphere shall also be tested for oxygen deficiency.
    (B) When unsafe conditions are detected by testing or other means, 
the work area shall be ventilated and otherwise made safe before entry.
    (ii) An adequate continuous supply of air shall be provided while 
work is performed in manholes under any of the following conditions:
    (A) Where combustible or explosive gas vapors have been initially 
detected and subsequently reduced to a safe level by ventilation,
    (B) Where organic solvents are used in the work procedure,
    (C) Where open flame torches are used in the work procedure,
    (D) Where the manhole is located in that portion of a public right 
of way open to vehicular traffic and/or exposed to a seepage of gas or 
gases, or
    (E) Where a toxic gas or oxygen deficiency is found.
    (iii)(A) The requirements of paragraphs (o)(2) (i) and (ii) of this 
section do not apply to work in central office cable vaults that are 
adequately ventilated.
    (B) The requirements of paragraphs (o)(2) (i) and (ii) of this 
section apply to work in unvented vaults.
    (3) Joint power and telecommunication manholes. While work is being 
performed in a manhole occupied jointly by an electric utility and a 
telecommunication utility, an employee with basic first aid training 
shall be available in the immediate vicinity to render emergency 
assistance as may be required. The employee whose presence is required 
in the immediate vicinity for the purposes of rendering emergency 
assistance is not to be precluded from occasionally entering a manhole 
to provide assistance other than in an emergency. The requirement of 
this paragraph (o)(3) does not preclude a qualified employee, working 
alone, from entering for brief periods of time, a manhole where 
energized cables or equipment are in service, for the purpose of 
inspection, housekeeping, taking readings, or similar work if such work 
can be performed safely.
    (4) Ladders. Ladders shall be used to enter and exit manholes 
exceeding 4 feet in depth.
    (5) Flames. When open flames are used in manholes, the following 
precautions shall be taken to protect against the accumulation of 
combustible gas:
    (i) A test for combustible gas shall be made immediately before 
using the open flame device, and at least once per hour while using the 
device; and
    (ii) a fuel tank (e.g., acetylene) may not be in the manhole unless 
in actual use.
    (p) Microwave transmission--(1) Eye protection. Employers shall 
insure that employees do not look into an open waveguide which is 
connected to an energized source of microwave radiation.
    (2) Hazardous area. Accessible areas associated with microwave 
communication systems where the electromagnetic radiation level exceeds 
the radiation protection guide given in Sec.  1910.97 shall be posted as 
described in that section. The lower half of the warning symbol shall 
include the following:

    Radiation in this area may exceed hazard limitations and special 
precautions are required. Obtain specific instruction before entering.

    (3) Protective measures. When an employee works in an area where the 
electromagnetic radiation exceeds the radiation protection guide, the 
employer shall institute measures that insure that the employee's 
exposure is not greater than that permitted by the radiation guide. Such 
measures shall include, but not be limited to those of an administrative 
or engineering nature or those involving personal protective equipment.
    (q) Tree trimming--electrical hazards--(1) General. (i) Employees 
engaged in pruning, trimming, removing, or clearing trees from lines 
shall be required to consider all overhead and underground electrical 
power conductors to be energized with potentially fatal voltages, never 
to be touched (contacted) either directly or indirectly.
    (ii) Employees engaged in line-clearing operations shall be 
instructed that:
    (A) A direct contact is made when any part of the body touches or 
contacts an energized conductor, or other energized electrical fixture 
or apparatus.

[[Page 761]]

    (B) An indirect contact is made when any part of the body touches 
any object in contact with an energized electrical conductor, or other 
energized fixture or apparatus.
    (C) An indirect contact can be made through conductive tools, tree 
branches, trucks, equipment, or other objects, or as a result of 
communications wires, cables, fences, or guy wires being accidentally 
energized.
    (D) Electric shock will occur when an employee, by either direct or 
indirect contact with an energized conductor, energized tree limb, tool, 
equipment, or other object, provides a path for the flow of electricity 
to a grounded object or to the ground itself. Simultaneous contact with 
two energized conductors will also cause electric shock which may result 
in serious or fatal injury.
    (iii) Before any work is performed in proximity to energized 
conductors, the system operator/owner of the energized conductors shall 
be contacted to ascertain if he knows of any hazards associated with the 
conductors which may not be readily apparent. This rule does not apply 
when operations are performed by or on behalf of, the system operator/
owner.
    (2) Working in proximity to electrical hazards. (i) Employers shall 
ensure that a close inspection is made by the employee and by the 
foremen or supervisor in charge before climbing, entering, or working 
around any tree, to determine whether an electrical power conductor 
passes through the tree, or passes within reaching distance of an 
employee working in the tree. If any of these conditions exist either 
directly or indirectly, an electrical hazard shall be considered to 
exist unless the system operator/owner has caused the hazard to be 
removed by deenergizing the lines, or installing protective equipment.
    (ii) Only qualified employees or trainees, familiar with the special 
techniques and hazards involved in line clearance, shall be permitted to 
perform the work if it is found that an electrical hazard exists.
    (iii) During all tree working operations aloft where an electrical 
hazard of more than 750V exists, there shall be a second employee or 
trainee qualified in line clearance tree trimming within normal voice 
communication.
    (iv) Where tree work is performed by employees qualified in line-
clearance tree trimming and trainees qualified in line-clearance tree 
trimming, the clearances from energized conductors given in Table R-3 
shall apply.

Table R-3--Minimum Working Distances From Energized Conductors for Line-
    Clearance Tree Trimmers and Line-Clearance Tree-Trimmer Trainees
------------------------------------------------------------------------
 Voltage range (phase to phase) (kilovolts)    Minimum working distance
------------------------------------------------------------------------
2.1 to 15.0................................  2 ft. 0 in.
15.1 to 35.0...............................  2 ft. 4 in.
35.1 to 46.0...............................  2 ft. 6 in.
46.1 to 72.5...............................  3 ft. 0 in.
72.6 to 121.0..............................  3 ft. 4 in.
138.0 to 145.0.............................  3 ft. 6 in.
161.0 to 169.0.............................  3 ft. 8 in.
230.0 to 242.0.............................  5 ft. 0 in.
345.0 to 362.0.............................  7 ft. 0 in.
500.0 to 552.0.............................  11 ft. 0 in.
700.0 to 765.0.............................  15 ft. 0 in.
------------------------------------------------------------------------

    (v) Branches hanging on an energized conductor may only be removed 
using appropriately insulated equipment.
    (vi) Rubber footwear, including lineman's overshoes, shall not be 
considered as providing any measure of safety from electrical hazards.
    (vii) Ladders, platforms, and aerial devices, including insulated 
aerial devices, may not be brought in contact with an electrical 
conductor. Reliance shall not be placed on their dielectric 
capabilities.
    (viii) When an aerial lift device contacts an electrical conductor, 
the truck supporting the aerial lift device shall be considered as 
energized.
    (3) Storm work and emergency conditions. (i) Since storm work and 
emergency conditions create special hazards, only authorized 
representatives of the electric utility system operator/owner and not 
telecommunication workers may perform tree work in these situations 
where energized electrical power conductors are involved.
    (ii) When an emergency condition develops due to tree operations, 
work shall be suspended and the system operator/owner shall be notified 
immediately.

[[Page 762]]

    (r) Buried facilities--Communications lines and power lines in the 
same trench. [Reserved]
    (s) Definitions--(1) Aerial lifts. Aerial lifts 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,
    (v) A combination of any of the above defined in ANSI A92.2-1969, 
which is incorporated by reference as specified in Sec.  1910.6. These 
devices are made of metal, wood, fiberglass reinforced plastic (FRP), or 
other material; are 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 splicing platform. This consists of a platform, 
approximately 3 ft. x 4 ft., used to perform aerial cable work. It is 
furnished with fiber or synthetic ropes for supporting the platform from 
aerial strand, detachable guy ropes for anchoring it, and a device for 
raising and lowering it with a handline.
    (3) Aerial tent. A small tent usually constructed of vinyl coated 
canvas which is usually supported by light metal or plastic tubing. It 
is designed to protect employees in inclement weather while working on 
ladders, aerial splicing platforms, or aerial devices.
    (4) Alive or live (energized). Electrically connected to a source of 
potential difference, or electrically charged so as to have a potential 
significantly different from that of the earth in the vicinity. The term 
live is sometimes used in the place of the term current-carrying, where 
the intent is clear, to avoid repetition of the longer term.
    (5) Barricade. A physical obstruction such as tapes, cones, or ``A'' 
frame type wood and/or metal structure intended to warn and limit access 
to a work area.
    (6) Barrier. A physical obstruction which is intended to prevent 
contact with energized lines or equipment, or to prevent unauthorized 
access to work area.
    (7) Bond. An electrical connection from one conductive element to 
another for the purpose of minimizing potential differences or providing 
suitable conductivity for fault current or for mitigation of leakage 
current and electrolytic action.
    (8) Cable. A conductor with insulation, or a stranded conductor with 
or without insulation and other coverings (single-conductor cable), or a 
combination of conductors insulated from one another (multiple-conductor 
cable).
    (9) Cable sheath. A protective covering applied to cables.

    Note: A cable sheath may consist of multiple layers of which one or 
more is conductive.

    (10) Circuit. A conductor or system of conductors through which an 
electric current is intended to flow.
    (11) Communication lines. The conductors and their supporting or 
containing structures for telephone, telegraph, railroad signal, data, 
clock, fire, police-alarm, community television antenna and other 
systems which are used for public or private signal or communication 
service, and which operate at potentials not exceeding 400 volts to 
ground or 750 volts between any two points of the circuit, and the 
transmitted power of which does not exceed 150 watts. When 
communications lines operate at less than 150 volts to ground, no limit 
is placed on the capacity of the system. Specifically designed 
communications cables may include communication circuits not complying 
with the preceding limitations, where such circuits are also used 
incidentally to supply power to communication equipment.
    (12) Conductor. A material, usually in the form of a wire, cable, or 
bus bar, suitable for carrying an electric current.
    (13) Effectively grounded. Intentionally connected to earth through 
a ground connection or connections of sufficiently low impedance and 
having sufficient current-carrying capacity to prevent the build-up of 
voltages which may result in undue hazard to connected equipment or to 
persons.
    (14) Equipment. A general term which includes materials, fittings, 
devices, appliances, fixtures, apparatus, and

[[Page 763]]

similar items used as part of, or in connection with, a supply or 
communications installation.
    (15) Ground (reference). That conductive body, usually earth, to 
which an electric potential is referenced.
    (16) Ground (as a noun). A conductive connection, whether 
intentional or accidental, by which an electric circuit or equipment is 
connected to reference ground.
    (17) Ground (as a verb). The connecting or establishment of a 
connection, whether by intention or accident, of an electric circuit or 
equipment to reference ground.
    (18) Ground tent. A small tent usually constructed of vinyl coated 
canvas supported by a metal or plastic frame. Its purpose is to protect 
employees from inclement weather while working at buried cable pedestal 
sites or similar locations.
    (19) Grounded conductor. A system or circuit conductor which is 
intentionally grounded.
    (20) Grounded systems. A system of conductors in which at least one 
conductor or point (usually the middle wire, or the neutral point of 
transformer or generator windings) is intentionally grounded, either 
solidly or through a current-limiting device (not a current-interrupting 
device).
    (21) Grounding electrode conductor. (Grounding conductor). A 
conductor used to connect equipment or the grounded circuit of a wiring 
system to a grounding electrode.
    (22) Insulated. Separated from other conducting surfaces by a 
dielectric substance (including air space) offering a high resistance to 
the passage of current.

    Note: When any object is said to be insulated, it is understood to 
be insulated in suitable manner for the conditions to which it is 
subjected. Otherwise, it is, within the purpose of these rules, 
uninsulated. Insulating coverings of conductors in one means of making 
the conductor insulated.

    (23) Insulation (as applied to cable). That which is relied upon to 
insulate the conductor from other conductors or conducting parts or from 
ground.
    (24) Joint use. The sharing of a common facility, such as a manhole, 
trench or pole, by two or more different kinds of utilities (e.g., power 
and telecommunications).
    (25) Ladder platform. A device designed to facilitate working aloft 
from an extension ladder. A typical device consists of a platform 
(approximately 9 x 18) hinged to a welded pipe 
frame. The rear edge of the platform and the bottom cross-member of the 
frame are equipped with latches to lock the platform to ladder rungs.
    (26) Ladder seat. A removable seat used to facilitate work at an 
elevated position on rolling ladders in telecommunication centers.
    (27) Manhole. A subsurface enclosure which personnel may enter and 
which is used for the purpose of installing, operating, and maintaining 
submersible equipment and/or cable.
    (28) Manhole platform. A platform consisting of separate planks 
which are laid across steel platform supports. The ends of the supports 
are engaged in the manhole cable racks.
    (29) Microwave transmission. The act of communicating or signaling 
utilizing a frequency between 1 GHz (gigahertz) and 300 
GHz inclusively.
    (30) Nominal voltage. The nominal voltage of a system or circuit is 
the value assigned to a system or circuit of a given voltage class for 
the purpose of convenient designation. The actual voltage may vary above 
or below this value.
    (31) Pole balcony or seat. A balcony or seat used as a support for 
workmen at pole-mounted equipment or terminal boxes. A typical device 
consists of a bolted assembly of steel details and a wooden platform. 
Steel braces run from the pole to the underside of the balcony. A guard 
rail (approximately 30 high) may be provided.
    (32) Pole platform. A platform intended for use by a workman in 
splicing and maintenance operations in an elevated position adjacent to 
a pole. It consists of a platform equipped at one end with a hinged 
chain binder for securing the platform to a pole. A brace from the pole 
to the underside of the platform is also provided.
    (33) Qualified employee. Any worker who by reason of his training 
and experience has demonstrated his ability to safely perform his 
duties.

[[Page 764]]

    (34) Qualified line-clearance tree trimmer. A tree worker who 
through related training and on-the-job experience is familar with the 
special techniques and hazards involved in line clearance.
    (35) Qualified line-clearance tree-trimmer trainee. Any worker 
regularly assigned to a line-clearance tree-trimming crew and undergoing 
on-the-job training who, in the course of such training, has 
demonstrated his ability to perform his duties safely at his level of 
training.
    (36) System operator/owner. The person or organization that operates 
or controls the electrical conductors involved.
    (37) Telecommunications center. An installation of communication 
equipment under the exclusive control of an organization providing 
telecommunications service, that is located outdoors or in a vault, 
chamber, or a building space used primarily for such installations.

    Note: Telecommunication centers are facilities established, equipped 
and arranged in accordance with engineered plans for the purpose of 
providing telecommunications service. They may be located on premises 
owned or leased by the organization providing telecommunication service, 
or on the premises owned or leased by others. This definition includes 
switch rooms (whether electromechanical, electronic, or computer 
controlled), terminal rooms, power rooms, repeater rooms, transmitter 
and receiver rooms, switchboard operating rooms, cable vaults, and 
miscellaneous communications equipment rooms. Simulation rooms of 
telecommunication centers for training or developmental purposes are 
also included.

    (38) Telecommunications derricks. Rotating or nonrotating derrick 
structures permanently mounted on vehicles for the purpose of lifting, 
lowering, or positioning hardware and materials used in 
telecommunications work.
    (39) Telecommunication line truck. A truck used to transport men, 
tools, and material, and to serve as a traveling workshop for 
telecommunication installation and maintenance work. It is sometimes 
equipped with a boom and auxiliary equipment for setting poles, digging 
holes, and elevating material or men.
    (40) Telecommunication service. The furnishing of a capability to 
signal or communicate at a distance by means such as telephone, 
telegraph, police and firealarm, community antenna television, or 
similar system, using wire, conventional cable, coaxial cable, wave 
guides, microwave transmission, or other similar means.
    (41) Unvented vault. An enclosed vault in which the only openings 
are access openings.
    (42) Vault. An enclosure above or below ground which personnel may 
enter, and which is used for the purpose of installing, operating, and/
or maintaining equipment and/or cable which need not be of submersible 
design.
    (43) Vented vault. An enclosure as described in paragraph(s) (42) of 
this section, with provision for air changes using exhaust flue stack(s) 
and low level air intake(s), operating on differentials of pressure and 
temperature providing for air flow.
    (44) Voltage of an effectively grounded circuit. The voltage between 
any conductor and ground unless otherwise indicated.
    (45) Voltage of a circuit not effectively grounded. The voltage 
between any two conductors. If one circuit is directly connected to and 
supplied from another circuit of higher voltage (as in the case of an 
autotransformer), both are considered as of the higher voltage, unless 
the circuit of lower voltage is effectively grounded, in which case its 
voltage is not determined by the circuit of higher voltage. Direct 
connection implies electric connection as distinguished from connection 
merely through electromagnetic or electrostatic induction.

[40 FR 13441, Mar. 26, 1975, as amended at 43 FR 49751, Oct. 24, 1978; 
47 FR 14706, Apr. 6, 1982; 52 FR 36387, Sept. 28, 1987; 54 FR 24334, 
June 7, 1989; 61 FR 9242, Mar. 7, 1996; 63 FR 33467, June 18, 1998; 67 
FR 67965, Nov. 7, 2002; 69 FR 31882, June 8, 2004; 70 FR 1141, Jan. 5, 
2005; 81 FR 83006, Nov. 18, 2016]



Sec.  1910.269  Electric power generation, transmission, and distribution.

    (a) General--(1) Application. (i) This section covers the operation 
and maintenance of electric power generation, control, transformation, 
transmission, and distribution lines and equipment. These provisions 
apply to:

[[Page 765]]

    (A) Power generation, transmission, and distribution installations, 
including related equipment for the purpose of communication or metering 
that are accessible only to qualified employees;

    Note to paragraph (a)(1)(i)(A): The types of installations covered 
by this paragraph include the generation, transmission, and distribution 
installations of electric utilities, as well as equivalent installations 
of industrial establishments. Subpart S of this part covers 
supplementary electric generating equipment that is used to supply a 
workplace for emergency, standby, or similar purposes only. (See 
paragraph (a)(1)(i)(B) of this section.)

    (B) Other installations at an electric power generating station, as 
follows:
    (1) Fuel and ash handling and processing installations, such as coal 
conveyors,
    (2) Water and steam installations, such as penstocks, pipelines, and 
tanks, providing a source of energy for electric generators, and
    (3) Chlorine and hydrogen systems;
    (C) Test sites where employees perform electrical testing involving 
temporary measurements associated with electric power generation, 
transmission, and distribution in laboratories, in the field, in 
substations, and on lines, as opposed to metering, relaying, and routine 
line work;
    (D) Work on, or directly associated with, the installations covered 
in paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section; and
    (E) Line-clearance tree trimming performed for the purpose of 
clearing space around electric power generation, transmission, or 
distribution lines or equipment and on behalf of an organization that 
operates, or that controls the operating procedures for, those lines or 
equipment, as follows:
    (1) Entire Sec.  1910.269, except paragraph (r)(1) of this section, 
applies to line-clearance tree trimming covered by the introductory text 
to paragraph (a)(1)(i)(E) of the section when performed by qualified 
employees (those who are knowledgeable in the construction and operation 
of the electric power generation, transmission, or distribution 
equipment involved, along with the associated hazards).
    (2) Paragraphs (a)(2), (a)(3), (b), (c), (g), (k), (p), and (r) of 
this section apply to line-clearance tree trimming covered by the 
introductory text to paragraph (a)(1)(i)(E) of this section when 
performed by line-clearance tree trimmers who are not qualified 
employees.
    (ii) Notwithstanding paragraph (a)(1)(i) of this section, Sec.  
1910.269 of this part does not apply:
    (A) To construction work, as defined in Sec.  1910.12 of this part, 
except for line-clearance tree trimming and work involving electric 
power generation installations as specified in Sec.  1926.950(a)(3) of 
this chapter; or
    (B) To electrical installations, electrical safety-related work 
practices, or electrical maintenance considerations covered by subpart S 
of this part.

    Note 1 to paragraph (a)(1)(ii)(B): The Occupational Safety and 
Health Administration considers work practices conforming to Sec. Sec.  
1910.332 through 1910.335 as complying with the electrical safety-
related work-practice requirements of Sec.  1910.269 identified in Table 
1 of appendix A-2 to this section, provided that employers are 
performing the work on a generation or distribution installation meeting 
Sec. Sec.  1910.303 through 1910.308. This table also identifies 
provisions in Sec.  1910.269 that apply to work by qualified persons 
directly on, or associated with, installations of electric power 
generation, transmission, and distribution lines or equipment, 
regardless of compliance with Sec. Sec.  1910.332 through 1910.335.
    Note 2 to paragraph (a)(1)(ii)(B): The Occupational Safety and 
Health Administration considers work practices performed by qualified 
persons and conforming to Sec.  1910.269 as complying with Sec. Sec.  
1910.333(c) and 1910.335.

    (iii) This section applies in addition to all other applicable 
standards contained in this part 1910. Employers covered under this 
section are not exempt from complying with other applicable provisions 
in part 1910 by the operation of Sec.  1910.5(c). Specific references in 
this section to other sections of part 1910 are for emphasis only.
    (2) Training. (i) All employees performing work covered by this 
section shall be trained as follows:
    (A) Each employee shall be trained in, and familiar with, the 
safety-related work practices, safety procedures, and other safety 
requirements in this section that pertain to his or her job assignments.
    (B) Each employee shall also be trained in and familiar with any 
other safety practices, including applicable emergency procedures (such 
as pole-top

[[Page 766]]

and manhole rescue), that are not specifically addressed by this section 
but that are related to his or her work and are necessary for his or her 
safety.
    (C) The degree of training shall be determined by the risk to the 
employee for the hazard involved.
    (ii) Each qualified employee shall also be trained and competent in:
    (A) The skills and techniques necessary to distinguish exposed live 
parts from other parts of electric equipment,
    (B) The skills and techniques necessary to determine the nominal 
voltage of exposed live parts,
    (C) The minimum approach distances specified in this section 
corresponding to the voltages to which the qualified employee will be 
exposed and the skills and techniques necessary to maintain those 
distances,
    (D) The proper use of the special precautionary techniques, personal 
protective equipment, insulating and shielding materials, and insulated 
tools for working on or near exposed energized parts of electric 
equipment, and
    (E) The recognition of electrical hazards to which the employee may 
be exposed and the skills and techniques necessary to control or avoid 
these hazards.

    Note to paragraph (a)(2)(ii): For the purposes of this section, a 
person must have the training required by paragraph (a)(2)(ii) of this 
section to be considered a qualified person.

    (iii) Each line-clearance tree trimmer who is not a qualified 
employee shall also be trained and competent in:
    (A) The skills and techniques necessary to distinguish exposed live 
parts from other parts of electric equipment,
    (B) The skills and techniques necessary to determine the nominal 
voltage of exposed live parts, and
    (C) The minimum approach distances specified in this section 
corresponding to the voltages to which the employee will be exposed and 
the skills and techniques necessary to maintain those distances.
    (iv) The employer shall determine, through regular supervision and 
through inspections conducted on at least an annual basis, that each 
employee is complying with the safety-related work practices required by 
this section.
    (v) An employee shall receive additional training (or retraining) 
under any of the following conditions:
    (A) If the supervision or annual inspections required by paragraph 
(a)(2)(iv) of this section indicate that the employee is not complying 
with the safety-related work practices required by this section, or
    (B) If new technology, new types of equipment, or changes in 
procedures necessitate the use of safety-related work practices that are 
different from those which the employee would normally use, or
    (C) If he or she must employ safety-related work practices that are 
not normally used during his or her regular job duties.

    Note to paragraph (a)(2)(v)(C): The Occupational Safety and Health 
Administration considers tasks that are performed less often than once 
per year to necessitate retraining before the performance of the work 
practices involved.

    (vi) The training required by paragraph (a)(2) of this section shall 
be of the classroom or on-the-job type.
    (vii) The training shall establish employee proficiency in the work 
practices required by this section and shall introduce the procedures 
necessary for compliance with this section.
    (viii) The employer shall ensure that each employee has demonstrated 
proficiency in the work practices involved before that employee is 
considered as having completed the training required by paragraph (a)(2) 
of this section.

    Note 1 to paragraph (a)(2)(viii): Though they are not required by 
this paragraph, employment records that indicate that an employee has 
successfully completed the required training are one way of keeping 
track of when an employee has demonstrated proficiency.
    Note 2 to paragraph (a)(2)(viii): For an employee with previous 
training, an employer may determine that that employee has demonstrated 
the proficiency required by this paragraph using the following process:
    (1) Confirm that the employee has the training required by paragraph 
(a)(2) of this section,
    (2) Use an examination or interview to make an initial determination 
that the employee understands the relevant safety-related work practices 
before he or she performs any work covered by this section, and

[[Page 767]]

    (3) Supervise the employee closely until that employee has 
demonstrated proficiency as required by this paragraph.

    (3) Information transfer. (i) Before work begins, the host employer 
shall inform contract employers of:
    (A) The characteristics of the host employer's installation that are 
related to the safety of the work to be performed and are listed in 
paragraphs (a)(4)(i) through (a)(4)(v) of this section;

    Note to paragraph (a)(3)(i)(A): This paragraph requires the host 
employer to obtain information listed in paragraphs (a)(4)(i) through 
(a)(4)(v) of this section if it does not have this information in 
existing records.

    (B) Conditions that are related to the safety of the work to be 
performed, that are listed in paragraphs (a)(4)(vi) through (a)(4)(viii) 
of this section, and that are known to the host employer;

    Note to paragraph (a)(3)(i)(B): For the purposes of this paragraph, 
the host employer need only provide information to contract employers 
that the host employer can obtain from its existing records through the 
exercise of reasonable diligence. This paragraph does not require the 
host employer to make inspections of worksite conditions to obtain this 
information.

    (C) Information about the design and operation of the host 
employer's installation that the contract employer needs to make the 
assessments required by this section; and

    Note to paragraph (a)(3)(i)(C): This paragraph requires the host 
employer to obtain information about the design and operation of its 
installation that contract employers need to make required assessments 
if it does not have this information in existing records.

    (D) Any other information about the design and operation of the host 
employer's installation that is known by the host employer, that the 
contract employer requests, and that is related to the protection of the 
contract employer's employees.

    Note to paragraph (a)(3)(i)(D): For the purposes of this paragraph, 
the host employer need only provide information to contract employers 
that the host employer can obtain from its existing records through the 
exercise of reasonable diligence. This paragraph does not require the 
host employer to make inspections of worksite conditions to obtain this 
information.

    (ii) Contract employers shall comply with the following 
requirements:
    (A) The contract employer shall ensure that each of its employees is 
instructed in the hazardous conditions relevant to the employee's work 
that the contract employer is aware of as a result of information 
communicated to the contract employer by the host employer under 
paragraph (a)(3)(i) of this section.
    (B) Before work begins, the contract employer shall advise the host 
employer of any unique hazardous conditions presented by the contract 
employer's work.
    (C) The contract employer shall advise the host employer of any 
unanticipated hazardous conditions found during the contract employer's 
work that the host employer did not mention under paragraph (a)(3)(i) of 
this section. The contract employer shall provide this information to 
the host employer within 2 working days after discovering the hazardous 
condition.
    (iii) The contract employer and the host employer shall coordinate 
their work rules and procedures so that each employee of the contract 
employer and the host employer is protected as required by this section.
    (4) Existing characteristics and conditions. Existing 
characteristics and conditions of electric lines and equipment that are 
related to the safety of the work to be performed shall be determined 
before work on or near the lines or equipment is started. Such 
characteristics and conditions include, but are not limited to:
    (i) The nominal voltages of lines and equipment,
    (ii) The maximum switching-transient voltages,
    (iii) The presence of hazardous induced voltages,
    (iv) The presence of protective grounds and equipment grounding 
conductors,
    (v) The locations of circuits and equipment, including electric 
supply lines, communication lines, and fire-protective signaling 
circuits,
    (vi) The condition of protective grounds and equipment grounding 
conductors,
    (vii) The condition of poles, and

[[Page 768]]

    (viii) Environmental conditions relating to safety.
    (b) Medical services and first aid. The employer shall provide 
medical services and first aid as required in Sec.  1910.151. In 
addition to the requirements of Sec.  1910.151, the following 
requirements also apply:
    (1) First-aid training. When employees are performing work on, or 
associated with, exposed lines or equipment energized at 50 volts or 
more, persons with first-aid training shall be available as follows:
    (i) For field work involving two or more employees at a work 
location, at least two trained persons shall be available. However, for 
line-clearance tree trimming performed by line-clearance tree trimmers 
who are not qualified employees, only one trained person need be 
available if all new employees are trained in first aid within 3 months 
of their hiring dates.
    (ii) For fixed work locations such as substations, the number of 
trained persons available shall be sufficient to ensure that each 
employee exposed to electric shock can be reached within 4 minutes by a 
trained person. However, where the existing number of employees is 
insufficient to meet this requirement (at a remote substation, for 
example), each employee at the work location shall be a trained 
employee.
    (2) First-aid supplies. First-aid supplies required by Sec.  
1910.151(b) shall be placed in weatherproof containers if the supplies 
could be exposed to the weather.
    (3) First-aid kits. The employer shall maintain each first-aid kit, 
shall ensure that it is readily available for use, and shall inspect it 
frequently enough to ensure that expended items are replaced. The 
employer also shall inspect each first aid kit at least once per year.
    (c) Job briefing--(1) Before each job. (i) In assigning an employee 
or a group of employees to perform a job, the employer shall provide the 
employee in charge of the job with all available information that 
relates to the determination of existing characteristics and conditions 
required by paragraph (a)(4) of this section.
    (ii) The employer shall ensure that the employee in charge conducts 
a job briefing that meets paragraphs (c)(2), (c)(3), and (c)(4) of this 
section with the employees involved before they start each job.
    (2) Subjects to be covered. The briefing shall cover at least the 
following subjects: hazards associated with the job, work procedures 
involved, special precautions, energy-source controls, and personal 
protective equipment requirements.
    (3) Number of briefings. (i) If the work or operations to be 
performed during the work day or shift are repetitive and similar, at 
least one job briefing shall be conducted before the start of the first 
job of each day or shift.
    (ii) Additional job briefings shall be held if significant changes, 
which might affect the safety of the employees, occur during the course 
of the work.
    (4) Extent of briefing. (i) A brief discussion is satisfactory if 
the work involved is routine and if the employees, by virtue of training 
and experience, can reasonably be expected to recognize and avoid the 
hazards involved in the job.
    (ii) A more extensive discussion shall be conducted:
    (A) If the work is complicated or particularly hazardous, or
    (B) If the employee cannot be expected to recognize and avoid the 
hazards involved in the job.

    Note to paragraph (c)(4): The briefing must address all the subjects 
listed in paragraph (c)(2) of this section.

    (5) Working alone. An employee working alone need not conduct a job 
briefing. However, the employer shall ensure that the tasks to be 
performed are planned as if a briefing were required.
    (d) Hazardous energy control (lockout/tagout) procedures--(1) 
Application. The provisions of paragraph (d) of this section apply to 
the use of lockout/tagout procedures for the control of energy sources 
in installations for the purpose of electric power generation, including 
related equipment for communication or metering. Locking and tagging 
procedures for the deenergizing of electric energy sources which are 
used exclusively for purposes of transmission and distribution are 
addressed by paragraph (m) of this section.


[[Page 769]]


    Note to paragraph (d)(1): Installations in electric power generation 
facilities that are not an integral part of, or inextricably commingled 
with, power generation processes or equipment are covered under Sec.  
1910.147 and Subpart S of this part.

    (2) General. (i) The employer shall establish a program consisting 
of energy control procedures, employee training, and periodic 
inspections to ensure that, before any employee performs any servicing 
or maintenance on a machine or equipment where the unexpected 
energizing, start up, or release of stored energy could occur and cause 
injury, the machine or equipment is isolated from the energy source and 
rendered inoperative.
    (ii) The employer's energy control program under paragraph (d)(2) of 
this section shall meet the following requirements:
    (A) If an energy isolating device is not capable of being locked 
out, the employer's program shall use a tagout system.
    (B) If an energy isolating device is capable of being locked out, 
the employer's program shall use lockout, unless the employer can 
demonstrate that the use of a tagout system will provide full employee 
protection as follows:
    (1) When a tagout device is used on an energy isolating device which 
is capable of being locked out, the tagout device shall be attached at 
the same location that the lockout device would have been attached, and 
the employer shall demonstrate that the tagout program will provide a 
level of safety equivalent to that obtained by the use of a lockout 
program.
    (2) In demonstrating that a level of safety is achieved in the 
tagout program equivalent to the level of safety obtained by the use of 
a lockout program, the employer shall demonstrate full compliance with 
all tagout-related provisions of this standard together with such 
additional elements as are necessary to provide the equivalent safety 
available from the use of a lockout device. Additional means to be 
considered as part of the demonstration of full employee protection 
shall include the implementation of additional safety measures such as 
the removal of an isolating circuit element, blocking of a controlling 
switch, opening of an extra disconnecting device, or the removal of a 
valve handle to reduce the likelihood of inadvertent energizing.
    (C) After November 1, 1994, whenever replacement or major repair, 
renovation, or modification of a machine or equipment is performed, and 
whenever new machines or equipment are installed, energy isolating 
devices for such machines or equipment shall be designed to accept a 
lockout device.
    (iii) Procedures shall be developed, documented, and used for the 
control of potentially hazardous energy covered by paragraph (d) of this 
section.
    (iv) The procedure shall clearly and specifically outline the scope, 
purpose, responsibility, authorization, rules, and techniques to be 
applied to the control of hazardous energy, and the measures to enforce 
compliance including, but not limited to, the following:
    (A) A specific statement of the intended use of this procedure;
    (B) Specific procedural steps for shutting down, isolating, blocking 
and securing machines or equipment to control hazardous energy;
    (C) Specific procedural steps for the placement, removal, and 
transfer of lockout devices or tagout devices and the responsibility for 
them; and
    (D) Specific requirements for testing a machine or equipment to 
determine and verify the effectiveness of lockout devices, tagout 
devices, and other energy control measures.
    (v) The employer shall conduct a periodic inspection of the energy 
control procedure at least annually to ensure that the procedure and the 
provisions of paragraph (d) of this section are being followed.
    (A) The periodic inspection shall be performed by an authorized 
employee who is not using the energy control procedure being inspected.
    (B) The periodic inspection shall be designed to identify and 
correct any deviations or inadequacies.
    (C) If lockout is used for energy control, the periodic inspection 
shall include a review, between the inspector and each authorized 
employee, of that employee's responsibilities under the energy control 
procedure being inspected.

[[Page 770]]

    (D) Where tagout is used for energy control, the periodic inspection 
shall include a review, between the inspector and each authorized and 
affected employee, of that employee's responsibilities under the energy 
control procedure being inspected, and the elements set forth in 
paragraph (d)(2)(vii) of this section.
    (E) The employer shall certify that the inspections required by 
paragraph (d)(2)(v) of this section have been accomplished. The 
certification shall identify the machine or equipment on which the 
energy control procedure was being used, the date of the inspection, the 
employees included in the inspection, and the person performing the 
inspection.

    Note to paragraph (d)(2)(v)(E): If normal work schedule and 
operation records demonstrate adequate inspection activity and contain 
the required information, no additional certification is required.

    (vi) The employer shall provide training to ensure that the purpose 
and function of the energy control program are understood by employees 
and that the knowledge and skills required for the safe application, 
usage, and removal of energy controls are acquired by employees. The 
training shall include the following:
    (A) Each authorized employee shall receive training in the 
recognition of applicable hazardous energy sources, the type and 
magnitude of energy available in the workplace, and in the methods and 
means necessary for energy isolation and control.
    (B) Each affected employee shall be instructed in the purpose and 
use of the energy control procedure.
    (C) All other employees whose work operations are or may be in an 
area where energy control procedures may be used shall be instructed 
about the procedures and about the prohibition relating to attempts to 
restart or reenergize machines or equipment that are locked out or 
tagged out.
    (vii) When tagout systems are used, employees shall also be trained 
in the following limitations of tags:
    (A) Tags are essentially warning devices affixed to energy isolating 
devices and do not provide the physical restraint on those devices that 
is provided by a lock.
    (B) When a tag is attached to an energy isolating means, it is not 
to be removed without authorization of the authorized person responsible 
for it, and it is never to be bypassed, ignored, or otherwise defeated.
    (C) Tags must be legible and understandable by all authorized 
employees, affected employees, and all other employees whose work 
operations are or may be in the area, in order to be effective.
    (D) Tags and their means of attachment must be made of materials 
which will withstand the environmental conditions encountered in the 
workplace.
    (E) Tags may evoke a false sense of security, and their meaning 
needs to be understood as part of the overall energy control program.
    (F) Tags must be securely attached to energy isolating devices so 
that they cannot be inadvertently or accidentally detached during use.
    (viii) Retraining shall be provided by the employer as follows:
    (A) Retraining shall be provided for all authorized and affected 
employees whenever there is a change in their job assignments, a change 
in machines, equipment, or processes that present a new hazard or 
whenever there is a change in the energy control procedures.
    (B) Retraining shall also be conducted whenever a periodic 
inspection under paragraph (d)(2)(v) of this section reveals, or 
whenever the employer has reason to believe, that there are deviations 
from or inadequacies in an employee's knowledge or use of the energy 
control procedures.
    (C) The retraining shall reestablish employee proficiency and shall 
introduce new or revised control methods and procedures, as necessary.
    (ix) The employer shall certify that employee training has been 
accomplished and is being kept up to date. The certification shall 
contain each employee's name and dates of training.
    (3) Protective materials and hardware. (i) Locks, tags, chains, 
wedges, key blocks, adapter pins, self-locking fasteners, or other 
hardware shall be provided by the employer for isolating, securing, or 
blocking of machines or equipment from energy sources.

[[Page 771]]

    (ii) Lockout devices and tagout devices shall be singularly 
identified; shall be the only devices used for controlling energy; may 
not be used for other purposes; and shall meet the following 
requirements:
    (A) Lockout devices and tagout devices shall be capable of 
withstanding the environment to which they are exposed for the maximum 
period of time that exposure is expected.
    (1) Tagout devices shall be constructed and printed so that exposure 
to weather conditions or wet and damp locations will not cause the tag 
to deteriorate or the message on the tag to become illegible.
    (2) Tagout devices shall be so constructed as not to deteriorate 
when used in corrosive environments.
    (B) Lockout devices and tagout devices shall be standardized within 
the facility in at least one of the following criteria: color, shape, 
size. Additionally, in the case of tagout devices, print and format 
shall be standardized.
    (C) Lockout devices shall be substantial enough to prevent removal 
without the use of excessive force or unusual techniques, such as with 
the use of bolt cutters or metal cutting tools.
    (D) Tagout devices, including their means of attachment, shall be 
substantial enough to prevent inadvertent or accidental removal. Tagout 
device attachment means shall be of a non-reusable type, attachable by 
hand, self-locking, and nonreleasable with a minimum unlocking strength 
of no less than 50 pounds and shall have the general design and basic 
characteristics of being at least equivalent to a one-piece, all-
environment-tolerant nylon cable tie.
    (E) Each lockout device or tagout device shall include provisions 
for the identification of the employee applying the device.
    (F) Tagout devices shall warn against hazardous conditions if the 
machine or equipment is energized and shall include a legend such as the 
following: Do Not Start, Do Not Open, Do Not Close, Do Not Energize, Do 
Not Operate.

    Note to paragraph (d)(3)(ii)(F): For specific provisions covering 
accident prevention tags, see Sec.  1910.145.

    (4) Energy isolation. Lockout and tagout device application and 
removal may only be performed by the authorized employees who are 
performing the servicing or maintenance.
    (5) Notification. Affected employees shall be notified by the 
employer or authorized employee of the application and removal of 
lockout or tagout devices. Notification shall be given before the 
controls are applied and after they are removed from the machine or 
equipment.

    Note to paragraph (d)(5): See also paragraph (d)(7) of this section, 
which requires that the second notification take place before the 
machine or equipment is reenergized.

    (6) Lockout/tagout application. The established procedures for the 
application of energy control (the lockout or tagout procedures) shall 
include the following elements and actions, and these procedures shall 
be performed in the following sequence:
    (i) Before an authorized or affected employee turns off a machine or 
equipment, the authorized employee shall have knowledge of the type and 
magnitude of the energy, the hazards of the energy to be controlled, and 
the method or means to control the energy.
    (ii) The machine or equipment shall be turned off or shut down using 
the procedures established for the machine or equipment. An orderly 
shutdown shall be used to avoid any additional or increased hazards to 
employees as a result of the equipment stoppage.
    (iii) All energy isolating devices that are needed to control the 
energy to the machine or equipment shall be physically located and 
operated in such a manner as to isolate the machine or equipment from 
energy sources.
    (iv) Lockout or tagout devices shall be affixed to each energy 
isolating device by authorized employees.
    (A) Lockout devices shall be attached in a manner that will hold the 
energy isolating devices in a ``safe'' or ``off'' position.
    (B) Tagout devices shall be affixed in such a manner as will clearly 
indicate that the operation or movement of energy isolating devices from 
the ``safe'' or ``off'' position is prohibited.
    (1) Where tagout devices are used with energy isolating devices 
designed

[[Page 772]]

with the capability of being locked out, the tag attachment shall be 
fastened at the same point at which the lock would have been attached.
    (2) Where a tag cannot be affixed directly to the energy isolating 
device, the tag shall be located as close as safely possible to the 
device, in a position that will be immediately obvious to anyone 
attempting to operate the device.
    (v) Following the application of lockout or tagout devices to energy 
isolating devices, all potentially hazardous stored or residual energy 
shall be relieved, disconnected, restrained, or otherwise rendered safe.
    (vi) If there is a possibility of reaccumulation of stored energy to 
a hazardous level, verification of isolation shall be continued until 
the servicing or maintenance is completed or until the possibility of 
such accumulation no longer exists.
    (vii) Before starting work on machines or equipment that have been 
locked out or tagged out, the authorized employee shall verify that 
isolation and deenergizing of the machine or equipment have been 
accomplished. If normally energized parts will be exposed to contact by 
an employee while the machine or equipment is deenergized, a test shall 
be performed to ensure that these parts are deenergized.
    (7) Release from lockout/tagout. Before lockout or tagout devices 
are removed and energy is restored to the machine or equipment, 
procedures shall be followed and actions taken by the authorized 
employees to ensure the following:
    (i) The work area shall be inspected to ensure that nonessential 
items have been removed and that machine or equipment components are 
operationally intact.
    (ii) The work area shall be checked to ensure that all employees 
have been safely positioned or removed.
    (iii) After lockout or tagout devices have been removed and before a 
machine or equipment is started, affected employees shall be notified 
that the lockout or tagout devices have been removed.
    (iv) Each lockout or tagout device shall be removed from each energy 
isolating device by the authorized employee who applied the lockout or 
tagout device. However, if that employee is not available to remove it, 
the device may be removed under the direction of the employer, provided 
that specific procedures and training for such removal have been 
developed, documented, and incorporated into the employer's energy 
control program. The employer shall demonstrate that the specific 
procedure provides a degree of safety equivalent to that provided by the 
removal of the device by the authorized employee who applied it. The 
specific procedure shall include at least the following elements:
    (A) Verification by the employer that the authorized employee who 
applied the device is not at the facility;
    (B) Making all reasonable efforts to contact the authorized employee 
to inform him or her that his or her lockout or tagout device has been 
removed; and
    (C) Ensuring that the authorized employee has this knowledge before 
he or she resumes work at that facility.
    (8) Additional requirements. (i) If the lockout or tagout devices 
must be temporarily removed from energy isolating devices and the 
machine or equipment must be energized to test or position the machine, 
equipment, or component thereof, the following sequence of actions shall 
be followed:
    (A) Clear the machine or equipment of tools and materials in 
accordance with paragraph (d)(7)(i) of this section;
    (B) Remove employees from the machine or equipment area in 
accordance with paragraphs (d)(7)(ii) and (d)(7)(iii) of this section;
    (C) Remove the lockout or tagout devices as specified in paragraph 
(d)(7)(iv) of this section;
    (D) Energize and proceed with the testing or positioning; and
    (E) Deenergize all systems and reapply energy control measures in 
accordance with paragraph (d)(6) of this section to continue the 
servicing or maintenance.
    (ii) When servicing or maintenance is performed by a crew, craft, 
department, or other group, they shall use a procedure which affords the 
employees a level of protection equivalent to that provided by the 
implementation of a personal lockout or tagout device. Group lockout or 
tagout devices shall

[[Page 773]]

be used in accordance with the procedures required by paragraphs 
(d)(2)(iii) and (d)(2)(iv) of this section including, but not limited 
to, the following specific requirements:
    (A) Primary responsibility shall be vested in an authorized employee 
for a set number of employees working under the protection of a group 
lockout or tagout device (such as an operations lock);
    (B) Provision shall be made for the authorized employee to ascertain 
the exposure status of all individual group members with regard to the 
lockout or tagout of the machine or equipment;
    (C) When more than one crew, craft, department, or other group is 
involved, assignment of overall job-associated lockout or tagout control 
responsibility shall be given to an authorized employee designated to 
coordinate affected work forces and ensure continuity of protection; and
    (D) Each authorized employee shall affix a personal lockout or 
tagout device to the group lockout device, group lockbox, or comparable 
mechanism when he or she begins work and shall remove those devices when 
he or she stops working on the machine or equipment being serviced or 
maintained.
    (iii) Procedures shall be used during shift or personnel changes to 
ensure the continuity of lockout or tagout protection, including 
provision for the orderly transfer of lockout or tagout device 
protection between off-going and on-coming employees, to minimize their 
exposure to hazards from the unexpected energizing or start-up of the 
machine or equipment or from the release of stored energy.
    (iv) Whenever outside servicing personnel are to be engaged in 
activities covered by paragraph (d) of this section, the on-site 
employer and the outside employer shall inform each other of their 
respective lockout or tagout procedures, and each employer shall ensure 
that his or her personnel understand and comply with restrictions and 
prohibitions of the energy control procedures being used.
    (v) If energy isolating devices are installed in a central location 
and are under the exclusive control of a system operator, the following 
requirements apply:
    (A) The employer shall use a procedure that affords employees a 
level of protection equivalent to that provided by the implementation of 
a personal lockout or tagout device.
    (B) The system operator shall place and remove lockout and tagout 
devices in place of the authorized employee under paragraphs (d)(4), 
(d)(6)(iv), and (d)(7)(iv) of this section.
    (C) Provisions shall be made to identify the authorized employee who 
is responsible for (that is, being protected by) the lockout or tagout 
device, to transfer responsibility for lockout and tagout devices, and 
to ensure that an authorized employee requesting removal or transfer of 
a lockout or tagout device is the one responsible for it before the 
device is removed or transferred.

    Note to paragraph (d): Lockout and tagging procedures that comply 
with paragraphs (c) through (f) of Sec.  1910.147 will also be deemed to 
comply with paragraph (d) of this section if the procedures address the 
hazards covered by paragraph (d) of this section.

    (e) Enclosed spaces. This paragraph covers enclosed spaces that may 
be entered by employees. It does not apply to vented vaults if the 
employer makes a determination that the ventilation system is operating 
to protect employees before they enter the space. This paragraph applies 
to routine entry into enclosed spaces in lieu of the permit-space entry 
requirements contained in paragraphs (d) through (k) of Sec.  1910.146. 
If, after the employer takes the precautions given in paragraphs (e) and 
(t) of this section, the hazards remaining in the enclosed space 
endanger the life of an entrant or could interfere with an entrant's 
escape from the space, then entry into the enclosed space shall meet the 
permit-space entry requirements of paragraphs (d) through (k) of Sec.  
1910.146.
    (1) Safe work practices. The employer shall ensure the use of safe 
work practices for entry into, and work in, enclosed spaces and for 
rescue of employees from such spaces.
    (2) Training. Each employee who enters an enclosed space or who 
serves as an attendant shall be trained in the hazards of enclosed-space 
entry, in enclosed-space entry procedures, and in enclosed-space rescue 
procedures.

[[Page 774]]

    (3) Rescue equipment. Employers shall provide equipment to ensure 
the prompt and safe rescue of employees from the enclosed space.
    (4) Evaluating potential hazards. Before any entrance cover to an 
enclosed space is removed, the employer shall determine whether it is 
safe to do so by checking for the presence of any atmospheric pressure 
or temperature differences and by evaluating whether there might be a 
hazardous atmosphere in the space. Any conditions making it unsafe to 
remove the cover shall be eliminated before the cover is removed.

    Note to paragraph (e)(4): The determination called for in this 
paragraph may consist of a check of the conditions that might 
foreseeably be in the enclosed space. For example, the cover could be 
checked to see if it is hot and, if it is fastened in place, could be 
loosened gradually to release any residual pressure. An evaluation also 
needs to be made of whether conditions at the site could cause a 
hazardous atmosphere, such as an oxygen-deficient or flammable 
atmosphere, to develop within the space.

    (5) Removing covers. When covers are removed from enclosed spaces, 
the opening shall be promptly guarded by a railing, temporary cover, or 
other barrier designed to prevent an accidental fall through the opening 
and to protect employees working in the space from objects entering the 
space.
    (6) Hazardous atmosphere. Employees may not enter any enclosed space 
while it contains a hazardous atmosphere, unless the entry conforms to 
the permit-required confined spaces standard in Sec.  1910.146.
    (7) Attendants. While work is being performed in the enclosed space, 
an attendant with first-aid training shall be immediately available 
outside the enclosed space to provide assistance if a hazard exists 
because of traffic patterns in the area of the opening used for entry. 
The attendant is not precluded from performing other duties outside the 
enclosed space if these duties do not distract the attendant from: 
monitoring employees within the space or ensuring that it is safe for 
employees to enter and exit the space.

    Note to paragraph (e)(7): See paragraph (t) of this section for 
additional requirements on attendants for work in manholes and vaults.

    (8) Calibration of test instruments. Test instruments used to 
monitor atmospheres in enclosed spaces shall be kept in calibration and 
shall have a minimum accuracy of 10 percent.
    (9) Testing for oxygen deficiency. Before an employee enters an 
enclosed space, the atmosphere in the enclosed space shall be tested for 
oxygen deficiency with a direct-reading meter or similar instrument, 
capable of collection and immediate analysis of data samples without the 
need for off-site evaluation. If continuous forced-air ventilation is 
provided, testing is not required provided that the procedures used 
ensure that employees are not exposed to the hazards posed by oxygen 
deficiency.
    (10) Testing for flammable gases and vapors. Before an employee 
enters an enclosed space, the internal atmosphere shall be tested for 
flammable gases and vapors with a direct-reading meter or similar 
instrument capable of collection and immediate analysis of data samples 
without the need for off-site evaluation. This test shall be performed 
after the oxygen testing and ventilation required by paragraph (e)(9) of 
this section demonstrate that there is sufficient oxygen to ensure the 
accuracy of the test for flammability.
    (11) Ventilation, and monitoring for flammable gases or vapors. If 
flammable gases or vapors are detected or if an oxygen deficiency is 
found, forced-air ventilation shall be used to maintain oxygen at a safe 
level and to prevent a hazardous concentration of flammable gases and 
vapors from accumulating. A continuous monitoring program to ensure that 
no increase in flammable gas or vapor concentration above safe levels 
occurs may be followed in lieu of ventilation if flammable gases or 
vapors are initially detected at safe levels.

    Note to paragraph (e)(11): See the definition of ``hazardous 
atmosphere'' for guidance in determining whether a specific 
concentration of a substance is hazardous.

    (12) Specific ventilation requirements. If continuous forced-air 
ventilation is used, it shall begin before entry is made and shall be 
maintained long enough for the employer to be able to demonstrate that a 
safe atmosphere exists before employees are allowed to

[[Page 775]]

enter the work area. The forced-air ventilation shall be so directed as 
to ventilate the immediate area where employees are present within the 
enclosed space and shall continue until all employees leave the enclosed 
space.
    (13) Air supply. The air supply for the continuous forced-air 
ventilation shall be from a clean source and may not increase the 
hazards in the enclosed space.
    (14) Open flames. If open flames are used in enclosed spaces, a test 
for flammable gases and vapors shall be made immediately before the open 
flame device is used and at least once per hour while the device is used 
in the space. Testing shall be conducted more frequently if conditions 
present in the enclosed space indicate that once per hour is 
insufficient to detect hazardous accumulations of flammable gases or 
vapors.

    Note to paragraph (e)(14): See the definition of ``hazardous 
atmosphere'' for guidance in determining whether a specific 
concentration of a substance is hazardous.
    Note to paragraph (e): Entries into enclosed spaces conducted in 
accordance with the permit-space entry requirements of paragraphs (d) 
through (k) of Sec.  1910.146 are considered as complying with paragraph 
(e) of this section.

    (f) Excavations. Excavation operations shall comply with subpart P 
of part 1926 of this chapter.
    (g) Personal protective equipment--(1) General. Personal protective 
equipment shall meet the requirements of subpart I of this part.

    Note to paragraph (g)(1) of this section: Paragraph (h) of Sec.  
1910.132 sets employer payment obligations for the personal protective 
equipment required by this section, including, but not limited to, the 
fall protection equipment required by paragraph (g)(2) of this section, 
the electrical protective equipment required by paragraph (l)(3) of this 
section, and the flame-resistant and arc-rated clothing and other 
protective equipment required by paragraph (l)(8) of this section.

    (2) Fall protection. (i) Personal fall arrest systems shall meet the 
requirements of subpart I of this part.
    (ii) Personal fall arrest equipment used by employees who are 
exposed to hazards from flames or electric arcs, as determined by the 
employer under paragraph (l)(8)(i) of this section, shall be capable of 
passing a drop test equivalent to that required by paragraph 
(g)(2)(iii)(L) of this section after exposure to an electric arc with a 
heat energy of 405 cal/cm\2\.
    (iii) Body belts and positioning straps for work-positioning 
equipment shall meet the following requirements:
    (A) Hardware for body belts and positioning straps shall meet the 
following requirements:
    (1) Hardware shall be made of drop-forged steel, pressed steel, 
formed steel, or equivalent material.
    (2) Hardware shall have a corrosion-resistant finish.
    (3) Hardware surfaces shall be smooth and free of sharp edges.
    (B) Buckles shall be capable of withstanding an 8.9-kilonewton 
(2,000-pound-force) tension test with a maximum permanent deformation no 
greater than 0.4 millimeters (0.0156 inches).
    (C) D rings shall be capable of withstanding a 22-kilonewton (5,000-
pound-force) tensile test without cracking or breaking.
    (D) Snaphooks shall be capable of withstanding a 22-kilonewton 
(5,000-pound-force) tension test without failure.

    Note to paragraph (g)(2)(iii)(D): Distortion of the snaphook 
sufficient to release the keeper is considered to be tensile failure of 
a snaphook.

    (E) Top grain leather or leather substitute may be used in the 
manufacture of body belts and positioning straps; however, leather and 
leather substitutes may not be used alone as a load-bearing component of 
the assembly.
    (F) Plied fabric used in positioning straps and in load-bearing 
parts of body belts shall be constructed in such a way that no raw edges 
are exposed and the plies do not separate.
    (G) Positioning straps shall be capable of withstanding the 
following tests:
    (1) A dielectric test of 819.7 volts, AC, per centimeter (25,000 
volts per foot) for 3 minutes without visible deterioration;
    (2) A leakage test of 98.4 volts, AC, per centimeter (3,000 volts 
per foot) with a leakage current of no more than 1 mA;


[[Page 776]]


    Note to paragraphs (g)(2)(iii)(G)(1) and (g)(2)(iii)(G)(2): 
Positioning straps that pass direct-current tests at equivalent voltages 
are considered as meeting this requirement.

    (3) Tension tests of 20 kilonewtons (4,500 pounds-force) for 
sections free of buckle holes and of 15 kilonewtons (3,500 pounds-force) 
for sections with buckle holes;
    (4) A buckle-tear test with a load of 4.4 kilonewtons (1,000 pounds-
force); and
    (5) A flammability test in accordance with Table R-2.

                      Table R-2--Flammability Test
------------------------------------------------------------------------
              Test method                 Criteria for passing the test
------------------------------------------------------------------------
Vertically suspend a 500-mm (19.7-inch)  Any flames on the positioning
 length of strapping supporting a 100-    strap shall self extinguish.
 kg (220.5-lb) weight.                   The positioning strap shall
Use a butane or propane burner with a     continue to support the 100-kg
 76-mm (3-inch) flame..                   (220.5-lb) mass.
Direct the flame to an edge of the
 strapping at a distance of 25 mm (1
 inch).
Remove the flame after 5 seconds.......
Wait for any flames on the positioning
 strap to stop burning.
------------------------------------------------------------------------

    (H) The cushion part of the body belt shall contain no exposed 
rivets on the inside and shall be at least 76 millimeters (3 inches) in 
width.
    (I) Tool loops shall be situated on the body of a body belt so that 
the 100 millimeters (4 inches) of the body belt that is in the center of 
the back, measuring from D ring to D ring, is free of tool loops and any 
other attachments.
    (J) Copper, steel, or equivalent liners shall be used around the 
bars of D rings to prevent wear between these members and the leather or 
fabric enclosing them.
    (K) Snaphooks shall be of the locking type meeting the following 
requirements:
    (1) The locking mechanism shall first be released, or a destructive 
force shall be placed on the keeper, before the keeper will open.
    (2) A force in the range of 6.7 N (1.5 lbf) to 17.8 N (4 lbf) shall 
be required to release the locking mechanism.
    (3) With the locking mechanism released and with a force applied on 
the keeper against the face of the nose, the keeper may not begin to 
open with a force of 11.2 N (2.5 lbf) or less and shall begin to open 
with a maximum force of 17.8 N (4 lbf).
    (L) Body belts and positioning straps shall be capable of 
withstanding a drop test as follows:
    (1) The test mass shall be rigidly constructed of steel or 
equivalent material with a mass of 100 kg (220.5 lbm). For work-
positioning equipment used by employees weighing more than 140 kg (310 
lbm) fully equipped, the test mass shall be increased proportionately 
(that is, the test mass must equal the mass of the equipped worker 
divided by 1.4).
    (2) For body belts, the body belt shall be fitted snugly around the 
test mass and shall be attached to the test-structure anchorage point by 
means of a wire rope.
    (3) For positioning straps, the strap shall be adjusted to its 
shortest length possible to accommodate the test and connected to the 
test-structure anchorage point at one end and to the test mass on the 
other end.
    (4) The test mass shall be dropped an unobstructed distance of 1 
meter (39.4 inches) from a supporting structure that will sustain 
minimal deflection during the test.
    (5) Body belts shall successfully arrest the fall of the test mass 
and shall be capable of supporting the mass after the test.
    (6) Positioning straps shall successfully arrest the fall of the 
test mass without breaking, and the arrest force may not exceed 17.8 
kilonewtons (4,000 pounds-force). Additionally, snaphooks on positioning 
straps may not distort to such an extent that the keeper would release.

    Note to paragraph (g)(2)(iii) of this section: When used by 
employees weighing no more than 140 kg (310 lbm) fully equipped, body 
belts and positioning straps that conform to American Society of Testing 
and Materials Standard Specifications for Personal Climbing Equipment, 
ASTM F887-12\e1\, are

[[Page 777]]

deemed to be in compliance with paragraph (g)(2)(iii) of this section.

    (iv) The following requirements apply to the care and use of 
personal fall protection equipment.
    (A) Work-positioning equipment shall be inspected before use each 
day to determine that the equipment is in safe working condition. Work-
positioning equipment that is not in safe working condition may not be 
used.

    Note to paragraph (g)(2)(iv)(A): Appendix F to this section contains 
guidelines for inspecting work-positioning equipment.

    (B) Personal fall arrest systems shall be used in accordance with 
subpart I of this part.

    Note to paragraph (g)(2)(iv)(B): Fall protection equipment rigged to 
arrest falls is considered a fall arrest system and must meet the 
applicable requirements for the design and use of those systems. Fall 
protection equipment rigged for work positioning is considered work-
positioning equipment and must meet the applicable requirements for the 
design and use of that equipment.

    (C) The employer shall ensure that employees use fall protection 
systems as follows:
    (1) Each employee working from an aerial lift shall use a travel 
restraint system or a personal fall arrest system.
    (2) Except as provided in paragraph (g)(2)(iv)(C)(3) of this 
section, each employee in elevated locations more than 1.2 meters (4 
feet) above the ground on poles, towers, or similar structures shall use 
a personal fall arrest system, work-positioning equipment, or fall 
restraint system, as appropriate, if the employer has not provided other 
fall protection meeting Subpart D of this part.
    (3) Until March 31, 2015, a qualified employee climbing or changing 
location on poles, towers, or similar structures need not use fall 
protection equipment, unless conditions, such as, but not limited to, 
ice, high winds, the design of the structure (for example, no provision 
for holding on with hands), or the presence of contaminants on the 
structure, could cause the employee to lose his or her grip or footing. 
On and after April 1, 2015, each qualified employee climbing or changing 
location on poles, towers, or similar structures must use fall 
protection equipment unless the employer can demonstrate that climbing 
or changing location with fall protection is infeasible or creates a 
greater hazard than climbing or changing location without it.

    Note 1 to paragraphs (g)(2)(iv)(C)(2) and (g)(2)(iv)(C)(3): These 
paragraphs apply to structures that support overhead electric power 
transmission and distribution lines and equipment. They do not apply to 
portions of buildings, such as loading docks, or to electric equipment, 
such as transformers and capacitors. Subpart D of this part contains the 
duty to provide fall protection associated with walking and working 
surfaces.
    Note 2 to paragraphs (g)(2)(iv)(C)(2) and (g)(2)(iv)(C)(3): Until 
the employer ensures that employees are proficient in climbing and the 
use of fall protection under paragraph (a)(2)(viii) of this section, the 
employees are not considered ``qualified employees'' for the purposes of 
paragraphs (g)(2)(iv)(C)(2) and (g)(2)(iv)(C)(3) of this section. These 
paragraphs require unqualified employees (including trainees) to use 
fall protection any time they are more than 1.2 meters (4 feet) above 
the ground.

    (D) On and after April 1, 2015, work-positioning systems shall be 
rigged so that an employee can free fall no more than 0.6 meters (2 
feet).
    (E) Anchorages for work-positioning equipment shall be capable of 
supporting at least twice the potential impact load of an employee's 
fall, or 13.3 kilonewtons (3,000 pounds-force), whichever is greater.

    Note to paragraph (g)(2)(iv)(E): Wood-pole fall-restriction devices 
meeting American Society of Testing and Materials Standard 
Specifications for Personal Climbing Equipment, ASTM F887-12\e1\, are 
deemed to meet the anchorage-strength requirement when they are used in 
accordance with manufacturers' instructions.

    (F) Unless the snaphook is a locking type and designed specifically 
for the following connections, snaphooks on work-positioning equipment 
may not be engaged:
    (1) Directly to webbing, rope, or wire rope;
    (2) To each other;
    (3) To a D ring to which another snaphook or other connector is 
attached;
    (4) To a horizontal lifeline; or
    (5) To any object that is incompatibly shaped or dimensioned in 
relation to the snaphook such that accidental disengagement could occur

[[Page 778]]

should the connected object sufficiently depress the snaphook keeper to 
allow release of the object.
    (h) Portable ladders and platforms--(1) General. Requirements for 
portable ladders contained in subpart D of this part apply in addition 
to the requirements of paragraph (h) of this section, except as 
specifically noted in paragraph (h)(2) of this section.
    (2) Special ladders and platforms. Portable ladders used on 
structures or conductors in conjunction with overhead line work need not 
meet Sec.  1910.23(c)(4) and (9). Portable ladders and platforms used on 
structures or conductors in conjunction with overhead line work shall 
meet the following requirements:
    (i) In the configurations in which they are used, portable ladders 
and platforms shall be capable of supporting without failure at least 
2.5 times the maximum intended load.
    (ii) Portable ladders and platforms may not be loaded in excess of 
the working loads for which they are designed.
    (iii) Portable ladders and platforms shall be secured to prevent 
them from becoming dislodged.
    (iv) Portable ladders and platforms may be used only in applications 
for which they are designed.
    (3) Conductive ladders. Portable metal ladders and other portable 
conductive ladders may not be used near exposed energized lines or 
equipment. However, in specialized high-voltage work, conductive ladders 
shall be used when the employer demonstrates that nonconductive ladders 
would present a greater hazard to employees than conductive ladders.
    (i) Hand and portable power equipment--(1) General. Paragraph (i)(2) 
of this section applies to electric equipment connected by cord and 
plug. Paragraph (i)(3) of this section applies to portable and vehicle-
mounted generators used to supply cord- and plug-connected equipment. 
Paragraph (i)(4) of this section applies to hydraulic and pneumatic 
tools.
    (2) Cord- and plug-connected equipment. Cord- and plug-connected 
equipment not covered by subpart S of this part shall comply with one of 
the following instead of Sec.  1910.243(a)(5):
    (i) The equipment shall be equipped with a cord containing an 
equipment grounding conductor connected to the equipment frame and to a 
means for grounding the other end of the conductor (however, this option 
may not be used where the introduction of the ground into the work 
environment increases the hazard to an employee); or
    (ii) The equipment shall be of the double-insulated type conforming 
to subpart S of this part; or
    (iii) The equipment shall be connected to the power supply through 
an isolating transformer with an ungrounded secondary of not more than 
50 volts.
    (3) Portable and vehicle-mounted generators. Portable and vehicle-
mounted generators used to supply cord- and plug-connected equipment 
covered by paragraph (i)(2) of this section shall meet the following 
requirements:
    (i) The generator may only supply equipment located on the generator 
or the vehicle and cord- and plug-connected equipment through 
receptacles mounted on the generator or the vehicle.
    (ii) The non-current-carrying metal parts of equipment and the 
equipment grounding conductor terminals of the receptacles shall be 
bonded to the generator frame.
    (iii) For vehicle-mounted generators, the frame of the generator 
shall be bonded to the vehicle frame.
    (iv) Any neutral conductor shall be bonded to the generator frame.
    (4) Hydraulic and pneumatic tools. (i) Safe operating pressures for 
hydraulic and pneumatic tools, hoses, valves, pipes, filters, and 
fittings may not be exceeded.

    Note to paragraph (i)(4)(i): If any hazardous defects are present, 
no operating pressure is safe, and the hydraulic or pneumatic equipment 
involved may not be used. In the absence of defects, the maximum rated 
operating pressure is the maximum safe pressure.

    (ii) A hydraulic or pneumatic tool used where it may contact exposed 
energized parts shall be designed and maintained for such use.
    (iii) The hydraulic system supplying a hydraulic tool used where it 
may contact exposed live parts shall provide protection against loss of 
insulating

[[Page 779]]

value, for the voltage involved, due to the formation of a partial 
vacuum in the hydraulic line.

    Note to paragraph (i)(4)(iii): Use of hydraulic lines that do not 
have check valves and that have a separation of more than 10.7 meters 
(35 feet) between the oil reservoir and the upper end of the hydraulic 
system promotes the formation of a partial vacuum.

    (iv) A pneumatic tool used on energized electric lines or equipment, 
or used where it may contact exposed live parts, shall provide 
protection against the accumulation of moisture in the air supply.
    (v) Pressure shall be released before connections are broken, unless 
quick-acting, self-closing connectors are used.
    (vi) Employers must ensure that employees do not use any part of 
their bodies to locate, or attempt to stop, a hydraulic leak.
    (vii) Hoses may not be kinked.
    (j) Live-line tools--(1) Design of tools. Live-line tool rods, 
tubes, and poles shall be designed and constructed to withstand the 
following minimum tests:
    (i) If the tool is made of fiberglass-reinforced plastic (FRP), it 
shall withstand 328,100 volts per meter (100,000 volts per foot) of 
length for 5 minutes, or

    Note to paragraph (j)(1)(i): Live-line tools using rod and tube that 
meet ASTM F711-02 (2007), Standard Specification for Fiberglass-
Reinforced Plastic (FRP) Rod and Tube Used in Live Line Tools, are 
deemed to comply with paragraph (j)(1) of this section.

    (ii) If the tool is made of wood, it shall withstand 246,100 volts 
per meter (75,000 volts per foot) of length for 3 minutes, or
    (iii) The tool shall withstand other tests that the employer can 
demonstrate are equivalent.
    (2) Condition of tools. (i) Each live-line tool shall be wiped clean 
and visually inspected for defects before use each day.
    (ii) If any defect or contamination that could adversely affect the 
insulating qualities or mechanical integrity of the live-line tool is 
present after wiping, the tool shall be removed from service and 
examined and tested according to paragraph (j)(2)(iii) of this section 
before being returned to service.
    (iii) Live-line tools used for primary employee protection shall be 
removed from service every 2 years, and whenever required under 
paragraph (j)(2)(ii) of this section, for examination, cleaning, repair, 
and testing as follows:
    (A) Each tool shall be thoroughly examined for defects.
    (B) If a defect or contamination that could adversely affect the 
insulating qualities or mechanical integrity of the live-line tool is 
found, the tool shall be repaired and refinished or shall be permanently 
removed from service. If no such defect or contamination is found, the 
tool shall be cleaned and waxed.
    (C) The tool shall be tested in accordance with paragraphs 
(j)(2)(iii)(D) and (j)(2)(iii)(E) of this section under the following 
conditions:
    (1) After the tool has been repaired or refinished; and
    (2) After the examination if repair or refinishing is not performed, 
unless the tool is made of FRP rod or foam-filled FRP tube and the 
employer can demonstrate that the tool has no defects that could cause 
it to fail during use.
    (D) The test method used shall be designed to verify the tool's 
integrity along its entire working length and, if the tool is made of 
fiberglass-reinforced plastic, its integrity under wet conditions.
    (E) The voltage applied during the tests shall be as follows:
    (1) 246,100 volts per meter (75,000 volts per foot) of length for 1 
minute if the tool is made of fiberglass, or
    (2) 164,000 volts per meter (50,000 volts per foot) of length for 1 
minute if the tool is made of wood, or
    (3) Other tests that the employer can demonstrate are equivalent.

    Note to paragraph (j)(2): Guidelines for the examination, cleaning, 
repairing, and in-service testing of live-line tools are specified in 
the Institute of Electrical and Electronics Engineers' IEEE Guide for 
Maintenance Methods on Energized Power Lines, IEEE Std 516-2009.


[[Page 780]]


    (k) Materials handling and storage--(1) General. Materials handling 
and storage shall comply with applicable material-handling and material-
storage requirements in this part, including those in subpart N of this 
part.
    (2) Materials storage near energized lines or equipment. (i) In 
areas to which access is not restricted to qualified persons only, 
materials or equipment may not be stored closer to energized lines or 
exposed energized parts of equipment than the following distances, plus 
a distance that provides for the maximum sag and side swing of all 
conductors and for the height and movement of material-handling 
equipment:
    (A) For lines and equipment energized at 50 kilovolts or less, the 
distance is 3.05 meters (10 feet).
    (B) For lines and equipment energized at more than 50 kilovolts, the 
distance is 3.05 meters (10 feet) plus 0.10 meter (4 inches) for every 
10 kilovolts over 50 kilovolts.
    (ii) In areas restricted to qualified employees, materials may not 
be stored within the working space about energized lines or equipment.

    Note to paragraph (k)(2)(ii): Paragraphs (u)(1) and (v)(3) of this 
section specify the size of the working space.

    (l) Working on or near exposed energized parts. This paragraph 
applies to work on exposed live parts, or near enough to them to expose 
the employee to any hazard they present.
    (1) General. (i) Only qualified employees may work on or with 
exposed energized lines or parts of equipment.
    (ii) Only qualified employees may work in areas containing 
unguarded, uninsulated energized lines or parts of equipment operating 
at 50 volts or more.
    (iii) Electric lines and equipment shall be considered and treated 
as energized unless they have been deenergized in accordance with 
paragraph (d) or (m) of this section.
    (2) At least two employees. (i) Except as provided in paragraph 
(l)(2)(ii) of this section, at least two employees shall be present 
while any employees perform the following types of work:
    (A) Installation, removal, or repair of lines energized at more than 
600 volts,
    (B) Installation, removal, or repair of deenergized lines if an 
employee is exposed to contact with other parts energized at more than 
600 volts,
    (C) Installation, removal, or repair of equipment, such as 
transformers, capacitors, and regulators, if an employee is exposed to 
contact with parts energized at more than 600 volts,
    (D) Work involving the use of mechanical equipment, other than 
insulated aerial lifts, near parts energized at more than 600 volts, and
    (E) Other work that exposes an employee to electrical hazards 
greater than, or equal to, the electrical hazards posed by operations 
listed specifically in paragraphs (l)(2)(i)(A) through (l)(2)(i)(D) of 
this section.
    (ii) Paragraph (l)(2)(i) of this section does not apply to the 
following operations:
    (A) Routine circuit switching, when the employer can demonstrate 
that conditions at the site allow safe performance of this work,
    (B) Work performed with live-line tools when the position of the 
employee is such that he or she is neither within reach of, nor 
otherwise exposed to contact with, energized parts, and
    (C) Emergency repairs to the extent necessary to safeguard the 
general public.
    (3) Minimum approach distances. (i) The employer shall establish 
minimum approach distances no less than the distances computed by Table 
R-3 for ac systems or Table R-8 for dc systems.
    (ii) No later than April 1, 2015, for voltages over 72.5 kilovolts, 
the employer shall determine the maximum anticipated per-unit transient 
overvoltage, phase-to-ground, through an engineering analysis or assume 
a maximum anticipated per-unit transient overvoltage, phase-to-ground, 
in accordance with Table R-9. When the employer uses portable protective 
gaps to control the maximum transient overvoltage, the value of the 
maximum anticipated per-unit transient overvoltage, phase-to-ground, 
must provide for five standard deviations between the statistical 
sparkover voltage of the gap and the statistical withstand voltage 
corresponding to the electrical component of the minimum approach 
distance. The employer shall make any

[[Page 781]]

engineering analysis conducted to determine maximum anticipated per-unit 
transient overvoltage available upon request to employees and to the 
Assistant Secretary or designee for examination and copying.

    Note to paragraph (l)(3)(ii): See appendix B to this section for 
information on how to calculate the maximum anticipated per-unit 
transient overvoltage, phase-to-ground, when the employer uses portable 
protective gaps to reduce maximum transient overvoltages.

    (iii) The employer shall ensure that no employee approaches or takes 
any conductive object closer to exposed energized parts than the 
employer's established minimum approach distance, unless:
    (A) The employee is insulated from the energized part (rubber 
insulating gloves or rubber insulating gloves and sleeves worn in 
accordance with paragraph (l)(4) of this section constitutes insulation 
of the employee from the energized part upon which the employee is 
working provided that the employee has control of the part in a manner 
sufficient to prevent exposure to uninsulated portions of the employee's 
body), or
    (B) The energized part is insulated from the employee and from any 
other conductive object at a different potential, or
    (C) The employee is insulated from any other exposed conductive 
object in accordance with the requirements for live-line barehand work 
in paragraph (q)(3) of this section.
    (4) Type of insulation. (i) When an employee uses rubber insulating 
gloves as insulation from energized parts (under paragraph 
(l)(3)(iii)(A) of this section), the employer shall ensure that the 
employee also uses rubber insulating sleeves. However, an employee need 
not use rubber insulating sleeves if:
    (A) Exposed energized parts on which the employee is not working are 
insulated from the employee; and
    (B) When installing insulation for purposes of paragraph 
(l)(4)(i)(A) of this section, the employee installs the insulation from 
a position that does not expose his or her upper arm to contact with 
other energized parts.
    (ii) When an employee uses rubber insulating gloves or rubber 
insulating gloves and sleeves as insulation from energized parts (under 
paragraph (l)(3)(iii)(A) of this section), the employer shall ensure 
that the employee:
    (A) Puts on the rubber insulating gloves and sleeves in a position 
where he or she cannot reach into the minimum approach distance, 
established by the employer under paragraph (l)(3)(i) of this section; 
and
    (B) Does not remove the rubber insulating gloves and sleeves until 
he or she is in a position where he or she cannot reach into the minimum 
approach distance, established by the employer under paragraph (l)(3)(i) 
of this section.
    (5) Working position. (i) The employer shall ensure that each 
employee, to the extent that other safety-related conditions at the 
worksite permit, works in a position from which a slip or shock will not 
bring the employee's body into contact with exposed, uninsulated parts 
energized at a potential different from the employee's.
    (ii) When an employee performs work near exposed parts energized at 
more than 600 volts, but not more than 72.5 kilovolts, and is not 
wearing rubber insulating gloves, being protected by insulating 
equipment covering the energized parts, performing work using live-line 
tools, or performing live-line barehand work under paragraph (q)(3) of 
this section, the employee shall work from a position where he or she 
cannot reach into the minimum approach distance, established by the 
employer under paragraph (l)(3)(i) of this section.
    (6) Making connections. The employer shall ensure that employees 
make connections as follows:
    (i) In connecting deenergized equipment or lines to an energized 
circuit by means of a conducting wire or device, an employee shall first 
attach the wire to the deenergized part;
    (ii) When disconnecting equipment or lines from an energized circuit 
by means of a conducting wire or device, an employee shall remove the 
source end first; and
    (iii) When lines or equipment are connected to or disconnected from 
energized circuits, an employee shall keep loose conductors away from 
exposed energized parts.

[[Page 782]]

    (7) Conductive articles. When an employee performs work within 
reaching distance of exposed energized parts of equipment, the employer 
shall ensure that the employee removes or renders nonconductive all 
exposed conductive articles, such as keychains or watch chains, rings, 
or wrist watches or bands, unless such articles do not increase the 
hazards associated with contact with the energized parts.
    (8) Protection from flames and electric arcs. (i) The employer shall 
assess the workplace to identify employees exposed to hazards from 
flames or from electric arcs.
    (ii) For each employee exposed to hazards from electric arcs, the 
employer shall make a reasonable estimate of the incident heat energy to 
which the employee would be exposed.

    Note 1 to paragraph (l)(8)(ii): Appendix E to this section provides 
guidance on estimating available heat energy. The Occupational Safety 
and Health Administration will deem employers following the guidance in 
appendix E to this section to be in compliance with paragraph (l)(8)(ii) 
of this section. An employer may choose a method of calculating incident 
heat energy not included in appendix E to this section if the chosen 
method reasonably predicts the incident energy to which the employee 
would be exposed.
    Note 2 to paragraph (l)(8)(ii): This paragraph does not require the 
employer to estimate the incident heat energy exposure for every job 
task performed by each employee. The employer may make broad estimates 
that cover multiple system areas provided the employer uses reasonable 
assumptions about the energy-exposure distribution throughout the system 
and provided the estimates represent the maximum employee exposure for 
those areas. For example, the employer could estimate the heat energy 
just outside a substation feeding a radial distribution system and use 
that estimate for all jobs performed on that radial system.

    (iii) The employer shall ensure that each employee who is exposed to 
hazards from flames or electric arcs does not wear clothing that could 
melt onto his or her skin or that could ignite and continue to burn when 
exposed to flames or the heat energy estimated under paragraph 
(l)(8)(ii) of this section.

    Note to paragraph (l)(8)(iii) of this section: This paragraph 
prohibits clothing made from acetate, nylon, polyester, rayon and 
polypropylene, either alone or in blends, unless the employer 
demonstrates that the fabric has been treated to withstand the 
conditions that may be encountered by the employee or that the employee 
wears the clothing in such a manner as to eliminate the hazard involved.

    (iv) The employer shall ensure that the outer layer of clothing worn 
by an employee, except for clothing not required to be arc rated under 
paragraphs (l)(8)(v)(A) through (l)(8)(v)(E) of this section, is flame 
resistant under any of the following conditions:
    (A) The employee is exposed to contact with energized circuit parts 
operating at more than 600 volts,
    (B) An electric arc could ignite flammable material in the work area 
that, in turn, could ignite the employee's clothing,
    (C) Molten metal or electric arcs from faulted conductors in the 
work area could ignite the employee's clothing, or

    Note to paragraph (l)(8)(iv)(C): This paragraph does not apply to 
conductors that are capable of carrying, without failure, the maximum 
available fault current for the time the circuit protective devices take 
to interrupt the fault.

    (D) The incident heat energy estimated under paragraph (l)(8)(ii) of 
this section exceeds 2.0 cal/cm\2\.
    (v) The employer shall ensure that each employee exposed to hazards 
from electric arcs wears protective clothing and other protective 
equipment with an arc rating greater than or equal to the heat energy 
estimated under paragraph (l)(8)(ii) of this section whenever that 
estimate exceeds 2.0 cal/cm\2\. This protective equipment shall cover 
the employee's entire body, except as follows:
    (A) Arc-rated protection is not necessary for the employee's hands 
when the employee is wearing rubber insulating gloves with protectors 
or, if the estimated incident energy is no more than 14 cal/cm\2\, 
heavy-duty leather work gloves with a weight of at least 407 gm/m\2\ (12 
oz/yd\2\),
    (B) Arc-rated protection is not necessary for the employee's feet 
when the employee is wearing heavy-duty work shoes or boots,
    (C) Arc-rated protection is not necessary for the employee's head 
when

[[Page 783]]

the employee is wearing head protection meeting Sec.  1910.135 if the 
estimated incident energy is less than 9 cal/cm\2\ for exposures 
involving single-phase arcs in open air or 5 cal/cm\2\ for other 
exposures,
    (D) The protection for the employee's head may consist of head 
protection meeting Sec.  1910.135 and a faceshield with a minimum arc 
rating of 8 cal/cm\2\ if the estimated incident-energy exposure is less 
than 13 cal/cm\2\ for exposures involving single-phase arcs in open air 
or 9 cal/cm\2\ for other exposures, and
    (E) For exposures involving single-phase arcs in open air, the arc 
rating for the employee's head and face protection may be 4 cal/cm\2\ 
less than the estimated incident energy.

    Note to paragraph (l)(8): See appendix E to this section for further 
information on the selection of appropriate protection.

    (vi) Dates. (A) The obligation in paragraph (l)(8)(ii) of this 
section for the employer to make reasonable estimates of incident energy 
commences January 1, 2015.
    (B) The obligation in paragraph (l)(8)(iv)(D) of this section for 
the employer to ensure that the outer layer of clothing worn by an 
employee is flame-resistant when the estimated incident heat energy 
exceeds 2.0 cal/cm\2\ commences April 1, 2015.
    (C) The obligation in paragraph (l)(8)(v) of this section for the 
employer to ensure that each employee exposed to hazards from electric 
arcs wears the required arc-rated protective equipment commences April 
1, 2015.
    (9) Fuse handling. When an employee must install or remove fuses 
with one or both terminals energized at more than 300 volts, or with 
exposed parts energized at more than 50 volts, the employer shall ensure 
that the employee uses tools or gloves rated for the voltage. When an 
employee installs or removes expulsion-type fuses with one or both 
terminals energized at more than 300 volts, the employer shall ensure 
that the employee wears eye protection meeting the requirements of 
subpart I of this part, uses a tool rated for the voltage, and is clear 
of the exhaust path of the fuse barrel.
    (10) Covered (noninsulated) conductors. The requirements of this 
section that pertain to the hazards of exposed live parts also apply 
when an employee performs work in proximity to covered (noninsulated) 
wires.
    (11) Non-current-carrying metal parts. Non-current-carrying metal 
parts of equipment or devices, such as transformer cases and circuit-
breaker housings, shall be treated as energized at the highest voltage 
to which these parts are exposed, unless the employer inspects the 
installation and determines that these parts are grounded before 
employees begin performing the work.
    (12) Opening and closing circuits under load. (i) The employer shall 
ensure that devices used by employees to open circuits under load 
conditions are designed to interrupt the current involved.
    (ii) The employer shall ensure that devices used by employees to 
close circuits under load conditions are designed to safely carry the 
current involved.

                             Table R-3--AC Live-Line Work Minimum Approach Distance
           [The minimum approach distance (MAD; in meters) shall conform to the following equations.]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
For phase-to-phase system voltages of 50 V to 300 V: \1\
MAD = avoid contact
----------------------------------------------------------------------------------------------------------------
For phase-to-phase system voltages of 301 V to 5 kV: \1\
MAD = M + D, where
    D = 0.02 m..................  the electrical component of the minimum approach distance.
    M = 0.31 m for voltages up    the inadvertent movement factor.
     to 750 V and 0.61 m
     otherwise.
----------------------------------------------------------------------------------------------------------------
For phase-to-phase system voltages of 5.1 kV to 72.5 kV: \1\ \4\
MAD = M + AD, where
    M = 0.61 m..................  the inadvertent movement factor.

[[Page 784]]

 
    A = the applicable value      the altitude correction factor.
     from Table R-5.
    D = the value from Table R-4  the electrical component of the minimum approach distance.
     corresponding to the
     voltage and exposure or the
     value of the electrical
     component of the minimum
     approach distance
     calculated using the method
     provided in appendix B to
     this section.
----------------------------------------------------------------------------------------------------------------
For phase-to-phase system voltages of more than 72.5 kV, nominal: \2\ \4\
MAD = 0.3048(C + a)VL	GTA + M
    C = 0.01 for phase-to-ground exposures that the employer can demonstrate consist only of air across the
     approach distance (gap),.
        0.01 for phase-to-phase exposures if the employer can demonstrate that no insulated tool spans the gap
         and that no large conductive object is in the gap, or.
        0.011 otherwise.........................................................................................
    VL-G = phase-to-ground rms voltage, in kV...................................................................
    T = maximum anticipated per-unit transient overvoltage; for phase-to-ground exposures, T equals TL-G, the
     maximum per-unit transient overvoltage, phase-to-ground, determined by the employer under paragraph
     (l)(3)(ii) of this section; for phase-to-phase exposures, T equals 1.35TL-G + 0.45.
    A = altitude correction factor from Table R-5...............................................................
    M = 0.31 m, the inadvertent movement factor.................................................................
    a = saturation factor, as follows:..........................................................................
----------------------------------------------------------------------------------------------------------------


 
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Phase-to-Ground Exposures
--------------------------------------------------------------------------------------------------------------------------------------------------------
VPeak = TL-GVL-G[radic]2......................................   635 kV or less   635.1 to 915 kV    915.1 to 1,050
                                                                                                                 kV           More than 1,050 kV
a.............................................................                0      (VPeak-635)/      (VPeak-645)/
                                                                                          140,000           135,000           (VPeak-675)/125,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Phase-to-Phase Exposures \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
VPeak = (1.35TL-G + 0.45)VL-G[radic]2.........................   630 kV or less   630.1 to 848 kV    848.1 to 1,131   1,131.1 to 1,485  More than 1,485
                                                                                                                 kV                kV                kV
a.............................................................                0      (VPeak-630)/    (VPeak-633.6)/      (VPeak-628)/    (VPeak-350.5)/
                                                                                          155,000           152,207           153,846           203,666
\1\ Employers may use the minimum approach distances in Table R-6. If the worksite is at an elevation of more than 900 meters (3,000 feet), see footnote
  1 to Table R-6.
\2\ Employers may use the minimum approach distances in Table R-7, except that the employer may not use the minimum approach distances in Table R-7 for
  phase-to-phase exposures if an insulated tool spans the gap or if any large conductive object is in the gap. If the worksite is at an elevation of
  more than 900 meters (3,000 feet), see footnote 1 to Table R-7. Employers may use the minimum approach distances in Table 14 through Table 21 in
  appendix B to this section, which calculated MAD for various values of T, provided the employer follows the notes to those tables.
\3\ Use the equations for phase-to-ground exposures (with VPeak for phase-to-phase exposures) unless the employer can demonstrate that no insulated tool
  spans the gap and that no large conductive object is in the gap.
\4\ Until March 31, 2015, employers may use the minimum approach distances in Table 6 through Table 13 in Appendix B to this section.


               Table R-4--Electrical Component of the Minimum Approach Distance at 5.1 to 72.5 kV
                                                 [D; In meters]
----------------------------------------------------------------------------------------------------------------
                                                         Phase-to-ground exposure      Phase-to-phase exposure
         Nominal voltage (kV) phase-to-phase          ----------------------------------------------------------
                                                                   D (m)                        D (m)
----------------------------------------------------------------------------------------------------------------
5.1 to 15.0..........................................                         0.04                          0.07
15.1 to 36.0.........................................                         0.16                          0.28
36.1 to 46.0.........................................                         0.23                          0.37
46.1 to 72.5.........................................                         0.39                          0.59
----------------------------------------------------------------------------------------------------------------


[[Page 785]]


                  Table R-5--Altitude Correction Factor
------------------------------------------------------------------------
        Altitude above sea level (m)                      A
------------------------------------------------------------------------
0 to 900...................................                         1.00
901 to 1,200...............................                         1.02
1,201 to 1,500.............................                         1.05
1,501 to 1,800.............................                         1.08
1,801 to 2,100.............................                         1.11
2,101 to 2,400.............................                         1.14
2,401 to 2,700.............................                         1.17
2,701 to 3,000.............................                         1.20
3,001 to 3,600.............................                         1.25
3,601 to 4,200.............................                         1.30
4,201 to 4,800.............................                         1.35
4,801 to 5,400.............................                         1.39
5,401 to 6,000.............................                         1.44
------------------------------------------------------------------------


             Table R-6--Alternative Minimum Approach Distances for Voltages of 72.5 kV and Less \1\
----------------------------------------------------------------------------------------------------------------
                                                                             Distance
                                                ----------------------------------------------------------------
      Nominal voltage (kV) phase-to-phase            Phase-to-ground exposure         Phase-to-phase exposure
                                                ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
0.050 to 0.300 \2\.............................           Avoid Contact
                                                          Avoid Contact
                                                ----------------------------------------------------------------
0.301 to 0.750 \2\.............................            0.33            1.09             0.33            1.09
0.751 to 5.0...................................            0.63            2.07             0.63            2.07
5.1 to 15.0....................................            0.65            2.14             0.68            2.24
15.1 to 36.0...................................            0.77            2.53             0.89            2.92
36.1 to 46.0...................................            0.84            2.76             0.98            3.22
46.1 to 72.5...................................            1.00            3.29             1.20            3.94
----------------------------------------------------------------------------------------------------------------
\1\ Employers may use the minimum approach distances in this table provided the worksite is at an elevation of
  900 meters (3,000 feet) or less. If employees will be working at elevations greater than 900 meters (3,000
  feet) above mean sea level, the employer shall determine minimum approach distances by multiplying the
  distances in this table by the correction factor in Table R-5 corresponding to the altitude of the work.
\2\ For single-phase systems, use voltage-to-ground.


         Table R-7--Alternative Minimum Approach Distances for Voltages of More Than 72.5 kV\1\ \2\ \3\
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
       Voltage range phase to phase (kV)        ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
72.6 to 121.0..................................            1.13            3.71             1.42            4.66
121.1 to 145.0.................................            1.30            4.27             1.64            5.38
145.1 to 169.0.................................            1.46            4.79             1.94            6.36
169.1 to 242.0.................................            2.01            6.59             3.08           10.10
242.1 to 362.0.................................            3.41           11.19             5.52           18.11
362.1 to 420.0.................................            4.25           13.94             6.81           22.34
420.1 to 550.0.................................            5.07           16.63             8.24           27.03
550.1 to 800.0.................................            6.88           22.57            11.38           37.34
----------------------------------------------------------------------------------------------------------------
\1\ Employers may use the minimum approach distances in this table provided the worksite is at an elevation of
  900 meters (3,000 feet) or less. If employees will be working at elevations greater than 900 meters (3,000
  feet) above mean sea level, the employer shall determine minimum approach distances by multiplying the
  distances in this table by the correction factor in Table R-5 corresponding to the altitude of the work.
\2\ Employers may use the phase-to-phase minimum approach distances in this table provided that no insulated
  tool spans the gap and no large conductive object is in the gap.
\3\ The clear live-line tool distance shall equal or exceed the values for the indicated voltage ranges.


                  Table R-8--DC Live-Line Minimum Approach Distance with Overvoltage Factor \1\
                                                   [In meters]
----------------------------------------------------------------------------------------------------------------
                                                 Distance (m) maximum line-to-ground voltage (kV)
  Maximum anticipated per-unit   -------------------------------------------------------------------------------
      transient overvoltage             250             400             500             600             750
----------------------------------------------------------------------------------------------------------------
1.5 or less.....................            1.12            1.60            2.06            2.62            3.61
1.6.............................            1.17            1.69            2.24            2.86            3.98
1.7.............................            1.23            1.82            2.42            3.12            4.37

[[Page 786]]

 
1.8.............................            1.28            1.95            2.62            3.39            4.79
----------------------------------------------------------------------------------------------------------------
\1\ The distances specified in this table are for air, bare-hand, and live-line tool conditions. If employees
  will be working at elevations greater than 900 meters (3,000 feet) above mean sea level, the employer shall
  determine minimum approach distances by multiplying the distances in this table by the correction factor in
  Table R-5 corresponding to the altitude of the work.


        Table R-9--Assumed Maximum Per-Unit Transient Overvoltage
------------------------------------------------------------------------
                                                        Assumed maximum
                                     Type of current        per-unit
        Voltage range (kV)              (ac or dc)         transient
                                                          overvoltage
------------------------------------------------------------------------
72.6 to 420.0.....................                 ac                3.5
420.1 to 550.0....................                 ac                3.0
550.1 to 800.0....................                 ac                2.5
250 to 750........................                 dc                1.8
------------------------------------------------------------------------

    (m) Deenergizing lines and equipment for employee protection--(1) 
Application. Paragraph (m) of this section applies to the deenergizing 
of transmission and distribution lines and equipment for the purpose of 
protecting employees. See paragraph (d) of this section for requirements 
on the control of hazardous energy sources used in the generation of 
electric energy. Conductors and parts of electric equipment that have 
been deenergized under procedures other than those required by paragraph 
(d) or (m) of this section, as applicable, shall be treated as 
energized.
    (2) General. (i) If a system operator is in charge of the lines or 
equipment and their means of disconnection, the employer shall designate 
one employee in the crew to be in charge of the clearance and shall 
comply with all of the requirements of paragraph (m)(3) of this section 
in the order specified.
    (ii) If no system operator is in charge of the lines or equipment 
and their means of disconnection, the employer shall designate one 
employee in the crew to be in charge of the clearance and to perform the 
functions that the system operator would otherwise perform under 
paragraph (m) of this section. All of the requirements of paragraph 
(m)(3) of this section apply, in the order specified, except as provided 
in paragraph (m)(2)(iii) of this section.
    (iii) If only one crew will be working on the lines or equipment and 
if the means of disconnection is accessible and visible to, and under 
the sole control of, the employee in charge of the clearance, paragraphs 
(m)(3)(i), (m)(3)(iii), and (m)(3)(v) of this section do not apply. 
Additionally, the employer does not need to use the tags required by the 
remaining provisions of paragraph (m)(3) of this section.
    (iv) If two or more crews will be working on the same lines or 
equipment, then:
    (A) The crews shall coordinate their activities under paragraph (m) 
of this section with a single employee in charge of the clearance for 
all of the crews and follow the requirements of paragraph (m) of this 
section as if all of the employees formed a single crew, or
    (B) Each crew shall independently comply with paragraph (m) of this 
section and, if there is no system operator in charge of the lines or 
equipment, shall have separate tags and coordinate deenergizing and 
reenergizing the lines and equipment with the other crews.
    (v) The employer shall render any disconnecting means that are 
accessible to individuals outside the employer's control (for example, 
the general public) inoperable while the disconnecting means are open 
for the purpose of protecting employees.
    (3) Deenergizing lines and equipment. (i) The employee that the 
employer designates pursuant to paragraph (m)(2) of this section as 
being in charge

[[Page 787]]

of the clearance shall make a request of the system operator to 
deenergize the particular section of line or equipment. The designated 
employee becomes the employee in charge (as this term is used in 
paragraph (m)(3) of this section) and is responsible for the clearance.
    (ii) The employer shall ensure that all switches, disconnectors, 
jumpers, taps, and other means through which known sources of electric 
energy may be supplied to the particular lines and equipment to be 
deenergized are open. The employer shall render such means inoperable, 
unless its design does not so permit, and then ensure that such means 
are tagged to indicate that employees are at work.
    (iii) The employer shall ensure that automatically and remotely 
controlled switches that could cause the opened disconnecting means to 
close are also tagged at the points of control. The employer shall 
render the automatic or remote control feature inoperable, unless its 
design does not so permit.
    (iv) The employer need not use the tags mentioned in paragraphs 
(m)(3)(ii) and (m)(3)(iii) of this section on a network protector for 
work on the primary feeder for the network protector's associated 
network transformer when the employer can demonstrate all of the 
following conditions:
    (A) Every network protector is maintained so that it will 
immediately trip open if closed when a primary conductor is deenergized;
    (B) Employees cannot manually place any network protector in a 
closed position without the use of tools, and any manual override 
position is blocked, locked, or otherwise disabled; and
    (C) The employer has procedures for manually overriding any network 
protector that incorporate provisions for determining, before anyone 
places a network protector in a closed position, that: The line 
connected to the network protector is not deenergized for the protection 
of any employee working on the line; and (if the line connected to the 
network protector is not deenergized for the protection of any employee 
working on the line) the primary conductors for the network protector 
are energized.
    (v) Tags shall prohibit operation of the disconnecting means and 
shall indicate that employees are at work.
    (vi) After the applicable requirements in paragraphs (m)(3)(i) 
through (m)(3)(v) of this section have been followed and the system 
operator gives a clearance to the employee in charge, the employer shall 
ensure that the lines and equipment are deenergized by testing the lines 
and equipment to be worked with a device designed to detect voltage.
    (vii) The employer shall ensure the installation of protective 
grounds as required by paragraph (n) of this section.
    (viii) After the applicable requirements of paragraphs (m)(3)(i) 
through (m)(3)(vii) of this section have been followed, the lines and 
equipment involved may be considered deenergized.
    (ix) To transfer the clearance, the employee in charge (or the 
employee's supervisor if the employee in charge must leave the worksite 
due to illness or other emergency) shall inform the system operator and 
employees in the crew; and the new employee in charge shall be 
responsible for the clearance.
    (x) To release a clearance, the employee in charge shall:
    (A) Notify each employee under that clearance of the pending release 
of the clearance;
    (B) Ensure that all employees under that clearance are clear of the 
lines and equipment;
    (C) Ensure that all protective grounds protecting employees under 
that clearance have been removed; and
    (D) Report this information to the system operator and then release 
the clearance.
    (xi) Only the employee in charge who requested the clearance may 
release the clearance, unless the employer transfers responsibility 
under paragraph (m)(3)(ix) of this section.
    (xii) No one may remove tags without the release of the associated 
clearance as specified under paragraphs (m)(3)(x) and (m)(3)(xi) of this 
section.
    (xiii) The employer shall ensure that no one initiates action to 
reenergize the lines or equipment at a point of disconnection until all 
protective grounds have been removed, all crews

[[Page 788]]

working on the lines or equipment release their clearances, all 
employees are clear of the lines and equipment, and all protective tags 
are removed from that point of disconnection.
    (n) Grounding for the protection of employees--(1) Application. 
Paragraph (n) of this section applies to grounding of generation, 
transmission, and distribution lines and equipment for the purpose of 
protecting employees. Paragraph (n)(4) of this section also applies to 
protective grounding of other equipment as required elsewhere in this 
section.

    Note to paragraph (n)(1): This paragraph covers grounding of 
generation, transmission, and distribution lines and equipment when this 
section requires protective grounding and whenever the employer chooses 
to ground such lines and equipment for the protection of employees.

    (2) General. For any employee to work transmission and distribution 
lines or equipment as deenergized, the employer shall ensure that the 
lines or equipment are deenergized under the provisions of paragraph (m) 
of this section and shall ensure proper grounding of the lines or 
equipment as specified in paragraphs (n)(3) through (n)(8) of this 
section. However, if the employer can demonstrate that installation of a 
ground is impracticable or that the conditions resulting from the 
installation of a ground would present greater hazards to employees than 
working without grounds, the lines and equipment may be treated as 
deenergized provided that the employer establishes that all of the 
following conditions apply:
    (i) The employer ensures that the lines and equipment are 
deenergized under the provisions of paragraph (m) of this section.
    (ii) There is no possibility of contact with another energized 
source.
    (iii) The hazard of induced voltage is not present.
    (3) Equipotential zone. Temporary protective grounds shall be placed 
at such locations and arranged in such a manner that the employer can 
demonstrate will prevent each employee from being exposed to hazardous 
differences in electric potential.

    Note to paragraph (n)(3): Appendix C to this section contains 
guidelines for establishing the equipotential zone required by this 
paragraph. The Occupational Safety and Health Administration will deem 
grounding practices meeting these guidelines as complying with paragraph 
(n)(3) of this section.

    (4) Protective grounding equipment. (i) Protective grounding 
equipment shall be capable of conducting the maximum fault current that 
could flow at the point of grounding for the time necessary to clear the 
fault.
    (ii) Protective grounding equipment shall have an ampacity greater 
than or equal to that of No. 2 AWG copper.
    (iii) Protective grounds shall have an impedance low enough so that 
they do not delay the operation of protective devices in case of 
accidental energizing of the lines or equipment.

    Note to paragraph (n)(4): American Society for Testing and Materials 
Standard Specifications for Temporary Protective Grounds to Be Used on 
De-Energized Electric Power Lines and Equipment, ASTM F855-09, contains 
guidelines for protective grounding equipment. The Institute of 
Electrical Engineers Guide for Protective Grounding of Power Lines, IEEE 
Std 1048-2003, contains guidelines for selecting and installing 
protective grounding equipment.

    (5) Testing. The employer shall ensure that, unless a previously 
installed ground is present, employees test lines and equipment and 
verify the absence of nominal voltage before employees install any 
ground on those lines or that equipment.
    (6) Connecting and removing grounds. (i) The employer shall ensure 
that, when an employee attaches a ground to a line or to equipment, the 
employee attaches the ground-end connection first and then attaches the 
other end by means of a live-line tool. For lines or equipment operating 
at 600 volts or less, the employer may permit the employee to use 
insulating equipment other than a live-line tool if the employer ensures 
that the line or equipment is not energized at the time the ground is 
connected or if the employer can demonstrate that each employee is 
protected from hazards that may develop if the line or equipment is 
energized.
    (ii) The employer shall ensure that, when an employee removes a 
ground, the employee removes the grounding device from the line or 
equipment using a live-line tool before he or she

[[Page 789]]

removes the ground-end connection. For lines or equipment operating at 
600 volts or less, the employer may permit the employee to use 
insulating equipment other than a live-line tool if the employer ensures 
that the line or equipment is not energized at the time the ground is 
disconnected or if the employer can demonstrate that each employee is 
protected from hazards that may develop if the line or equipment is 
energized.
    (7) Additional precautions. The employer shall ensure that, when an 
employee performs work on a cable at a location remote from the cable 
terminal, the cable is not grounded at the cable terminal if there is a 
possibility of hazardous transfer of potential should a fault occur.
    (8) Removal of grounds for test. The employer may permit employees 
to remove grounds temporarily during tests. During the test procedure, 
the employer shall ensure that each employee uses insulating equipment, 
shall isolate each employee from any hazards involved, and shall 
implement any additional measures necessary to protect each exposed 
employee in case the previously grounded lines and equipment become 
energized.
    (o) Testing and test facilities--(1) Application. Paragraph (o) of 
this section provides for safe work practices for high-voltage and high-
power testing performed in laboratories, shops, and substations, and in 
the field and on electric transmission and distribution lines and 
equipment. It applies only to testing involving interim measurements 
using high voltage, high power, or combinations of high voltage and high 
power, and not to testing involving continuous measurements as in 
routine metering, relaying, and normal line work.

    Note to paragraph (o)(1): OSHA considers routine inspection and 
maintenance measurements made by qualified employees to be routine line 
work not included in the scope of paragraph (o) of this section, 
provided that the hazards related to the use of intrinsic high-voltage 
or high-power sources require only the normal precautions associated 
with routine work specified in the other paragraphs of this section. Two 
typical examples of such excluded test work procedures are ``phasing-
out'' testing and testing for a ``no-voltage'' condition.

    (2) General requirements. (i) The employer shall establish and 
enforce work practices for the protection of each worker from the 
hazards of high-voltage or high-power testing at all test areas, 
temporary and permanent. Such work practices shall include, as a 
minimum, test area safeguarding, grounding, the safe use of measuring 
and control circuits, and a means providing for periodic safety checks 
of field test areas.
    (ii) The employer shall ensure that each employee, upon initial 
assignment to the test area, receives training in safe work practices, 
with retraining provided as required by paragraph (a)(2) of this 
section.
    (3) Safeguarding of test areas. (i) The employer shall provide 
safeguarding within test areas to control access to test equipment or to 
apparatus under test that could become energized as part of the testing 
by either direct or inductive coupling and to prevent accidental 
employee contact with energized parts.
    (ii) The employer shall guard permanent test areas with walls, 
fences, or other barriers designed to keep employees out of the test 
areas.
    (iii) In field testing, or at a temporary test site not guarded by 
permanent fences and gates, the employer shall ensure the use of one of 
the following means to prevent employees without authorization from 
entering:
    (A) Distinctively colored safety tape supported approximately waist 
high with safety signs attached to it,
    (B) A barrier or barricade that limits access to the test area to a 
degree equivalent, physically and visually, to the barricade specified 
in paragraph (o)(3)(iii)(A) of this section, or
    (C) One or more test observers stationed so that they can monitor 
the entire area.
    (iv) The employer shall ensure the removal of the safeguards 
required by paragraph (o)(3)(iii) of this section when employees no 
longer need the protection afforded by the safeguards.
    (4) Grounding practices. (i) The employer shall establish and 
implement safe grounding practices for the test facility.
    (A) The employer shall maintain at ground potential all conductive 
parts

[[Page 790]]

accessible to the test operator while the equipment is operating at high 
voltage.
    (B) Wherever ungrounded terminals of test equipment or apparatus 
under test may be present, they shall be treated as energized until 
tests demonstrate that they are deenergized.
    (ii) The employer shall ensure either that visible grounds are 
applied automatically, or that employees using properly insulated tools 
manually apply visible grounds, to the high-voltage circuits after they 
are deenergized and before any employee performs work on the circuit or 
on the item or apparatus under test. Common ground connections shall be 
solidly connected to the test equipment and the apparatus under test.
    (iii) In high-power testing, the employer shall provide an isolated 
ground-return conductor system designed to prevent the intentional 
passage of current, with its attendant voltage rise, from occurring in 
the ground grid or in the earth. However, the employer need not provide 
an isolated ground-return conductor if the employer can demonstrate that 
both of the following conditions exist:
    (A) The employer cannot provide an isolated ground-return conductor 
due to the distance of the test site from the electric energy source, 
and
    (B) The employer protects employees from any hazardous step and 
touch potentials that may develop during the test.

    Note to paragraph (o)(4)(iii)(B): See appendix C to this section for 
information on measures that employers can take to protect employees 
from hazardous step and touch potentials.

    (iv) For tests in which using the equipment grounding conductor in 
the equipment power cord to ground the test equipment would result in 
greater hazards to test personnel or prevent the taking of satisfactory 
measurements, the employer may use a ground clearly indicated in the 
test set-up if the employer can demonstrate that this ground affords 
protection for employees equivalent to the protection afforded by an 
equipment grounding conductor in the power supply cord.
    (v) The employer shall ensure that, when any employee enters the 
test area after equipment is deenergized, a ground is placed on the 
high-voltage terminal and any other exposed terminals.
    (A) Before any employee applies a direct ground, the employer shall 
discharge high capacitance equipment through a resistor rated for the 
available energy.
    (B) A direct ground shall be applied to the exposed terminals after 
the stored energy drops to a level at which it is safe to do so.
    (vi) If the employer uses a test trailer or test vehicle in field 
testing, its chassis shall be grounded. The employer shall protect each 
employee against hazardous touch potentials with respect to the vehicle, 
instrument panels, and other conductive parts accessible to employees 
with bonding, insulation, or isolation.
    (5) Control and measuring circuits. (i) The employer may not run 
control wiring, meter connections, test leads, or cables from a test 
area unless contained in a grounded metallic sheath and terminated in a 
grounded metallic enclosure or unless the employer takes other 
precautions that it can demonstrate will provide employees with 
equivalent safety.
    (ii) The employer shall isolate meters and other instruments with 
accessible terminals or parts from test personnel to protect against 
hazards that could arise should such terminals and parts become 
energized during testing. If the employer provides this isolation by 
locating test equipment in metal compartments with viewing windows, the 
employer shall provide interlocks to interrupt the power supply when 
someone opens the compartment cover.
    (iii) The employer shall protect temporary wiring and its 
connections against damage, accidental interruptions, and other hazards. 
To the maximum extent possible, the employer shall keep signal, control, 
ground, and power cables separate from each other.
    (iv) If any employee will be present in the test area during 
testing, a test observer shall be present. The test observer shall be 
capable of implementing the immediate deenergizing of test circuits for 
safety purposes.
    (6) Safety check. (i) Safety practices governing employee work at 
temporary

[[Page 791]]

or field test areas shall provide, at the beginning of each series of 
tests, for a routine safety check of such test areas.
    (ii) The test operator in charge shall conduct these routine safety 
checks before each series of tests and shall verify at least the 
following conditions:
    (A) Barriers and safeguards are in workable condition and placed 
properly to isolate hazardous areas;
    (B) System test status signals, if used, are in operable condition;
    (C) Clearly marked test-power disconnects are readily available in 
an emergency;
    (D) Ground connections are clearly identifiable;
    (E) Personal protective equipment is provided and used as required 
by Subpart I of this part and by this section; and
    (F) Proper separation between signal, ground, and power cables.
    (p) Mechanical equipment--(1) General requirements. (i) The critical 
safety components of mechanical elevating and rotating equipment shall 
receive a thorough visual inspection before use on each shift.

    Note to paragraph (p)(1)(i): Critical safety components of 
mechanical elevating and rotating equipment are components for which 
failure would result in free fall or free rotation of the boom.

    (ii) No motor vehicle or earthmoving or compacting equipment having 
an obstructed view to the rear may be operated on off-highway jobsites 
where any employee is exposed to the hazards created by the moving 
vehicle, unless:
    (A) The vehicle has a reverse signal alarm audible above the 
surrounding noise level, or
    (B) The vehicle is backed up only when a designated employee signals 
that it is safe to do so.
    (iii) Rubber-tired self-propelled scrapers, rubber-tired front-end 
loaders, rubber-tired dozers, wheel-type agricultural and industrial 
tractors, crawler-type tractors, crawler-type loaders, and motor 
graders, with or without attachments, shall have rollover protective 
structures that meet the requirements of Subpart W of Part 1926 of this 
chapter.
    (iv) The operator of an electric line truck may not leave his or her 
position at the controls while a load is suspended, unless the employer 
can demonstrate that no employee (including the operator) is endangered.
    (2) Outriggers. (i) Mobile equipment, if provided with outriggers, 
shall be operated with the outriggers extended and firmly set, except as 
provided in paragraph (p)(2)(iii) of this section.
    (ii) Outriggers may not be extended or retracted outside of the 
clear view of the operator unless all employees are outside the range of 
possible equipment motion.
    (iii) If the work area or the terrain precludes the use of 
outriggers, the equipment may be operated only within its maximum load 
ratings specified by the equipment manufacturer for the particular 
configuration of the equipment without outriggers.
    (3) Applied loads. Mechanical equipment used to lift or move lines 
or other material shall be used within its maximum load rating and other 
design limitations for the conditions under which the mechanical 
equipment is being used.
    (4) Operations near energized lines or equipment. (i) Mechanical 
equipment shall be operated so that the minimum approach distances, 
established by the employer under paragraph (l)(3)(i) of this section, 
are maintained from exposed energized lines and equipment. However, the 
insulated portion of an aerial lift operated by a qualified employee in 
the lift is exempt from this requirement if the applicable minimum 
approach distance is maintained between the uninsulated portions of the 
aerial lift and exposed objects having a different electrical potential.
    (ii) A designated employee other than the equipment operator shall 
observe the approach distance to exposed lines and equipment and provide 
timely warnings before the minimum approach distance required by 
paragraph (p)(4)(i) of this section is reached, unless the employer can 
demonstrate that the operator can accurately determine that the minimum 
approach distance is being maintained.
    (iii) If, during operation of the mechanical equipment, that 
equipment could become energized, the operation also shall comply with 
at least one of paragraphs (p)(4)(iii)(A) through (p)(4)(iii)(C) of this 
section.

[[Page 792]]

    (A) The energized lines or equipment exposed to contact shall be 
covered with insulating protective material that will withstand the type 
of contact that could be made during the operation.
    (B) The mechanical equipment shall be insulated for the voltage 
involved. The mechanical equipment shall be positioned so that its 
uninsulated portions cannot approach the energized lines or equipment 
any closer than the minimum approach distances, established by the 
employer under paragraph (l)(3)(i) of this section.
    (C) Each employee shall be protected from hazards that could arise 
from mechanical equipment contact with energized lines or equipment. The 
measures used shall ensure that employees will not be exposed to 
hazardous differences in electric potential. Unless the employer can 
demonstrate that the methods in use protect each employee from the 
hazards that could arise if the mechanical equipment contacts the 
energized line or equipment, the measures used shall include all of the 
following techniques:
    (1) Using the best available ground to minimize the time the lines 
or electric equipment remain energized,
    (2) Bonding mechanical equipment together to minimize potential 
differences,
    (3) Providing ground mats to extend areas of equipotential, and
    (4) Employing insulating protective equipment or barricades to guard 
against any remaining hazardous electrical potential differences.

    Note to paragraph (p)(4)(iii)(C): Appendix C to this section 
contains information on hazardous step and touch potentials and on 
methods of protecting employees from hazards resulting from such 
potentials.

    (q) Overhead lines and live-line barehand work. This paragraph 
provides additional requirements for work performed on or near overhead 
lines and equipment and for live-line barehand work.
    (1) General. (i) Before allowing employees to subject elevated 
structures, such as poles or towers, to such stresses as climbing or the 
installation or removal of equipment may impose, the employer shall 
ascertain that the structures are capable of sustaining the additional 
or unbalanced stresses. If the pole or other structure cannot withstand 
the expected loads, the employer shall brace or otherwise support the 
pole or structure so as to prevent failure.

    Note to paragraph (q)(1)(i): Appendix D to this section contains 
test methods that employers can use in ascertaining whether a wood pole 
is capable of sustaining the forces imposed by an employee climbing the 
pole. This paragraph also requires the employer to ascertain that the 
pole can sustain all other forces imposed by the work employees will 
perform.

    (ii) When a pole is set, moved, or removed near an exposed energized 
overhead conductor, the pole may not contact the conductor.
    (iii) When a pole is set, moved, or removed near an exposed 
energized overhead conductor, the employer shall ensure that each 
employee wears electrical protective equipment or uses insulated devices 
when handling the pole and that no employee contacts the pole with 
uninsulated parts of his or her body.
    (iv) To protect employees from falling into holes used for placing 
poles, the employer shall physically guard the holes, or ensure that 
employees attend the holes, whenever anyone is working nearby.
    (2) Installing and removing overhead lines. The following provisions 
apply to the installation and removal of overhead conductors or cable 
(overhead lines).
    (i) When lines that employees are installing or removing can contact 
energized parts, the employer shall use the tension-stringing method, 
barriers, or other equivalent measures to minimize the possibility that 
conductors and cables the employees are installing or removing will 
contact energized power lines or equipment.
    (ii) For conductors, cables, and pulling and tensioning equipment, 
the employer shall provide the protective measures required by paragraph 
(p)(4)(iii) of this section when employees are installing or removing a 
conductor or cable close enough to energized conductors that any of the 
following failures could energize the pulling or tensioning equipment or 
the

[[Page 793]]

conductor or cable being installed or removed:
    (A) Failure of the pulling or tensioning equipment,
    (B) Failure of the conductor or cable being pulled, or
    (C) Failure of the previously installed lines or equipment.
    (iii) If the conductors that employees are installing or removing 
cross over energized conductors in excess of 600 volts and if the design 
of the circuit-interrupting devices protecting the lines so permits, the 
employer shall render inoperable the automatic-reclosing feature of 
these devices.
    (iv) Before employees install lines parallel to existing energized 
lines, the employer shall make a determination of the approximate 
voltage to be induced in the new lines, or work shall proceed on the 
assumption that the induced voltage is hazardous. Unless the employer 
can demonstrate that the lines that employees are installing are not 
subject to the induction of a hazardous voltage or unless the lines are 
treated as energized, temporary protective grounds shall be placed at 
such locations and arranged in such a manner that the employer can 
demonstrate will prevent exposure of each employee to hazardous 
differences in electric potential.

    Note 1 to paragraph (q)(2)(iv): If the employer takes no precautions 
to protect employees from hazards associated with involuntary reactions 
from electric shock, a hazard exists if the induced voltage is 
sufficient to pass a current of 1 milliampere through a 500-ohm 
resistor. If the employer protects employees from injury due to 
involuntary reactions from electric shock, a hazard exists if the 
resultant current would be more than 6 milliamperes.
    Note 2 to paragraph (q)(2)(iv): Appendix C to this section contains 
guidelines for protecting employees from hazardous differences in 
electric potential as required by this paragraph.

    (v) Reel-handling equipment, including pulling and tensioning 
devices, shall be in safe operating condition and shall be leveled and 
aligned.
    (vi) The employer shall ensure that employees do not exceed load 
ratings of stringing lines, pulling lines, conductor grips, load-bearing 
hardware and accessories, rigging, and hoists.
    (vii) The employer shall repair or replace defective pulling lines 
and accessories.
    (viii) The employer shall ensure that employees do not use conductor 
grips on wire rope unless the manufacturer specifically designed the 
grip for this application.
    (ix) The employer shall ensure that employees maintain reliable 
communications, through two-way radios or other equivalent means, 
between the reel tender and the pulling-rig operator.
    (x) Employees may operate the pulling rig only when it is safe to do 
so.

    Note to paragraph (q)(2)(x): Examples of unsafe conditions include: 
employees in locations prohibited by paragraph (q)(2)(xi) of this 
section, conductor and pulling line hang-ups, and slipping of the 
conductor grip.

    (xi) While a power-driven device is pulling the conductor or pulling 
line and the conductor or pulling line is in motion, the employer shall 
ensure that employees are not directly under overhead operations or on 
the crossarm, except as necessary for the employees to guide the 
stringing sock or board over or through the stringing sheave.
    (3) Live-line barehand work. In addition to other applicable 
provisions contained in this section, the following requirements apply 
to live-line barehand work:
    (i) Before an employee uses or supervises the use of the live-line 
barehand technique on energized circuits, the employer shall ensure that 
the employee completes training conforming to paragraph (a)(2) of this 
section in the technique and in the safety requirements of paragraph 
(q)(3) of this section.
    (ii) Before any employee uses the live-line barehand technique on 
energized high-voltage conductors or parts, the employer shall ascertain 
the following information in addition to information about other 
existing conditions required by paragraph (a)(4) of this section:
    (A) The nominal voltage rating of the circuit on which employees 
will perform the work,
    (B) The clearances to ground of lines and other energized parts on 
which employees will perform the work, and

[[Page 794]]

    (C) The voltage limitations of equipment employees will use.
    (iii) The employer shall ensure that the insulated equipment, 
insulated tools, and aerial devices and platforms used by employees are 
designed, tested, and made for live-line barehand work.
    (iv) The employer shall ensure that employees keep tools and 
equipment clean and dry while they are in use.
    (v) The employer shall render inoperable the automatic-reclosing 
feature of circuit-interrupting devices protecting the lines if the 
design of the devices permits.
    (vi) The employer shall ensure that employees do not perform work 
when adverse weather conditions would make the work hazardous even after 
the employer implements the work practices required by this section. 
Additionally, employees may not perform work when winds reduce the 
phase-to-phase or phase-to-ground clearances at the work location below 
the minimum approach distances specified in paragraph (q)(3)(xiv) of 
this section, unless insulating guards cover the grounded objects and 
other lines and equipment.

    Note to paragraph (q)(3)(vi): Thunderstorms in the vicinity, high 
winds, snow storms, and ice storms are examples of adverse weather 
conditions that make live-line barehand work too hazardous to perform 
safely even after the employer implements the work practices required by 
this section.

    (vii) The employer shall provide and ensure that employees use a 
conductive bucket liner or other conductive device for bonding the 
insulated aerial device to the energized line or equipment.
    (A) The employee shall be connected to the bucket liner or other 
conductive device by the use of conductive shoes, leg clips, or other 
means.
    (B) Where differences in potentials at the worksite pose a hazard to 
employees, the employer shall provide electrostatic shielding designed 
for the voltage being worked.
    (viii) The employer shall ensure that, before the employee contacts 
the energized part, the employee bonds the conductive bucket liner or 
other conductive device to the energized conductor by means of a 
positive connection. This connection shall remain attached to the 
energized conductor until the employee completes the work on the 
energized circuit.
    (ix) Aerial lifts used for live-line barehand work shall have dual 
controls (lower and upper) as follows:
    (A) The upper controls shall be within easy reach of the employee in 
the bucket. On a two-bucket-type lift, access to the controls shall be 
within easy reach of both buckets.
    (B) The lower set of controls shall be near the base of the boom and 
shall be designed so that they can override operation of the equipment 
at any time.
    (x) Lower (ground-level) lift controls may not be operated with an 
employee in the lift except in case of emergency.
    (xi) The employer shall ensure that, before employees elevate an 
aerial lift into the work position, the employees check all controls 
(ground level and bucket) to determine that they are in proper working 
condition.
    (xii) The employer shall ensure that, before employees elevate the 
boom of an aerial lift, the employees ground the body of the truck or 
barricade the body of the truck and treat it as energized.
    (xiii) The employer shall ensure that employees perform a boom-
current test before starting work each day, each time during the day 
when they encounter a higher voltage, and when changed conditions 
indicate a need for an additional test.
    (A) This test shall consist of placing the bucket in contact with an 
energized source equal to the voltage to be encountered for a minimum of 
3 minutes.
    (B) The leakage current may not exceed 1 microampere per kilovolt of 
nominal phase-to-ground voltage.
    (C) The employer shall immediately suspend work from the aerial lift 
when there is any indication of a malfunction in the equipment.
    (xiv) The employer shall ensure that employees maintain the minimum 
approach distances, established by the employer under paragraph 
(l)(3)(i) of this section, from all grounded objects and from lines and 
equipment at a potential different from that to which the live-line 
barehand equipment is bonded, unless insulating guards cover such 
grounded objects and other lines and equipment.

[[Page 795]]

    (xv) The employer shall ensure that, while an employee is 
approaching, leaving, or bonding to an energized circuit, the employee 
maintains the minimum approach distances, established by the employer 
under paragraph (l)(3)(i) of this section, between the employee and any 
grounded parts, including the lower boom and portions of the truck and 
between the employee and conductive objects energized at different 
potentials.
    (xvi) While the bucket is alongside an energized bushing or 
insulator string, the employer shall ensure that employees maintain the 
phase-to-ground minimum approach distances, established by the employer 
under paragraph (l)(3)(i) of this section, between all parts of the 
bucket and the grounded end of the bushing or insulator string or any 
other grounded surface.
    (xvii) The employer shall ensure that employees do not use handlines 
between the bucket and the boom or between the bucket and the ground. 
However, employees may use nonconductive-type handlines from conductor 
to ground if not supported from the bucket. The employer shall ensure 
that no one uses ropes used for live-line barehand work for other 
purposes.
    (xviii) The employer shall ensure that employees do not pass 
uninsulated equipment or material between a pole or structure and an 
aerial lift while an employee working from the bucket is bonded to an 
energized part.
    (xix) A nonconductive measuring device shall be readily accessible 
to employees performing live-line barehand work to assist them in 
maintaining the required minimum approach distance.
    (4) Towers and structures. The following requirements apply to work 
performed on towers or other structures that support overhead lines.
    (i) The employer shall ensure that no employee is under a tower or 
structure while work is in progress, except when the employer can 
demonstrate that such a working position is necessary to assist 
employees working above.
    (ii) The employer shall ensure that employees use tag lines or other 
similar devices to maintain control of tower sections being raised or 
positioned, unless the employer can demonstrate that the use of such 
devices would create a greater hazard to employees.
    (iii) The employer shall ensure that employees do not detach the 
loadline from a member or section until they safely secure the load.
    (iv) The employer shall ensure that, except during emergency 
restoration procedures, employees discontinue work when adverse weather 
conditions would make the work hazardous in spite of the work practices 
required by this section.

    Note to paragraph (q)(4)(iv): Thunderstorms in the vicinity, high 
winds, snow storms, and ice storms are examples of adverse weather 
conditions that make this work too hazardous to perform even after the 
employer implements the work practices required by this section.

    (r) Line-clearance tree trimming. This paragraph provides additional 
requirements for line-clearance tree trimming and for equipment used in 
this type of work.
    (1) Electrical hazards. This paragraph does not apply to qualified 
employees.
    (i) Before an employee climbs, enters, or works around any tree, a 
determination shall be made of the nominal voltage of electric power 
lines posing a hazard to employees. However, a determination of the 
maximum nominal voltage to which an employee will be exposed may be made 
instead, if all lines are considered as energized at this maximum 
voltage.
    (ii) There shall be a second line-clearance tree trimmer within 
normal (that is, unassisted) voice communication under any of the 
following conditions:
    (A) If a line-clearance tree trimmer is to approach more closely 
than 3.05 meters (10 feet) to any conductor or electric apparatus 
energized at more than 750 volts or
    (B) If branches or limbs being removed are closer to lines energized 
at more than 750 volts than the distances listed in Table R-5, Table R-
6, Table R-7, and Table R-8 or
    (C) If roping is necessary to remove branches or limbs from such 
conductors or apparatus.
    (iii) Line-clearance tree trimmers shall maintain the minimum 
approach distances from energized conductors given in Table R-5, Table 
R-6, Table R-7, and Table R-8.

[[Page 796]]

    (iv) Branches that are contacting exposed energized conductors or 
equipment or that are within the distances specified in Table R-5, Table 
R-6, Table R-7, and Table R-8 may be removed only through the use of 
insulating equipment.

    Note to paragraph (r)(1)(iv): A tool constructed of a material that 
the employer can demonstrate has insulating qualities meeting paragraph 
(j)(1) of this section is considered as insulated under paragraph 
(r)(1)(iv) of this section if the tool is clean and dry.

    (v) Ladders, platforms, and aerial devices may not be brought closer 
to an energized part than the distances listed in Table R-5, Table R-6, 
Table R-7, and Table R-8.
    (vi) Line-clearance tree trimming may not be performed when adverse 
weather conditions make the work hazardous in spite of the work 
practices required by this section. Each employee performing line-
clearance tree trimming in the aftermath of a storm or under similar 
emergency conditions shall be trained in the special hazards related to 
this type of work.

    Note to paragraph (r)(1)(vi): Thunderstorms in the immediate 
vicinity, high winds, snow storms, and ice storms are examples of 
adverse weather conditions that are presumed to make line-clearance tree 
trimming too hazardous to perform safely.

    (2) Brush chippers. (i) Brush chippers shall be equipped with a 
locking device in the ignition system.
    (ii) Access panels for maintenance and adjustment of the chipper 
blades and associated drive train shall be in place and secure during 
operation of the equipment.
    (iii) Brush chippers not equipped with a mechanical infeed system 
shall be equipped with an infeed hopper of length sufficient to prevent 
employees from contacting the blades or knives of the machine during 
operation.
    (iv) Trailer chippers detached from trucks shall be chocked or 
otherwise secured.
    (v) Each employee in the immediate area of an operating chipper feed 
table shall wear personal protective equipment as required by Subpart I 
of this part.
    (3) Sprayers and related equipment. (i) Walking and working surfaces 
of sprayers and related equipment shall be covered with slip-resistant 
material. If slipping hazards cannot be eliminated, slip-resistant 
footwear or handrails and stair rails meeting the requirements of 
subpart D of this part may be used instead of slip-resistant material.
    (ii) Equipment on which employees stand to spray while the vehicle 
is in motion shall be equipped with guardrails around the working area. 
The guardrail shall be constructed in accordance with subpart D of this 
part.
    (4) Stump cutters. (i) Stump cutters shall be equipped with 
enclosures or guards to protect employees.
    (ii) Each employee in the immediate area of stump grinding 
operations (including the stump cutter operator) shall wear personal 
protective equipment as required by subpart I of this part.
    (5) Gasoline-engine power saws. Gasoline-engine power saw operations 
shall meet the requirements of Sec.  1910.266(e) and the following:
    (i) Each power saw weighing more than 6.8 kilograms (15 pounds, 
service weight) that is used in trees shall be supported by a separate 
line, except when work is performed from an aerial lift and except 
during topping or removing operations where no supporting limb will be 
available.
    (ii) Each power saw shall be equipped with a control that will 
return the saw to idling speed when released.
    (iii) Each power saw shall be equipped with a clutch and shall be so 
adjusted that the clutch will not engage the chain drive at idling 
speed.
    (iv) A power saw shall be started on the ground or where it is 
otherwise firmly supported. Drop starting of saws over 6.8 kilograms (15 
pounds), other than chain saws, is permitted outside of the bucket of an 
aerial lift only if the area below the lift is clear of personnel.

    Note to paragraph (r)(5)(iv): Paragraph (e)(2)(vi) of Sec.  1910.266 
prohibits drop starting of chain saws.

    (v) A power saw engine may be started and operated only when all 
employees other than the operator are clear of the saw.
    (vi) A power saw may not be running when the saw is being carried up 
into a tree by an employee.

[[Page 797]]

    (vii) Power saw engines shall be stopped for all cleaning, 
refueling, adjustments, and repairs to the saw or motor, except as the 
manufacturer's servicing procedures require otherwise.
    (6) Backpack power units for use in pruning and clearing. (i) While 
a backpack power unit is running, no one other than the operator may be 
within 3.05 meters (10 feet) of the cutting head of a brush saw.
    (ii) A backpack power unit shall be equipped with a quick shutoff 
switch readily accessible to the operator.
    (iii) Backpack power unit engines shall be stopped for all cleaning, 
refueling, adjustments, and repairs to the saw or motor, except as the 
manufacturer's servicing procedures require otherwise.
    (7) Rope. (i) Climbing ropes shall be used by employees working 
aloft in trees. These ropes shall have a minimum diameter of 12 
millimeters (0.5 inch) with a minimum breaking strength of 10.2 
kilonewtons (2,300 pounds). Synthetic rope shall have elasticity of not 
more than 7 percent.
    (ii) Rope shall be inspected before each use and, if unsafe (for 
example, because of damage or defect), may not be used.
    (iii) Rope shall be stored away from cutting edges and sharp tools. 
Rope contact with corrosive chemicals, gas, and oil shall be avoided.
    (iv) When stored, rope shall be coiled and piled, or shall be 
suspended, so that air can circulate through the coils.
    (v) Rope ends shall be secured to prevent their unraveling.
    (vi) Climbing rope may not be spliced to effect repair.
    (vii) A rope that is wet, that is contaminated to the extent that 
its insulating capacity is impaired, or that is otherwise not considered 
to be insulated for the voltage involved may not be used near exposed 
energized lines.
    (8) Fall protection. Each employee shall be tied in with a climbing 
rope and safety saddle when the employee is working above the ground in 
a tree, unless he or she is ascending into the tree.
    (s) Communication facilities--(1) Microwave transmission. (i) The 
employer shall ensure that no employee looks into an open waveguide or 
antenna connected to an energized microwave source.
    (ii) If the electromagnetic-radiation level within an accessible 
area associated with microwave communications systems exceeds the 
radiation-protection guide specified by Sec.  1910.97(a)(2), the 
employer shall post the area with warning signs containing the warning 
symbol described in Sec.  1910.97(a)(3). The lower half of the warning 
symbol shall include the following statements, or ones that the employer 
can demonstrate are equivalent: ``Radiation in this area may exceed 
hazard limitations and special precautions are required. Obtain specific 
instruction before entering.''
    (iii) When an employee works in an area where the electromagnetic 
radiation could exceed the radiation-protection guide, the employer 
shall institute measures that ensure that the employee's exposure is not 
greater than that permitted by that guide. Such measures may include 
administrative and engineering controls and personal protective 
equipment.
    (2) Power-line carrier. The employer shall ensure that employees 
perform power-line carrier work, including work on equipment used for 
coupling carrier current to power line conductors, in accordance with 
the requirements of this section pertaining to work on energized lines.
    (t) Underground electrical installations. This paragraph provides 
additional requirements for work on underground electrical 
installations.
    (1) Access. The employer shall ensure that employees use a ladder or 
other climbing device to enter and exit a manhole or subsurface vault 
exceeding 1.22 meters (4 feet) in depth. No employee may climb into or 
out of a manhole or vault by stepping on cables or hangers.
    (2) Lowering equipment into manholes. (i) Equipment used to lower 
materials and tools into manholes or vaults shall be capable of 
supporting the weight to be lowered and shall be checked for defects 
before use.
    (ii) Before anyone lowers tools or material into the opening for a 
manhole or vault, each employee working in the

[[Page 798]]

manhole or vault shall be clear of the area directly under the opening.
    (3) Attendants for manholes and vaults. (i) While work is being 
performed in a manhole or vault containing energized electric equipment, 
an employee with first-aid training shall be available on the surface in 
the immediate vicinity of the manhole or vault entrance to render 
emergency assistance.
    (ii) Occasionally, the employee on the surface may briefly enter a 
manhole or vault to provide nonemergency assistance.

    Note 1 to paragraph (t)(3)(ii): Paragraph (e)(7) of this section may 
also require an attendant and does not permit this attendant to enter 
the manhole or vault.
    Note 2 to paragraph (t)(3)(ii): Paragraph (l)(1)(ii) of this section 
requires employees entering manholes or vaults containing unguarded, 
uninsulated energized lines or parts of electric equipment operating at 
50 volts or more to be qualified.

    (iii) For the purpose of inspection, housekeeping, taking readings, 
or similar work, an employee working alone may enter, for brief periods 
of time, a manhole or vault where energized cables or equipment are in 
service if the employer can demonstrate that the employee will be 
protected from all electrical hazards.
    (iv) The employer shall ensure that employees maintain reliable 
communications, through two-way radios or other equivalent means, among 
all employees involved in the job.
    (4) Duct rods. The employer shall ensure that, if employees use duct 
rods, the employees install the duct rods in the direction presenting 
the least hazard to employees. The employer shall station an employee at 
the far end of the duct line being rodded to ensure that the employees 
maintain the required minimum approach distances.
    (5) Multiple cables. When multiple cables are present in a work 
area, the employer shall identify the cable to be worked by electrical 
means, unless its identity is obvious by reason of distinctive 
appearance or location or by other readily apparent means of 
identification. The employer shall protect cables other than the one 
being worked from damage.
    (6) Moving cables. Except when paragraph (t)(7)(ii) of this section 
permits employees to perform work that could cause a fault in an 
energized cable in a manhole or vault, the employer shall ensure that 
employees inspect energized cables to be moved for abnormalities.
    (7) Protection against faults. (i) Where a cable in a manhole or 
vault has one or more abnormalities that could lead to a fault or be an 
indication of an impending fault, the employer shall deenergize the 
cable with the abnormality before any employee may work in the manhole 
or vault, except when service-load conditions and a lack of feasible 
alternatives require that the cable remain energized. In that case, 
employees may enter the manhole or vault provided the employer protects 
them from the possible effects of a failure using shields or other 
devices that are capable of containing the adverse effects of a fault. 
The employer shall treat the following abnormalities as indications of 
impending faults unless the employer can demonstrate that the conditions 
could not lead to a fault: Oil or compound leaking from cable or joints, 
broken cable sheaths or joint sleeves, hot localized surface 
temperatures of cables or joints, or joints swollen beyond normal 
tolerance.
    (ii) If the work employees will perform in a manhole or vault could 
cause a fault in a cable, the employer shall deenergize that cable 
before any employee works in the manhole or vault, except when service-
load conditions and a lack of feasible alternatives require that the 
cable remain energized. In that case, employees may enter the manhole or 
vault provided the employer protects them from the possible effects of a 
failure using shields or other devices that are capable of containing 
the adverse effects of a fault.
    (8) Sheath continuity. When employees perform work on buried cable 
or on cable in a manhole or vault, the employer shall maintain metallic-
sheath continuity, or the cable sheath shall be treated as energized.
    (u) Substations. This paragraph provides additional requirements for 
substations and for work performed in them.
    (1) Access and working space. The employer shall provide and 
maintain sufficient access and working space about

[[Page 799]]

electric equipment to permit ready and safe operation and maintenance of 
such equipment by employees.

    Note to paragraph (u)(1): American National Standard National 
Electrical Safety Code, ANSI/IEEE C2-2012 contains guidelines for the 
dimensions of access and working space about electric equipment in 
substations. Installations meeting the ANSI provisions comply with 
paragraph (u)(1) of this section. The Occupational Safety and Health 
Administration will determine whether an installation that does not 
conform to this ANSI standard complies with paragraph (u)(1) of this 
section based on the following criteria:
    (1) Whether the installation conforms to the edition of ANSI C2 that 
was in effect when the installation was made,
    (2) Whether the configuration of the installation enables employees 
to maintain the minimum approach distances, established by the employer 
under paragraph (l)(3)(i) of this section, while the employees are 
working on exposed, energized parts, and
    (3) Whether the precautions taken when employees perform work on the 
installation provide protection equivalent to the protection provided by 
access and working space meeting ANSI/IEEE C2-2012.

    (2) Draw-out-type circuit breakers. The employer shall ensure that, 
when employees remove or insert draw-out-type circuit breakers, the 
breaker is in the open position. The employer shall also render the 
control circuit inoperable if the design of the equipment permits.
    (3) Substation fences. Conductive fences around substations shall be 
grounded. When a substation fence is expanded or a section is removed, 
fence sections shall be isolated, grounded, or bonded as necessary to 
protect employees from hazardous differences in electric potential.

    Note to paragraph (u)(3): IEEE Std 80-2000, IEEE Guide for Safety in 
AC Substation Grounding, contains guidelines for protection against 
hazardous differences in electric potential.

    (4) Guarding of rooms and other spaces containing electric supply 
equipment. (i) Rooms and other spaces in which electric supply lines or 
equipment are installed shall meet the requirements of paragraphs 
(u)(4)(ii) through (u)(4)(v) of this section under the following 
conditions:
    (A) If exposed live parts operating at 50 to 150 volts to ground are 
within 2.4 meters (8 feet) of the ground or other working surface inside 
the room or other space,
    (B) If live parts operating at 151 to 600 volts to ground and 
located within 2.4 meters (8 feet) of the ground or other working 
surface inside the room or other space are guarded only by location, as 
permitted under paragraph (u)(5)(i) of this section, or
    (C) If live parts operating at more than 600 volts to ground are 
within the room or other space, unless:
    (1) The live parts are enclosed within grounded, metal-enclosed 
equipment whose only openings are designed so that foreign objects 
inserted in these openings will be deflected from energized parts, or
    (2) The live parts are installed at a height, above ground and any 
other working surface, that provides protection at the voltage on the 
live parts corresponding to the protection provided by a 2.4-meter (8-
foot) height at 50 volts.
    (ii) Fences, screens, partitions, or walls shall enclose the rooms 
and other spaces so as to minimize the possibility that unqualified 
persons will enter.
    (iii) Unqualified persons may not enter the rooms or other spaces 
while the electric supply lines or equipment are energized.
    (iv) The employer shall display signs at entrances to the rooms and 
other spaces warning unqualified persons to keep out.
    (v) The employer shall keep each entrance to a room or other space 
locked, unless the entrance is under the observation of a person who is 
attending the room or other space for the purpose of preventing 
unqualified employees from entering.
    (5) Guarding of energized parts. (i) The employer shall provide 
guards around all live parts operating at more than 150 volts to ground 
without an insulating covering unless the location of the live parts 
gives sufficient clearance (horizontal, vertical, or both) to minimize 
the possibility of accidental employee contact.

    Note to paragraph (u)(5)(i): American National Standard National 
Electrical Safety Code, ANSI/IEEE C2-2002 contains guidelines for the 
dimensions of clearance distances about electric equipment in 
substations. Installations meeting the ANSI provisions

[[Page 800]]

comply with paragraph (u)(5)(i) of this section. The Occupational Safety 
and Health Administration will determine whether an installation that 
does not conform to this ANSI standard complies with paragraph (u)(5)(i) 
of this section based on the following criteria:
    (1) Whether the installation conforms to the edition of ANSI C2 that 
was in effect when the installation was made,
    (2) Whether each employee is isolated from energized parts at the 
point of closest approach; and
    (3) Whether the precautions taken when employees perform work on the 
installation provide protection equivalent to the protection provided by 
horizontal and vertical clearances meeting ANSI/IEEE C2-2002.

    (ii) Except for fuse replacement and other necessary access by 
qualified persons, the employer shall maintain guarding of energized 
parts within a compartment during operation and maintenance functions to 
prevent accidental contact with energized parts and to prevent dropped 
tools or other equipment from contacting energized parts.
    (iii) Before guards are removed from energized equipment, the 
employer shall install barriers around the work area to prevent 
employees who are not working on the equipment, but who are in the area, 
from contacting the exposed live parts.
    (6) Substation entry. (i) Upon entering an attended substation, each 
employee, other than employees regularly working in the station, shall 
report his or her presence to the employee in charge of substation 
activities to receive information on special system conditions affecting 
employee safety.
    (ii) The job briefing required by paragraph (c) of this section 
shall cover information on special system conditions affecting employee 
safety, including the location of energized equipment in or adjacent to 
the work area and the limits of any deenergized work area.
    (v) Power generation. This paragraph provides additional 
requirements and related work practices for power generating plants.
    (1) Interlocks and other safety devices. (i) Interlocks and other 
safety devices shall be maintained in a safe, operable condition.
    (ii) No interlock or other safety device may be modified to defeat 
its function, except for test, repair, or adjustment of the device.
    (2) Changing brushes. Before exciter or generator brushes are 
changed while the generator is in service, the exciter or generator 
field shall be checked to determine whether a ground condition exists. 
The brushes may not be changed while the generator is energized if a 
ground condition exists.
    (3) Access and working space. The employer shall provide and 
maintain sufficient access and working space about electric equipment to 
permit ready and safe operation and maintenance of such equipment by 
employees.

    Note to paragraph (v)(3) of this section: American National Standard 
National Electrical Safety Code, ANSI/IEEE C2-2012 contains guidelines 
for the dimensions of access and working space about electric equipment 
in substations. Installations meeting the ANSI provisions comply with 
paragraph (v)(3) of this section. The Occupational Safety and Health 
Administration will determine whether an installation that does not 
conform to this ANSI standard complies with paragraph (v)(3) of this 
section based on the following criteria:
    (1) Whether the installation conforms to the edition of ANSI C2 that 
was in effect when the installation was made;
    (2) Whether the configuration of the installation enables employees 
to maintain the minimum approach distances, established by the employer 
under paragraph (l)(3)(i) of this section, while the employees are 
working on exposed, energized parts, and;
    (3) Whether the precautions taken when employees perform work on the 
installation provide protection equivalent to the protection provided by 
access and working space meeting ANSI/IEEE C2-2012.

    (4) Guarding of rooms and other spaces containing electric supply 
equipment. (i) Rooms and other spaces in which electric supply lines or 
equipment are installed shall meet the requirements of paragraphs 
(v)(4)(ii) through (v)(4)(v) of this section under the following 
conditions:
    (A) If exposed live parts operating at 50 to 150 volts to ground are 
within 2.4 meters (8 feet) of the ground or other working surface inside 
the room or other space,
    (B) If live parts operating at 151 to 600 volts to ground and 
located within 2.4 meters (8 feet) of the ground or other working 
surface inside the room

[[Page 801]]

or other space are guarded only by location, as permitted under 
paragraph (v)(5)(i) of this section, or
    (C) If live parts operating at more than 600 volts to ground are 
within the room or other space, unless:
    (1) The live parts are enclosed within grounded, metal-enclosed 
equipment whose only openings are designed so that foreign objects 
inserted in these openings will be deflected from energized parts, or
    (2) The live parts are installed at a height, above ground and any 
other working surface, that provides protection at the voltage on the 
live parts corresponding to the protection provided by a 2.4-meter (8-
foot) height at 50 volts.
    (ii) Fences, screens, partitions, or walls shall enclose the rooms 
and other spaces so as to minimize the possibility that unqualified 
persons will enter.
    (iii) Unqualified persons may not enter the rooms or other spaces 
while the electric supply lines or equipment are energized.
    (iv) The employer shall display signs at entrances to the rooms and 
other spaces warning unqualified persons to keep out.
    (v) The employer shall keep each entrance to a room or other space 
locked, unless the entrance is under the observation of a person who is 
attending the room or other space for the purpose of preventing 
unqualified employees from entering.
    (5) Guarding of energized parts. (i) The employer shall provide 
guards around all live parts operating at more than 150 volts to ground 
without an insulating covering unless the location of the live parts 
gives sufficient clearance (horizontal, vertical, or both) to minimize 
the possibility of accidental employee contact.

    Note to paragraph (v)(5)(i): American National Standard National 
Electrical Safety Code, ANSI/IEEE C2-2002 contains guidelines for the 
dimensions of clearance distances about electric equipment in 
substations. Installations meeting the ANSI provisions comply with 
paragraph (v)(5)(i) of this section. The Occupational Safety and Health 
Administration will determine whether an installation that does not 
conform to this ANSI standard complies with paragraph (v)(5)(i) of this 
section based on the following criteria:
    (1) Whether the installation conforms to the edition of ANSI C2 that 
was in effect when the installation was made;
    (2) Whether each employee is isolated from energized parts at the 
point of closest approach; and
    (3) Whether the precautions taken when employees perform work on the 
installation provide protection equivalent to the protection provided by 
horizontal and vertical clearances meeting ANSI/IEEE C2-2002.

    (ii) Except for fuse replacement and other necessary access by 
qualified persons, the employer shall maintain guarding of energized 
parts within a compartment during operation and maintenance functions to 
prevent accidental contact with energized parts and to prevent dropped 
tools or other equipment from contacting energized parts.
    (iii) Before guards are removed from energized equipment, the 
employer shall install barriers around the work area to prevent 
employees who are not working on the equipment, but who are in the area, 
from contacting the exposed live parts.
    (6) Water or steam spaces. The following requirements apply to work 
in water and steam spaces associated with boilers:
    (i) A designated employee shall inspect conditions before work is 
permitted and after its completion. Eye protection, or full face 
protection if necessary, shall be worn at all times when condenser, 
heater, or boiler tubes are being cleaned.
    (ii) Where it is necessary for employees to work near tube ends 
during cleaning, shielding shall be installed at the tube ends.
    (7) Chemical cleaning of boilers and pressure vessels. The following 
requirements apply to chemical cleaning of boilers and pressure vessels:
    (i) Areas where chemical cleaning is in progress shall be cordoned 
off to restrict access during cleaning. If flammable liquids, gases, or 
vapors or combustible materials will be used or might be produced during 
the cleaning process, the following requirements also apply:
    (A) The area shall be posted with signs restricting entry and 
warning of the hazards of fire and explosion; and

[[Page 802]]

    (B) Smoking, welding, and other possible ignition sources are 
prohibited in these restricted areas.
    (ii) The number of personnel in the restricted area shall be limited 
to those necessary to accomplish the task safely.
    (iii) There shall be ready access to water or showers for emergency 
use.

    Note to paragraph (v)(7)(iii): See Sec.  1910.141 for requirements 
that apply to the water supply and to washing facilities.

    (iv) Employees in restricted areas shall wear protective equipment 
meeting the requirements of Subpart I of this part and including, but 
not limited to, protective clothing, boots, goggles, and gloves.
    (8) Chlorine systems. (i) Chlorine system enclosures shall be posted 
with signs restricting entry and warning of the hazard to health and the 
hazards of fire and explosion.

    Note to paragraph (v)(8)(i): See subpart Z of this part for 
requirements necessary to protect the health of employees from the 
effects of chlorine.

    (ii) Only designated employees may enter the restricted area. 
Additionally, the number of personnel shall be limited to those 
necessary to accomplish the task safely.
    (iii) Emergency repair kits shall be available near the shelter or 
enclosure to allow for the prompt repair of leaks in chlorine lines, 
equipment, or containers.
    (iv) Before repair procedures are started, chlorine tanks, pipes, 
and equipment shall be purged with dry air and isolated from other 
sources of chlorine.
    (v) The employer shall ensure that chlorine is not mixed with 
materials that would react with the chlorine in a dangerously exothermic 
or other hazardous manner.
    (9) Boilers. (i) Before internal furnace or ash hopper repair work 
is started, overhead areas shall be inspected for possible falling 
objects. If the hazard of falling objects exists, overhead protection 
such as planking or nets shall be provided.
    (ii) When opening an operating boiler door, employees shall stand 
clear of the opening of the door to avoid the heat blast and gases which 
may escape from the boiler.
    (10) Turbine generators. (i) Smoking and other ignition sources are 
prohibited near hydrogen or hydrogen sealing systems, and signs warning 
of the danger of explosion and fire shall be posted.
    (ii) Excessive hydrogen makeup or abnormal loss of pressure shall be 
considered as an emergency and shall be corrected immediately.
    (iii) A sufficient quantity of inert gas shall be available to purge 
the hydrogen from the largest generator.
    (11) Coal and ash handling. (i) Only designated persons may operate 
railroad equipment.
    (ii) Before a locomotive or locomotive crane is moved, a warning 
shall be given to employees in the area.
    (iii) Employees engaged in switching or dumping cars may not use 
their feet to line up drawheads.
    (iv) Drawheads and knuckles may not be shifted while locomotives or 
cars are in motion.
    (v) When a railroad car is stopped for unloading, the car shall be 
secured from displacement that could endanger employees.
    (vi) An emergency means of stopping dump operations shall be 
provided at railcar dumps.
    (vii) The employer shall ensure that employees who work in coal- or 
ash-handling conveyor areas are trained and knowledgeable in conveyor 
operation and in the requirements of paragraphs (v)(11)(viii) through 
(v)(11)(xii) of this section.
    (viii) Employees may not ride a coal- or ash-handling conveyor belt 
at any time. Employees may not cross over the conveyor belt, except at 
walkways, unless the conveyor's energy source has been deenergized and 
has been locked out or tagged in accordance with paragraph (d) of this 
section.
    (ix) A conveyor that could cause injury when started may not be 
started until personnel in the area are alerted by a signal or by a 
designated person that the conveyor is about to start.
    (x) If a conveyor that could cause injury when started is 
automatically controlled or is controlled from a remote location, an 
audible device shall be provided that sounds an alarm that

[[Page 803]]

will be recognized by each employee as a warning that the conveyor will 
start and that can be clearly heard at all points along the conveyor 
where personnel may be present. The warning device shall be actuated by 
the device starting the conveyor and shall continue for a period of time 
before the conveyor starts that is long enough to allow employees to 
move clear of the conveyor system. A visual warning may be used in place 
of the audible device if the employer can demonstrate that it will 
provide an equally effective warning in the particular circumstances 
involved. However if the employer can demonstrate that the system's 
function would be seriously hindered by the required time delay, warning 
signs may be provided in place of the audible warning device. If the 
system was installed before January 31, 1995, warning signs may be 
provided in place of the audible warning device until such time as the 
conveyor or its control system is rebuilt or rewired. These warning 
signs shall be clear, concise, and legible and shall indicate that 
conveyors and allied equipment may be started at any time, that danger 
exists, and that personnel must keep clear. These warning signs shall be 
provided along the conveyor at areas not guarded by position or 
location.
    (xi) Remotely and automatically controlled conveyors, and conveyors 
that have operating stations which are not manned or which are beyond 
voice and visual contact from drive areas, loading areas, transfer 
points, and other locations on the conveyor path not guarded by 
location, position, or guards shall be furnished with emergency stop 
buttons, pull cords, limit switches, or similar emergency stop devices. 
However, if the employer can demonstrate that the design, function, and 
operation of the conveyor do not expose an employee to hazards, an 
emergency stop device is not required.
    (A) Emergency stop devices shall be easily identifiable in the 
immediate vicinity of such locations.
    (B) An emergency stop device shall act directly on the control of 
the conveyor involved and may not depend on the stopping of any other 
equipment.
    (C) Emergency stop devices shall be installed so that they cannot be 
overridden from other locations.
    (xii) Where coal-handling operations may produce a combustible 
atmosphere from fuel sources or from flammable gases or dust, sources of 
ignition shall be eliminated or safely controlled to prevent ignition of 
the combustible atmosphere.

    Note to paragraph (v)(11)(xii): Locations that are hazardous because 
of the presence of combustible dust are classified as Class II hazardous 
locations. See Sec.  1910.307.

    (xiii) An employee may not work on or beneath overhanging coal in 
coal bunkers, coal silos, or coal storage areas, unless the employee is 
protected from all hazards posed by shifting coal.
    (xiv) An employee entering a bunker or silo to dislodge the contents 
shall wear a body harness with lifeline attached. The lifeline shall be 
secured to a fixed support outside the bunker and shall be attended at 
all times by an employee located outside the bunker or facility.
    (12) Hydroplants and equipment. Employees working on or close to 
water gates, valves, intakes, forebays, flumes, or other locations where 
increased or decreased water flow or levels may pose a significant 
hazard shall be warned and shall vacate such dangerous areas before 
water flow changes are made.
    (w) Special conditions--(1) Capacitors. The following additional 
requirements apply to work on capacitors and on lines connected to 
capacitors.

    Note to paragraph (w)(1): See paragraphs (m) and (n) of this section 
for requirements pertaining to the deenergizing and grounding of 
capacitor installations.

    (i) Before employees work on capacitors, the employer shall 
disconnect the capacitors from energized sources and short circuit the 
capacitors. The employer shall ensure that the employee short circuiting 
the capacitors waits at least 5 minutes from the time of disconnection 
before applying the short circuit,
    (ii) Before employees handle the units, the employer shall short 
circuit each unit in series-parallel capacitor banks between all 
terminals and the capacitor case or its rack. If the cases

[[Page 804]]

of capacitors are on ungrounded substation racks, the employer shall 
bond the racks to ground.
    (iii) The employer shall short circuit any line connected to 
capacitors before the line is treated as deenergized.
    (2) Current transformer secondaries. The employer shall ensure that 
employees do not open the secondary of a current transformer while the 
transformer is energized. If the employer cannot deenergize the primary 
of the current transformer before employees perform work on an 
instrument, a relay, or other section of a current transformer secondary 
circuit, the employer shall bridge the circuit so that the current 
transformer secondary does not experience an open-circuit condition.
    (3) Series streetlighting. (i) If the open-circuit voltage exceeds 
600 volts, the employer shall ensure that employees work on series 
streetlighting circuits in accordance with paragraph (q) or (t) of this 
section, as appropriate.
    (ii) Before any employee opens a series loop, the employer shall 
deenergize the streetlighting transformer and isolate it from the source 
of supply or shall bridge the loop to avoid an open-circuit condition.
    (4) Illumination. The employer shall provide sufficient illumination 
to enable the employee to perform the work safely.
    (5) Protection against drowning. (i) Whenever an employee may be 
pulled or pushed, or might fall, into water where the danger of drowning 
exists, the employer shall provide the employee with, and shall ensure 
that the employee uses, a U.S. Coast Guard-approved personal flotation 
device.
    (ii) The employer shall maintain each personal flotation device in 
safe condition and shall inspect each personal flotation device 
frequently enough to ensure that it does not have rot, mildew, water 
saturation, or any other condition that could render the device 
unsuitable for use.
    (iii) An employee may cross streams or other bodies of water only if 
a safe means of passage, such as a bridge, is available.
    (6) Employee protection in public work areas. (i) Traffic-control 
signs and traffic-control devices used for the protection of employees 
shall meet Sec.  1926.200(g)(2) of this chapter.
    (ii) Before employees begin work in the vicinity of vehicular or 
pedestrian traffic that may endanger them, the employer shall place 
warning signs or flags and other traffic-control devices in conspicuous 
locations to alert and channel approaching traffic.
    (iii) The employer shall use barricades where additional employee 
protection is necessary.
    (iv) The employer shall protect excavated areas with barricades.
    (v) The employer shall display warning lights prominently at night.
    (7) Backfeed. When there is a possibility of voltage backfeed from 
sources of cogeneration or from the secondary system (for example, 
backfeed from more than one energized phase feeding a common load), the 
requirements of paragraph (l) of this section apply if employees will 
work the lines or equipment as energized, and the requirements of 
paragraphs (m) and (n) of this section apply if employees will work the 
lines or equipment as deenergized.
    (8) Lasers. The employer shall install, adjust, and operate laser 
equipment in accordance with Sec.  1926.54 of this chapter.
    (9) Hydraulic fluids. Hydraulic fluids used for the insulated 
sections of equipment shall provide insulation for the voltage involved.
    (x) Definitions.
    Affected employee. An employee whose job requires him or her to 
operate or use a machine or equipment on which servicing or maintenance 
is being performed under lockout or tagout, or whose job requires him or 
her to work in an area in which such servicing or maintenance is being 
performed.
    Attendant. An employee assigned to remain immediately outside the 
entrance to an enclosed or other space to render assistance as needed to 
employees inside the space.
    Authorized employee. An employee who locks out or tags out machines 
or equipment in order to perform servicing or maintenance on that 
machine or equipment. An affected employee becomes an authorized 
employee when that employee's duties include performing servicing or 
maintenance covered under this section.

[[Page 805]]

    Automatic circuit recloser. A self-controlled device for 
automatically interrupting and reclosing an alternating-current circuit, 
with a predetermined sequence of opening and reclosing followed by 
resetting, hold closed, or lockout.
    Barricade. A physical obstruction such as tapes, cones, or A-frame 
type wood or metal structures that provides a warning about, and limits 
access to, a hazardous area.
    Barrier. A physical obstruction that prevents contact with energized 
lines or equipment or prevents unauthorized access to a work area.
    Bond. The electrical interconnection of conductive parts designed to 
maintain a common electric potential.
    Bus. A conductor or a group of conductors that serve as a common 
connection for two or more circuits.
    Bushing. An insulating structure that includes a through conductor 
or that provides a passageway for such a conductor, and that, when 
mounted on a barrier, insulates the conductor from the barrier for the 
purpose of conducting current from one side of the barrier to the other.
    Cable. A conductor with insulation, or a stranded conductor with or 
without insulation and other coverings (single-conductor cable), or a 
combination of conductors insulated from one another (multiple-conductor 
cable).
    Cable sheath. A conductive protective covering applied to cables.

    Note to the definition of ``cable sheath'': A cable sheath may 
consist of multiple layers one or more of which is conductive.

    Circuit. A conductor or system of conductors through which an 
electric current is intended to flow.
    Clearance (between objects). The clear distance between two objects 
measured surface to surface.
    Clearance (for work). Authorization to perform specified work or 
permission to enter a restricted area.
    Communication lines. (See Lines; (1) Communication lines.)
    Conductor. A material, usually in the form of a wire, cable, or bus 
bar, used for carrying an electric current.
    Contract employer. An employer, other than a host employer, that 
performs work covered by this section under contract.
    Covered conductor. A conductor covered with a dielectric having no 
rated insulating strength or having a rated insulating strength less 
than the voltage of the circuit in which the conductor is used.
    Current-carrying part. A conducting part intended to be connected in 
an electric circuit to a source of voltage. Non-current-carrying parts 
are those not intended to be so connected.
    Deenergized. Free from any electrical connection to a source of 
potential difference and from electric charge; not having a potential 
that is different from the potential of the earth.

    Note to the definition of ``deenergized'': The term applies only to 
current-carrying parts, which are sometimes energized (alive).

    Designated employee (designated person). An employee (or person) who 
is assigned by the employer to perform specific duties under the terms 
of this section and who has sufficient knowledge of the construction and 
operation of the equipment, and the hazards involved, to perform his or 
her duties safely.
    Electric line truck. A truck used to transport personnel, tools, and 
material for electric supply line work.
    Electric supply equipment. Equipment that produces, modifies, 
regulates, controls, or safeguards a supply of electric energy.
    Electric supply lines. (See Lines; (2) Electric supply lines.)
    Electric utility. An organization responsible for the installation, 
operation, or maintenance of an electric supply system.
    Enclosed space. A working space, such as a manhole, vault, tunnel, 
or shaft, that has a limited means of egress or entry, that is designed 
for periodic employee entry under normal operating conditions, and that, 
under normal conditions, does not contain a hazardous atmosphere, but 
may contain a hazardous atmosphere under abnormal conditions.

    Note to the definition of ``enclosed space'': The Occupational 
Safety and Health Administration does not consider spaces that are 
enclosed but not designed for employee entry under normal operating 
conditions to be enclosed spaces for the purposes of this

[[Page 806]]

section. Similarly, the Occupational Safety and Health Administration 
does not consider spaces that are enclosed and that are expected to 
contain a hazardous atmosphere to be enclosed spaces for the purposes of 
this section. Such spaces meet the definition of permit spaces in Sec.  
1910.146, and entry into them must conform to that standard.

    Energized (alive, live). Electrically connected to a source of 
potential difference, or electrically charged so as to have a potential 
significantly different from that of earth in the vicinity.
    Energy isolating device. A physical device that prevents the 
transmission or release of energy, including, but not limited to, the 
following: a manually operated electric circuit breaker, a disconnect 
switch, a manually operated switch, a slide gate, a slip blind, a line 
valve, blocks, and any similar device with a visible indication of the 
position of the device. (Push buttons, selector switches, and other 
control-circuit-type devices are not energy isolating devices.)
    Energy source. Any electrical, mechanical, hydraulic, pneumatic, 
chemical, nuclear, thermal, or other energy source that could cause 
injury to employees.
    Entry (as used in paragraph (e) of this section). The action by 
which a person passes through an opening into an enclosed space. Entry 
includes ensuing work activities in that space and is considered to have 
occurred as soon as any part of the entrant's body breaks the plane of 
an opening into the space.
    Equipment (electric). A general term including material, fittings, 
devices, appliances, fixtures, apparatus, and the like used as part of 
or in connection with an electrical installation.
    Exposed, Exposed to contact (as applied to energized parts). Not 
isolated or guarded.
    Fall restraint system. A fall protection system that prevents the 
user from falling any distance.
    First-aid training. Training in the initial care, including 
cardiopulmonary resuscitation (which includes chest compressions, rescue 
breathing, and, as appropriate, other heart and lung resuscitation 
techniques), performed by a person who is not a medical practitioner, of 
a sick or injured person until definitive medical treatment can be 
administered.
    Ground. A conducting connection, whether planned or unplanned, 
between an electric circuit or equipment and the earth, or to some 
conducting body that serves in place of the earth.
    Grounded. Connected to earth or to some conducting body that serves 
in place of the earth.
    Guarded. Covered, fenced, enclosed, or otherwise protected, by means 
of suitable covers or casings, barrier rails or screens, mats, or 
platforms, designed to minimize the possibility, under normal 
conditions, of dangerous approach or inadvertent contact by persons or 
objects.

    Note to the definition of ``guarded'': Wires that are insulated, but 
not otherwise protected, are not guarded.

    Hazardous atmosphere. An atmosphere that may expose employees to the 
risk of death, incapacitation, impairment of ability to self-rescue 
(that is, escape unaided from an enclosed space), injury, or acute 
illness from one or more of the following causes:
    (1) Flammable gas, vapor, or mist in excess of 10 percent of its 
lower flammable limit (LFL);
    (2) Airborne combustible dust at a concentration that meets or 
exceeds its LFL;

    Note to the definition of ``hazardous atmosphere'' (2): This 
concentration may be approximated as a condition in which the dust 
obscures vision at a distance of 1.52 meters (5 feet) or less.

    (3) Atmospheric oxygen concentration below 19.5 percent or above 
23.5 percent;
    (4) Atmospheric concentration of any substance for which a dose or a 
permissible exposure limit is published in subpart G, Occupational 
Health and Environmental Control, or in Subpart Z, Toxic and Hazardous 
Substances, of this part and which could result in employee exposure in 
excess of its dose or permissible exposure limit;

    Note to the definition of ``hazardous atmosphere'' (4): An 
atmospheric concentration of any substance that is not capable of 
causing death, incapacitation, impairment of ability to self-rescue, 
injury, or acute illness due to its health effects is not covered by 
this provision.


[[Page 807]]


    (5) Any other atmospheric condition that is immediately dangerous to 
life or health.

    Note to the definition of ``hazardous atmosphere'' (5): For air 
contaminants for which the Occupational Safety and Health Administration 
has not determined a dose or permissible exposure limit, other sources 
of information, such as Safety Data Sheets (SDS) that comply with the 
Hazard Communication Standard, Sec.  1910.1200, published information, 
and internal documents can provide guidance in establishing acceptable 
atmospheric conditions.

    High-power tests. Tests in which the employer uses fault currents, 
load currents, magnetizing currents, and line-dropping currents to test 
equipment, either at the equipment's rated voltage or at lower voltages.
    High-voltage tests. Tests in which the employer uses voltages of 
approximately 1,000 volts as a practical minimum and in which the 
voltage source has sufficient energy to cause injury.
    High wind. A wind of such velocity that one or more of the following 
hazards would be present:
    (1) The wind could blow an employee from an elevated location,
    (2) The wind could cause an employee or equipment handling material 
to lose control of the material, or
    (3) The wind would expose an employee to other hazards not 
controlled by the standard involved.

    Note to the definition of ``high wind'': The Occupational Safety and 
Health Administration normally considers winds exceeding 64.4 kilometers 
per hour (40 miles per hour), or 48.3 kilometers per hour (30 miles per 
hour) if the work involves material handling, as meeting this criteria, 
unless the employer takes precautions to protect employees from the 
hazardous effects of the wind.

    Host employer. An employer that operates, or that controls the 
operating procedures for, an electric power generation, transmission, or 
distribution installation on which a contract employer is performing 
work covered by this section.

    Note to the definition of ``host employer'': The Occupational Safety 
and Health Administration will treat the electric utility or the owner 
of the installation as the host employer if it operates or controls 
operating procedures for the installation. If the electric utility or 
installation owner neither operates nor controls operating procedures 
for the installation, the Occupational Safety and Health Administration 
will treat the employer that the utility or owner has contracted with to 
operate or control the operating procedures for the installation as the 
host employer. In no case will there be more than one host employer.

    Immediately dangerous to life or health (IDLH). Any condition that 
poses an immediate or delayed threat to life or that would cause 
irreversible adverse health effects or that would interfere with an 
individual's ability to escape unaided from a permit space.

    Note to the definition of ``immediately dangerous to life or 
health'': Some materials--hydrogen fluoride gas and cadmium vapor, for 
example--may produce immediate transient effects that, even if severe, 
may pass without medical attention, but are followed by sudden, possibly 
fatal collapse 12-72 hours after exposure. The victim ``feels normal'' 
from recovery from transient effects until collapse. Such materials in 
hazardous quantities are considered to be ``immediately'' dangerous to 
life or health.

    Insulated. Separated from other conducting surfaces by a dielectric 
(including air space) offering a high resistance to the passage of 
current.

    Note to the definition of ``insulated'': When any object is said to 
be insulated, it is understood to be insulated for the conditions to 
which it normally is subjected. Otherwise, it is, for the purpose of 
this section, uninsulated.

    Insulation (cable). Material relied upon to insulate the conductor 
from other conductors or conducting parts or from ground.
    Isolated. Not readily accessible to persons unless special means for 
access are used.
    Line-clearance tree trimmer. An employee who, through related 
training or on-the-job experience or both, is familiar with the special 
techniques and hazards involved in line-clearance tree trimming.

    Note 1 to the definition of ``line-clearance tree trimmer'': An 
employee who is regularly assigned to a line-clearance tree-trimming 
crew and who is undergoing on-the-job training and who, in the course of 
such training, has demonstrated an ability to perform duties safely at 
his or her level of training and who is under the direct supervision of 
a line-clearance tree trimmer is considered to be a line-clearance tree 
trimmer for the performance of those duties.

[[Page 808]]

    Note 2 to the definition of ``line-clearance tree trimmer'': A line-
clearance tree trimmer is not considered to be a ``qualified employee'' 
under this section unless he or she has the training required for a 
qualified employee under paragraph (a)(2)(ii) of this section. However, 
under the electrical safety-related work practices standard in subpart S 
of this part, a line-clearance tree trimmer is considered to be a 
``qualified employee.'' Tree trimming performed by such ``qualified 
employees'' is not subject to the electrical safety-related work 
practice requirements contained in Sec. Sec.  1910.331 through 1910.335 
when it is directly associated with electric power generation, 
transmission, or distribution lines or equipment. (See Sec.  1910.331 
for requirements on the applicability of the electrical safety-related 
work practice requirements contained in Sec. Sec.  1910.331 through 
1910.335 to line-clearance tree trimming performed by such ``qualified 
employees,'' and see the note following Sec.  1910.332(b)(3) for 
information regarding the training an employee must have to be 
considered a qualified employee under Sec. Sec.  1910.331 through 
1910.335.)

    Line-clearance tree trimming. The pruning, trimming, repairing, 
maintaining, removing, or clearing of trees, or the cutting of brush, 
that is within the following distance of electric supply lines and 
equipment:
    (1) For voltages to ground of 50 kilovolts or less--3.05 meters (10 
feet);
    (2) For voltages to ground of more than 50 kilovolts--3.05 meters 
(10 feet) plus 0.10 meters (4 inches) for every 10 kilovolts over 50 
kilovolts.

    Note to the definition of ``line-clearance tree trimming'': This 
section applies only to line-clearance tree trimming performed for the 
purpose of clearing space around electric power generation, 
transmission, or distribution lines or equipment and on behalf of an 
organization that operates, or that controls the operating procedures 
for, those lines or equipment. See paragraph (a)(1) of this section. 
Tree trimming performed on behalf of a homeowner or commercial entity 
other than an organization that operates, or that controls the operating 
procedures for, electric power generation, transmission, or distribution 
lines or equipment is not directly associated with an electric power 
generation, transmission, or distribution installation and is outside 
the scope of this section. In addition, tree trimming that is not for 
the purpose of clearing space around electric power generation, 
transmission, or distribution lines or equipment is not directly 
associated with an electric power generation, transmission, or 
distribution installation and is outside the scope of this section. Such 
tree trimming may be covered by other applicable standards. See, for 
example, Sec. Sec.  1910.268 and 1910.331 through 1910.335.

    Lines--(1) Communication lines. The conductors and their supporting 
or containing structures which are used for public or private signal or 
communication service, and which operate at potentials not exceeding 400 
volts to ground or 750 volts between any two points of the circuit, and 
the transmitted power of which does not exceed 150 watts. If the lines 
are operating at less than 150 volts, no limit is placed on the 
transmitted power of the system. Under certain conditions, communication 
cables may include communication circuits exceeding these limitations 
where such circuits are also used to supply power solely to 
communication equipment.

    Note to the definition of ``communication lines'': Telephone, 
telegraph, railroad signal, data, clock, fire, police alarm, cable 
television, and other systems conforming to this definition are 
included. Lines used for signaling purposes, but not included under this 
definition, are considered as electric supply lines of the same voltage.

    (2) Electric supply lines. Conductors used to transmit electric 
energy and their necessary supporting or containing structures. Signal 
lines of more than 400 volts are always supply lines within this 
section, and those of less than 400 volts are considered as supply 
lines, if so run and operated throughout.
    Manhole. A subsurface enclosure that personnel may enter and that is 
used for installing, operating, and maintaining submersible equipment or 
cable.
    Minimum approach distance. The closest distance an employee may 
approach an energized or a grounded object.

    Note to the definition of ``minimum approach distance'': Paragraph 
(l)(3)(i) of this section requires employers to establish minimum 
approach distances.

    Personal fall arrest system. A system used to arrest an employee in 
a fall from a working level.
    Qualified employee (qualified person). An employee (person) 
knowledgeable in the construction and operation of the electric power 
generation, transmission, and distribution equipment

[[Page 809]]

involved, along with the associated hazards.

    Note 1 to the definition of ``qualified employee (qualified 
person)'': An employee must have the training required by (a)(2)(ii) of 
this section to be a qualified employee.
    Note 2 to the definition of ``qualified employee (qualified 
person)'': Except under (g)(2)(iv)(C)(2) and (g)(2)(iv)(C)(3) of this 
section, an employee who is undergoing on-the-job training and who has 
demonstrated, in the course of such training, an ability to perform 
duties safely at his or her level of training and who is under the 
direct supervision of a qualified person is a qualified person for the 
performance of those duties.

    Statistical sparkover voltage. A transient overvoltage level that 
produces a 97.72-percent probability of sparkover (that is, two standard 
deviations above the voltage at which there is a 50-percent probability 
of sparkover).
    Statistical withstand voltage. A transient overvoltage level that 
produces a 0.14-percent probability of sparkover (that is, three 
standard deviations below the voltage at which there is a 50-percent 
probability of sparkover).
    Switch. A device for opening and closing or for changing the 
connection of a circuit. In this section, a switch is manually operable, 
unless otherwise stated.
    System operator. A qualified person designated to operate the system 
or its parts.
    Vault. An enclosure, above or below ground, that personnel may enter 
and that is used for installing, operating, or maintaining equipment or 
cable.
    Vented vault. A vault that has provision for air changes using 
exhaust-flue stacks and low-level air intakes operating on pressure and 
temperature differentials that provide for airflow that precludes a 
hazardous atmosphere from developing.
    Voltage. The effective (root mean square, or rms) potential 
difference between any two conductors or between a conductor and ground. 
This section expresses voltages in nominal values, unless otherwise 
indicated. The nominal voltage of a system or circuit is the value 
assigned to a system or circuit of a given voltage class for the purpose 
of convenient designation. The operating voltage of the system may vary 
above or below this value.
    Work-positioning equipment. A body belt or body harness system 
rigged to allow an employee to be supported on an elevated vertical 
surface, such as a utility pole or tower leg, and work with both hands 
free while leaning.

                Appendix A to Sec.  1910.269--Flow Charts

    This appendix presents information, in the form of flow charts, that 
illustrates the scope and application of Sec.  1910.269. This appendix 
addresses the interface between Sec.  1910.269 and Subpart S of this 
Part (Electrical), between Sec.  1910.269 and Sec.  1910.146 (Permit-
required confined spaces), and between Sec.  1910.269 and Sec.  1910.147 
(The control of hazardous energy (lockout/tagout)). These flow charts 
provide guidance for employers trying to implement the requirements of 
Sec.  1910.269 in combination with other General Industry Standards 
contained in Part 1910. Employers should always consult the relevant 
standards, in conjunction with this appendix, to ensure compliance with 
all applicable requirements.

[[Page 810]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.018

   Appendix A-2 to Sec.  1910.269--Application of Sec.  1910.269 and 
  Subpart S of this Part to Electrical Safety-Related Work Practices\1\



[[Page 811]]

[GRAPHIC] [TIFF OMITTED] TR24SE14.004


       Table 1--Electrical Safety Requirements in Sec.   1910.269
------------------------------------------------------------------------
 Compliance with Subpart S will
comply with these paragraphs of    Paragraphs that apply regardless of
      Sec.   1910.269 \1\             compliance with Subpart S \2\
------------------------------------------------------------------------
(d), electric-shock hazards      (a)(2), (a)(3) and (a)(4).
 only.
(h)(3).........................  (b)
(i)(2) and (i)(3)..............  (c)
(k)............................  (d), for other than electric-shock
                                  hazards.
(l)(1) through (l)(5), (l)(7),   (e)
 and (l)(10) through (l)(12).
(m)............................  (f)
(p)(4).........................  (g)
(s)(2).........................  (h)(1) and (h)(2).
(u)(1) and (u)(3) through        (i)(4)
 (u)(5).
(v)(3) through (v)(5)..........  (j)
(w)(1) and (w)(7)..............  (l)(6), (l)(8) and (l)(9).
                                 (n)

[[Page 812]]

 
                                 (o)
                                 (p)(1) through (p)(3).
                                 (q)
                                 (r)
                                 (s)(1)
                                 (t)
                                 (u)(2) and (u)(6)
                                 (v)(1), (v)(2), and (v)(6) through
                                  (v)(12).
                                 (w)(2) through (w)(6), (w)(8), and
                                  (w)(9).
------------------------------------------------------------------------
\1\ If the electrical installation meets the requirements of Sec.  Sec.
   1910.302 through 1910.308 of this part, then the electrical
  installation and any associated electrical safety-related work
  practices conforming to Sec.  Sec.   1910.332 through 1910.335 of this
  part are considered to comply with these provisions of Sec.   1910.269
  of this part.
\2\ These provisions include electrical safety and other requirements
  that must be met regardless of compliance with subpart S of this part.

  [GRAPHIC] [TIFF OMITTED] TR05OC15.000
  

[[Page 813]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.022


[[Page 814]]

[GRAPHIC] [TIFF OMITTED] TR05OC15.001

    Appendix B to Sec.  1910.269--Working on Exposed Energized Parts

                             I. Introduction

    Electric utilities design electric power generation, transmission, 
and distribution installations to meet National Electrical Safety Code 
(NESC), ANSI C2, requirements. Electric utilities also design 
transmission and distribution lines to limit line outages as required by 
system reliability criteria \1\ and to withstand the maximum 
overvoltages impressed on the system. Conditions such as switching 
surges, faults, and lightning can cause overvoltages. Electric utilities 
generally select insulator design and lengths and the clearances to 
structural parts so as to prevent outages from contaminated line 
insulation and during storms. Line insulator lengths and structural 
clearances have, over the years, come closer to the minimum approach 
distances used by workers. As minimum approach distances and structural 
clearances converge, it is increasingly important that system designers 
and system operating and maintenance personnel understand the concepts 
underlying minimum approach distances.
---------------------------------------------------------------------------

    \1\ Federal, State, and local regulatory bodies and electric 
utilities set reliability requirements that limit the number and 
duration of system outages.
---------------------------------------------------------------------------

    The information in this appendix will assist employers in complying 
with the minimum approach-distance requirements contained in Sec.  
1910.269(l)(3) and (q)(3). Employers must use the technical criteria and 
methodology presented in this appendix in establishing minimum approach 
distances in accordance with Sec.  1910.269(l)(3)(i) and Table R-3 and 
Table R-8. This appendix provides essential background information and 
technical criteria for the calculation of the required minimum approach 
distances for live-line

[[Page 815]]

work on electric power generation, transmission, and distribution 
installations.
    Unless an employer is using the maximum transient overvoltages 
specified in Table R-9 for voltages over 72.5 kilovolts, the employer 
must use persons knowledgeable in the techniques discussed in this 
appendix, and competent in the field of electric transmission and 
distribution system design, to determine the maximum transient 
overvoltage.

                               II. General

    A. Definitions. The following definitions from Sec.  1910.269(x) 
relate to work on or near electric power generation, transmission, and 
distribution lines and equipment and the electrical hazards they 
present.
    Exposed. . . . Not isolated or guarded.
    Guarded. Covered, fenced, enclosed, or otherwise protected, by means 
of suitable covers or casings, barrier rails or screens, mats, or 
platforms, designed to minimize the possibility, under normal 
conditions, of dangerous approach or inadvertent contact by persons or 
objects.

    Note to the definition of ``guarded'': Wires that are insulated, but 
not otherwise protected, are not guarded.

    Insulated. Separated from other conducting surfaces by a dielectric 
(including air space) offering a high resistance to the passage of 
current.

    Note to the definition of ``insulated'': When any object is said to 
be insulated, it is understood to be insulated for the conditions to 
which it normally is subjected. Otherwise, it is, for the purpose of 
this section, uninsulated.

    Isolated. Not readily accessible to persons unless special means for 
access are used.
    Statistical sparkover voltage. A transient overvoltage level that 
produces a 97.72-percent probability of sparkover (that is, two standard 
deviations above the voltage at which there is a 50-percent probability 
of sparkover).
    Statistical withstand voltage. A transient overvoltage level that 
produces a 0.14-percent probability of sparkover (that is, three 
standard deviations below the voltage at which there is a 50-percent 
probability of sparkover).
    B. Installations energized at 50 to 300 volts. The hazards posed by 
installations energized at 50 to 300 volts are the same as those found 
in many other workplaces. That is not to say that there is no hazard, 
but the complexity of electrical protection required does not compare to 
that required for high-voltage systems. The employee must avoid contact 
with the exposed parts, and the protective equipment used (such as 
rubber insulating gloves) must provide insulation for the voltages 
involved.
    C. Exposed energized parts over 300 volts AC. Paragraph (l)(3)(i) of 
Sec.  1910.269 requires the employer to establish minimum approach 
distances no less than the distances computed by Table R-3 for ac 
systems so that employees can work safely without risk of sparkover.\2\
---------------------------------------------------------------------------

    \2\ Sparkover is a disruptive electric discharge in which an 
electric arc forms and electric current passes through air.
---------------------------------------------------------------------------

    Unless the employee is using electrical protective equipment, air is 
the insulating medium between the employee and energized parts. The 
distance between the employee and an energized part must be sufficient 
for the air to withstand the maximum transient overvoltage that can 
reach the worksite under the working conditions and practices the 
employee is using. This distance is the minimum air insulation distance, 
and it is equal to the electrical component of the minimum approach 
distance.
    Normal system design may provide or include a means (such as 
lightning arrestors) to control maximum anticipated transient 
overvoltages, or the employer may use temporary devices (portable 
protective gaps) or measures (such as preventing automatic circuit 
breaker reclosing) to achieve the same result. Paragraph (l)(3)(ii) of 
Sec.  1910.269 requires the employer to determine the maximum 
anticipated per-unit transient overvoltage, phase-to-ground, through an 
engineering analysis or assume a maximum anticipated per-unit transient 
overvoltage, phase-to-ground, in accordance with Table R-9, which 
specifies the following maximums for ac systems:

72.6 to 420.0 kilovolts--3.5 per unit
420.1 to 550.0 kilovolts--3.0 per unit
550.1 to 800.0 kilovolts--2.5 per unit

    See paragraph IV.A.2, later in this appendix, for additional 
discussion of maximum transient overvoltages.
    D. Types of exposures. Employees working on or near energized 
electric power generation, transmission, and distribution systems face 
two kinds of exposures: Phase-to-ground and phase-to-phase. The exposure 
is phase-to-ground: (1) With respect to an energized part, when the 
employee is at ground potential or (2) with respect to ground, when an 
employee is at the potential of the energized part during live-line 
barehand work. The exposure is phase-to-phase, with respect to an 
energized part, when an employee is at the potential of another 
energized part (at a different potential) during live-line barehand 
work.

[[Page 816]]

III. Determination of Minimum Approach Distances for AC Voltages Greater 
                             Than 300 Volts

    A. Voltages of 301 to 5,000 volts. Test data generally forms the 
basis of minimum air insulation distances. The lowest voltage for which 
sufficient test data exists is 5,000 volts, and these data indicate that 
the minimum air insulation distance at that voltage is 20 millimeters (1 
inch). Because the minimum air insulation distance increases with 
increasing voltage, and, conversely, decreases with decreasing voltage, 
an assumed minimum air insulation distance of 20 millimeters will 
protect against sparkover at voltages of 301 to 5,000 volts. Thus, 20 
millimeters is the electrical component of the minimum approach distance 
for these voltages.
    B. Voltages of 5.1 to 72.5 kilovolts. For voltages from 5.1 to 72.5 
kilovolts, the Occupational Safety and Health Administration bases the 
methodology for calculating the electrical component of the minimum 
approach distance on Institute of Electrical and Electronic Engineers 
(IEEE) Standard 4-1995, Standard Techniques for High-Voltage Testing. 
Table 1 lists the critical sparkover distances from that standard as 
listed in IEEE Std 516-2009, IEEE Guide for Maintenance Methods on 
Energized Power Lines.

             Table 1--Sparkover Distance for Rod-to-Rod Gap
------------------------------------------------------------------------
                                                        Gap spacing from
         60 Hz Rod-to-Rod sparkover (kV peak)            IEEE Std 4-1995
                                                              (cm)
------------------------------------------------------------------------
25....................................................                 2
36....................................................                 3
46....................................................                 4
53....................................................                 5
60....................................................                 6
70....................................................                 8
79....................................................                10
86....................................................                12
95....................................................                14
104...................................................                16
112...................................................                18
120...................................................                20
143...................................................                25
167...................................................                30
192...................................................                35
218...................................................                40
243...................................................                45
270...................................................                50
322...................................................                60
------------------------------------------------------------------------
Source: IEEE Std 516-2009.

    To use this table to determine the electrical component of the 
minimum approach distance, the employer must determine the peak phase-
to-ground transient overvoltage and select a gap from the table that 
corresponds to that voltage as a withstand voltage rather than a 
critical sparkover voltage. To calculate the electrical component of the 
minimum approach distance for voltages between 5 and 72.5 kilovolts, use 
the following procedure:
    1. Divide the phase-to-phase voltage by the square root of 3 to 
convert it to a phase-to-ground voltage.
    2. Multiply the phase-to-ground voltage by the square root of 2 to 
convert the rms value of the voltage to the peak phase-to-ground 
voltage.
    3. Multiply the peak phase-to-ground voltage by the maximum per-unit 
transient overvoltage, which, for this voltage range, is 3.0, as 
discussed later in this appendix. This is the maximum phase-to-ground 
transient overvoltage, which corresponds to the withstand voltage for 
the relevant exposure.\3\
---------------------------------------------------------------------------

    \3\ The withstand voltage is the voltage at which sparkover is not 
likely to occur across a specified distance. It is the voltage taken at 
the 3[sigma] point below the sparkover voltage, assuming that the 
sparkover curve follows a normal distribution.
---------------------------------------------------------------------------

    4. Divide the maximum phase-to-ground transient overvoltage by 0.85 
to determine the corresponding critical sparkover voltage. (The critical 
sparkover voltage is 3 standard deviations (or 15 percent) greater than 
the withstand voltage.)
    5. Determine the electrical component of the minimum approach 
distance from Table 1 through interpolation.
    Table 2 illustrates how to derive the electrical component of the 
minimum approach distance for voltages from 5.1 to 72.5 kilovolts, 
before the application of any altitude correction factor, as explained 
later.

                      Table 2--Calculating the Electrical Component of MAD 751 V to 72.5 kV
----------------------------------------------------------------------------------------------------------------
                                                        Maximum system phase-to-phase voltage (kV)
                  Step                   -----------------------------------------------------------------------
                                                 15                36                46               72.5
----------------------------------------------------------------------------------------------------------------
1. Divide by [radic]3...................               8.7              20.8              26.6              41.9
2. Multiply by [radic]2.................              12.2              29.4              37.6              59.2
3. Multiply by 3.0......................              36.7              88.2             112.7             177.6
4. Divide by 0.85.......................              43.2             103.7             132.6             208.9
5. Interpolate from Table 1.............    3 + (7.2/10)*1    14 + (8.7/9)*2  20 + (12.6/23)*5  35 + (16.9/26)*5

[[Page 817]]

 
Electrical component of MAD (cm)........              3.72             15.93             22.74             38.25
----------------------------------------------------------------------------------------------------------------

    C. Voltages of 72.6 to 800 kilovolts. For voltages of 72.6 kilovolts 
to 800 kilovolts, this section bases the electrical component of minimum 
approach distances, before the application of any altitude correction 
factor, on the following formula:

              Equation 1--For Voltages of 72.6 kV to 800 kV

D = 0.3048(C + a) VL-GT

Where:

D = Electrical component of the minimum approach distance in air in 
          meters;
C = a correction factor associated with the variation of gap sparkover 
          with voltage;
a = A factor relating to the saturation of air at system voltages of 345 
          kilovolts or higher; \4\
---------------------------------------------------------------------------

    \4\ Test data demonstrates that the saturation factor is greater 
than 0 at peak voltages of about 630 kilovolts. Systems operating at 345 
kilovolts (or maximum system voltages of 362 kilovolts) can have peak 
maximum transient overvoltages exceeding 630 kilovolts. Table R-3 sets 
equations for calculating a based on peak voltage.
---------------------------------------------------------------------------

VL-G = Maximum system line-to-ground rms voltage in kilovolts--it should 
          be the ``actual'' maximum, or the normal highest voltage for 
          the range (for example, 10 percent above the nominal voltage); 
          and
T = Maximum transient overvoltage factor in per unit.

    In Equation 1, C is 0.01: (1) For phase-to-ground exposures that the 
employer can demonstrate consist only of air across the approach 
distance (gap) and (2) for phase-to-phase exposures if the employer can 
demonstrate that no insulated tool spans the gap and that no large 
conductive object is in the gap. Otherwise, C is 0.011.
    In Equation 1, the term a varies depending on whether the employee's 
exposure is phase-to-ground or phase-to-phase and on whether objects are 
in the gap. The employer must use the equations in Table 3 to calculate 
a. Sparkover test data with insulation spanning the gap form the basis 
for the equations for phase-to-ground exposures, and sparkover test data 
with only air in the gap form the basis for the equations for phase-to-
phase exposures. The phase-to-ground equations result in slightly higher 
values of a, and, consequently, produce larger minimum approach 
distances, than the phase-to-phase equations for the same value of 
VPeak.

                             Table 3--Equations for Calculating the Surge Factor, a
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                            Phase-to-ground exposures
----------------------------------------------------------------------------------------------------------------
VPeak = TL-GVL-G [radic]2.........           635 kV or less           635.1 to 915 kV         915.1 to 1,050 kV
a.................................                        0      (VPeak- 635)/140,000       (VPeak-645)/135,000
                                   -----------------------------------------------------------------------------
VPeak = TL-GVL-G[radic]2..........                               More than 1,050 kV
                                   -----------------------------------------------------------------------------
a.................................                               (VPeak-675)/125,000
----------------------------------------------------------------------------------------------------------------
                                          Phase-to-phase exposures \1\
----------------------------------------------------------------------------------------------------------------
VPeak = (1.35TL-G + 0.45)VL-                 630 kV or less           630.1 to 848 kV         848.1 to 1,131 kV
 G[radic]2........................
a.................................                        0       (VPeak-630)/155,000     (VPeak-633.6)/152,207
----------------------------------------------------------------------------------------------------------------


 
 
----------------------------------------------------------------------------------------------------------------
VPeak = (1.35TL-G + 0.45)VL-                          1,131.1 to 1,485 kV                    More than 1,485 kV
 G[radic]2..........................
a...................................                  (VPeak-628)/153,846                 (VPeak-350.5)/203,666
\1\ Use the equations for phase-to-ground exposures (with VPeak for phase-to-phase exposures) unless the
  employer can demonstrate that no insulated tool spans the gap and that no large conductive object is in the
  gap.


[[Page 818]]

    In Equation 1, T is the maximum transient overvoltage factor in per 
unit. As noted earlier, Sec.  1910.269(l)(3)(ii) requires the employer 
to determine the maximum anticipated per-unit transient overvoltage, 
phase-to-ground, through an engineering analysis or assume a maximum 
anticipated per-unit transient overvoltage, phase-to-ground, in 
accordance with Table R-9. For phase-to-ground exposures, the employer 
uses this value, called TL-G, as T in Equation 1. IEEE Std 516-2009 
provides the following formula to calculate the phase-to-phase maximum 
transient overvoltage, TL-L, from TL-G:

TL-L = 1.35TL-G + 0.45

For phase-to-phase exposures, the employer uses this value as T in 
Equation 1.
    D. Provisions for inadvertent movement. The minimum approach 
distance must include an ``adder'' to compensate for the inadvertent 
movement of the worker relative to an energized part or the movement of 
the part relative to the worker. This ``adder'' must account for this 
possible inadvertent movement and provide the worker with a comfortable 
and safe zone in which to work. Employers must add the distance for 
inadvertent movement (called the ``ergonomic component of the minimum 
approach distance'') to the electrical component to determine the total 
safe minimum approach distances used in live-line work.
    The Occupational Safety and Health Administration based the 
ergonomic component of the minimum approach distance on response time-
distance analysis. This technique uses an estimate of the total response 
time to a hazardous incident and converts that time to the distance 
traveled. For example, the driver of a car takes a given amount of time 
to respond to a ``stimulus'' and stop the vehicle. The elapsed time 
involved results in the car's traveling some distance before coming to a 
complete stop. This distance depends on the speed of the car at the time 
the stimulus appears and the reaction time of the driver.
    In the case of live-line work, the employee must first perceive that 
he or she is approaching the danger zone. Then, the worker responds to 
the danger and must decelerate and stop all motion toward the energized 
part. During the time it takes to stop, the employee will travel some 
distance. This is the distance the employer must add to the electrical 
component of the minimum approach distance to obtain the total safe 
minimum approach distance.
    At voltages from 751 volts to 72.5 kilovolts,\5\ the electrical 
component of the minimum approach distance is smaller than the ergonomic 
component. At 72.5 kilovolts, the electrical component is only a little 
more than 0.3 meters (1 foot). An ergonomic component of the minimum 
approach distance must provide for all the worker's unanticipated 
movements. At these voltages, workers generally use rubber insulating 
gloves; however, these gloves protect only a worker's hands and arms. 
Therefore, the energized object must be at a safe approach distance to 
protect the worker's face. In this case, 0.61 meters (2 feet) is a 
sufficient and practical ergonomic component of the minimum approach 
distance.
---------------------------------------------------------------------------

    \5\ For voltages of 50 to 300 volts, Table R-3 specifies a minimum 
approach distance of ``avoid contact.'' The minimum approach distance 
for this voltage range contains neither an electrical component nor an 
ergonomic component.
---------------------------------------------------------------------------

    For voltages between 72.6 and 800 kilovolts, employees must use 
different work practices during energized line work. Generally, 
employees use live-line tools (hot sticks) to perform work on energized 
equipment. These tools, by design, keep the energized part at a constant 
distance from the employee and, thus, maintain the appropriate minimum 
approach distance automatically.
    The location of the worker and the type of work methods the worker 
is using also influence the length of the ergonomic component of the 
minimum approach distance. In this higher voltage range, the employees 
use work methods that more tightly control their movements than when the 
workers perform work using rubber insulating gloves. The worker, 
therefore, is farther from the energized line or equipment and must be 
more precise in his or her movements just to perform the work. For these 
reasons, this section adopts an ergonomic component of the minimum 
approach distance of 0.31 m (1 foot) for voltages between 72.6 and 800 
kilovolts.
    Table 4 summarizes the ergonomic component of the minimum approach 
distance for various voltage ranges.

        Table 4--Ergonomic Component of Minimum Approach Distance
------------------------------------------------------------------------
                                                   Distance
         Voltage range (kV)          -----------------------------------
                                              m                ft
------------------------------------------------------------------------
0.301 to 0.750......................              0.31               1.0
0.751 to 72.5.......................              0.61               2.0
72.6 to 800.........................              0.31               1.0
------------------------------------------------------------------------
Note: The employer must add this distance to the electrical component of
  the minimum approach distance to obtain the full minimum approach
  distance.

    The ergonomic component of the minimum approach distance accounts 
for errors in maintaining the minimum approach distance (which might 
occur, for example, if an employee misjudges the length of a conductive 
object he or she is holding), and for errors in judging the minimum 
approach distance.

[[Page 819]]

The ergonomic component also accounts for inadvertent movements by the 
employee, such as slipping. In contrast, the working position selected 
to properly maintain the minimum approach distance must account for all 
of an employee's reasonably likely movements and still permit the 
employee to adhere to the applicable minimum approach distance. (See 
Figure 1.) Reasonably likely movements include an employee's adjustments 
to tools, equipment, and working positions and all movements needed to 
perform the work. For example, the employee should be able to perform 
all of the following actions without straying into the minimum approach 
distance:
     Adjust his or her hardhat,
     maneuver a tool onto an energized part with a 
reasonable amount of overreaching or underreaching,
     reach for and handle tools, material, and 
equipment passed to him or her, and
     adjust tools, and replace components on them, 
when necessary during the work procedure.
    The training of qualified employees required under Sec.  
1910.269(a)(2), and the job planning and briefing required under Sec.  
1910.269(c), must address selection of a proper working position.

[[Page 820]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.024

    E. Miscellaneous correction factors. Changes in the air medium that 
forms the insulation influences the strength of an air gap. A brief 
discussion of each factor follows.
    1. Dielectric strength of air. The dielectric strength of air in a 
uniform electric field at

[[Page 821]]

standard atmospheric conditions is approximately 3 kilovolts per 
millimeter.\6\ The pressure, temperature, and humidity of the air, the 
shape, dimensions, and separation of the electrodes, and the 
characteristics of the applied voltage (wave shape) affect the 
disruptive gradient.
---------------------------------------------------------------------------

    \6\ For the purposes of estimating arc length, Sec.  1910.269 
generally assumes a more conservative dielectric strength of 10 
kilovolts per 25.4 millimeters, consistent with assumptions made in 
consensus standards such as the National Electrical Safety Code (IEEE 
C2-2012). The more conservative value accounts for variables such as 
electrode shape, wave shape, and a certain amount of overvoltage.
---------------------------------------------------------------------------

    2. Atmospheric effect. The empirically determined electrical 
strength of a given gap is normally applicable at standard atmospheric 
conditions (20 [deg]C, 101.3 kilopascals, 11 grams/cubic centimeter 
humidity). An increase in the density (humidity) of the air inhibits 
sparkover for a given air gap. The combination of temperature and air 
pressure that results in the lowest gap sparkover voltage is high 
temperature and low pressure. This combination of conditions is not 
likely to occur. Low air pressure, generally associated with high 
humidity, causes increased electrical strength. An average air pressure 
generally correlates with low humidity. Hot and dry working conditions 
normally result in reduced electrical strength. The equations for 
minimum approach distances in Table R-3 assume standard atmospheric 
conditions.
    3. Altitude. The reduced air pressure at high altitudes causes a 
reduction in the electrical strength of an air gap. An employer must 
increase the minimum approach distance by about 3 percent per 300 meters 
(1,000 feet) of increased altitude for altitudes above 900 meters (3,000 
feet). Table R-5 specifies the altitude correction factor that the 
employer must use in calculating minimum approach distances.

               IV. Determining Minimum Approach Distances

           A. Factors Affecting Voltage Stress at the Worksite

    1. System voltage (nominal). The nominal system voltage range 
determines the voltage for purposes of calculating minimum approach 
distances. The employer selects the range in which the nominal system 
voltage falls, as given in the relevant table, and uses the highest 
value within that range in per-unit calculations.
    2. Transient overvoltages. Operation of switches or circuit 
breakers, a fault on a line or circuit or on an adjacent circuit, and 
similar activities may generate transient overvoltages on an electrical 
system. Each overvoltage has an associated transient voltage wave shape. 
The wave shape arriving at the site and its magnitude vary considerably.
    In developing requirements for minimum approach distances, the 
Occupational Safety and Health Administration considered the most common 
wave shapes and the magnitude of transient overvoltages found on 
electric power generation, transmission, and distribution systems. The 
equations in Table R-3 for minimum approach distances use per-unit 
maximum transient overvoltages, which are relative to the nominal 
maximum voltage of the system. For example, a maximum transient 
overvoltage value of 3.0 per unit indicates that the highest transient 
overvoltage is 3.0 times the nominal maximum system voltage.
    3. Typical magnitude of overvoltages. Table 5 lists the magnitude of 
typical transient overvoltages.

          Table 5--Magnitude of Typical Transient Overvoltages
------------------------------------------------------------------------
                                                               Magnitude
                            Cause                             (per unit)
------------------------------------------------------------------------
Energized 200-mile line without closing resistors...........         3.5
Energized 200-mile line with one-step closing resistor......         2.1
Energized 200-mile line with multistep resistor.............         2.5
Reclosing with trapped charge one-step resistor.............         2.2
Opening surge with single restrike..........................         3.0
Fault initiation unfaulted phase............................         2.1
Fault initiation adjacent circuit...........................         2.5
Fault clearing..............................................  1.7 to 1.9
------------------------------------------------------------------------

    4. Standard deviation--air-gap withstand. For each air gap length 
under the same atmospheric conditions, there is a statistical variation 
in the breakdown voltage. The probability of breakdown against voltage 
has a normal (Gaussian) distribution. The standard deviation of this 
distribution varies with the wave shape, gap geometry, and atmospheric 
conditions. The withstand voltage of the air gap is three standard 
deviations (3[sigma]) below the critical sparkover voltage. (The 
critical sparkover voltage is the crest value of the impulse wave that, 
under specified conditions, causes sparkover 50 percent of the time. An 
impulse wave of three standard deviations below this value, that is, the 
withstand voltage, has a probability of sparkover of approximately 1 in 
1,000.)
    5. Broken Insulators. Tests show reductions in the insulation 
strength of insulator strings with broken skirts. Broken units may lose 
up to 70 percent of their withstand capacity. Because an employer cannot 
determine the insulating capability of a broken unit without testing it, 
the employer must consider damaged units in an insulator to have no 
insulating value. Additionally, the presence of a live-line tool 
alongside an insulator string with broken units may further

[[Page 822]]

reduce the overall insulating strength. The number of good units that 
must be present in a string for it to be ``insulated'' as defined by 
Sec.  1910.269(x) depends on the maximum overvoltage possible at the 
worksite.

 B. Minimum Approach Distances Based on Known, Maximum-Anticipated Per-
                       Unit Transient Overvoltages

    1. Determining the minimum approach distance for AC systems. Under 
Sec.  1910.269(l)(3)(ii), the employer must determine the maximum 
anticipated per-unit transient overvoltage, phase-to-ground, through an 
engineering analysis or must assume a maximum anticipated per-unit 
transient overvoltage, phase-to-ground, in accordance with Table R-9. 
When the employer conducts an engineering analysis of the system and 
determines that the maximum transient overvoltage is lower than 
specified by Table R-9, the employer must ensure that any conditions 
assumed in the analysis, for example, that employees block reclosing on 
a circuit or install portable protective gaps, are present during 
energized work. To ensure that these conditions are present, the 
employer may need to institute new live-work procedures reflecting the 
conditions and limitations set by the engineering analysis.
    2. Calculation of reduced approach distance values. An employer may 
take the following steps to reduce minimum approach distances when the 
maximum transient overvoltage on the system (that is, the maximum 
transient overvoltage without additional steps to control overvoltages) 
produces unacceptably large minimum approach distances:
    Step 1. Determine the maximum voltage (with respect to a given 
nominal voltage range) for the energized part.
    Step 2. Determine the technique to use to control the maximum 
transient overvoltage. (See paragraphs IV.C and IV.D of this appendix.) 
Determine the maximum transient overvoltage that can exist at the 
worksite with that form of control in place and with a confidence level 
of 3[sigma]. This voltage is the withstand voltage for the purpose of 
calculating the appropriate minimum approach distance.
    Step 3. Direct employees to implement procedures to ensure that the 
control technique is in effect during the course of the work.
    Step 4. Using the new value of transient overvoltage in per unit, 
calculate the required minimum approach distance from Table R-3.

C. Methods of Controlling Possible Transient Overvoltage Stress Found on 
                                a System

    1. Introduction. There are several means of controlling overvoltages 
that occur on transmission systems. For example, the employer can modify 
the operation of circuit breakers or other switching devices to reduce 
switching transient overvoltages. Alternatively, the employer can hold 
the overvoltage to an acceptable level by installing surge arresters or 
portable protective gaps on the system. In addition, the employer can 
change the transmission system to minimize the effect of switching 
operations. Section 4.8 of IEEE Std 516-2009 describes various ways of 
controlling, and thereby reducing, maximum transient overvoltages.
    2. Operation of circuit breakers. \7\ The maximum transient 
overvoltage that can reach the worksite is often the result of switching 
on the line on which employees are working. Disabling automatic 
reclosing during energized line work, so that the line will not be 
reenergized after being opened for any reason, limits the maximum 
switching surge overvoltage to the larger of the opening surge or the 
greatest possible fault-generated surge, provided that the devices (for 
example, insertion resistors) are operable and will function to limit 
the transient overvoltage and that circuit breaker restrikes do not 
occur. The employer must ensure the proper functioning of insertion 
resistors and other overvoltage-limiting devices when the employer's 
engineering analysis assumes their proper operation to limit the 
overvoltage level. If the employer cannot disable the reclosing feature 
(because of system operating conditions), other methods of controlling 
the switching surge level may be necessary.
---------------------------------------------------------------------------

    \7\ The detailed design of a circuit interrupter, such as the design 
of the contacts, resistor insertion, and breaker timing control, are 
beyond the scope of this appendix. The design of the system generally 
accounts for these features. This appendix only discusses features that 
can limit the maximum switching transient overvoltage on a system.
---------------------------------------------------------------------------

    Transient surges on an adjacent line, particularly for double 
circuit construction, may cause a significant overvoltage on the line on 
which employees are working. The employer's engineering analysis must 
account for coupling to adjacent lines.
    3. Surge arresters. The use of modern surge arresters allows a 
reduction in the basic impulse-insulation levels of much transmission 
system equipment. The primary function of early arresters was to protect 
the system insulation from the effects of lightning. Modern arresters 
not only dissipate lightning-caused transients, but may also control 
many other system transients caused by switching or faults.
    The employer may use properly designed arresters to control 
transient overvoltages along a transmission line and thereby reduce the 
requisite length of the insulator string

[[Page 823]]

and possibly the maximum transient overvoltage on the line.\8\
---------------------------------------------------------------------------

    \8\ Surge arrester application is beyond the scope of this appendix. 
However, if the employer installs the arrester near the work site, the 
application would be similar to the protective gaps discussed in 
paragraph IV.D of this appendix.
---------------------------------------------------------------------------

    4. Switching Restrictions. Another form of overvoltage control 
involves establishing switching restrictions, whereby the employer 
prohibits the operation of circuit breakers until certain system 
conditions are present. The employer restricts switching by using a 
tagging system, similar to that used for a permit, except that the 
common term used for this activity is a ``hold-off'' or ``restriction.'' 
These terms indicate that the restriction does not prevent operation, 
but only modifies the operation during the live-work activity.

   D. Minimum Approach Distance Based on Control of Maximum Transient 
                       Overvoltage at the Worksite

    When the employer institutes control of maximum transient 
overvoltage at the worksite by installing portable protective gaps, the 
employer may calculate the minimum approach distance as follows:
    Step 1. Select the appropriate withstand voltage for the protective 
gap based on system requirements and an acceptable probability of gap 
sparkover.\9\
---------------------------------------------------------------------------

    \9\ The employer should check the withstand voltage to ensure that 
it results in a probability of gap flashover that is acceptable from a 
system outage perspective. (In other words, a gap sparkover will produce 
a system outage. The employer should determine whether such an outage 
will impact overall system performance to an acceptable degree.) In 
general, the withstand voltage should be at least 1.25 times the maximum 
crest operating voltage.
---------------------------------------------------------------------------

    Step 2. Determine a gap distance that provides a withstand voltage 
\10\ greater than or equal to the one selected in the first step.\11\
---------------------------------------------------------------------------

    \10\ The manufacturer of the gap provides, based on test data, the 
critical sparkover voltage for each gap spacing (for example, a critical 
sparkover voltage of 665 kilovolts for a gap spacing of 1.2 meters). The 
withstand voltage for the gap is equal to 85 percent of its critical 
sparkover voltage.
    \11\ Switch steps 1 and 2 if the length of the protective gap is 
known.
---------------------------------------------------------------------------

    Step 3. Use 110 percent of the gap's critical sparkover voltage to 
determine the phase-to-ground peak voltage at gap sparkover (VPPG Peak).
    Step 4. Determine the maximum transient overvoltage, phase-to-
ground, at the worksite from the following formula:
[GRAPHIC] [TIFF OMITTED] TR11AP14.025

    Step 5. Use this value of T \12\ in the equation in Table R-3 to 
obtain the minimum approach distance. If the worksite is no more than 
900 meters (3,000 feet) above sea level, the employer may use this value 
of T to determine the minimum approach distance from Table 14 through 
Table 21.
---------------------------------------------------------------------------

    \12\ IEEE Std 516-2009 states that most employers add 0.2 to the 
calculated value of T as an additional safety factor.

    Note: All rounding must be to the next higher value (that is, always 
---------------------------------------------------------------------------
round up).

    Sample protective gap calculations.
    Problem: Employees are to perform work on a 500-kilovolt 
transmission line at sea level that is subject to transient overvoltages 
of 2.4 p.u. The maximum operating voltage of the line is 550 kilovolts. 
Determine the length of the protective gap that will provide the minimum 
practical safe approach distance. Also, determine what that minimum 
approach distance is.
    Step 1. Calculate the smallest practical maximum transient 
overvoltage (1.25 times the crest phase-to-ground voltage): \13\
---------------------------------------------------------------------------

    \13\ To eliminate sparkovers due to minor system disturbances, the 
employer should use a withstand voltage no lower than 1.25 p.u. Note 
that this is a practical, or operational, consideration only. It may be 
feasible for the employer to use lower values of withstand voltage.

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

[[Page 824]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.026

    This value equals the withstand voltage of the protective gap.
    Step 2. Using test data for a particular protective gap, select a 
gap that has a critical sparkover voltage greater than or equal to:

561kV / 0.85 = 660kV

For example, if a protective gap with a 1.22-m (4.0-foot) spacing tested 
to a critical sparkover voltage of 665 kilovolts (crest), select this 
gap spacing.
    Step 3. The phase-to-ground peak voltage at gap sparkover (VPPG 
Peak) is 110 percent of the value from the previous step:

665kV x 1.10 = 732kV

This value corresponds to the withstand voltage of the electrical 
component of the minimum approach distance.
    Step 4. Use this voltage to determine the worksite value of T:
    [GRAPHIC] [TIFF OMITTED] TR11AP14.027
    
    Step 5. Use this value of T in the equation in Table R-3 to obtain 
the minimum approach distance, or look up the minimum approach distance 
in Table 14 through Table 21:

MAD = 2.29m (7.6 ft).

                     E. Location of Protective Gaps

    1. Adjacent structures. The employer may install the protective gap 
on a structure adjacent to the worksite, as this practice does not 
significantly reduce the protection afforded by the gap.
    2. Terminal stations. Gaps installed at terminal stations of lines 
or circuits provide a level of protection; however, that level of 
protection may not extend throughout the length of the line to the 
worksite. The use of substation terminal gaps raises the possibility 
that separate surges could enter the line at opposite ends, each with 
low enough magnitude to pass the terminal gaps without sparkover. When 
voltage surges occur simultaneously at each end of a line and travel 
toward each other, the total voltage on the line at the point where they 
meet is the arithmetic sum of the two surges. A gap installed within 0.8 
km (0.5 mile) of the worksite will protect against such intersecting 
waves. Engineering studies of a particular line or system may indicate 
that employers can adequately protect employees by installing gaps at 
even more distant locations. In any event, unless using the default 
values for T from Table R-9, the employer must determine T at the 
worksite.
    3. Worksite. If the employer installs protective gaps at the 
worksite, the gap setting establishes the worksite impulse insulation 
strength. Lightning strikes as far as 6 miles from the worksite can 
cause a voltage surge greater than the gap withstand voltage, and a gap 
sparkover can occur. In addition, the gap can sparkover from 
overvoltages on the line that exceed the withstand voltage of the gap. 
Consequently, the employer must protect employees from hazards resulting 
from any sparkover that could occur.
    F. Disabling automatic reclosing. There are two reasons to disable 
the automatic-reclosing feature of circuit-interrupting devices while 
employees are performing live-line work:
     To prevent reenergization of a circuit faulted 
during the work, which could create a hazard or result in more serious 
injuries or damage than the injuries or damage produced by the original 
fault;
     To prevent any transient overvoltage caused by 
the switching surge that would result if the circuit were reenergized.

However, due to system stability considerations, it may not always be 
feasible to disable the automatic-reclosing feature.

                   V. Minimum Approach-Distance Tables

    A. Legacy tables. Employers may use the minimum approach distances 
in Table 6 through Table 13 until March 31, 2015.

[[Page 825]]



                           Table 6--Minimum Approach Distances Until December 31, 2014
----------------------------------------------------------------------------------------------------------------
                                                  Phase-to-ground exposure           Phase-to-phase exposure
      Voltage range phase to phase (kV)      -------------------------------------------------------------------
                                                     m                ft               m                ft
----------------------------------------------------------------------------------------------------------------
0.05 to 1.0.................................            Avoid Contact
                                                        Avoid Contact
                                             -------------------------------------------------------------------
1.1 to 15.0.................................             0.64             2.10             0.66             2.20
15.1 to 36.0................................             0.72             2.30             0.77             2.60
36.1 to 46.0................................             0.77             2.60             0.85             2.80
46.1 to 72.5................................             0.90             3.00             1.05             3.50
72.6 to 121.................................             0.95             3.20             1.29             4.30
138 to 145..................................             1.09             3.60             1.50             4.90
161 to 169..................................             1.22             4.00             1.71             5.70
230 to 242..................................             1.59             5.30             2.27             7.50
345 to 362..................................             2.59             8.50             3.80            12.50
500 to 550..................................             3.42            11.30             5.50            18.10
765 to 800..................................             4.53            14.90             7.91            26.00
----------------------------------------------------------------------------------------------------------------
Note: The clear live-line tool distance must equal or exceed the values for the indicated voltage ranges.


       Table 7--Minimum Approach Distances Until March 31, 2015--72.6 to 121.0 kV With Overvoltage Factor
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
2.0............................................            0.74            2.42             1.09            3.58
2.1............................................            0.76            2.50             1.09            3.58
2.2............................................            0.79            2.58             1.12            3.67
2.3............................................            0.81            2.67             1.14            3.75
2.4............................................            0.84            2.75             1.17            3.83
2.5............................................            0.84            2.75             1.19            3.92
2.6............................................            0.86            2.83             1.22            4.00
2.7............................................            0.89            2.92             1.24            4.08
2.8............................................            0.91            3.00             1.24            4.08
2.9............................................            0.94            3.08             1.27            4.17
3.0............................................            0.97            3.17             1.30            4.25
----------------------------------------------------------------------------------------------------------------
Note 1: The employer may apply the distance specified in this table only where the employer determines the
  maximum anticipated per-unit transient overvoltage by engineering analysis. (Table 6 applies otherwise.)
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.


       Table 8--Minimum Approach Distances Until March 31, 2015--121.1 to 145.0 kV With Overvoltage Factor
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
2.0............................................            0.84            2.75             1.24            4.08
2.1............................................            0.86            2.83             1.27            4.17
2.2............................................            0.89            2.92             1.30            4.25
2.3............................................            0.91            3.00             1.32            4.33
2.4............................................            0.94            3.08             1.35            4.42
2.5............................................            0.97            3.17             1.37            4.50
2.6............................................            0.99            3.25             1.40            4.58
2.7............................................            1.02            3.33             1.42            4.67
2.8............................................            1.04            3.42             1.45            4.75
2.9............................................            1.07            3.50             1.47            4.83
3.0............................................            1.09            3.58             1.50            4.92
----------------------------------------------------------------------------------------------------------------
Note 1: The employer may apply the distance specified in this table only where the employer determines the
  maximum anticipated per-unit transient overvoltage by engineering analysis. (Table 6 applies otherwise.)
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.


       Table 9--Minimum Approach Distances Until March 31, 2015--145.1 to 169.0 kV With Overvoltage Factor
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
2.0............................................            0.91            3.00             1.42            4.67
2.1............................................            0.97            3.17             1.45            4.75
2.2............................................            0.99            3.25             1.47            4.83

[[Page 826]]

 
2.3............................................            1.02            3.33             1.50            4.92
2.4............................................            1.04            3.42             1.52            5.00
2.5............................................            1.07            3.50             1.57            5.17
2.6............................................            1.12            3.67             1.60            5.25
2.7............................................            1.14            3.75             1.63            5.33
2.8............................................            1.17            3.83             1.65            5.42
2.9............................................            1.19            3.92             1.68            5.50
3.0............................................            1.22            4.00             1.73            5.67
----------------------------------------------------------------------------------------------------------------
Note 1: The employer may apply the distance specified in this table only where the employer determines the
  maximum anticipated per-unit transient overvoltage by engineering analysis. (Table 6 applies otherwise.)
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.


      Table 10--Minimum Approach Distances Until March 31, 2015--169.1 to 242.0 kV With Overvoltage Factor
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
2.0............................................            1.17            3.83             1.85            6.08
2.1............................................            1.22            4.00             1.91            6.25
2.2............................................            1.24            4.08             1.93            6.33
2.3............................................            1.30            4.25             1.98            6.50
2.4............................................            1.35            4.42             2.01            6.58
2.5............................................            1.37            4.50             2.06            6.75
2.6............................................            1.42            4.67             2.11            6.92
2.7............................................            1.47            4.83             2.13            7.00
2.8............................................            1.50            4.92             2.18            7.17
2.9............................................            1.55            5.08             2.24            7.33
3.0............................................            1.60            5.25             2.29            7.50
----------------------------------------------------------------------------------------------------------------
Note 1: The employer may apply the distance specified in this table only where the employer determines the
  maximum anticipated per-unit transient overvoltage by engineering analysis. (Table 6 applies otherwise.)
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.


      Table 11--Minimum Approach Distances Until March 31, 2015--242.1 to 362.0 kV With Overvoltage Factor
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
2.0............................................            1.60            5.25             2.62            8.58
2.1............................................            1.65            5.42             2.69            8.83
2.2............................................            1.75            5.75             2.79            9.17
2.3............................................            1.85            6.08             2.90            9.50
2.4............................................            1.93            6.33             3.02            9.92
2.5............................................            2.03            6.67             3.15           10.33
2.6............................................            2.16            7.08             3.28           10.75
2.7............................................            2.26            7.42             3.40           11.17
2.8............................................            2.36            7.75             3.53           11.58
2.9............................................            2.49            8.17             3.68           12.08
3.0............................................            2.59            8.50             3.81           12.50
----------------------------------------------------------------------------------------------------------------
Note 1: The employer may apply the distance specified in this table only where the employer determines the
  maximum anticipated per-unit transient overvoltage by engineering analysis. (Table 6 applies otherwise.)
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.


      Table 12--Minimum Approach Distances Until March 31, 2015--362.1 to 552.0 kV With Overvoltage Factor
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.83            6.00             2.24            7.33
1.6............................................            1.98            6.50             2.67            8.75
1.7............................................            2.13            7.00             3.10           10.17
1.8............................................            2.31            7.58             3.53           11.58

[[Page 827]]

 
1.9............................................            2.46            8.08             4.01           13.17
2.0............................................            2.67            8.75             4.52           14.83
2.1............................................            2.84            9.33             4.75           15.58
2.2............................................            3.02            9.92             4.98           16.33
2.3............................................            3.20           10.50             5.23           17.17
2.4............................................            3.43           11.25             5.51           18.08
----------------------------------------------------------------------------------------------------------------
Note 1: The employer may apply the distance specified in this table only where the employer determines the
  maximum anticipated per-unit transient overvoltage by engineering analysis. (Table 6 applies otherwise.)
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.


      Table 13--Minimum Approach Distances Until March 31, 2015--552.1 to 800.0 kV With Overvoltage Factor
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
 
1.5............................................            2.95            9.67             3.68           12.08
1.6............................................            3.25           10.67             4.42           14.50
1.7............................................            3.56           11.67             5.23           17.17
1.8............................................            3.86           12.67             6.07           19.92
1.9............................................            4.19           13.75             6.99           22.92
2.0............................................            4.55           14.92             7.92           26.00
----------------------------------------------------------------------------------------------------------------
Note 1: The employer may apply the distance specified in this table only where the employer determines the
  maximum anticipated per-unit transient overvoltage by engineering analysis. (Table 6 applies otherwise.)
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.

    B. Alternative minimum approach distances. Employers may use the 
minimum approach distances in Table 14 through Table 21 provided that 
the employer follows the notes to those tables.

                            Table 14--AC Minimum Approach Distances--72.6 to 121.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            0.67             2.2             0.84             2.8
1.6............................................            0.69             2.3             0.87             2.9
1.7............................................            0.71             2.3             0.90             3.0
1.8............................................            0.74             2.4             0.93             3.1
1.9............................................            0.76             2.5             0.96             3.1
2.0............................................            0.78             2.6             0.99             3.2
2.1............................................            0.81             2.7             1.01             3.3
2.2............................................            0.83             2.7             1.04             3.4
2.3............................................            0.85             2.8             1.07             3.5
2.4............................................            0.88             2.9             1.10             3.6
2.5............................................            0.90             3.0             1.13             3.7
2.6............................................            0.92             3.0             1.16             3.8
2.7............................................            0.95             3.1             1.19             3.9
2.8............................................            0.97             3.2             1.22             4.0
2.9............................................            0.99             3.2             1.24             4.1
3.0............................................            1.02             3.3             1.27             4.2
3.1............................................            1.04             3.4             1.30             4.3
3.2............................................            1.06             3.5             1.33             4.4
3.3............................................            1.09             3.6             1.36             4.5
3.4............................................            1.11             3.6             1.39             4.6
3.5............................................            1.13             3.7             1.42             4.7
----------------------------------------------------------------------------------------------------------------


[[Page 828]]


                           Table 15--AC Minimum Approach Distances--121.1 to 145.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            0.74             2.4             0.95             3.1
1.6............................................            0.76             2.5             0.98             3.2
1.7............................................            0.79             2.6             1.02             3.3
1.8............................................            0.82             2.7             1.05             3.4
1.9............................................            0.85             2.8             1.08             3.5
2.0............................................            0.88             2.9             1.12             3.7
2.1............................................            0.90             3.0             1.15             3.8
2.2............................................            0.93             3.1             1.19             3.9
2.3............................................            0.96             3.1             1.22             4.0
2.4............................................            0.99             3.2             1.26             4.1
2.5............................................            1.02             3.3             1.29             4.2
2.6............................................            1.04             3.4             1.33             4.4
2.7............................................            1.07             3.5             1.36             4.5
2.8............................................            1.10             3.6             1.39             4.6
2.9............................................            1.13             3.7             1.43             4.7
3.0............................................            1.16             3.8             1.46             4.8
3.1............................................            1.19             3.9             1.50             4.9
3.2............................................            1.21             4.0             1.53             5.0
3.3............................................            1.24             4.1             1.57             5.2
3.4............................................            1.27             4.2             1.60             5.2
3.5............................................            1.30             4.3             1.64             5.4
----------------------------------------------------------------------------------------------------------------


                           Table 16--AC Minimum Approach Distances--145.1 to 169.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            0.81             2.7             1.05             3.4
1.6............................................            0.84             2.8             1.09             3.6
1.7............................................            0.87             2.9             1.13             3.7
1.8............................................            0.90             3.0             1.17             3.8
1.9............................................            0.94             3.1             1.21             4.0
2.0............................................            0.97             3.2             1.25             4.1
2.1............................................            1.00             3.3             1.29             4.2
2.2............................................            1.03             3.4             1.33             4.4
2.3............................................            1.07             3.5             1.37             4.5
2.4............................................            1.10             3.6             1.41             4.6
2.5............................................            1.13             3.7             1.45             4.8
2.6............................................            1.17             3.8             1.49             4.9
2.7............................................            1.20             3.9             1.53             5.0
2.8............................................            1.23             4.0             1.57             5.2
2.9............................................            1.26             4.1             1.61             5.3
3.0............................................            1.30             4.3             1.65             5.4
3.1............................................            1.33             4.4             1.70             5.6
3.2............................................            1.36             4.5             1.76             5.8
3.3............................................            1.39             4.6             1.82             6.0
3.4............................................            1.43             4.7             1.88             6.2
3.5............................................            1.46             4.8             1.94             6.4
----------------------------------------------------------------------------------------------------------------


                           Table 17--AC Minimum Approach Distances--169.1 to 242.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.02             3.3             1.37             4.5
1.6............................................            1.06             3.5             1.43             4.7
1.7............................................            1.11             3.6             1.48             4.9
1.8............................................            1.16             3.8             1.54             5.1
1.9............................................            1.21             4.0             1.60             5.2
2.0............................................            1.25             4.1             1.66             5.4
2.1............................................            1.30             4.3             1.73             5.7
2.2............................................            1.35             4.4             1.81             5.9
2.3............................................            1.39             4.6             1.90             6.2
2.4............................................            1.44             4.7             1.99             6.5
2.5............................................            1.49             4.9             2.08             6.8
2.6............................................            1.53             5.0             2.17             7.1
2.7............................................            1.58             5.2             2.26             7.4

[[Page 829]]

 
2.8............................................            1.63             5.3             2.36             7.7
2.9............................................            1.67             5.5             2.45             8.0
3.0............................................            1.72             5.6             2.55             8.4
3.1............................................            1.77             5.8             2.65             8.7
3.2............................................            1.81             5.9             2.76             9.1
3.3............................................            1.88             6.2             2.86             9.4
3.4............................................            1.95             6.4             2.97             9.7
3.5............................................            2.01             6.6             3.08            10.1
----------------------------------------------------------------------------------------------------------------


                           Table 18--AC Minimum Approach Distances--242.1 to 362.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.37             4.5             1.99             6.5
1.6............................................            1.44             4.7             2.13             7.0
1.7............................................            1.51             5.0             2.27             7.4
1.8............................................            1.58             5.2             2.41             7.9
1.9............................................            1.65             5.4             2.56             8.4
2.0............................................            1.72             5.6             2.71             8.9
2.1............................................            1.79             5.9             2.87             9.4
2.2............................................            1.87             6.1             3.03             9.9
2.3............................................            1.97             6.5             3.20            10.5
2.4............................................            2.08             6.8             3.37            11.1
2.5............................................            2.19             7.2             3.55            11.6
2.6............................................            2.29             7.5             3.73            12.2
2.7............................................            2.41             7.9             3.91            12.8
2.8............................................            2.52             8.3             4.10            13.5
2.9............................................            2.64             8.7             4.29            14.1
3.0............................................            2.76             9.1             4.49            14.7
3.1............................................            2.88             9.4             4.69            15.4
3.2............................................            3.01             9.9             4.90            16.1
3.3............................................            3.14            10.3             5.11            16.8
3.4............................................            3.27            10.7             5.32            17.5
3.5............................................            3.41            11.2             5.52            18.1
----------------------------------------------------------------------------------------------------------------


                           Table 19--AC Minimum Approach Distances--362.1 to 420.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.53             5.0             2.40             7.9
1.6............................................            1.62             5.3             2.58             8.5
1.7............................................            1.70             5.6             2.75             9.0
1.8............................................            1.78             5.8             2.94             9.6
1.9............................................            1.88             6.2             3.13            10.3
2.0............................................            1.99             6.5             3.33            10.9
2.1............................................            2.12             7.0             3.53            11.6
2.2............................................            2.24             7.3             3.74            12.3
2.3............................................            2.37             7.8             3.95            13.0
2.4............................................            2.50             8.2             4.17            13.7
2.5............................................            2.64             8.7             4.40            14.4
2.6............................................            2.78             9.1             4.63            15.2
2.7............................................            2.93             9.6             4.87            16.0
2.8............................................            3.07            10.1             5.11            16.8
2.9............................................            3.23            10.6             5.36            17.6
3.0............................................            3.38            11.1             5.59            18.3
3.1............................................            3.55            11.6             5.82            19.1
3.2............................................            3.72            12.2             6.07            19.9
3.3............................................            3.89            12.8             6.31            20.7
3.4............................................            4.07            13.4             6.56            21.5
3.5............................................            4.25            13.9             6.81            22.3
----------------------------------------------------------------------------------------------------------------


[[Page 830]]


                           Table 20--AC Minimum Approach Distances--420.1 to 550.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.95             6.4             3.46            11.4
1.6............................................            2.11             6.9             3.73            12.2
1.7............................................            2.28             7.5             4.02            13.2
1.8............................................            2.45             8.0             4.31            14.1
1.9............................................            2.62             8.6             4.61            15.1
2.0............................................            2.81             9.2             4.92            16.1
2.1............................................            3.00             9.8             5.25            17.2
2.2............................................            3.20            10.5             5.55            18.2
2.3............................................            3.40            11.2             5.86            19.2
2.4............................................            3.62            11.9             6.18            20.3
2.5............................................            3.84            12.6             6.50            21.3
2.6............................................            4.07            13.4             6.83            22.4
2.7............................................            4.31            14.1             7.18            23.6
2.8............................................            4.56            15.0             7.52            24.7
2.9............................................            4.81            15.8             7.88            25.9
3.0............................................            5.07            16.6             8.24            27.0
----------------------------------------------------------------------------------------------------------------


                           Table 21--AC Minimum Approach Distances--550.1 to 800.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            3.16            10.4             5.97            19.6
1.6............................................            3.46            11.4             6.43            21.1
1.7............................................            3.78            12.4             6.92            22.7
1.8............................................            4.12            13.5             7.42            24.3
1.9............................................            4.47            14.7             7.93            26.0
2.0............................................            4.83            15.8             8.47            27.8
2.1............................................            5.21            17.1             9.02            29.6
2.2............................................            5.61            18.4             9.58            31.4
2.3............................................            6.02            19.8            10.16            33.3
2.4............................................            6.44            21.1            10.76            35.3
2.5............................................            6.88            22.6            11.38            37.3
----------------------------------------------------------------------------------------------------------------
Notes to Table 14 through Table 21:
1. The employer must determine the maximum anticipated per-unit transient overvoltage, phase-to-ground, through
  an engineering analysis, as required by Sec.   1910.269(l)(3)(ii), or assume a maximum anticipated per-unit
  transient overvoltage, phase-to-ground, in accordance with Table R-9.
2. For phase-to-phase exposures, the employer must demonstrate that no insulated tool spans the gap and that no
  large conductive object is in the gap.
3. The worksite must be at an elevation of 900 meters (3,000 feet) or less above sea level.

 Appendix C to Sec.  1910.269--Protection From Hazardous Differences in 
                           Electric Potential

                             I. Introduction

    Current passing through an impedance impresses voltage across that 
impedance. Even conductors have some, albeit low, value of impedance. 
Therefore, if a ``grounded'' \1\ object, such as a crane or deenergized 
and grounded power line, results in a ground fault on a power line, 
voltage is impressed on that grounded object. The voltage impressed on 
the grounded object depends largely on the voltage on the line, on the 
impedance of the faulted conductor, and on the impedance to ``true,'' or 
``absolute,'' ground represented by the object. If the impedance of the 
object causing the fault is relatively large, the voltage impressed on 
the object is essentially the phase-to-ground system voltage. However, 
even faults to grounded power lines or to well grounded transmission 
towers or substation structures (which have relatively low values of 
impedance to ground) can result in hazardous voltages.\2\ In all cases, 
the degree of the hazard depends on the magnitude of the current through 
the employee and the time of exposure. This appendix discusses methods 
of protecting workers against the

[[Page 831]]

possibility that grounded objects, such as cranes and other mechanical 
equipment, will contact energized power lines and that deenergized and 
grounded power lines will become accidentally energized.
---------------------------------------------------------------------------

    \1\ This appendix generally uses the term ``grounded'' only with 
respect to grounding that the employer intentionally installs, for 
example, the grounding an employer installs on a deenergized conductor. 
However, in this case, the term ``grounded'' means connected to earth, 
regardless of whether or not that connection is intentional.
    \2\ Thus, grounding systems for transmission towers and substation 
structures should be designed to minimize the step and touch potentials 
involved.
---------------------------------------------------------------------------

                    II. Voltage-Gradient Distribution

    A. Voltage-gradient distribution curve. Absolute, or true, ground 
serves as a reference and always has a voltage of 0 volts above ground 
potential. Because there is an impedance between a grounding electrode 
and absolute ground, there will be a voltage difference between the 
grounding electrode and absolute ground under ground-fault conditions. 
Voltage dissipates from the grounding electrode (or from the grounding 
point) and creates a ground potential gradient. The voltage decreases 
rapidly with increasing distance from the grounding electrode. A voltage 
drop associated with this dissipation of voltage is a ground potential. 
Figure 1 is a typical voltage-gradient distribution curve (assuming a 
uniform soil texture).

[[Page 832]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.028

    B. Step and touch potentials. Figure 1 also shows that workers are 
at risk from step and touch potentials. Step potential is the voltage 
between the feet of a person standing near an energized grounded object 
(the electrode). In Figure 1, the step potential is equal to the 
difference in voltage between two points at different distances from the

[[Page 833]]

electrode (where the points represent the location of each foot in 
relation to the electrode). A person could be at risk of injury during a 
fault simply by standing near the object.
    Touch potential is the voltage between the energized grounded object 
(again, the electrode) and the feet of a person in contact with the 
object. In Figure 1, the touch potential is equal to the difference in 
voltage between the electrode (which is at a distance of 0 meters) and a 
point some distance away from the electrode (where the point represents 
the location of the feet of the person in contact with the object). The 
touch potential could be nearly the full voltage across the grounded 
object if that object is grounded at a point remote from the place where 
the person is in contact with it. For example, a crane grounded to the 
system neutral and that contacts an energized line would expose any 
person in contact with the crane or its uninsulated load line to a touch 
potential nearly equal to the full fault voltage.
    Figure 2 illustrates step and touch potentials.
    [GRAPHIC] [TIFF OMITTED] TR11AP14.029
    

[[Page 834]]



    III. Protecting Workers From Hazardous Differences in Electrical 
                                Potential

    A. Definitions. The following definitions apply to section III of 
this appendix:
    Bond. The electrical interconnection of conductive parts designed to 
maintain a common electric potential.
    Bonding cable (bonding jumper). A cable connected to two conductive 
parts to bond the parts together.
    Cluster bar. A terminal temporarily attached to a structure that 
provides a means for the attachment and bonding of grounding and bonding 
cables to the structure.
    Ground. A conducting connection between an electric circuit or 
equipment and the earth, or to some conducting body that serves in place 
of the earth.
    Grounding cable (grounding jumper). A cable connected between a 
deenergized part and ground. Note that grounding cables carry fault 
current and bonding cables generally do not. A cable that bonds two 
conductive parts but carries substantial fault current (for example, a 
jumper connected between one phase and a grounded phase) is a grounding 
cable.
    Ground mat (grounding grid). A temporarily or permanently installed 
metallic mat or grating that establishes an equipotential surface and 
provides connection points for attaching grounds.
    B. Analyzing the hazard. The employer can use an engineering 
analysis of the power system under fault conditions to determine whether 
hazardous step and touch voltages will develop. The analysis should 
determine the voltage on all conductive objects in the work area and the 
amount of time the voltage will be present. Based on the this analysis, 
the employer can select appropriate measures and protective equipment, 
including the measures and protective equipment outlined in Section III 
of this appendix, to protect each employee from hazardous differences in 
electric potential. For example, from the analysis, the employer will 
know the voltage remaining on conductive objects after employees install 
bonding and grounding equipment and will be able to select insulating 
equipment with an appropriate rating, as described in paragraph III.C.2 
of this appendix.
    C. Protecting workers on the ground. The employer may use several 
methods, including equipotential zones, insulating equipment, and 
restricted work areas, to protect employees on the ground from hazardous 
differences in electrical potential.
    1. An equipotential zone will protect workers within it from 
hazardous step and touch potentials. (See Figure 3.) Equipotential zones 
will not, however, protect employees located either wholly or partially 
outside the protected area. The employer can establish an equipotential 
zone for workers on the ground, with respect to a grounded object, 
through the use of a metal mat connected to the grounded object. The 
employer can use a grounding grid to equalize the voltage within the 
grid or bond conductive objects in the immediate work area to minimize 
the potential between the objects and between each object and ground. 
(Bonding an object outside the work area can increase the touch 
potential to that object, however.) Section III.D of this appendix 
discusses equipotential zones for employees working on deenergized and 
grounded power lines.
    2. Insulating equipment, such as rubber gloves, can protect 
employees handling grounded equipment and conductors from hazardous 
touch potentials. The insulating equipment must be rated for the highest 
voltage that can be impressed on the grounded objects under fault 
conditions (rather than for the full system voltage).
    3. Restricting employees from areas where hazardous step or touch 
potentials could arise can protect employees not directly involved in 
performing the operation. The employer must ensure that employees on the 
ground in the vicinity of transmission structures are at a distance 
where step voltages would be insufficient to cause injury. Employees 
must not handle grounded conductors or equipment likely to become 
energized to hazardous voltages unless the employees are within an 
equipotential zone or protected by insulating equipment.

[[Page 835]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.030

    D. Protecting employees working on deenergized and grounded power 
lines. This Section III.D of Appendix C establishes guidelines to help 
employers comply with requirements in Sec.  1910.269(n) for using 
protective grounding to protect employees working on deenergized power 
lines. Paragraph (n) of Sec.  1910.269 applies to grounding of 
transmission and distribution lines and equipment for the purpose of 
protecting workers. Paragraph (n)(3)

[[Page 836]]

of Sec.  1910.269 requires temporary protective grounds to be placed at 
such locations and arranged in such a manner that the employer can 
demonstrate will prevent exposure of each employee to hazardous 
differences in electric potential.\3\ Sections III.D.1 and III.D.2 of 
this appendix provide guidelines that employers can use in making the 
demonstration required by Sec.  1910.269(n)(3). Section III.D.1 of this 
appendix provides guidelines on how the employer can determine whether 
particular grounding practices expose employees to hazardous differences 
in electric potential. Section III.D.2 of this appendix describes 
grounding methods that the employer can use in lieu of an engineering 
analysis to make the demonstration required by Sec.  1910.269(n)(3). The 
Occupational Safety and Health Administration will consider employers 
that comply with the criteria in this appendix as meeting Sec.  
1910.269(n)(3).
---------------------------------------------------------------------------

    \3\ The protective grounding required by Sec.  1910.269(n) limits to 
safe values the potential differences between accessible objects in each 
employee's work environment. Ideally, a protective grounding system 
would create a true equipotential zone in which every point is at the 
same electric potential. In practice, current passing through the 
grounding and bonding elements creates potential differences. If these 
potential differences are hazardous, the employer may not treat the zone 
as an equipotential zone.
---------------------------------------------------------------------------

    Finally, Section III.D.3 of this appendix discusses other safety 
considerations that will help the employer comply with other 
requirements in Sec.  1910.269(n). Following these guidelines will 
protect workers from hazards that can occur when a deenergized and 
grounded line becomes energized.
    1. Determining safe body current limits. This Section III.D.1 of 
Appendix C provides guidelines on how an employer can determine whether 
any differences in electric potential to which workers could be exposed 
are hazardous as part of the demonstration required by Sec.  
1910.269(n)(3).
    Institute of Electrical and Electronic Engineers (IEEE) Standard 
1048-2003, IEEE Guide for Protective Grounding of Power Lines, provides 
the following equation for determining the threshold of ventricular 
fibrillation when the duration of the electric shock is limited:
[GRAPHIC] [TIFF OMITTED] TR11AP14.031

where I is the current through the worker's body, and t is the duration 
of the current in seconds. This equation represents the ventricular 
fibrillation threshold for 95.5 percent of the adult population with a 
mass of 50 kilograms (110 pounds) or more. The equation is valid for 
current durations between 0.0083 to 3.0 seconds.
    To use this equation to set safe voltage limits in an equipotential 
zone around the worker, the employer will need to assume a value for the 
resistance of the worker's body. IEEE Std 1048-2003 states that ``total 
body resistance is usually taken as 1000 [Omega] for determining . . . 
body current limits.'' However, employers should be aware that the 
impedance of a worker's body can be substantially less than that value. 
For instance, IEEE Std 1048-2003 reports a minimum hand-to-hand 
resistance of 610 ohms and an internal body resistance of 500 ohms. The 
internal resistance of the body better represents the minimum resistance 
of a worker's body when the skin resistance drops near zero, which 
occurs, for example, when there are breaks in the worker's skin, for 
instance, from cuts or from blisters formed as a result of the current 
from an electric shock, or when the worker is wet at the points of 
contact.
    Employers may use the IEEE Std 1048-2003 equation to determine safe 
body current limits only if the employer protects workers from hazards 
associated with involuntary muscle reactions from electric shock (for 
example, the hazard to a worker from falling as a result of an electric 
shock). Moreover, the equation applies only when the duration of the 
electric shock is limited. If the precautions the employer takes, 
including those required by applicable standards, do not adequately 
protect employees from hazards associated with involuntary reactions 
from electric shock, a hazard exists if the induced voltage is 
sufficient to pass a current of 1 milliampere through a 500-ohm 
resistor. (The 500-ohm resistor represents the resistance of an 
employee. The 1-milliampere current is the threshold of perception.) 
Finally, if the employer protects employees from injury due to 
involuntary reactions from electric shock, but the duration of the 
electric shock is unlimited (that is, when the fault current at the work 
location will be insufficient to trip the devices protecting the 
circuit), a hazard exists if the resultant current would

[[Page 837]]

be more than 6 milliamperes (the recognized let-go threshold for workers 
\4\).
---------------------------------------------------------------------------

    \4\ Electric current passing through the body has varying effects 
depending on the amount of the current. At the let-go threshold, the 
current overrides a person's control over his or her muscles. At that 
level, an employee grasping an object will not be able to let go of the 
object. The let-go threshold varies from person to person; however, the 
recognized value for workers is 6 milliamperes.
---------------------------------------------------------------------------

    2. Acceptable methods of grounding for employers that do not perform 
an engineering determination. The grounding methods presented in this 
section of this appendix ensure that differences in electric potential 
are as low as possible and, therefore, meet Sec.  1910.269(n)(3) without 
an engineering determination of the potential differences. These methods 
follow two principles: (i) The grounding method must ensure that the 
circuit opens in the fastest available clearing time, and (ii) the 
grounding method must ensure that the potential differences between 
conductive objects in the employee's work area are as low as possible.
    Paragraph (n)(3) of Sec.  1910.269 does not require grounding 
methods to meet the criteria embodied in these principles. Instead, the 
paragraph requires that protective grounds be ``placed at such locations 
and arranged in such a manner that the employer can demonstrate will 
prevent exposure of each employee to hazardous differences in electric 
potential.'' However, when the employer's grounding practices do not 
follow these two principles, the employer will need to perform an 
engineering analysis to make the demonstration required by Sec.  
1910.269(n)(3).
    i. Ensuring that the circuit opens in the fastest available clearing 
time. Generally, the higher the fault current, the shorter the clearing 
times for the same type of fault. Therefore, to ensure the fastest 
available clearing time, the grounding method must maximize the fault 
current with a low impedance connection to ground. The employer 
accomplishes this objective by grounding the circuit conductors to the 
best ground available at the worksite. Thus, the employer must ground to 
a grounded system neutral conductor, if one is present. A grounded 
system neutral has a direct connection to the system ground at the 
source, resulting in an extremely low impedance to ground. In a 
substation, the employer may instead ground to the substation grid, 
which also has an extremely low impedance to the system ground and, 
typically, is connected to a grounded system neutral when one is 
present. Remote system grounds, such as pole and tower grounds, have a 
higher impedance to the system ground than grounded system neutrals and 
substation grounding grids; however, the employer may use a remote 
ground when lower impedance grounds are not available. In the absence of 
a grounded system neutral, substation grid, and remote ground, the 
employer may use a temporary driven ground at the worksite.
    In addition, if employees are working on a three-phase system, the 
grounding method must short circuit all three phases. Short circuiting 
all phases will ensure faster clearing and lower the current through the 
grounding cable connecting the deenergized line to ground, thereby 
lowering the voltage across that cable. The short circuit need not be at 
the worksite; however, the employer must treat any conductor that is not 
grounded at the worksite as energized because the ungrounded conductors 
will be energized at fault voltage during a fault.
    ii. Ensuring that the potential differences between conductive 
objects in the employee's work area are as low as possible. To achieve 
as low a voltage as possible across any two conductive objects in the 
work area, the employer must bond all conductive objects in the work 
area. This section of this appendix discusses how to create a zone that 
minimizes differences in electric potential between conductive objects 
in the work area.
    The employer must use bonding cables to bond conductive objects, 
except for metallic objects bonded through metal-to-metal contact. The 
employer must ensure that metal-to-metal contacts are tight and free of 
contamination, such as oxidation, that can increase the impedance across 
the connection. For example, a bolted connection between metal lattice 
tower members is acceptable if the connection is tight and free of 
corrosion and other contamination. Figure 4 shows how to create an 
equipotential zone for metal lattice towers.
    Wood poles are conductive objects. The poles can absorb moisture and 
conduct electricity, particularly at distribution and transmission 
voltages. Consequently, the employer must either: (1) Provide a 
conductive platform, bonded to a grounding cable, on which the worker 
stands or (2) use cluster bars to bond wood poles to the grounding 
cable. The employer must ensure that employees install the cluster bar 
below, and close to, the worker's feet. The inner portion of the wood 
pole is more conductive than the outer shell, so it is important that 
the cluster bar be in conductive contact with a metal spike or nail that 
penetrates the wood to a depth greater than or equal to the depth the 
worker's climbing gaffs will penetrate the wood. For example, the 
employer could mount the cluster bar on a bare pole ground wire fastened 
to the pole with nails or staples that penetrate to the required depth. 
Alternatively, the employer may temporarily nail a conductive strap to 
the pole and connect the strap to the cluster bar. Figure 5

[[Page 838]]

shows how to create an equipotential zone for wood poles.
[GRAPHIC] [TIFF OMITTED] TR11AP14.032


[[Page 839]]


[GRAPHIC] [TIFF OMITTED] TR11AP14.033

    For underground systems, employers commonly install grounds at the 
points of disconnection of the underground cables. These grounding 
points are typically remote from the manhole or underground vault where 
employees will be working on the cable. Workers in contact with a cable 
grounded at a remote location can experience hazardous potential 
differences if the cable becomes energized or if a fault occurs on a 
different, but nearby, energized cable. The fault current causes 
potential gradients in the earth, and a potential difference will exist 
between the earth where the worker is standing and the earth where the 
cable is grounded. Consequently, to create an equipotential zone for the 
worker, the employer must provide a means of connecting the deenergized 
cable to

[[Page 840]]

ground at the worksite by having the worker stand on a conductive mat 
bonded to the deenergized cable. If the cable is cut, the employer must 
install a bond across the opening in the cable or install one bond on 
each side of the opening to ensure that the separate cable ends are at 
the same potential. The employer must protect the worker from any 
hazardous differences in potential any time there is no bond between the 
mat and the cable (for example, before the worker installs the bonds).
    3. Other safety-related considerations. To ensure that the grounding 
system is safe and effective, the employer should also consider the 
following factors: \5\
---------------------------------------------------------------------------

    \5\ This appendix only discusses factors that relate to ensuring an 
equipotential zone for employees. The employer must consider other 
factors in selecting a grounding system that is capable of conducting 
the maximum fault current that could flow at the point of grounding for 
the time necessary to clear the fault, as required by Sec.  
1910.269(n)(4)(i). IEEE Std 1048-2003 contains guidelines for selecting 
and installing grounding equipment that will meet Sec.  
1910.269(n)(4)(i).
---------------------------------------------------------------------------

    i. Maintenance of grounding equipment. It is essential that the 
employer properly maintain grounding equipment. Corrosion in the 
connections between grounding cables and clamps and on the clamp surface 
can increase the resistance of the cable, thereby increasing potential 
differences. In addition, the surface to which a clamp attaches, such as 
a conductor or tower member, must be clean and free of corrosion and 
oxidation to ensure a low-resistance connection. Cables must be free of 
damage that could reduce their current-carrying capacity so that they 
can carry the full fault current without failure. Each clamp must have a 
tight connection to the cable to ensure a low resistance and to ensure 
that the clamp does not separate from the cable during a fault.
    ii. Grounding cable length and movement. The electromagnetic forces 
on grounding cables during a fault increase with increasing cable 
length. These forces can cause the cable to move violently during a 
fault and can be high enough to damage the cable or clamps and cause the 
cable to fail. In addition, flying cables can injure workers. 
Consequently, cable lengths should be as short as possible, and 
grounding cables that might carry high fault current should be in 
positions where the cables will not injure workers during a fault.

  Appendix D to Sec.  1910.269--Methods of Inspecting and Testing Wood 
                                  Poles

                             I. Introduction

    When employees are to perform work on a wood pole, it is important 
to determine the condition of the pole before employees climb it. The 
weight of the employee, the weight of equipment to be installed, and 
other working stresses (such as the removal or retensioning of 
conductors) can lead to the failure of a defective pole or a pole that 
is not designed to handle the additional stresses.\1\ For these reasons, 
it is essential that, before an employee climbs a wood pole, the 
employer ascertain that the pole is capable of sustaining the stresses 
of the work. The determination that the pole is capable of sustaining 
these stresses includes an inspection of the condition of the pole.
---------------------------------------------------------------------------

    \1\ A properly guyed pole in good condition should, at a minimum, be 
able to handle the weight of an employee climbing it.
---------------------------------------------------------------------------

    If the employer finds the pole to be unsafe to climb or to work 
from, the employer must secure the pole so that it does not fail while 
an employee is on it. The employer can secure the pole by a line truck 
boom, by ropes or guys, or by lashing a new pole alongside it. If a new 
one is lashed alongside the defective pole, employees should work from 
the new one.

                        II. Inspecting Wood Poles

    A qualified employee should inspect wood poles for the following 
conditions: \2\
---------------------------------------------------------------------------

    \2\ The presence of any of these conditions is an indication that 
the pole may not be safe to climb or to work from. The employee 
performing the inspection must be qualified to make a determination as 
to whether it is safe to perform the work without taking additional 
precautions.
---------------------------------------------------------------------------

    A. General condition. Buckling at the ground line or an unusual 
angle with respect to the ground may indicate that the pole has rotted 
or is broken.
    B. Cracks. Horizontal cracks perpendicular to the grain of the wood 
may weaken the pole. Vertical cracks, although not normally considered 
to be a sign of a defective pole, can pose a hazard to the climber, and 
the employee should keep his or her gaffs away from them while climbing.
    C. Holes. Hollow spots and woodpecker holes can reduce the strength 
of a wood pole.
    D. Shell rot and decay. Rotting and decay are cutout hazards and 
possible indications of the age and internal condition of the pole.
    E. Knots. One large knot or several smaller ones at the same height 
on the pole may be evidence of a weak point on the pole.
    F. Depth of setting. Evidence of the existence of a former ground 
line substantially above the existing ground level may be an

[[Page 841]]

indication that the pole is no longer buried to a sufficient depth.
    G. Soil conditions. Soft, wet, or loose soil around the base of the 
pole may indicate that the pole will not support any change in stress.
    H. Burn marks. Burning from transformer failures or conductor faults 
could damage the pole so that it cannot withstand changes in mechanical 
stress.

                         III. Testing Wood Poles

    The following tests, which are from Sec.  1910.268(n)(3), are 
acceptable methods of testing wood poles:
    A. Hammer test. Rap the pole sharply with a hammer weighing about 
1.4 kg (3 pounds), starting near the ground line and continuing upwards 
circumferentially around the pole to a height of approximately 1.8 
meters (6 feet). The hammer will produce a clear sound and rebound 
sharply when striking sound wood. Decay pockets will be indicated by a 
dull sound or a less pronounced hammer rebound. Also, prod the pole as 
near the ground line as possible using a pole prod or a screwdriver with 
a blade at least 127 millimeters (5 inches) long. If substantial decay 
is present, the pole is unsafe.
    B. Rocking test. Apply a horizontal force to the pole and attempt to 
rock it back and forth in a direction perpendicular to the line. 
Exercise caution to avoid causing power lines to swing together. Apply 
the force to the pole either by pushing it with a pike pole or pulling 
the pole with a rope. If the pole cracks during the test, it is unsafe.

 Appendix E to Sec.  1910.269--Protection From Flames and Electric Arcs

                             I. Introduction

    Paragraph (l)(8) of Sec.  1910.269 addresses protecting employees 
from flames and electric arcs. This paragraph requires employers to: (1) 
Assess the workplace for flame and electric-arc hazards (paragraph 
(l)(8)(i)); (2) estimate the available heat energy from electric arcs to 
which employees would be exposed (paragraph (l)(8)(ii)); (3) ensure that 
employees wear clothing that will not melt, or ignite and continue to 
burn, when exposed to flames or the estimated heat energy (paragraph 
(l)(8)(iii)); and (4) ensure that employees wear flame-resistant 
clothing \1\ and protective clothing and other protective equipment that 
has an arc rating greater than or equal to the available heat energy 
under certain conditions (paragraphs (l)(8)(iv) and (l)(8)(v)). This 
appendix contains information to help employers estimate available heat 
energy as required by Sec.  1910.269(l)(8)(ii), select protective 
clothing and other protective equipment with an arc rating suitable for 
the available heat energy as required by Sec.  1910.269(l)(8)(v), and 
ensure that employees do not wear flammable clothing that could lead to 
burn injury as addressed by Sec. Sec.  1910.269(l)(8)(iii) and 
(l)(8)(iv).
---------------------------------------------------------------------------

    \1\ Flame-resistant clothing includes clothing that is inherently 
flame resistant and clothing chemically treated with a flame retardant. 
(See ASTM F1506-10a, Standard Performance Specification for Flame 
Resistant Textile Materials for Wearing Apparel for Use by Electrical 
Workers Exposed to Momentary Electric Arc and Related Thermal Hazards, 
and ASTM F1891-12 Standard Specification for Arc and Flame Resistant 
Rainwear.)
---------------------------------------------------------------------------

     II. Assessing the Workplace for Flame and Electric-Arc Hazards

    Paragraph (l)(8)(i) of Sec.  1910.269 requires the employer to 
assess the workplace to identify employees exposed to hazards from 
flames or from electric arcs. This provision ensures that the employer 
evaluates employee exposure to flames and electric arcs so that 
employees who face such exposures receive the required protection. The 
employer must conduct an assessment for each employee who performs work 
on or near exposed, energized parts of electric circuits.

                        A. Assessment Guidelines

    Sources electric arcs. Consider possible sources of electric arcs, 
including:
     Energized circuit parts not guarded or insulated,
     Switching devices that produce electric arcs in 
normal operation,
     Sliding parts that could fault during operation 
(for example, rack-mounted circuit breakers), and
     Energized electric equipment that could fail (for 
example, electric equipment with damaged insulation or with evidence of 
arcing or overheating).
    Exposure to flames. Identify employees exposed to hazards from 
flames. Factors to consider include:
     The proximity of employees to open flames, and
     For flammable material in the work area, whether 
there is a reasonable likelihood that an electric arc or an open flame 
can ignite the material.
    Probability that an electric arc will occur. Identify employees 
exposed to electric-arc hazards. The Occupational Safety and Health 
Administration will consider an employee exposed to electric-arc hazards 
if there is a reasonable likelihood that an electric arc will occur in 
the employee's work area, in other words, if the probability of such an 
event is higher than it is for the normal operation of enclosed 
equipment. Factors to consider include:
     For energized circuit parts not guarded or 
insulated, whether conductive objects can

[[Page 842]]

come too close to or fall onto the energized parts,
     For exposed, energized circuit parts, whether the 
employee is closer to the part than the minimum approach distance 
established by the employer (as permitted by Sec.  1910.269(l)(3)(iii)).
     Whether the operation of electric equipment with 
sliding parts that could fault during operation is part of the normal 
operation of the equipment or occurs during servicing or maintenance, 
and
     For energized electric equipment, whether there 
is evidence of impending failure, such as evidence of arcing or 
overheating.

                               B. Examples

    Table 1 provides task-based examples of exposure assessments.

                                 Table 1--Example Assessments for Various Tasks
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                   Task                                    Is employee exposed to flame or
                                                                            electric-arc hazard?
----------------------------------------------------------------------------------------------------------------
Normal operation of enclosed equipment,   The employer properly installs   No.
 such as closing or opening a switch.      and maintains enclosed
                                           equipment, and there is no
                                           evidence of impending failure.
                                          There is evidence of arcing or   Yes.
                                           overheating.
                                          Parts of the equipment are       Yes.
                                           loose or sticking, or the
                                           equipment otherwise exhibits
                                           signs of lack of maintenance.
--------------------------------------------------------------------------
Servicing electric equipment, such as racking in a circuit breaker or      Yes.
 replacing a switch.
-----------------------------------------
Inspection of electric equipment with     The employee is not holding      No.
 exposed energized parts.                  conductive objects and remains
                                           outside the minimum approach
                                           distance established by the
                                           employer.
                                          The employee is holding a        Yes.
                                           conductive object, such as a
                                           flashlight, that could fall or
                                           otherwise contact energized
                                           parts (irrespective of whether
                                           the employee maintains the
                                           minimum approach distance).
                                          The employee is closer than the  Yes.
                                           minimum approach distance
                                           established by the employer
                                           (for example, when wearing
                                           rubber insulating gloves or
                                           rubber insulating gloves and
                                           sleeves).
---------------------------------------------------------------------------
Using open flames, for example, in wiping cable splice sleeves...........  Yes.
----------------------------------------------------------------------------------------------------------------

                   III. Protection Against Burn Injury

                   A. Estimating Available Heat Energy

    Calculation methods. Paragraph (l)(8)(ii) of Sec.  1910.269 provides 
that, for each employee exposed to an electric-arc hazard, the employer 
must make a reasonable estimate of the heat energy to which the employee 
would be exposed if an arc occurs. Table 2 lists various methods of 
calculating values of available heat energy from an electric circuit. 
The Occupational Safety and Health Administration does not endorse any 
of these specific methods. Each method requires the input of various 
parameters, such as fault current, the expected length of the electric 
arc, the distance from the arc to the employee, and the clearing time 
for the fault (that is, the time the circuit protective devices take to 
open the circuit and clear the fault). The employer can precisely 
determine some of these parameters, such as the fault current and the 
clearing time, for a given system. The employer will need to estimate 
other parameters, such as the length of the arc and the distance between 
the arc and the employee, because such parameters vary widely.

  Table 2--Methods of Calculating Incident Heat Energy From an Electric
                                   Arc
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
1. Standard for Electrical Safety Requirements for Employee Workplaces,
 NFPA 70E-2012, Annex D, ``Sample Calculation of Flash Protection
 Boundary.''
2. Doughty, T.E., Neal, T.E., and Floyd II, H.L., ``Predicting Incident
 Energy to Better Manage the Electric Arc Hazard on 600 V Power
 Distribution Systems,'' Record of Conference Papers IEEE IAS 45th
 Annual Petroleum and Chemical Industry Conference, September 28-30,
 1998.

[[Page 843]]

 
3. Guide for Performing Arc-Flash Hazard Calculations, IEEE Std 1584-
 2002, 1584a-2004 (Amendment 1 to IEEE Std 1584-2002), and 1584b-2011
 (Amendment 2: Changes to Clause 4 of IEEE Std 1584-2002).*
4. ARCPRO, a commercially available software program developed by
 Kinectrics, Toronto, ON, CA.
------------------------------------------------------------------------
* This appendix refers to IEEE Std 1584-2002 with both amendments as
  IEEE Std 1584b-2011.

    The amount of heat energy calculated by any of the methods is 
approximately inversely proportional to the square of the distance 
between the employee and the arc. In other words, if the employee is 
very close to the arc, the heat energy is very high; but if the employee 
is just a few more centimeters away, the heat energy drops 
substantially. Thus, estimating the distance from the arc to the 
employee is key to protecting employees.
    The employer must select a method of estimating incident heat energy 
that provides a reasonable estimate of incident heat energy for the 
exposure involved. Table 3 shows which methods provide reasonable 
estimates for various exposures.

                                         Table 3--Selecting a Reasonable Incident-Energy Calculation Method \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             600 V and Less \2\                       601 V to 15 kV \2\                      More than 15 kV
   Incident-energy calculation   -----------------------------------------------------------------------------------------------------------------------
             method                  1[Phi]        3[Phi]a       3[Phi]b       1[Phi]      3[Phi]a      3[Phi]b       1[Phi]      3[Phi]a      3[Phi]b
--------------------------------------------------------------------------------------------------------------------------------------------------------
NFPA 70E-2012 Annex D (Lee        Y-C           Y             N             Y-C          Y-C          N            N \3\        N \3\        N \3\
 equation).
Doughty, Neal, and Floyd........  Y-C           Y             Y             N            N            N            N            N            N
IEEE Std 1584b-2011.............  Y             Y             Y             Y            Y            Y            N            N            N
ARCPRO..........................  Y             N             N             Y            N            N            Y            Y \4\        Y \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key:
1[Phi]: Single-phase arc in open air.
3[Phi]a: Three-phase arc in open air.
3[Phi]b: Three-phase arc in an enclosure (box).
Y: Acceptable; produces a reasonable estimate of incident heat energy from this type of electric arc.
N: Not acceptable; does not produce a reasonable estimate of incident heat energy from this type of electric arc.
Y-C: Acceptable; produces a reasonable, but conservative, estimate of incident heat energy from this type of electric arc.
Notes:
\1\ Although the Occupational Safety and Health Administration will consider these methods reasonable for enforcement purposes when employers use the
  methods in accordance with this table, employers should be aware that the listed methods do not necessarily result in estimates that will provide full
  protection from internal faults in transformers and similar equipment or from arcs in underground manholes or vaults.
\2\ At these voltages, the presumption is that the arc is three-phase unless the employer can demonstrate that only one phase is present or that the
  spacing of the phases is sufficient to prevent a multiphase arc from occurring.
\3\ Although the Occupational Safety and Health Administration will consider this method acceptable for purposes of assessing whether incident energy
  exceeds 2.0 cal/cm\2\, the results at voltages of more than 15 kilovolts are extremely conservative and unrealistic.
\4\ The Occupational Safety and Health Administration will deem the results of this method reasonable when the employer adjusts them using the
  conversion factors for three-phase arcs in open air or in an enclosure, as indicated in the program's instructions.

    Selecting a reasonable distance from the employee to the arc. In 
estimating available heat energy, the employer must make some reasonable 
assumptions about how far the employee will be from the electric arc. 
Table 4 lists reasonable distances from the employee to the electric 
arc. The distances in Table 4 are consistent with national consensus 
standards, such as the Institute of Electrical and Electronic Engineers' 
National Electrical Safety Code, ANSI/IEEE C2-2012, and IEEE Guide for 
Performing Arc-Flash Hazard Calculations, IEEE Std 1584b-2011. The 
employer is free to use other reasonable distances, but must consider 
equipment enclosure size and the working distance to the employee in 
selecting a distance from the employee to the arc. The Occupational 
Safety and Health Administration will consider a distance reasonable 
when the employer bases it on equipment size and working distance.

[[Page 844]]



                 Table 4--Selecting a Reasonable Distance From the Employee to the Electric Arc
----------------------------------------------------------------------------------------------------------------
                                                                  Single-phase arc mm       Three-phase arc mm
                      Class of equipment                                (inches)                 (inches)
----------------------------------------------------------------------------------------------------------------
Cable.........................................................                     * NA                 455 (18)
Low voltage MCCs and panelboards..............................                       NA                 455 (18)
Low-voltage switchgear........................................                       NA                 610 (24)
5-kV switchgear...............................................                       NA                 910 (36)
15-kV switchgear..............................................                       NA                 910 (36)
Single conductors in air (up to 46 kilovolts), work with                       380 (15)                       NA
 rubber insulating gloves.....................................
Single conductors in air, work with live-line tools and live-     MAD - (2 x kV x 2.54)                       NA
 line barehand work...........................................     (MAD - (2 x kV /10))
                                                                               [dagger]
----------------------------------------------------------------------------------------------------------------
* NA = not applicable.
[dagger] The terms in this equation are:
MAD = The applicable minimum approach distance, and
kV = The system voltage in kilovolts.

    Selecting a reasonable arc gap. For a single-phase arc in air, the 
electric arc will almost always occur when an energized conductor 
approaches too close to ground. Thus, an employer can determine the arc 
gap, or arc length, for these exposures by the dielectric strength of 
air and the voltage on the line. The dielectric strength of air is 
approximately 10 kilovolts for every 25.4 millimeters (1 inch). For 
example, at 50 kilovolts, the arc gap would be 50 / 10 x 25.4 (or 50 x 
2.54), which equals 127 millimeters (5 inches).
    For three-phase arcs in open air and in enclosures, the arc gap will 
generally be dependent on the spacing between parts energized at 
different electrical potentials. Documents such as IEEE Std 1584b-2011 
provide information on these distances. Employers may select a 
reasonable arc gap from Table 5, or they may select any other reasonable 
arc gap based on sparkover distance or on the spacing between (1) live 
parts at different potentials or (2) live parts and grounded parts (for 
example, bus or conductor spacings in equipment). In any event, the 
employer must use an estimate that reasonably resembles the actual 
exposures faced by the employee.

                                     Table 5--Selecting a Reasonable Arc Gap
----------------------------------------------------------------------------------------------------------------
        Class of equipment              Single-phase arc mm (inches)          Three-phase arc mm \1\ (inches)
----------------------------------------------------------------------------------------------------------------
Cable............................  NA \2\................................  13 (0.5).
Low voltage MCCs and panelboards.  NA....................................  25 (1.0).
Low-voltage switchgear...........  NA....................................  32 (1.25).
5-kV switchgear..................  NA....................................  104 (4.0).
15-kV switchgear.................  NA....................................  152 (6.0).
Single conductors in air, 15 kV    51 (2.0)..............................  Phase conductor spacing.
 and less..
Single conductor in air, more      Voltage in kV x 2.54..................  Phase conductor spacing.
 than 15 kV.                       (Voltage in kV x 0.1), but no less
                                    than 51 mm (2 inches).
----------------------------------------------------------------------------------------------------------------
\1\ Source: IEEE Std 1584b-2011.
\2\ NA = not applicable.

    Making estimates over multiple system areas. The employer need not 
estimate the heat-energy exposure for every job task performed by each 
employee. Paragraph (l)(8)(ii) of Sec.  1910.269 permits the employer to 
make broad estimates that cover multiple system areas provided that: (1) 
The employer uses reasonable assumptions about the energy-exposure 
distribution throughout the system, and (2) the estimates represent the 
maximum exposure for those areas. For example, the employer can use the 
maximum fault current and clearing time to cover several system areas at 
once.
    Incident heat energy for single-phase-to-ground exposures. Table 6 
and Table 7 provide incident heat energy levels for open-air, phase-to-
ground electric-arc exposures typical for overhead systems.\2\ Table 6 
presents estimates of available energy for employees using rubber 
insulating gloves to perform work on overhead systems operating at 4 to 
46 kilovolts. The table assumes that the employee will be 380 
millimeters (15 inches) from the electric arc, which is a reasonable

[[Page 845]]

estimate for rubber insulating glove work. Table 6 also assumes that the 
arc length equals the sparkover distance for the maximum transient 
overvoltage of each voltage range.\3\ To use the table, an employer 
would use the voltage, maximum fault current, and maximum clearing time 
for a system area and, using the appropriate voltage range and fault-
current and clearing-time values corresponding to the next higher values 
listed in the table, select the appropriate heat energy (4, 5, 8, or 12 
cal/cm\2\) from the table. For example, an employer might have a 12,470-
volt power line supplying a system area. The power line can supply a 
maximum fault current of 8 kiloamperes with a maximum clearing time of 
10 cycles. For rubber glove work, this system falls in the 4.0-to-15.0-
kilovolt range; the next-higher fault current is 10 kA (the second row 
in that voltage range); and the clearing time is under 18 cycles (the 
first column to the right of the fault current column). Thus, the 
available heat energy for this part of the system will be 4 cal/cm\2\ or 
less (from the column heading), and the employer could select protection 
with a 5-cal/cm\2\ rating to meet Sec.  1910.269(l)(8)(v). 
Alternatively, an employer could select a base incident-energy value and 
ensure that the clearing times for each voltage range and fault current 
listed in the table do not exceed the corresponding clearing time 
specified in the table. For example, an employer that provides employees 
with arc-flash protective equipment rated at 8 cal/cm\2\ can use the 
table to determine if any system area exceeds 8 cal/cm\2\ by checking 
the clearing time for the highest fault current for each voltage range 
and ensuring that the clearing times do not exceed the values specified 
in the 8-cal/cm\2\ column in the table.
---------------------------------------------------------------------------

    \2\ The Occupational Safety and Health Administration used metric 
values to calculate the clearing times in Table 6 and Table 7. An 
employer may use English units to calculate clearing times instead even 
though the results will differ slightly.
    \3\ The Occupational Safety and Health Administration based this 
assumption, which is more conservative than the arc length specified in 
Table 5, on Table 410-2 of the 2012 NESC.
---------------------------------------------------------------------------

    Table 7 presents similar estimates for employees using live-line 
tools to perform work on overhead systems operating at voltages of 4 to 
800 kilovolts. The table assumes that the arc length will be equal to 
the sparkover distance \4\ and that the employee will be a distance from 
the arc equal to the minimum approach distance minus twice the sparkover 
distance.
---------------------------------------------------------------------------

    \4\ The dielectric strength of air is about 10 kilovolts for every 
25.4 millimeters (1 inch). Thus, the employer can estimate the arc 
length in millimeters to be the phase-to-ground voltage in kilovolts 
multiplied by 2.54 (or voltage (in kilovolts) x 2.54).
---------------------------------------------------------------------------

    The employer will need to use other methods for estimating available 
heat energy in situations not addressed by Table 6 or Table 7. The 
calculation methods listed in Table 2 and the guidance provided in Table 
3 will help employers do this. For example, employers can use IEEE Std 
1584b-2011 to estimate the available heat energy (and to select 
appropriate protective equipment) for many specific conditions, 
including lower-voltage, phase-to-phase arc, and enclosed arc exposures.

Table 6--Incident Heat Energy for Various Fault Currents, Clearing Times, and Voltages of 4.0 to 46.0 kV: Rubber
         Insulating Glove Exposures Involving Phase-to-Ground Arcs in Open Air Only * [dagger] [Dagger]
----------------------------------------------------------------------------------------------------------------
                                                                  Maximum clearing time (cycles)
      Voltage range (kV) **        Fault current ---------------------------------------------------------------
                                       (kA)         4 cal/cm\2\     5 cal/cm\2\     8 cal/cm\2\    12 cal/cm\2\
----------------------------------------------------------------------------------------------------------------
4.0 to 15.0.....................               5              46              58              92             138
                                              10              18              22              36              54
                                              15              10              12              20              30
                                              20               6               8              13              19
15.1 to 25.0....................               5              28              34              55              83
                                              10              11              14              23              34
                                              15               7               8              13              20
                                              20               4               5               9              13
25.1 to 36.0....................               5              21              26              42              62
                                              10               9              11              18              26
                                              15               5               6              10              16
                                              20               4               4               7              11
36.1 to 46.0....................               5              16              20              32              48
                                              10               7               9              14              21
                                              15               4               5               8              13
                                              20               3               4               6               9
----------------------------------------------------------------------------------------------------------------
Notes:* This table is for open-air, phase-to-ground electric-arc exposures. It is not for phase-to-phase arcs or
  enclosed arcs (arc in a box).
[dagger] The table assumes that the employee will be 380 mm (15 in.) from the electric arc. The table also
  assumes the arc length to be the sparkover distance for the maximum transient overvoltage of each voltage
  range (see Appendix B to Sec.   1910.269), as follows:
4.0 to 15.0 kV 51 mm (2 in.)

[[Page 846]]

 
15.1 to 25.0 kV 102 mm (4 in.)
25.1 to 36.0 kV 152 mm (6 in.)
36.1 to 46.0 kV 229 mm (9 in.)
[Dagger]The Occupational Safety and Health Administration calculated the values in this table using the ARCPRO
  method listed in Table 2.
** The voltage range is the phase-to-phase system voltage.


Table 7--Incident Heat Energy for Various Fault Currents, Clearing Times, and Voltages: Live-Line Tool Exposures
                      Involving Phase-to-Ground Arcs in Open Air Only * [dagger] [Dagger] 
----------------------------------------------------------------------------------------------------------------
                                                                  Maximum clearing time (cycles)
      Voltage range (kV) **        Fault current ---------------------------------------------------------------
                                       (kA)         4 cal/cm\2\     5 cal/cm\2\     8 cal/cm\2\    12 cal/cm\2\
----------------------------------------------------------------------------------------------------------------
4.0 to 15.0.....................               5             197             246             394             591
                                              10              73              92             147             220
                                              15              39              49              78             117
                                              20              24              31              49              73
15.1 to 25.0....................               5             197             246             394             591
                                              10              75              94             150             225
                                              15              41              51              82             122
                                              20              26              33              52              78
25.1 to 36.0....................               5             138             172             275             413
                                              10              53              66             106             159
                                              15              30              37              59              89
                                              20              19              24              38              58
36.1 to 46.0....................               5             129             161             257             386
                                              10              51              64             102             154
                                              15              29              36              58              87
                                              20              19              24              38              57
46.1 to 72.5....................              20              18              23              36              55
                                              30              10              13              20              30
                                              40               6               8              13              19
                                              50               4               6               9              13
72.6 to 121.0...................              20              10              12              20              30
                                              30               6               7              11              17
                                              40               4               5               7              11
                                              50               3               3               5               8
121.1 to 145.0..................              20              12              15              24              35
                                              30               7               9              15              22
                                              40               5               6              10              15
                                              50               4               5               8              11
145.1 to 169.0..................              20              12              15              24              36
                                              30               7               9              15              22
                                              40               5               7              10              16
                                              50               4               5               8              12
169.1 to 242.0..................              20              13              17              27              40
                                              30               8              10              17              25
                                              40               6               7              12              17
                                              50               4               5               9              13
242.1 to 362.0..................              20              25              32              51              76
                                              30              16              19              31              47
                                              40              11              14              22              33
                                              50               8              10              16              25
362.1 to 420.0..................              20              12              15              25              37
                                              30               8              10              15              23
                                              40               5               7              11              16
                                              50               4               5               8              12
420.1 to 550.0..................              20              23              29              47              70
                                              30              14              18              29              43
                                              40              10              13              20              30
                                              50               8               9              15              23
550.1 to 800.0..................              20              25              31              50              75
                                              30              15              19              31              46
                                              40              11              13              21              32
                                              50               8              10              16              24
----------------------------------------------------------------------------------------------------------------
Notes:
* This table is for open-air, phase-to-ground electric-arc exposures. It is not for phase-to-phase arcs or
  enclosed arcs (arc in a box).
[dagger] The table assumes the arc length to be the sparkover distance for the maximum phase-to-ground voltage
  of each voltage range (see Appendix B to this section). The table also assumes that the employee will be the
  minimum approach distance minus twice the arc length from the electric arc.
[Dagger] The Occupational Safety and Health Administration calculated the values in this table using the ARCPRO
  method listed in Table 2.
 For voltages of more than 72.6 kV, employers may use this table only when the minimum approach distance
  established under Sec.   1910.269(l)(3)(i) is greater than or equal to the following values:

[[Page 847]]

 
72.6 to 121.0 kV 1.02 m.
121.1 to 145.0 kV 1.16 m.
145.1 to 169.0 kV 1.30 m.
169.1 to 242.0 kV 1.72 m.
242.1 to 362.0 kV 2.76 m.
362.1 to 420.0 kV 2.50 m.
420.1 to 550.0 kV 3.62 m.
550.1 to 800.0 kV 4.83 m.
** The voltage range is the phase-to-phase system voltage.

     B. Selecting Protective Clothing and Other Protective Equipment

    Paragraph (l)(8)(v) of Sec.  1910.269 requires employers, in certain 
situations, to select protective clothing and other protective equipment 
with an arc rating that is greater than or equal to the incident heat 
energy estimated under Sec.  1910.269(l)(8)(ii). Based on laboratory 
testing required by ASTM F1506-10a, the expectation is that protective 
clothing with an arc rating equal to the estimated incident heat energy 
will be capable of preventing second-degree burn injury to an employee 
exposed to that incident heat energy from an electric arc. Note that 
actual electric-arc exposures may be more or less severe than the 
estimated value because of factors such as arc movement, arc length, 
arcing from reclosing of the system, secondary fires or explosions, and 
weather conditions. Additionally, for arc rating based on the fabric's 
arc thermal performance value \5\ (ATPV), a worker exposed to incident 
energy at the arc rating has a 50-percent chance of just barely 
receiving a second-degree burn. Therefore, it is possible (although not 
likely) that an employee will sustain a second-degree (or worse) burn 
wearing clothing conforming to Sec.  1910.269(l)(8)(v) under certain 
circumstances. However, reasonable employer estimates and maintaining 
appropriate minimum approach distances for employees should limit burns 
to relatively small burns that just barely extend beyond the epidermis 
(that is, just barely a second-degree burn). Consequently, protective 
clothing and other protective equipment meeting Sec.  1910.269(l)(8)(v) 
will provide an appropriate degree of protection for an employee exposed 
to electric-arc hazards.
---------------------------------------------------------------------------

    \5\ ASTM F1506-10a defines ``arc thermal performance value'' as 
``the incident energy on a material or a multilayer system of materials 
that results in a 50% probability that sufficient heat transfer through 
the tested specimen is predicted to cause the onset of a second-degree 
skin burn injury based on the Stoll [footnote] curve, cal/cm\2\.'' The 
footnote to this definition reads: ``Derived from: Stoll, A. M., and 
Chianta, M. A., `Method and Rating System for Evaluations of Thermal 
Protection,' Aerospace Medicine, Vol 40, 1969, pp. 1232-1238 and Stoll, 
A. M., and Chianta, M. A., `Heat Transfer through Fabrics as Related to 
Thermal Injury,' Transactions--New York Academy of Sciences, Vol 33(7), 
Nov. 1971, pp. 649-670.''
---------------------------------------------------------------------------

    Paragraph (l)(8)(v) of Sec.  1910.269 does not require arc-rated 
protection for exposures of 2 cal/cm\2\ or less. Untreated cotton 
clothing will reduce a 2-cal/cm\2\ exposure below the 1.2- to 1.5-cal/
cm\2\ level necessary to cause burn injury, and this material should not 
ignite at such low heat energy levels. Although Sec.  1910.269(l)(8)(v) 
does not require clothing to have an arc rating when exposures are 2 
cal/cm\2\ or less, Sec.  1910.269(l)(8)(iv) requires the outer layer of 
clothing to be flame resistant under certain conditions, even when the 
estimated incident heat energy is less than 2 cal/cm\2\, as discussed 
later in this appendix. Additionally, it is especially important to 
ensure that employees do not wear undergarments made from fabrics listed 
in the note to Sec.  1910.269(l)(8)(iii) even when the outer layer is 
flame resistant or arc rated. These fabrics can melt or ignite easily 
when an electric arc occurs. Logos and name tags made from non-flame-
resistant material can adversely affect the arc rating or the flame-
resistant characteristics of arc-rated or flame-resistant clothing. Such 
logos and name tags may violate Sec.  1910.269(l)(8)(iii), (l)(8)(iv), 
or (l)(8)(v).
    Paragraph (l)(8)(v) of Sec.  1910.269 requires that arc-rated 
protection cover the employee's entire body, with limited exceptions for 
the employee's hands, feet, face, and head. Paragraph (l)(8)(v)(A) of 
Sec.  1910.269 provides that arc-rated protection is not necessary for 
the employee's hands under the following conditions:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
For any estimated incident heat energy....  When the employee is wearing
                                             rubber insulating gloves
                                             with protectors.
If the estimated incident heat energy does  When the employee is wearing
 not exceed 14 cal/cm\2\.                    heavy-duty leather work
                                             gloves with a weight of at
                                             least 407 gm/m\2\ (12 oz/
                                             yd\2\).
------------------------------------------------------------------------

Paragraph (l)(8)(v)(B) of Sec.  1910.269 provides that arc-rated 
protection is not necessary for the employee's feet when the employee is 
wearing heavy-duty work shoes or boots. Finally, Sec.  
1910.269(l)(8)(v)(C), (l)(8)(v)(D), and (l)(8)(v)(E) require arc-rated 
head and face protection as follows:

[[Page 848]]


----------------------------------------------------------------------------------------------------------------
                                                         Minimum head and face protection
                                 -------------------------------------------------------------------------------
                                                            Arc-rated
            Exposure                                    faceshield with a     Arc-rated hood or faceshield with
                                         None *        minimum rating of 8                balaclava
                                                            cal/cm\2\*
----------------------------------------------------------------------------------------------------------------
Single-phase, open air..........  2-8 cal/cm\2\......  9-12 cal/cm\2\.....  13 cal/cm\2\ or higher [dagger].
Three-phase.....................  2-4 cal/cm\2\......  5-8 cal/cm\2\......  9 cal/cm\2\ or higher [Dagger].
----------------------------------------------------------------------------------------------------------------
* These ranges assume that employees are wearing hardhats meeting the specifications in Sec.   1910.135 or Sec.
   1926.100(b)(2), as applicable.
[dagger] The arc rating must be a minimum of 4 cal/cm\2\ less than the estimated incident energy. Note that Sec.
    1910.269(l)(8)(v)(E) permits this type of head and face protection, with a minimum arc rating of 4 cal/cm\2\
  less than the estimated incident energy, at any incident energy level.
[Dagger] Note that Sec.   1910.269(l)(8)(v) permits this type of head and face protection at any incident energy
  level.

                     IV. Protection Against Ignition

    Paragraph (l)(8)(iii) of Sec.  1910.269 prohibits clothing that 
could melt onto an employee's skin or that could ignite and continue to 
burn when exposed to flames or to the available heat energy estimated by 
the employer under Sec.  1910.269(l)(8)(ii). Meltable fabrics, such as 
acetate, nylon, polyester, and polypropylene, even in blends, must be 
avoided. When these fibers melt, they can adhere to the skin, thereby 
transferring heat rapidly, exacerbating burns, and complicating 
treatment. These outcomes can result even if the meltable fabric is not 
directly next to the skin. The remainder of this section focuses on the 
prevention of ignition.
    Paragraph (l)(8)(v) of Sec.  1910.269 generally requires protective 
clothing and other protective equipment with an arc rating greater than 
or equal to the employer's estimate of available heat energy. As 
explained earlier in this appendix, untreated cotton is usually 
acceptable for exposures of 2 cal/cm\2\ or less.\6\ If the exposure is 
greater than that, the employee generally must wear flame-resistant 
clothing with a suitable arc rating in accordance with Sec.  
1910.269(l)(8)(iv) and (l)(8)(v). However, even if an employee is 
wearing a layer of flame-resistant clothing, there are circumstances 
under which flammable layers of clothing would be uncovered, and an 
electric arc could ignite them. For example, clothing ignition is 
possible if the employee is wearing flammable clothing under the flame-
resistant clothing and the underlayer is uncovered because of an opening 
in the flame-resistant clothing. Thus, for purposes of Sec.  
1910.269(l)(8)(iii), it is important for the employer to consider the 
possibility of clothing ignition even when an employee is wearing flame-
resistant clothing with a suitable arc rating.
---------------------------------------------------------------------------

    \6\ See Sec.  1910.269(l)(8)(iv)(A), (l)(8)(iv)(B), and 
(l)(8)(iv)(C) for conditions under which employees must wear flame-
resistant clothing as the outer layer of clothing even when the incident 
heat energy does not exceed 2 cal/cm\2\.
---------------------------------------------------------------------------

    Under Sec.  1910.269(l)(8)(iii), employees may not wear flammable 
clothing in conjunction with flame-resistant clothing if the flammable 
clothing poses an ignition hazard.\7\ Although outer flame-resistant 
layers may not have openings that expose flammable inner layers, when an 
outer flame-resistant layer would be unable to resist breakopen,\8\ the 
next (inner) layer must be flame-resistant if it could ignite.
---------------------------------------------------------------------------

    \7\ Paragraph (l)(8)(iii) of Sec.  1910.269 prohibits clothing that 
could ignite and continue to burn when exposed to the heat energy 
estimated under paragraph (l)(8)(ii) of that section.
    \8\ Breakopen occurs when a hole, tear, or crack develops in the 
exposed fabric such that the fabric no longer effectively blocks 
incident heat energy.
---------------------------------------------------------------------------

    Non-flame-resistant clothing can ignite even when the heat energy 
from an electric arc is insufficient to ignite the clothing. For 
example, nearby flames can ignite an employee's clothing; and, even in 
the absence of flames, electric arcs pose ignition hazards beyond the 
hazard of ignition from incident energy under certain conditions. In 
addition to requiring flame-resistant clothing when the estimated 
incident energy exceeds 2.0 cal/cm\2\, Sec.  1910.269(l)(8)(iv) requires 
flame-resistant clothing when: The employee is exposed to contact with 
energized circuit parts operating at more than 600 volts (Sec.  
1910.269(l)(8)(iv)(A)), an electric arc could ignite flammable material 
in the work area that, in turn, could ignite the employee's clothing 
(Sec.  1910.269(l)(8)(iv)(B)), and molten metal or electric arcs from 
faulted conductors in the work area could ignite the employee's clothing 
(Sec.  1910.269(l)(8)(iv)(C)). For example, grounding conductors can 
become a source of heat energy if they cannot carry fault current 
without failure. The employer must consider these possible sources of 
electric arcs \9\ in determining whether the employee's clothing could 
ignite under Sec.  1910.269(l)(8)(iv)(C).
---------------------------------------------------------------------------

    \9\ Static wires and pole grounds are examples of grounding 
conductors that might not be capable of carrying fault current without 
failure. Grounds that can carry the maximum available fault current are 
not a concern, and employers need not consider such grounds a possible 
electric arc source.

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

[[Page 849]]

  Appendix F to Sec.  1910.269--Work-Positioning Equipment Inspection 
                               Guidelines

                              I. Body Belts

    Inspect body belts to ensure that:
    A. The hardware has no cracks, nicks, distortion, or corrosion;
    B. No loose or worn rivets are present;
    C. The waist strap has no loose grommets;
    D. The fastening straps are not 100-percent leather; and
    E. No worn materials that could affect the safety of the user are 
present.

                         II. Positioning Straps

    Inspect positioning straps to ensure that:
    A. The warning center of the strap material is not exposed;
    B. No cuts, burns, extra holes, or fraying of strap material is 
present;
    C. Rivets are properly secured;
    D. Straps are not 100-percent leather; and
    E. Snaphooks do not have cracks, burns, or corrosion.

                              III. Climbers

    Inspect pole and tree climbers to ensure that:
    A. Gaffs are at least as long as the manufacturer's recommended 
minimums (generally 32 and 51 millimeters (1.25 and 2.0 inches) for pole 
and tree climbers, respectively, measured on the underside of the gaff);

    Note: Gauges are available to assist in determining whether gaffs 
are long enough and shaped to easily penetrate poles or trees.

    B. Gaffs and leg irons are not fractured or cracked;
    C. Stirrups and leg irons are free of excessive wear;
    D. Gaffs are not loose;
    E. Gaffs are free of deformation that could adversely affect use;
    F. Gaffs are properly sharpened; and
    G. There are no broken straps or buckles.

            Appendix G to Sec.  1910.269--Reference Documents

    The references contained in this appendix provide information that 
can be helpful in understanding and complying with the requirements 
contained in Sec.  1910.269. The national consensus standards referenced 
in this appendix contain detailed specifications that employers may 
follow in complying with the more performance-based requirements of 
Sec.  1910.269. Except as specifically noted in Sec.  1910.269, however, 
the Occupational Safety and Health Administration will not necessarily 
deem compliance with the national consensus standards to be compliance 
with the provisions of Sec.  1910.269.

ANSI/SIA A92.2-2009, American National Standard for Vehicle-Mounted 
          Elevating and Rotating Aerial Devices.
ANSI Z133-2012, American National Standard Safety Requirements for 
          Arboricultural Operations--Pruning, Trimming, Repairing, 
          Maintaining, and Removing Trees, and Cutting Brush.
ANSI/IEEE Std 935-1989, IEEE Guide on Terminology for Tools and 
          Equipment to Be Used in Live Line Working.
ASME B20.1-2012, Safety Standard for Conveyors and Related Equipment.
ASTM D120-09, Standard Specification for Rubber Insulating Gloves.
ASTM D149-09 (2013), Standard Test Method for Dielectric Breakdown 
          Voltage and Dielectric Strength of Solid Electrical Insulating 
          Materials at Commercial Power Frequencies.
ASTM D178-01 (2010), Standard Specification for Rubber Insulating 
          Matting.
ASTM D1048-12, Standard Specification for Rubber Insulating Blankets.
ASTM D1049-98 (2010), Standard Specification for Rubber Insulating 
          Covers.
ASTM D1050-05 (2011), Standard Specification for Rubber Insulating Line 
          Hose.
ASTM D1051-08, Standard Specification for Rubber Insulating Sleeves.
ASTM F478-09, Standard Specification for In-Service Care of Insulating 
          Line Hose and Covers.
ASTM F479-06 (2011), Standard Specification for In-Service Care of 
          Insulating Blankets.
ASTM F496-08, Standard Specification for In-Service Care of Insulating 
          Gloves and Sleeves.
ASTM F711-02 (2007), Standard Specification for Fiberglass-Reinforced 
          Plastic (FRP) Rod and Tube Used in Live Line Tools.
ASTM F712-06 (2011), Standard Test Methods and Specifications for 
          Electrically Insulating Plastic Guard Equipment for Protection 
          of Workers.
ASTM F819-10, Standard Terminology Relating to Electrical Protective 
          Equipment for Workers.
ASTM F855-09, Standard Specifications for Temporary Protective Grounds 
          to Be Used on De-energized Electric Power Lines and Equipment.
ASTM F887-12\e1\, Standard Specifications for Personal Climbing 
          Equipment.
ASTM F914/F914M-10, Standard Test Method for Acoustic Emission for 
          Aerial Personnel Devices Without Supplemental Load Handling 
          Attachments.
ASTM F1116-03 (2008), Standard Test Method for Determining Dielectric 
          Strength of Dielectric Footwear.
ASTM F1117-03 (2008), Standard Specification for Dielectric Footwear.
ASTM F1236-96 (2012), Standard Guide for Visual Inspection of Electrical 
          Protective Rubber Products.

[[Page 850]]

ASTM F1430/F1430M-10, Standard Test Method for Acoustic Emission Testing 
          of Insulated and Non-Insulated Aerial Personnel Devices with 
          Supplemental Load Handling Attachments.
ASTM F1505-10, Standard Specification for Insulated and Insulating Hand 
          Tools.
ASTM F1506-10a, Standard Performance Specification for Flame Resistant 
          and Arc Rated Textile Materials for Wearing Apparel for Use by 
          Electrical Workers Exposed to Momentary Electric Arc and 
          Related Thermal Hazards.
ASTM F1564-13, Standard Specification for Structure-Mounted Insulating 
          Work Platforms for Electrical Workers.
ASTM F1701-12, Standard Specification for Unused Polypropylene Rope with 
          Special Electrical Properties.
ASTM F1742-03 (2011), Standard Specification for PVC Insulating 
          Sheeting.
ASTM F1796-09, Standard Specification for High Voltage Detectors--Part 1 
          Capacitive Type to be Used for Voltages Exceeding 600 Volts 
          AC.
ASTM F1797-09[epsi]\1\, Standard Test Method for Acoustic Emission 
          Testing of Insulated and Non-Insulated Digger Derricks.
ASTM F1825-03 (2007), Standard Specification for Clampstick Type Live 
          Line Tools.
ASTM F1826-00 (2011), Standard Specification for Live Line and Measuring 
          Telescoping Tools.
ASTM F1891-12, Standard Specification for Arc and Flame Resistant 
          Rainwear.
ASTM F1958/F1958M-12, Standard Test Method for Determining the 
          Ignitability of Non-flame-Resistant Materials for Clothing by 
          Electric Arc Exposure Method Using Mannequins.
ASTM F1959/F1959M-12, Standard Test Method for Determining the Arc 
          Rating of Materials for Clothing.
IEEE Stds 4-1995, 4a-2001 (Amendment to IEEE Standard Techniques for 
          High-Voltage Testing), IEEE Standard Techniques for High-
          Voltage Testing.
IEEE Std 62-1995, IEEE Guide for Diagnostic Field Testing of Electric 
          Power Apparatus--Part 1: Oil Filled Power Transformers, 
          Regulators, and Reactors.
IEEE Std 80-2000, Guide for Safety in AC Substation Grounding.
IEEE Std 100-2000, The Authoritative Dictionary of IEEE Standards Terms 
          Seventh Edition.
IEEE Std 516-2009, IEEE Guide for Maintenance Methods on Energized Power 
          Lines.
IEEE Std 524-2003, IEEE Guide to the Installation of Overhead 
          Transmission Line Conductors .
IEEE Std 957-2005, IEEE Guide for Cleaning Insulators.
IEEE Std 1048-2003, IEEE Guide for Protective Grounding of Power Lines.
IEEE Std 1067-2005, IEEE Guide for In-Service Use, Care, Maintenance, 
          and Testing of Conductive Clothing for Use on Voltages up to 
          765 kV AC and 750 kV DC.
IEEE Std 1307-2004, IEEE Standard for Fall Protection for Utility Work.
IEEE Stds 1584-2002, 1584a-2004 (Amendment 1 to IEEE Std 1584-2002), and 
          1584b-2011 (Amendment 2: Changes to Clause 4 of IEEE Std 1584-
          2002), IEEE Guide for Performing Arc-Flash Hazard 
          Calculations.
IEEE C2-2012, National Electrical Safety Code.
NFPA 70E-2012, Standard for Electrical Safety in the Workplace.

[79 FR 20633, Apr. 11, 2014, as amended at 79 FR 56960, Sept. 24, 2014; 
80 FR 60036, Oct. 5, 2015; 81 FR 83006, Nov. 18, 2016; 84 FR 68797, Dec. 
17, 2019; 85 FR 8732, Feb. 18, 2020]



Sec.  1910.272  Grain handling facilities.

    (a) Scope. This section contains requirements for the control of 
grain dust fires and explosions, and certain other safety hazards 
associated with grain handling facilities. It applies in addition to all 
other relevant provisions of part 1910 (or part 1917 at marine 
terminals).

    Note to paragraph (a): For grain-handling facilities in the marine-
terminal industry only, 29 CFR 1910.272 is to be enforced consistent 
with the interpretations in OSHA Compliance Directive 02-00-066, which 
is available on OSHA's Web page at www.osha.gov.

    (b) Application. (1) Paragraphs (a) through (n) of this section 
apply to grain elevators, feed mills, flour mills, rice mills, dust 
pelletizing plants, dry corn mills, soybean flaking operations, and the 
dry grinding operations of soycake.
    (2) Paragraphs (o), (p), and (q) of this section apply only to grain 
elevators.
    (c) Definitions.
    Choked leg means a condition of material buildup in the bucket 
elevator that results in the stoppage of material flow and bucket 
movement. A bucket elevator is not considered choked that has the up-leg 
partially or fully loaded and has the boot and discharge cleared 
allowing bucket movement.
    Flat storage structure means a grain storage building or structure 
that will not empty completely by gravity, has an unrestricted ground 
level opening for entry, and must be entered to reclaim the residual 
grain using powered equipment or manual means.
    Fugitive grain dust means combustible dust particles, emitted from 
the stock

[[Page 851]]

handling system, of such size as will pass through a U.S. Standard 40 
mesh sieve (425 microns or less).
    Grain elevator means a facility engaged in the receipt, handling, 
storage, and shipment of bulk raw agricultural commodities such as corn, 
wheat, oats, barley, sunflower seeds, and soybeans.
    Hot work means work involving electric or gas welding, cutting, 
brazing, or similar flame producing operations.
    Inside bucket elevator means a bucket elevator that has the boot and 
more than 20 percent of the total leg height (above grade or ground 
level) inside the grain elevator structure. Bucket elevators with leg 
casings that are inside (and pass through the roofs) of rail or truck 
dump sheds with the remainder of the leg outside of the grain elevator 
structure, are not considered inside bucket elevators.
    Jogging means repeated starting and stopping of drive motors in an 
attempt to clear choked legs.
    Lagging means a covering on drive pulleys used to increase the 
coefficient of friction between the pulley and the belt.
    Permit means the written certification by the employer authorizing 
employees to perform identified work operations subject to specified 
precautions.
    (d) Emergency action plan. The employer shall develop and implement 
an emergency action plan meeting the requirements contained in 29 CFR 
1910.38.
    (e) Training. (1) The employer shall provide training to employees 
at least annually and when changes in job assignment will expose them to 
new hazards. Current employees, and new employees prior to starting 
work, shall be trained in at least the following:
    (i) General safety precautions associated with the facility, 
including recognition and preventive measures for the hazards related to 
dust accumulations and common ignition sources such as smoking; and,
    (ii) Specific procedures and safety practices applicable to their 
job tasks including but not limited to, cleaning procedures for grinding 
equipment, clearing procedures for choked legs, housekeeping procedures, 
hot work procedures, preventive maintenance procedures and lock-out/tag-
out procedures.
    (2) Employees assigned special tasks, such as bin entry and handling 
of flammable or toxic substances, shall be provided training to perform 
these tasks safely.

    Note to paragraph (e)(2): Training for an employee who enters grain 
storage structures includes training about engulfment and mechanical 
hazards and how to avoid them.

    (f) Hot work permit. (1) The employer shall issue a permit for all 
hot work, with the following exceptions:
    (i) Where the employer or the employer's representative (who would 
otherwise authorize the permit) is present while the hot work is being 
performed;
    (ii) In welding shops authorized by the employer;
    (iii) In hot work areas authorized by the employer which are located 
outside of the grain handling structure.
    (2) The permit shall certify that the requirements contained in 
Sec.  1910.252(a) have been implemented prior to beginning the hot work 
operations. The permit shall be kept on file until completion of the hot 
work operations.
    (g) Entry into grain storage structures. This paragraph applies to 
employee entry into bins, silos , tanks, and other grain storage 
structures. Exception: Entry through unrestricted ground level openings 
into flat storage structures in which there are no toxicity, 
flammability, oxygen-deficiency, or other atmospheric hazards is covered 
by paragraph (h) of this section. For the purposes of this paragraph 
(g), the term ``grain'' includes raw and processed grain and grain 
products in facilities within the scope of paragraph (b)(1) of this 
section.
    (1) The following actions shall be taken before employees enter 
bins, silos, or tanks:
    (i) The employer shall issue a permit for entering bins, silos, or 
tanks unless the employer or the employer's representative (who would 
otherwise authorize the permit) is present during the entire operation. 
The permit shall certify that the precautions contained in this 
paragraph (Sec.  1910.272(g)) have been implemented prior to employees

[[Page 852]]

entering bins, silos or tanks. The permit shall be kept on file until 
completion of the entry operations.
    (ii) All mechanical, electrical, hydraulic, and pneumatic equipment 
which presents a danger to employees inside grain storage structures 
shall be deenergized and shall be disconnected, locked-out and tagged, 
blocked-off, or otherwise prevented from operating by other equally 
effective means or methods.
    (iii) The atmosphere within a bin, silo, or tank shall be tested for 
the presence of combustible gases, vapors, and toxic agents when the 
employer has reason to believe they may be present. Additionally, the 
atmosphere within a bin, silo, or tank shall be tested for oxygen 
content unless there is continuous natural air movement or continuous 
forced-air ventilation before and during the period employees are 
inside. If the oxygen level is less than 19.5%, or if combustible gas or 
vapor is detected in excess of 10% of the lower flammable limit, or if 
toxic agents are present in excess of the ceiling values listed in 
subpart Z of 29 CFR part 1910, or if toxic agents are present in 
concentrations that will cause health effects which prevent employees 
from effecting self-rescue or communication to obtain assistance, the 
following provisions apply.
    (A) Ventilation shall be provided until the unsafe condition or 
conditions are eliminated, and the ventilation shall be continued as 
long as there is a possibility of recurrence of the unsafe condition 
while the bin, silo, or tank is occupied by employees.
    (B) If toxicity or oxygen deficiency cannot be eliminated by 
ventilation, employees entering the bin, silo, or tank shall wear an 
appropriate respirator. Respirator use shall be in accordance with the 
requirements of Sec.  1910.134.
    (iv) ``Walking down grain'' and similar practices where an employee 
walks on grain to make it flow within or out from a grain storage 
structure, or where an employee is on moving grain, are prohibited.
    (2) Whenever an employee enters a grain storage structure from a 
level at or above the level of the stored grain or grain products, or 
whenever an employee walks or stands on or in stored grain of a depth 
which poses an engulfment hazard, the employer shall equip the employee 
with a body harness with lifeline, or a boatswain's chair that meets the 
requirements of subpart D of this part. The lifeline shall be so 
positioned, and of sufficient length, to prevent the employee from 
sinking further than waist-deep in the grain. Exception: Where the 
employer can demonstrate that the protection required by this paragraph 
is not feasible or creates a greater hazard, the employer shall provide 
an alternative means of protection which is demonstrated to prevent the 
employee from sinking further than waist-deep in the grain.

    Note to paragraph (g)(2): When the employee is standing or walking 
on a surface which the employer demonstrates is free from engulfment 
hazards, the lifeline or alternative means may be disconnected or 
removed.

    (3) An observer, equipped to provide assistance, shall be stationed 
outside the bin, silo, or tank being entered by an employee. 
Communications (visual, voice, or signal line) shall be maintained 
between the observer and employee entering the bin, silo, or tank.
    (4) The employer shall provide equipment for rescue operations which 
is specifically suited for the bin, silo, or tank being entered.
    (5) The employee acting as observer shall be trained in rescue 
procedures, including notification methods for obtaining additional 
assistance.
    (6) Employees shall not enter bins, silos, or tanks underneath a 
bridging condition, or where a buildup of grain products on the sides 
could fall and bury them.
    (h) Entry into flat storage structures. For the purposes of this 
paragraph (h), the term ``grain'' means raw and processed grain and 
grain products in facilities within the scope of paragraph (b)(1) of 
this section.
    (1) Each employee who walks or stands on or in stored grain, where 
the depth of the grain poses an engulfment hazard, shall be equipped 
with a lifeline or alternative means which the employer demonstrates 
will prevent the employee from sinking further than waist-deep into the 
grain.


[[Page 853]]


    Note to paragraph (h)(1): When the employee is standing or walking 
on a surface which the employer demonstrates is free from engulfment 
hazards, the lifeline or alternative means may be disconnected or 
removed.

    (2)(i) Whenever an employee walks or stands on or in stored grain or 
grain products of a depth which poses an engulfment hazard, all 
equipment which presents a danger to that employee (such as an auger or 
other grain transport equipment) shall be deenergized, and shall be 
disconnected, locked-out and tagged, blocked-off, or otherwise prevented 
from operating by other equally effective means or methods.
    (ii) ``Walking down grain'' and similar practices where an employee 
walks on grain to make it flow within or out from a grain storage 
structure, or where an employee is on moving grain, are prohibited.
    (3) No employee shall be permitted to be either underneath a 
bridging condition, or in any other location where an accumulation of 
grain on the sides or elsewhere could fall and engulf that employee.
    (i) Contractors. (1) The employer shall inform contractors 
performing work at the grain handling facility of known potential fire 
and explosion hazards related to the contractor's work and work area. 
The employer shall also inform contractors of the applicable safety 
rules of the facility.
    (2) The employer shall explain the applicable provisions of the 
emergency action plan to contractors.
    (j) Housekeeping. (1) The employer shall develop and implement a 
written housekeeping program that establishes the frequency and 
method(s) determined best to reduce accumulations of fugitive grain dust 
on ledges, floors, equipment, and other exposed surfaces.
    (2) In addition, the housekeeping program for grain elevators shall 
address fugitive grain dust accumulations at priority housekeeping 
areas.
    (i) Priority housekeeping areas shall include at least the 
following:
    (A) Floor areas within 35 feet (10.7 m) of inside bucket elevators;
    (B) Floors of enclosed areas containing grinding equipment;
    (C) Floors of enclosed areas containing grain dryers located inside 
the facility.
    (ii) The employer shall immediately remove any fugitive grain dust 
accumulations whenever they exceed \1/8\ inch (.32 cm) at priority 
housekeeping areas, pursuant to the housekeeping program, or shall 
demonstrate and assure, through the development and implementation of 
the housekeeping program, that equivalent protection is provided.
    (3) The use of compressed air to blow dust from ledges, walls, and 
other areas shall only be permitted when all machinery that presents an 
ignition source in the area is shut-down, and all other known potential 
ignition sources in the area are removed or controlled.
    (4) Grain and product spills shall not be considered fugitive grain 
dust accumulations. However, the housekeeping program shall address the 
procedures for removing such spills from the work area.
    (k) Grate openings. Receiving-pit feed openings, such as truck or 
railcar receiving-pits, shall be covered by grates. The width of 
openings in the grates shall be a maximum of 2\1/2\ inches (6.35 cm).
    (l) Filter collectors. (1) All fabric dust filter collectors which 
are a part of a pneumatic dust collection system shall be equipped with 
a monitoring device that will indicate a pressure drop across the 
surface of the filter.
    (2) Filter collectors installed after March 30, 1988 shall be:
    (i) Located outside the facility; or
    (ii) Located in an area inside the facility protected by an 
explosion suppression system; or
    (iii) Located in an area inside the facility that is separated from 
other areas of the facility by construction having at least a one hour 
fire-resistance rating, and which is adjacent to an exterior wall and 
vented to the outside. The vent and ductwork shall be designed to resist 
rupture due to deflagration.
    (m) Preventive maintenance. (1) The employer shall implement 
preventive maintenance procedures consisting of:
    (i) Regularly scheduled inspections of at least the mechanical and 
safety control equipment associated with dryers, grain stream processing 
equipment, dust collection equipment including filter collectors, and 
bucket elevators;

[[Page 854]]

    (ii) Lubrication and other appropriate maintenance in accordance 
with manufacturers' recommendations, or as determined necessary by prior 
operating records.
    (2) The employer shall promptly correct dust collection systems 
which are malfunctioning or which are operating below designed 
efficiency. Additionally, the employer shall promptly correct, or remove 
from service, overheated bearings and slipping or misaligned belts 
associated with inside bucket elevators.
    (3) A certification record shall be maintained of each inspection, 
performed in accordance with this paragraph (m), containing the date of 
the inspection, the name of the person who performed the inspection and 
the serial number, or other identifier, of the equipment specified in 
paragraph (m)(1)(i) of this section that was inspected.
    (4) The employer shall implement procedures for the use of tags and 
locks which will prevent the inadvertent application of energy or motion 
to equipment being repaired, serviced, or adjusted, which could result 
in employee injury. Such locks and tags shall be removed in accordance 
with established procedures only by the employee installing them or, if 
unavailable, by his or her supervisor.
    (n) Grain stream processing equipment. The employer shall equip 
grain stream processing equipment (such as hammer mills, grinders, and 
pulverizers) with an effective means of removing ferrous material from 
the incoming grain stream.
    (o) Emergency escape. (1) The employer shall provide at least two 
means of emergency escape from galleries (bin decks).
    (2) The employer shall provide at least one means of emergency 
escape in tunnels of existing grain elevators. Tunnels in grain 
elevators constructed after the effective date of this standard shall be 
provided with at least two means of emergency escape.
    (p) Continuous-flow bulk raw grain dryers. (1) All direct-heat grain 
dryers shall be equipped with automatic controls that:
    (i) Will shut-off the fuel supply in case of power or flame failure 
or interruption of air movement through the exhaust fan; and,
    (ii) Will stop the grain from being fed into the dryer if excessive 
temperature occurs in the exhaust of the drying section.
    (2) Direct-heat grain dryers installed after March 30, 1988 shall 
be:
    (i) Located outside the grain elevator; or
    (ii) Located in an area inside the grain elevator protected by a 
fire or explosion suppression system; or
    (iii) Located in an area inside the grain elevator which is 
separated from other areas of the facility by construction having at 
least a one hour fire-resistance rating.
    (q) Inside bucket elevators. (1) Bucket elevators shall not be 
jogged to free a choked leg.
    (2) All belts and lagging purchased after March 30, 1988 shall be 
conductive. Such belts shall have a surface electrical resistance not to 
exceed 300 megohms.
    (3) All bucket elevators shall be equipped with a means of access to 
the head pulley section to allow inspection of the head pulley, lagging, 
belt, and discharge throat of the elevator head. The boot section shall 
also be provided with a means of access for clean-out of the boot and 
for inspection of the boot, pulley, and belt.
    (4) All the employer shall:
    (i) Mount bearings externally to the leg casing; or,
    (ii) Provide vibration monitoring, temperature monitoring, or other 
means to monitor the condition of those bearings mounted inside or 
partially-inside the leg casing.
    (5) All the employer shall equip bucket elevators with a motion 
detection device which will shut-down the bucket elevator when the belt 
speed is reduced by no more than 20% of the normal operating speed.
    (6) All the employer shall:
    (i) Equip bucket elevators with a belt alignment monitoring device 
which will initiate an alarm to employees when the belt is not tracking 
properly; or,
    (ii) Provide a means to keep the belt tracking properly, such as a 
system that provides constant alignment adjustment of belts.

[[Page 855]]

    (7) Paragraphs (q)(5) and (q)(6) of this section do not apply to 
grain elevators having a permanent storage capacity of less than one 
million bushels, provided that daily visual inspection is made of bucket 
movement and tracking of the belt.
    (8) Paragraphs (q)(4), (q)(5), and (q)(6) of this section do not 
apply to the following:
    (i) Bucket elevators which are equipped with an operational fire and 
explosion suppression system capable of protecting at least the head and 
boot section of the bucket elevator; or,
    (ii) Bucket elevators which are equipped with pneumatic or other 
dust control systems or methods that keep the dust concentration inside 
the bucket elevator at least 25% below the lower explosive limit at all 
times during operations.

    Note: The following appendices to Sec.  1910.272 serve as 
nonmandatory guidelines to assist employers and employees in complying 
with the requirements of this section, as well as to provide other 
helpful information.
    No additional burdens are imposed through these appendices.

         Appendix A to Sec.  1910.272 Grain Handling Facilities

    Examples presented in this appendix may not be the only means of 
achieving the performance goals in the standard.

                        1. Scope and Application

    The provisions of this standard apply in addition to any other 
applicable requirements of this part 1910 (or part 1917 at marine 
terminals). The standard contains requirements for new and existing 
grain handling facilities. The standard does not apply to seed plants 
which handle and prepare seeds for planting of future crops, nor to on-
farm storage or feed lots.

                        2. Emergency Action Plan

    The standard requires the employer to develop and implement an 
emergency action plan. The emergency action plan (Sec.  1910.38) covers 
those designated actions employers and employees are to take to ensure 
employee safety from fire and other emergencies. The plan specifies 
certain minimum elements which are to be addressed. These elements 
include the establishment of an employee alarm system, the development 
of evacuation procedures, and training employees in those actions they 
are to take during an emergency.
    The standard does not specify a particular method for notifying 
employees of an emergency. Public announcement systems, air horns, steam 
whistles, a standard fire alarm system, or other types of employee alarm 
may be used. However, employers should be aware that employees in a 
grain facility may have difficulty hearing an emergency alarm, or 
distinguishing an emergency alarm from other audible signals at the 
facility, or both. Therefore, it is important that the type of employee 
alarm used be distinguishable and distinct.
    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 designate a safe area, outside the facility, where 
employees can congregate after evacuation, and implement procedures to 
account for all employees after emergency evacuation has been completed.
    It is also recommended that employers seek the assistance of the 
local fire department for the purpose of preplanning for emergencies. 
Preplanning is encouraged to facilitate coordination and cooperation 
between facility personnel and those who may be called upon for 
assistance during an emergency. It is important for emergency service 
units to be aware of the usual work locations of employees at the 
facility.

                               3. Training

    It is important that employees be trained in the recognition and 
prevention of hazards associated with grain facilities, especially those 
hazards associated with their own work tasks. Employees should 
understand the factors which are necessary to produce a fire or 
explosion, i.e., fuel (such as grain dust), oxygen, ignition source, and 
(in the case of explosions) confinement. Employees should be made aware 
that any efforts they make to keep these factors from occurring 
simultaneously will be an important step in reducing the potential for 
fires and explosions.
    The standard provides flexibility for the employer to design a 
training program which fulfills the needs of a facility. The type, 
amount, and frequency of training will need to reflect the tasks that 
employees are expected to perform. Although training is to be provided 
to employees at least annually, it is recommended that safety meetings 
or discussions and drills be conducted at more frequent intervals.
    The training program should include those topics applicable to the 
particular facility, as well as topics such as: Hot work procedures; 
lock-out/tag-out procedures; bin entry procedures; bin cleaning 
procedures; grain dust explosions; fire prevention; procedures for 
handling ``hot grain''; housekeeping procedures, including methods and 
frequency of dust removal; pesticide and fumigant usage;

[[Page 856]]

proper use and maintenance of personal protective equipment; and, 
preventive maintenance. The types of work clothing should also be 
considered in the program at least to caution against using polyester 
clothing that easily melts and increases the severity of burns, as 
compared to wool or fire retardant cotton.
    In implementing the training program, it is recommended that the 
employer utilize films, slide-tape presentations, pamphlets, and other 
information which can be obtained from such sources as the Grain 
Elevator and Processing Society, the Cooperative Extension Service of 
the U.S. Department of Agriculture, Kansas State University's Extension 
Grain Science and Industry, and other state agriculture schools, 
industry associations, union organizations, and insurance groups.

                           4. Hot Work Permit

    The implementation of a permit system for hot work is intended to 
assure that employers maintain control over operations involving hot 
work and to assure that employees are aware of and utilize appropriate 
safeguards when conducting these activities.
    Precautions for hot work operations are specified in 29 CFR 
1910.252(a), and include such safeguards as relocating the hot work 
operation to a safe location if possible, relocating or covering 
combustible material in the vicinity, providing fire extinguishers, and 
provisions for establishing a fire watch. Permits are not required for 
hot work operations conducted in the presence of the employer or the 
employer's authorized representative who would otherwise issue the 
permit, or in an employer authorized welding shop or when work is 
conducted outside and away from the facility.
    It should be noted that the permit is not a record, but is an 
authorization of the employer certifying that certain safety precautions 
have been implemented prior to the beginning of work operations.

                  5. Entry Into Bins, Silos, And Tanks

    In order to assure that employers maintain control over employee 
entry into bins, silos, and tanks, OSHA is requiring that the employer 
issue a permit for entry into bins, silos, and tanks unless the employer 
(or the employer's representative who would otherwise authorize the 
permit) is present at the entry and during the entire operation.
    Employees should have a thorough understanding of the hazards 
associated with entry into bins, silos, and tanks. Employees are not to 
be permitted to enter these spaces from the bottom when grain or other 
agricultural products are hung up or sticking to the sides which might 
fall and injure or kill an employee. Employees should be made aware that 
the atmosphere in bins, silos, and tanks can be oxygen deficient or 
toxic. Employees should be trained in the proper methods of testing the 
atmosphere, as well as in the appropriate procedures to be taken if the 
atmosphere is found to be oxygen deficient or toxic. When a fumigant has 
been recently applied in these areas and entry must be made, aeration 
fans should be running continuously to assure a safe atmosphere for 
those inside. Periodic monitoring of toxic levels shuld be done by 
direct reading instruments to measure the levels, and, if there is an 
increase in these readings, appropriate actions should be promptly 
taken.
    Employees have been buried and suffocated in grain or other 
agricultural products because they sank into the material. Therefore, it 
is suggested that employees not be permitted to walk or stand on the 
grain or other grain product where the depth is greater than waist high. 
In this regard, employees must use a full body harness or boatswain's 
chair with a lifeline when entering from the top. A winch system with 
mechanical advantage (either powered or manual) would allow better 
control of the employee than just using a hand held hoist line, and such 
a system would allow the observer to remove the employee easily without 
having to enter the space.
    It is important that employees be trained in the proper selection 
and use of any personal protective equipment which is to be worn. 
Equally important is the training of employees in the planned emergency 
rescue procedures. Employers should carefully read Sec.  1910.134(e)(3) 
and assure that their procedures follow these requirements. The employee 
acting as observer is to be equipped to provide assistance and is to 
know procedures for obtaining additional assistance. The observer should 
not enter a space until adequate assistance is available. It is 
recommended that an employee trained in CPR be readily available to 
provide assistance to those employees entering bins, silos, or tanks.

                             6. Contractors

    These provisions of the standard are intended to ensure that outside 
contractors are cognizant of the hazards associated with grain handling 
facilities, particularly in relation to the work they are to perform for 
the employer. Also, in the event of an emergency, contractors should be 
able to take appropriate action as a part of the overall facility 
emergency action plan. Contractors should also be aware of the 
employer's permit systems. Contractors should develop specified 
procedures for performing hot work and for entry into bins, silos, and 
tanks and these activities should be coordinated with the employer. 
Contractors are responsible for informing their own employees.
    This coordination will help to ensure that employers know what work 
is being performed at the facility by contractors; where

[[Page 857]]

it is being performed; and, that it is being performed in a manner that 
will not endanger employees.

                            7. Housekeeping.

    The housekeeping program is to be designed to keep dust 
accumulations and emissions under control inside grain facilities. The 
housekeeping program, which is to be written, is to specify the 
frequency and method(s) used to best reduce dust accumulations.
    Ship, barge, and rail loadout and receiving areas which are located 
outside the facility need not be addressed in the housekeeping program. 
Additionally, truck dumps which are open on two or more sides need not 
be addressed by the housekeeping program. Other truck dumps should be 
addressed in the housekeeping program to provide for regular cleaning 
during periods of receiving grain or agricultural products. The 
housekeeping program should provide coverage for all workspaces in the 
facility and include walls, beams, etc., especially in relation to the 
extent that dust could accumulate.

                           Dust Accumulations

    Almost all facilities will require some level of manual 
housekeeping. Manual housekeeping methods, such as vacuuming or sweeping 
with soft bristle brooms, should be used which will minimize the 
possibility of layered dust being suspended in the air when it is being 
removed.
    The housekeeping program should include a contingency plan to 
respond to situations where dust accumulates rapidly due to a failure of 
a dust enclosure hood, an unexpected breakdown of the dust control 
system, a dust-tight connection inadvertently knocked open, etc.
    The housekeeping program should also specify the manner of handling 
spills. Grain spills are not considered to be dust accumulations.
    A fully enclosed horizontal belt conveying system where the return 
belt is inside the enclosure should have inspection access such as 
sliding panels or doors to permit checking of equipment, checking for 
dust accumulations and facilitate cleaning if needed.

                             Dust Emissions

    Employers should analyze the entire stock handling system to 
determine the location of dust emissions and effective methods to 
control or to eliminate them. The employer should make sure that holes 
in spouting, casings of bucket elevators, pneumatic conveying pipes, 
screw augers, or drag conveyor casings, are patched or otherwise 
properly repaired to prevent leakage. Minimizing free falls of grain or 
grain products by using choke feeding techniques, and utilization of 
dust-tight enclosures at transfer points, can be effective in reducing 
dust emissions.
    Each housekeeping program should specify the schedules and control 
measures which will be used to control dust emitted from the stock 
handling system. The housekeeping program should address the schedules 
to be used for cleaning dust accumulations from motors, critical 
bearings and other potential ignition sources in the working areas. 
Also, the areas around bucket elevator legs, milling machinery and 
similar equipment should be given priority in the cleaning schedule. The 
method of disposal of the dust which is swept or vacuumed should also be 
planned.
    Dust may accumulate in somewhat inaccessible areas, such as those 
areas where ladders or scaffolds might be necessary to reach them. The 
employer may want to consider the use of compressed air and long lances 
to blow down these areas frequently. The employer may also want to 
consider the periodic use of water and hoselines to wash down these 
areas. If these methods are used, they are to be specified in the 
housekeeping program along with the appropriate safety precautions, 
including the use of personal protective equipment such as eyewear and 
dust respirators.
    Several methods have been effective in controlling dust emissions. A 
frequently used method of controlling dust emissions is a pneumatic dust 
collection system. However, the installation of a poorly designed 
pneumatic dust collection system has fostered a false sense of security 
and has often led to an inappropriate reduction in manual housekeeping. 
Therefore, it is imperative that the system be designed properly and 
installed by a competent contractor. Those employers who have a 
pneumatic dust control system that is not working according to 
expectations should request the engineering design firm, or the 
manufacturer of the filter and related equipment, to conduct an 
evaluation of the system to determine the corrections necessary for 
proper operation of the system. If the design firm or manufacturer of 
the equipment is not known, employers should contact their trade 
association for recommendations of competent designers of pneumatic dust 
control systems who could provide assistance.
    When installing a new or upgraded pneumatic control system, the 
employer should insist on an acceptance test period of 30 to 45 days of 
operation to ensure that the system is operating as intended and 
designed. The employer should also obtain maintenance, testing, and 
inspection information from the manufacturer to ensure that the system 
will continue to operate as designed.
    Aspiration of the leg, as part of a pneumatic dust collection 
system, is another effective method of controlling dust emissions. 
Aspiration of the leg consists of a flow of air across the entire boot, 
which entrains the

[[Page 858]]

liberated dust and carries it up the up-leg to take-off points. With 
proper aspiration, dust concentrations in the leg can be lowered below 
the lower explosive limit. Where a prototype leg installation has been 
instrumented and shown to be effective in keeping the dust level 25% 
below the lower explosive limit during normal operations for the various 
products handled, then other legs of similar size, capacity and products 
being handled which have the same design criteria for the air aspiration 
would be acceptable to OSHA, provided the prototype test report is 
available on site.
    Another method of controlling dust emissions is enclosing the 
conveying system, pressurizing the general work area, and providing a 
lower pressure inside the enclosed conveying system. Although this 
method is effective in controlling dust emissions from the conveying 
system, adequate access to the inside of the enclosure is necessary to 
facilitate frequent removal of dust accumulations. This is also 
necessary for those systems called ``self-cleaning.''
    The use of edible oil sprayed on or into a moving stream of grain is 
another method which has been used to control dust emissions. Tests 
performed using this method have shown that the oil treatment can reduce 
dust emissions. Repeated handling of the grain may necessitate 
additional oil treatment to prevent liberation of dust. However, before 
using this method, operators of grain handling facilities should be 
aware that the Food and Drug Administration must approve the specific 
oil treatment used on products for food or feed.
    As a part of the housekeeping program, grain elevators are required 
to address accumulations of dust at priority areas using the action 
level. The standard specifies a maximum accumulation of \1/8\ inch dust, 
measurable by a ruler or other measuring device, anywhere within a 
priority area as the upper limit at which time employers must initiate 
action to remove the accumulations using designated means or methods. 
Any accumulation in excess of this amount and where no action has been 
initiated to implement cleaning would constitute a violation of the 
standard, unless the employer can demonstrate equivalent protection. 
Employers should make every effort to minimize dust accumulations on 
exposed surfaces since dust is the fuel for a fire or explosion, and it 
is recognized that a \1/8\ inch dust accumulation is more than enough to 
fuel such occurrences.

                          8. Filter Collectors

    Proper sizing of filter collectors for the pneumatic dust control 
system they serve is very important for the overall effectiveness of the 
system. The air to cloth ratio of the system should be in accordance 
with the manufacturer's recommendations. If higher ratios are used, they 
can result in more maintenance on the filter, shorter bag or sock life, 
increased differential pressure resulting in higher energy costs, and an 
increase in operational problems.
    A photohelic gauge, magnehelic gauge, or manometer, may be used to 
indicate the pressure rise across the inlet and outlet of the filter. 
When the pressure exceeds the design value for the filter, the air 
volume will start to drop, and maintenance will be required. Any of 
these three monitoring devices is acceptable as meeting paragraph (l)(1) 
of the standard.
    The employer should establish a level or target reading on the 
instrument which is consistent with the manufacturer's recommendations 
that will indicate when the filter should be serviced. This target 
reading on the instrument and the accompanying procedures should be in 
the preventive maintenance program. These efforts would minimize the 
blinding of the filter and the subsequent failure of the pneumatic dust 
control system.
    There are other instruments that the employer may want to consider 
using to monitor the operation of the filter. One instrument is a zero 
motion switch for detecting a failure of motion by the rotary discharge 
valve on the hopper. If the rotary discharge valve stops turning, the 
dust released by the bag or sock will accumulate in the filter hopper 
until the filter becomes clogged. Another instrument is a level 
indicator which is installed in the hopper of the filter to detect the 
buildup of dust that would otherwise cause the filter hopper to be 
plugged. The installation of these instruments should be in accordance 
with manufacturer's recommendations.
    All of these monitoring devices and instruments are to be capable of 
being read at an accessible location and checked as frequently as 
specified in the preventive maintenance program.
    Filter collectors on portable vacuum cleaners, and those used where 
fans are not part of the system, are not covered by requirements of 
paragraph (l) of the standard.

                        9. Preventive Maintenance

    The control of dust and the control of ignition sources are the most 
effective means for reducing explosion hazards. Preventive maintenance 
is related to ignition sources in the same manner as housekeeping is 
related to dust control and should be treated as a major function in a 
facility. Equipment such as critical bearings, belts, buckets, pulleys, 
and milling machinery are potential ignition sources, and periodic 
inspection and lubrication of such equipment through a scheduled 
preventive maintenance program is an effective method for keeping 
equipment functioning properly and safely. The use of vibration 
detection methods, heat sensitive tape

[[Page 859]]

or other heat detection methods that can be seen by the inspector or 
maintenance person will allow for a quick, accurate, and consistent 
evaluation of bearings and will help in the implementation of the 
program.
    The standard does not require a specific frequency for preventive 
maintenance. The employer is permitted flexibility in determining the 
appropriate interval for maintenance provided that the effectiveness of 
the maintenance program can be demonstrated. Scheduling of preventive 
maintenance should be based on manufacturer's recommendations for 
effective operation, as well as from the employer's previous experience 
with the equipment. However, the employer's schedule for preventive 
maintenance should be frequent enough to allow for both prompt 
identification and correction of any problems concerning the failure or 
malfunction of the mechanical and safety control equipment associated 
with bucket elevators, dryers, filter collectors and magnets. The 
pressure-drop monitoring device for a filter collector, and the 
condition of the lagging on the head pulley, are examples of items that 
require regularly scheduled inspections. A system of identifying the 
date, the equipment inspected and the maintenance performed, if any, 
will assist employers in continually refining their preventive 
maintenance schedules and identifying equipment problem areas. Open work 
orders where repair work or replacement is to be done at a designated 
future date as scheduled, would be an indication of an effective 
preventive maintenance program.
    It is imperative that the prearranged schedule of maintenance be 
adhered to regardless of other facility constraints. The employer should 
give priority to the maintenance or repair work associated with safety 
control equipment, such as that on dryers, magnets, alarm and shut-down 
systems on bucket elevators, bearings on bucket elevators, and the 
filter collectors in the dust control system. Benefits of a strict 
preventive maintenance program can be a reduction of unplanned downtime, 
improved equipment performance, planned use of resources, more efficient 
operations, and, most importantly, safer operations.
    The standard also requires the employer to develop and implement 
procedures consisting of locking out and tagging equipment to prevent 
the inadvertent application of energy or motion to equipment being 
repaired, serviced, or adjusted, which could result in employee injury. 
All employees who have responsibility for repairing or servicing 
equipment, as well as those who operate the equipment, are to be 
familiar with the employer's lock and tag procedures. A lock is to be 
used as the positive means to prevent operation of the disconnected 
equipment. Tags are to be used to inform employees why equipment is 
locked out. Tags are to meet requirements in Sec.  1910.145(f). Locks 
and tags may only be removed by employees that placed them, or by their 
supervisor, to ensure the safety of the operation.

                  10. Grain Stream Processing Equipment

    The standard requires an effective means of removing ferrous 
material from grain streams so that such material does not enter 
equipment such as hammer mills, grinders and pulverizers. Large foreign 
objects, such as stones, should have been removed at the receiving pit. 
Introduction of foreign objects and ferrous material into such equipment 
can produce sparks which can create an explosion hazard. Acceptable 
means for removal of ferrous materials include the use of permanent or 
electromagnets. Means used to separate foreign objects and ferrous 
material should be cleaned regularly and kept in good repair as part of 
the preventive maintenance program in order to maximize their 
effectiveness.

                          11. Emergency Escape

    The standard specifies that at least two means of escape must be 
provided from galleries (bin decks). Means of emergency escape may 
include any available means of egress (consisting of three components, 
exit access, exit, and exit discharge as defined in Sec.  1910.35), the 
use of controlled descent devices with landing velocities not to exceed 
15 ft/sec., or emergency escape ladders from galleries. Importantly, the 
means of emergency escape are to be addressed in the facility emergency 
action plan. Employees are to know the location of the nearest means of 
emergency escape and the action they must take during an emergency.

                               12. Dryers

    Liquefied petroleum gas fired dryers should have the vaporizers 
installed at least ten feet from the dryer. The gas piping system should 
be protected from mechanical damage. The employer should establish 
procedures for locating and repairing leaks when there is a strong odor 
of gas or other signs of a leak.

                       13. Inside Bucket Elevators

    Hazards associated with inside bucket elevator legs are the source 
of many grain elevator fires and explosions. Therefore, to mitigate 
these hazards, the standard requires the implementation of special 
safety precautions and procedures, as well as the installation of safety 
control devices. The standard provides for a phase-in period for many of 
the requirements to provide the employer time for planning the 
implementation of the requirements. Additionally, for elevators with a 
permanent storage capacity of

[[Page 860]]

less than one million bushels, daily visual inspection of belt alignment 
and bucket movement can be substituted for alignment monitoring devices 
and motion detection devices.
    The standard requires that belts (purchased after the effective date 
of the standard) have surface electrical resistance not to exceed 300 
megohms. Test methods available regarding electrical resistance of belts 
are: The American Society for Testing and Materials D257-76, ``Standard 
Test Methods for D-C Resistance or Conductance of Insulating 
Materials''; and, the International Standards Organization's 284, 
``Conveyor Belts-Electrical Conductivity-Specification and Method of 
Test.'' When an employer has a written certification from the 
manufacturer that a belt has been tested using one of the above test 
methods, and meets the 300 megohm criteria, the belt is acceptable as 
meeting this standard. When using conductive belts, the employer should 
make certain that the head pulley and shaft are grounded through the 
drive motor ground or by some other equally effective means. When V-type 
belts are used to transmit power to the head pulley assembly from the 
motor drive shaft, it will be necessary to provide electrical continuity 
from the head pulley assembly to ground, e.g., motor grounds.
    Employers should also consider purchasing new belts that are flame 
retardant or fire resistive. A flame resistance test for belts is 
contained in 30 CFR 18.65.

         Appendix B to Sec.  1910.272 Grain Handling Facilities

                      National Consensus Standards

    The following table contains a cross-reference listing of current 
national consensus standards which provide information that may be of 
assistance to grain handling operations. Employers who comply with 
provisions in these national consensus standards that provide equal or 
greater protection than those in Sec.  1910.272 will be considered in 
compliance with the corresponding requirements in Sec.  1910.272.

----------------------------------------------------------------------------------------------------------------
                          Subject                                        National consensus standards
----------------------------------------------------------------------------------------------------------------
Grain elevators and facilities handling bulk raw             ANSI/NFPA 61B
 agricultural commodities.
Feed mills.................................................  ANSI/NFPA 61C
Facilities handling agricultural commodities for human       ANSI/NFPA 61D
 consumption.
Pneumatic conveying systems for agricultural commodities...  ANSI/NFPA 66
Guide for explosion venting................................  ANSI/NFPA 68
Explosion prevention systems...............................  ANSI/NFPA 69
Dust removal and exhaust systems...........................  ANSI/NFPA 91
----------------------------------------------------------------------------------------------------------------

         Appendix C to Sec.  1910.272 Grain handling facilities

                   References for Further Information

    The following references provide information which can be helpful in 
understanding the requirements contained in various provisions of the 
standard, as well as provide other helpful information.
    1. Accident Prevention Manual for Industrial Operations; National 
Safety Council, 425 North Michigan Avenue, Chicago, Illinois 60611.
    2. Practical Guide to Elevator Design; National Grain and Feed 
Association, P.O. Box 28328, Washington, DC 20005.
    3. Dust Control for Grain Elevators; National Grain and Feed 
Association, P.O. Box 28328, Washington, DC 20005.
    4. Prevention of Grain Elevator and Mill Explosions; National 
Academy of Sciences, Washington, DC. (Available from National Technical 
Information Service, Springfield, Virginia 22151.)
    5. Standard for the Prevention of Fires and Explosions in Grain 
Elevators and Facilities Handling Bulk Raw Agricultural Commodities, 
NFPA 61B; National Fire Protection Association, Batterymarch Park, 
Quincy, Massachusetts 02269.
    6. Standard for the Prevention of Fire and Dust Explosions in Feed 
Mills, NFPA 61C; National Fire Protection Association, Batterymarch 
Park, Quincy, Massachusetts 02269.
    7. Standard for the Prevention of Fire and Dust Explosions in the 
Milling of Agricultural Commodities for Human Consumption, NFPA 61D; 
National Fire Protection Association, Batterymarch Park, Quincy, 
Massachusetts 02269.
    8. Standard for Pneumatic Conveying Systems for Handling Feed, 
Flour, Grain and Other Agricultural Dusts, NFPA 66; National Fire 
Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.
    9. Guide for Explosion Venting, NFPA 68; National Fire Protection 
Association, Batterymarch Park, Quincy, Massachusetts 02269.
    10. Standard on Explosion Prevention Systems, NFPA 69; National Fire 
Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.
    11. Safety-Operations Plans; U.S. Department of Agriculture, 
Washington, DC 20250.
    12. Inplant Fire Prevention Control Programs; Mill Mutual Fire 
Prevention Mutual Fire Prevention Bureau, 1 Pierce Place, Suite 1260 
West, Itasca, Illinois 60143-1269.

[[Page 861]]

    13. Guidelines for Terminal Elevators; Mill Mutual Fire Prevention 
Bureau, 1 Pierce Place, Suite 1260 West, Itasca, Illinois 60143-1269.
    14. Standards for Preventing the Horizontal and Vertical Spread of 
Fires in Grain Handling Properties; Mill Mutual Fire Mutual Fire 
Prevention Bureau, 1 Pierce Place, Suite 1260 West, Itasca, Illinois 
60143-1269.
    15. Belt Conveyors for Bulk Materials, Part I and Part II, Data 
Sheet 570, Revision A; National Safety Council, 425 North Michigan 
Avenue, Chicago, Illinois 60611.
    16. Suggestions for Precautions and Safety Practices in Welding and 
Cutting; Mill Mutual Fire Prevention Bureau, 1 Pierce Place, Suite 1260 
West, Itasca, Illinois 60143-1269.
    17. Food Bins and Tanks, Data Sheet 524; National Safety Council, 
425 North Michigan Avenue, Chicago, Illinois 60611.
    18. Pneumatic Dust Control in Grain Elevators; National Academy of 
Sciences, Washington, DC. (Available from National Technical Information 
Service, Springfield, Virginia 22151.)
    19. Dust Control Analysis and Layout Procedures for Grain Storage 
and Processing Plants; Mill Mutual Fire Prevention Bureau, 1 Pierce 
Place, Suite 1260 West, Itasca, Illinois 60143-1269.
    20. Standard for the Installation of Blower and Exhaust Systems for 
Dust, Stock and Vapor Removal, NFPA 91; National Fire Protection 
Association, Batterymarch Park, Quincy, Massachusetts 02269.
    21. Standards for the Installation of Direct Heat Grain Driers in 
Grain and Milling Properties; Mill Mutual Fire Prevention Bureau, 1 
Pierce Place, Suite 1260 West, Itasca, Illinois 60143-1269.
    22. Guidelines for Lubrication and Bearing Maintenance; Mill Mutual 
Fire Prevention Bureau, 1 Pierce Place, Suite 1260 West, Itasca, 
Illinois 60143-1269.
    23. Organized Maintenance in Grain and Milling Properties; Mill 
Mutual Fire Prevention Bureau, 1 Pierce Place, Suite 1260 West, Itasca, 
Illinois 60143-1269.
    24. Safe and Efficient Elevator Legs for Grain and Milling 
Properties; Mill Mutual Fire Prevention Bureau, 1 Pierce Place, Suite 
1260 West, Itasca, Illinois 60143-1269.
    25. Explosion Venting and Supression of Bucket Elevators; National 
Grain and Feed Association, P.O. Box 28328, Washington, DC 20005.
    26. Lightning Protection Code, NFPA 78; National Fire Protection 
Association, Batterymarch Park, Quincy, Massachusetts 02269.
    27. Occupational Safety in Grain Elevators, DHHS (NIOSH) Publication 
No. 83-126); National Institute for Occupational Safety and Health, 
Morgantown, West Virginia 26505.
    28. Retrofitting and Constructing Grain Elevators; National Grain 
and Feed Association, P.O. Box 28328, Washington, DC 20005.
    29. Grain Industry Safety and Health Center--Training Series 
(Preventing grain dust explosions, operations maintenance safety, 
transportation safety, occupational safety and health); Grain Elevator 
and Processing Society, P.O. Box 15026, Commerce Station, Minneapolis, 
Minnesota 55415-0026.
    30. Suggestions for Organized Maintenance; The Mill Mutuals Loss 
Control Department, 1 Pierce Place, Suite 1260 West, Itasca, Illinois 
60143-1269.
    31. Safety--The First Step to Success; The Mill Mutual Loss Control 
Department, 1 Pierce Place, Suite 1260 West, Itasca, Illinois 60143-
1269.
    32. Emergency Plan Notebook; Schoeff, Robert W. and James L. 
Balding, Kansas State University, Cooperative Extension Service, 
Extension Grain Science and Industry, Shellenberger Hall, Manhattan, 
Kansas 66506.

[52 FR 49625, Dec. 31, 1987, as amended at 53 FR 17696, May 18, 1988; 54 
FR 24334, June 7, 1989; 55 FR 25094, June 20, 1990; 61 FR 9242, Mar. 7, 
1996; 61 FR 9584, Mar. 8, 1996; 67 FR 67965, Nov. 7, 2002; 76 FR 80740, 
Dec. 27, 2011]



                          Subpart S_Electrical

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 
8-76 (41 FR 25059), 1-90 (55 FR 9033), 5-2002 (67 FR 65008), 5-2007 (72 
FR 31160), or 1-2012 (77 FR 3912), as applicable; and 29 CFR Part 1911.

                                 General



Sec.  1910.301  Introduction.

    This subpart addresses electrical safety requirements that are 
necessary for the practical safeguarding of employees in their 
workplaces and is divided into four major divisions as follows:
    (a) Design safety standards for electrical systems. These 
regulations are contained in Sec. Sec.  1910.302 through 1910.330. 
Sections 1910.302 through 1910.308 contain design safety standards for 
electric utilization systems. Included in this category are all electric 
equipment and installations used to provide electric power and light for 
employee workplaces. Sections 1910.309 through 1910.330 are reserved for 
possible future design safety standards for other electrical systems.
    (b) Safety-related work practices. These regulations will be 
contained in Sec. Sec.  1910.331 through 1910.360.
    (c) Safety-related maintenance requirements. These regulations will 
be contained in Sec. Sec.  1910.361 through 1910.380.

[[Page 862]]

    (d) Safety requirements for special equipment. These regulations 
will be contained in Sec. Sec.  1910.381 through 1910.398.
    (e) Definitions. Definitions applicable to each division are 
contained in Sec.  1910.399.

[46 FR 4056, Jan. 16, 1981; 46 FR 40185, Aug. 7, 1981]

             Design Safety Standards for Electrical Systems

    Source: Sections 1910.302 through 1910.308 appear at 72 FR 7190, 
Feb. 14, 2007, unless otherwise noted.



Sec.  1910.302  Electric utilization systems.

    Sections 1910.302 through 1910.308 contain design safety standards 
for electric utilization systems.
    (a) Scope--(1) Covered. The provisions of Sec. Sec.  1910.302 
through 1910.308 cover electrical installations and utilization 
equipment installed or used within or on buildings, structures, and 
other premises, including:
    (i) Yards;
    (ii) Carnivals;
    (iii) Parking and other lots;
    (iv) Mobile homes;
    (v) Recreational vehicles;
    (vi) Industrial substations;
    (vii) Conductors that connect the installations to a supply of 
electricity; and
    (viii) Other outside conductors on the premises.
    (2) Not covered. The provisions of Sec. Sec.  1910.302 through 
1910.308 do not cover:
    (i) Installations in ships, watercraft, railway rolling stock, 
aircraft, or automotive vehicles other than mobile homes and 
recreational vehicles;
    (ii) Installations underground in mines;
    (iii) Installations of railways for generation, transformation, 
transmission, or distribution of power used exclusively for operation of 
rolling stock or installations used exclusively for signaling and 
communication purposes;
    (iv) Installations of communication equipment under the exclusive 
control of communication utilities, located outdoors or in building 
spaces used exclusively for such installations; or
    (v) Installations under the exclusive control of electric utilities 
for the purpose of communication or metering; or for the generation, 
control, transformation, transmission, and distribution of electric 
energy located in buildings used exclusively by utilities for such 
purposes or located outdoors on property owned or leased by the utility 
or on public highways, streets, roads, etc., or outdoors by established 
rights on private property.
    (b) Extent of application--(1) Requirements applicable to all 
installations. The following requirements apply to all electrical 
installations and utilization equipment, regardless of when they were 
designed or installed:

Sec.  1910.303(b)--Examination, installation, and use of equipment
Sec.  1910.303(c)(3)--Electrical connections--Splices
Sec.  1910.303(d)--Arcing parts
Sec.  1910.303(e)--Marking
Sec.  1910.303(f), except (f)(4) and (f)(5)--Disconnecting means and 
    circuits
Sec.  1910.303(g)(2)--600 volts or less--Guarding of live parts
Sec.  1910.304(a)(3)--Use of grounding terminals and devices
Sec.  1910.304(f)(1)(i), (f)(1)(iv), and (f)(1)(v)--Overcurrent 
    protection--600 volts, nominal, or less
Sec.  1910.304(g)(1)(ii), (g)(1)(iii), (g)(1)(iv), and (g)(1)(v)--
    Grounding--Systems to be grounded
Sec.  1910.304(g)(4)--Grounding--Grounding connections
Sec.  1910.304(g)(5)--Grounding--Grounding path
Sec.  1910.304(g)(6)(iv)(A) through (g)(6)(iv)(D), and (g)(6)(vi)--
    Grounding--Supports, enclosures, and equipment to be grounded
Sec.  1910.304(g)(7)--Grounding--Nonelectrical equipment
Sec.  1910.304(g)(8)(i)--Grounding--Methods of grounding fixed equipment
Sec.  1910.305(g)(1)--Flexible cords and cables--Use of flexible cords 
    and cables
Sec.  1910.305(g)(2)(ii) and (g)(2)(iii)--Flexible cords and cables--
    Identification, splices, and terminations
Sec.  1910.307, except as specified in Sec.  1910.307(b)--Hazardous 
    (classified) locations

    (2) Requirements applicable to installations made after March 15, 
1972. Every electrical installation and all utilization equipment 
installed or overhauled after March 15, 1972, shall comply with the 
provisions of Sec. Sec.  1910.302 through

[[Page 863]]

1910.308, except as noted in paragraphs (b)(3) and (b)(4) of this 
section.
    (3) Requirements applicable only to installations made after April 
16, 1981. The following requirements apply only to electrical 
installations and utilization equipment installed after April 16, 1981:

Sec.  1910.303(h)(4)--Over 600 volts, nominal--Entrance and access to 
    work space
Sec.  1910.304(f)(1)(vii) and (f)(1)(viii)--Overcurrent protection--600 
    volts, nominal, or less
Sec.  1910.304(g)(9)(i)--Grounding--Grounding of systems and circuits of 
    1000 volts and over (high voltage)
Sec.  1910.305(j)(6)(ii)(D)--Equipment for general use--Capacitors
Sec.  1910.306(c)(9)--Elevators, dumbwaiters, escalators, moving walks, 
    wheelchair lifts, and stairway chair lifts--Interconnection between 
    multicar controllers
Sec.  1910.306(i)--Electrically driven or controlled irrigation machines
Sec.  1910.306(j)(5)--Swimming pools, fountains, and similar 
    installations--Fountains
Sec.  1910.308(a)(1)(ii)--Systems over 600 volts, nominal--Aboveground 
    wiring methods
Sec.  1910.308(c)(2)--Class 1, Class 2, and Class 3 remote control, 
    signaling, and power-limited circuits--Marking
Sec.  1910.308(d)--Fire alarm systems

    (4) Requirements applicable only to installations made after August 
13, 2007. The following requirements apply only to electrical 
installations and utilization equipment installed after August 13, 2007:

Sec.  1910.303(f)(4)--Disconnecting means and circuits--Capable of 
    accepting a lock
Sec.  1910.303(f)(5)--Disconnecting means and circuits--Marking for 
    series combination ratings
Sec.  1910.303(g)(1)(iv) and (g)(1)(vii)--600 Volts, nominal, or less--
    Space about electric equipment
Sec.  1910.303(h)(5)(vi)--Over 600 volts, nominal--Working space and 
    guarding
Sec.  1910.304(b)(1)--Branch circuits--Identification of multiwire 
    branch circuits
Sec.  1910.304(b)(3)(i)--Branch circuits--Ground-fault circuit 
    interrupter protection for personnel
Sec.  1910.304(f)(2)(i)(A), (f)(2)(i)(B) (but not the introductory text 
    to Sec.  1910.304(f)(2)(i)), and (f)(2)(iv)(A)--Overcurrent 
    protection--Feeders and branch circuits over 600 volts, nominal
Sec.  1910.305(c)(3)(ii)--Switches--Connection of switches
Sec.  1910.305(c)(5)--Switches--Grounding
Sec.  1910.306(a)(1)(ii)--Electric signs and outline lighting--
    Disconnecting means
Sec.  1910.306(c)(4)--Elevators, dumbwaiters, escalators, moving walks, 
    wheelchair lifts, and stairway chair lifts--Operation
Sec.  1910.306(c)(5)--Elevators, dumbwaiters, escalators, moving walks, 
    wheelchair lifts, and stairway chair lifts--Location
Sec.  1910.306(c)(6)--Elevators, dumbwaiters, escalators, moving walks, 
    wheelchair lifts, and stairway chair lifts--Identification and signs
Sec.  1910.306(c)(7)--Elevators, dumbwaiters, escalators, moving walks, 
    wheelchair lifts, and stairway chair lifts--Single-car and multicar 
    installations
Sec.  1910.306(j)(1)(iii)--Swimming pools, fountains, and similar 
    installations--Receptacles
Sec.  1910.306(k)--Carnivals, circuses, fairs, and similar events
Sec.  1910.308(a)(5)(v) and (a)(5)(vi)(B)--Systems over 600 volts, 
    nominal--Interrupting and isolating devices
Sec.  1910.308(a)(7)(vi)--Systems over 600 volts, nominal--Tunnel 
    installations
Sec.  1910.308(b)(3)--Emergency power systems--Signs
Sec.  1910.308(c)(3)--Class 1, Class 2, and Class 3 remote control, 
    signaling, and power-limited circuits--Separation from conductors of 
    other circuits
Sec.  1910.308(f)--Solar photovoltaic systems

    (c) Applicability of requirements for disconnecting means. The 
requirement in Sec.  1910.147(c)(2)(iii) that energy isolating devices 
be capable of accepting a lockout device whenever replacement or major 
repair, renovation or modification of a machine or equipment is 
performed, and whenever new machines or equipment are installed after 
January 2, 1990, applies in addition to any requirements in Sec. Sec.  
1910.303 through 1910.308 that disconnecting means be capable of being 
locked in the open position under certain conditions.

[[Page 864]]



Sec.  1910.303  General.

    (a) Approval. The conductors and equipment required or permitted by 
this subpart shall be acceptable only if approved, as defined in Sec.  
1910.399.
    (b) Examination, installation, and use of equipment--(1) 
Examination. Electric equipment shall be free from recognized hazards 
that are likely to cause death or serious physical harm to employees. 
Safety of equipment shall be determined using the following 
considerations:
    (i) Suitability for installation and use in conformity with the 
provisions of this subpart;

    Note to paragraph (b)(1)(i) of this section: Suitability of 
equipment for an identified purpose may be evidenced by listing or 
labeling for that identified purpose.

    (ii) Mechanical strength and durability, including, for parts 
designed to enclose and protect other equipment, the adequacy of the 
protection thus provided;
    (iii) Wire-bending and connection space;
    (iv) Electrical insulation;
    (v) Heating effects under all conditions of use;
    (vi) Arcing effects;
    (vii) Classification by type, size, voltage, current capacity, and 
specific use; and
    (viii) Other factors that contribute to the practical safeguarding 
of persons using or likely to come in contact with the equipment.
    (2) Installation and use. Listed or labeled equipment shall be 
installed and used in accordance with any instructions included in the 
listing or labeling.
    (3) Insulation integrity. Completed wiring installations shall be 
free from short circuits and from grounds other than those required or 
permitted by this subpart.
    (4) Interrupting rating. Equipment intended to interrupt current at 
fault levels shall have an interrupting rating sufficient for the 
nominal circuit voltage and the current that is available at the line 
terminals of the equipment. Equipment intended to interrupt current at 
other than fault levels shall have an interrupting rating at nominal 
circuit voltage sufficient for the current that must be interrupted.
    (5) Circuit impedance and other characteristics. The overcurrent 
protective devices, the total impedance, the component short-circuit 
current ratings, and other characteristics of the circuit to be 
protected shall be selected and coordinated to permit the circuit 
protective devices used to clear a fault to do so without the occurrence 
of extensive damage to the electrical components of the circuit. This 
fault shall be assumed to be either between two or more of the circuit 
conductors, or between any circuit conductor and the grounding conductor 
or enclosing metal raceway.
    (6) Deteriorating agents. Unless identified for use in the operating 
environment, no conductors or equipment shall be located in damp or wet 
locations; where exposed to gases, fumes, vapors, liquids, or other 
agents that have a deteriorating effect on the conductors or equipment; 
or where exposed to excessive temperatures.
    (7) Mechanical execution of work. Electric equipment shall be 
installed in a neat and workmanlike manner.
    (i) Unused openings in boxes, raceways, auxiliary gutters, cabinets, 
equipment cases, or housings shall be effectively closed to afford 
protection substantially equivalent to the wall of the equipment.
    (ii) Conductors shall be racked to provide ready and safe access in 
underground and subsurface enclosures that persons enter for 
installation and maintenance.
    (iii) Internal parts of electrical equipment, including busbars, 
wiring terminals, insulators, and other surfaces, may not be damaged or 
contaminated by foreign materials such as paint, plaster, cleaners, 
abrasives, or corrosive residues.
    (iv) There shall be no damaged parts that may adversely affect safe 
operation or mechanical strength of the equipment, such as parts that 
are broken, bent, cut, or deteriorated by corrosion, chemical action, or 
overheating.
    (8) Mounting and cooling of equipment. (i) Electric equipment shall 
be firmly secured to the surface on which it is mounted.


[[Page 865]]


    Note to paragraph (b)(8)(i) of this section: Wooden plugs driven 
into holes in masonry, concrete, plaster, or similar materials are not 
considered secure means of fastening electric equipment.

    (ii) Electric equipment that depends on the natural circulation of 
air and convection principles for cooling of exposed surfaces shall be 
installed so that room airflow over such surfaces is not prevented by 
walls or by adjacent installed equipment. For equipment designed for 
floor mounting, clearance between top surfaces and adjacent surfaces 
shall be provided to dissipate rising warm air.
    (iii) Electric equipment provided with ventilating openings shall be 
installed so that walls or other obstructions do not prevent the free 
circulation of air through the equipment.
    (c) Electrical connections--(1) General. Because of different 
characteristics of dissimilar metals:
    (i) Devices such as pressure terminal or pressure splicing 
connectors and soldering lugs shall be identified for the material of 
the conductor and shall be properly installed and used;
    (ii) Conductors of dissimilar metals may not be intermixed in a 
terminal or splicing connector where physical contact occurs between 
dissimilar conductors (such as copper and aluminum, copper and copper-
clad aluminum, or aluminum and copper-clad aluminum) unless the device 
is identified for the purpose and conditions of use; and
    (iii) Materials such as solder, fluxes, inhibitors, and compounds, 
where employed, shall be suitable for the use and shall be of a type 
that will not adversely affect the conductors, installation, or 
equipment.
    (2) Terminals. (i) Connection of conductors to terminal parts shall 
ensure a good connection without damaging the conductors and shall be 
made by means of pressure connectors (including set-screw type), solder 
lugs, or splices to flexible leads. However, No. 10 or smaller 
conductors may be connected by means of wire binding screws or studs and 
nuts having upturned lugs or equivalent.
    (ii) Terminals for more than one conductor and terminals used to 
connect aluminum shall be so identified.
    (3) Splices. (i) Conductors shall be spliced or joined with splicing 
devices identified for the use or by brazing, welding, or soldering with 
a fusible metal or alloy. Soldered splices shall first be spliced or 
joined to be mechanically and electrically secure without solder and 
then soldered. All splices and joints and the free ends of conductors 
shall be covered with an insulation equivalent to that of the conductors 
or with an insulating device identified for the purpose.
    (ii) Wire connectors or splicing means installed on conductors for 
direct burial shall be listed for such use.
    (d) Arcing parts. Parts of electric equipment that in ordinary 
operation produce arcs, sparks, flames, or molten metal shall be 
enclosed or separated and isolated from all combustible material.
    (e) Marking--(1) Identification of manufacturer and ratings. 
Electric equipment may not be used unless the following markings have 
been placed on the equipment:
    (i) The manufacturer's name, trademark, or other descriptive marking 
by which the organization responsible for the product may be identified; 
and
    (ii) Other markings giving voltage, current, wattage, or other 
ratings as necessary.
    (2) Durability. The marking shall be of sufficient durability to 
withstand the environment involved.
    (f) Disconnecting means and circuits--(1) Motors and appliances. 
Each disconnecting means required by this subpart for motors and 
appliances shall be legibly marked to indicate its purpose, unless 
located and arranged so the purpose is evident.
    (2) Services, feeders, and branch circuits. Each service, feeder, 
and branch circuit, at its disconnecting means or overcurrent device, 
shall be legibly marked to indicate its purpose, unless located and 
arranged so the purpose is evident.
    (3) Durability of markings. The markings required by paragraphs 
(f)(1) and (f)(2) of this section shall be of sufficient durability to 
withstand the environment involved.

[[Page 866]]

    (4) Capable of accepting a lock. Disconnecting means required by 
this subpart shall be capable of being locked in the open position.
    (5) Marking for series combination ratings. (i) Where circuit 
breakers or fuses are applied in compliance with the series combination 
ratings marked on the equipment by the manufacturer, the equipment 
enclosures shall be legibly marked in the field to indicate that the 
equipment has been applied with a series combination rating.
    (ii) The marking required by paragraph (f)(5)(i) of this section 
shall be readily visible and shall state ``Caution--Series Combination 
System Rated __ Amperes. Identified Replacement Component Required.''
    (g) 600 Volts, nominal, or less. This paragraph applies to electric 
equipment operating at 600 volts, nominal, or less to ground.
    (1) Space about electric equipment. Sufficient access and working 
space shall be provided and maintained about all electric equipment to 
permit ready and safe operation and maintenance of such equipment.
    (i) Working space for equipment likely to require examination, 
adjustment, servicing, or maintenance while energized shall comply with 
the following dimensions, except as required or permitted elsewhere in 
this subpart:
    (A) The depth of the working space in the direction of access to 
live parts may not be less than indicated in Table S-1. Distances shall 
be measured from the live parts if they are exposed or from the 
enclosure front or opening if they are enclosed;
    (B) The width of working space in front of the electric equipment 
shall be the width of the equipment or 762 mm (30 in.), whichever is 
greater. In all cases, the working space shall permit at least a 90-
degree opening of equipment doors or hinged panels; and
    (C) The work space shall be clear and extend from the grade, floor, 
or platform to the height required by paragraph (g)(1)(vi) of this 
section. However, other equipment associated with the electrical 
installation and located above or below the electric equipment may 
extend not more than 153 mm (6 in.) beyond the front of the electric 
equipment.
    (ii) Working space required by this standard may not be used for 
storage. When normally enclosed live parts are exposed for inspection or 
servicing, the working space, if in a passageway or general open space, 
shall be suitably guarded.
    (iii) At least one entrance of sufficient area shall be provided to 
give access to the working space about electric equipment.
    (iv) For equipment rated 1200 amperes or more and over 1.83 m (6.0 
ft) wide, containing overcurrent devices, switching devices, or control 
devices, there shall be one entrance not less than 610 mm (24 in.) wide 
and 1.98 m (6.5 ft) high at each end of the working space, except that:
    (A) Where the location permits a continuous and unobstructed way of 
exit travel, one means of exit is permitted; or
    (B) Where the working space required by paragraph (g)(1)(i) of this 
section is doubled, only one entrance to the working space is required; 
however, the entrance shall be located so that the edge of the entrance 
nearest the equipment is the minimum clear distance given in Table S-1 
away from such equipment.
    (v) Illumination shall be provided for all working spaces about 
service equipment, switchboards, panelboards, and motor control centers 
installed indoors. Additional lighting fixtures are not required where 
the working space is illuminated by an adjacent light source. In 
electric equipment rooms, the illumination may not be controlled by 
automatic means only.
    (vi) The minimum headroom of working spaces about service equipment, 
switchboards, panelboards, or motor control centers shall be as follows:
    (A) For installations built before August 13, 2007, 1.91 m (6.25 
ft); and
    (B) For installations built on or after August 13, 2007, 1.98 m (6.5 
ft), except that where the electrical equipment exceeds 1.98 m (6.5 ft) 
in height, the minimum headroom may not be less than the height of the 
equipment.

[[Page 867]]



              Table S-1--Minimum Depth of Clear Working Space at Electric Equipment, 600 V or Less
----------------------------------------------------------------------------------------------------------------
                                                          Minimum clear distance for condition \2\ \3\
                                               -----------------------------------------------------------------
           Nominal voltage to ground                 Condition A           Condition B           Condition C
                                               -----------------------------------------------------------------
                                                    m          ft         m          ft         m          ft
----------------------------------------------------------------------------------------------------------------
0-150.........................................     \1\0.9     \1\3.0     \1\0.9     \1\3.0        0.9        3.0
151-600.......................................     \1\0.9     \1\3.0        1.0        3.5        1.2       4.0
----------------------------------------------------------------------------------------------------------------
Notes to Table S-1:
 1. Minimum clear distances may be 0.7 m (2.5 ft) for installations built before April 16, 1981.
 2. Conditions A, B, and C are as follows:
 Condition A--Exposed live parts on one side and no live or grounded parts on the other side of the working
  space, or exposed live parts on both sides effectively guarded by suitable wood or other insulating material.
  Insulated wire or insulated busbars operating at not over 300 volts are not considered live parts.
 Condition B--Exposed live parts on one side and grounded parts on the other side.
 Condition C--Exposed live parts on both sides of the work space (not guarded as provided in Condition A) with
  the operator between.
 3. Working space is not required in back of assemblies such as dead-front switchboards or motor control centers
  where there are no renewable or adjustable parts (such as fuses or switches) on the back and where all
  connections are accessible from locations other than the back. Where rear access is required to work on
  deenergized parts on the back of enclosed equipment, a minimum working space of 762 mm (30 in.) horizontally
  shall be provided.

    (vii) Switchboards, panelboards, and distribution boards installed 
for the control of light and power circuits, and motor control centers 
shall be located in dedicated spaces and protected from damage.
    (A) For indoor installation, the dedicated space shall comply with 
the following:
    (1) The space equal to the width and depth of the equipment and 
extending from the floor to a height of 1.83 m (6.0 ft) above the 
equipment or to the structural ceiling, whichever is lower, shall be 
dedicated to the electrical installation. Unless isolated from equipment 
by height or physical enclosures or covers that will afford adequate 
mechanical protection from vehicular traffic or accidental contact by 
unauthorized personnel or that complies with paragraph (g)(1)(vii)(A)(2) 
of this section, piping, ducts, or equipment foreign to the electrical 
installation may not be located in this area;
    (2) The space equal to the width and depth of the equipment shall be 
kept clear of foreign systems unless protection is provided to avoid 
damage from condensation, leaks, or breaks in such foreign systems. This 
area shall extend from the top of the electric equipment to the 
structural ceiling;
    (3) Sprinkler protection is permitted for the dedicated space where 
the piping complies with this section; and
    (4) Control equipment that by its very nature or because of other 
requirements in this subpart must be adjacent to or within sight of its 
operating machinery is permitted in the dedicated space.

    Note to paragraph (g)(1)(vii)(A) of this section: A dropped, 
suspended, or similar ceiling that does not add strength to the building 
structure is not considered a structural ceiling.

    (B) Outdoor electric equipment shall be installed in suitable 
enclosures and shall be protected from accidental contact by 
unauthorized personnel, or by vehicular traffic, or by accidental 
spillage or leakage from piping systems. No architectural appurtenance 
or other equipment may be located in the working space required by 
paragraph (g)(1)(i) of this section.
    (2) Guarding of live parts. (i) Except as elsewhere required or 
permitted by this standard, live parts of electric equipment operating 
at 50 volts or more shall be guarded against accidental contact by use 
of approved cabinets or other forms of approved enclosures or by any of 
the following means:
    (A) By location in a room, vault, or similar enclosure that is 
accessible only to qualified persons;
    (B) By suitable permanent, substantial partitions or screens so 
arranged so that only qualified persons will have access to the space 
within reach of the live parts. Any openings in such partitions or 
screens shall be so sized and located that persons are not likely to 
come into accidental contact with the live parts or to bring conducting 
objects into contact with them;
    (C) By placement on a suitable balcony, gallery, or platform so 
elevated

[[Page 868]]

and otherwise located as to prevent access by unqualified persons; or
    (D) By elevation of 2.44 m (8.0 ft) or more above the floor or other 
working surface.
    (ii) In locations where electric equipment is likely to be exposed 
to physical damage, enclosures or guards shall be so arranged and of 
such strength as to prevent such damage.
    (iii) Entrances to rooms and other guarded locations containing 
exposed live parts shall be marked with conspicuous warning signs 
forbidding unqualified persons to enter.
    (h) Over 600 volts, nominal--(1) General. Conductors and equipment 
used on circuits exceeding 600 volts, nominal, shall comply with all 
applicable provisions of the paragraphs (a) through (g) of this section 
and with the following provisions, which supplement or modify the 
preceding requirements. However, paragraphs (h)(2), (h)(3), and (h)(4) 
of this section do not apply to the equipment on the supply side of the 
service point.
    (2) Enclosure for electrical installations. (i) Electrical 
installations in a vault, room, or closet or in an area surrounded by a 
wall, screen, or fence, access to which is controlled by lock and key or 
other approved means, are considered to be accessible to qualified 
persons only. The type of enclosure used in a given case shall be 
designed and constructed according to the hazards associated with the 
installation.
    (ii) For installations other than equipment described in paragraph 
(h)(2)(v) of this section, a wall, screen, or fence shall be used to 
enclose an outdoor electrical installation to deter access by persons 
who are not qualified. A fence may not be less than 2.13 m (7.0 ft) in 
height or a combination of 1.80 m (6.0 ft) or more of fence fabric and a 
305-mm (1-ft) or more extension utilizing three or more strands of 
barbed wire or equivalent.
    (iii) The following requirements apply to indoor installations that 
are accessible to other than qualified persons:
    (A) The installations shall be made with metal-enclosed equipment or 
shall be enclosed in a vault or in an area to which access is controlled 
by a lock;
    (B) Metal-enclosed switchgear, unit substations, transformers, pull 
boxes, connection boxes, and other similar associated equipment shall be 
marked with appropriate caution signs; and
    (C) Openings in ventilated dry-type transformers and similar 
openings in other equipment shall be designed so that foreign objects 
inserted through these openings will be deflected from energized parts.
    (iv) Outdoor electrical installations having exposed live parts 
shall be accessible to qualified persons only.
    (v) The following requirements apply to outdoor enclosed equipment 
accessible to unqualified employees:
    (A) Ventilating or similar openings in equipment shall be so 
designed that foreign objects inserted through these openings will be 
deflected from energized parts;
    (B) Where exposed to physical damage from vehicular traffic, 
suitable guards shall be provided;
    (C) Nonmetallic or metal-enclosed equipment located outdoors and 
accessible to the general public shall be designed so that exposed nuts 
or bolts cannot be readily removed, permitting access to live parts;
    (D) Where nonmetallic or metal-enclosed equipment is accessible to 
the general public and the bottom of the enclosure is less than 2.44 m 
(8.0 ft) above the floor or grade level, the enclosure door or hinged 
cover shall be kept locked; and
    (E) Except for underground box covers that weigh over 45.4 kg (100 
lb), doors and covers of enclosures used solely as pull boxes, splice 
boxes, or junction boxes shall be locked, bolted, or screwed on.
    (3) Work space about equipment. Sufficient space shall be provided 
and maintained about electric equipment to permit ready and safe 
operation and maintenance of such equipment. Where energized parts are 
exposed, the minimum clear work space may not be less than 1.98 m (6.5 
ft) high (measured vertically from the floor or platform) or less than 
914 mm (3.0 ft) wide (measured parallel to the equipment). The depth 
shall be as required in paragraph (h)(5)(i) of this section. In all 
cases, the work space shall be adequate to permit

[[Page 869]]

at least a 90-degree opening of doors or hinged panels.
    (4) Entrance and access to work space. (i) At least one entrance not 
less than 610 mm (24 in.) wide and 1.98 m (6.5 ft) high shall be 
provided to give access to the working space about electric equipment.
    (A) On switchboard and control panels exceeding 1.83 m (6.0 ft) in 
width, there shall be one entrance at each end of such boards unless the 
location of the switchboards and control panels permits a continuous and 
unobstructed way of exit travel, or unless the work space required in 
paragraph (h)(5)(i) of this section is doubled.
    (B) Where one entrance to the working space is permitted under the 
conditions described in paragraph (h)(4)(i)(A) of this section, the 
entrance shall be located so that the edge of the entrance nearest the 
switchboards and control panels is at least the minimum clear distance 
given in Table S-2 away from such equipment.
    (C) Where bare energized parts at any voltage or insulated energized 
parts above 600 volts, nominal, to ground are located adjacent to such 
entrance, they shall be suitably guarded.
    (ii) Permanent ladders or stairways shall be provided to give safe 
access to the working space around electric equipment installed on 
platforms, balconies, mezzanine floors, or in attic or roof rooms or 
spaces.
    (5) Working space and guarding. (i) Except as elsewhere required or 
permitted in this subpart, the minimum clear working space in the 
direction of access to live parts of electric equipment may not be less 
than specified in Table S-2. Distances shall be measured from the live 
parts, if they are exposed, or from the enclosure front or opening, if 
they are enclosed.
    (ii) If switches, cutouts, or other equipment operating at 600 
volts, nominal, or less, are installed in a room or enclosure where 
there are exposed live parts or exposed wiring operating at over 600 
volts, nominal, the high-voltage equipment shall be effectively 
separated from the space occupied by the low-voltage equipment by a 
suitable partition, fence, or screen. However, switches or other 
equipment operating at 600 volts, nominal, or less, and serving only 
equipment within the high-voltage vault, room, or enclosure may be 
installed in the high-voltage enclosure, room, or vault if accessible to 
qualified persons only.
    (iii) The following requirements apply to the entrances to all 
buildings, rooms, or enclosures containing exposed live parts or exposed 
conductors operating at over 600 volts, nominal:
    (A) The entrances shall be kept locked unless they are under the 
observation of a qualified person at all times; and
    (B) Permanent and conspicuous warning signs shall be provided, 
reading substantially as follows:

                   ``DANGER--HIGH VOLTAGE--KEEP OUT.''

    (iv) Illumination shall be provided for all working spaces about 
electric equipment.
    (A) The lighting outlets shall be arranged so that persons changing 
lamps or making repairs on the lighting system will not be endangered by 
live parts or other equipment.
    (B) The points of control shall be located so that persons are 
prevented from contacting any live part or moving part of the equipment 
while turning on the lights.
    (v) Unguarded live parts above working space shall be maintained at 
elevations not less than specified in Table S-3.
    (vi) Pipes or ducts that are foreign to the electrical installation 
and that require periodic maintenance or whose malfunction would 
endanger the operation of the electrical system may not be located in 
the vicinity of service equipment, metal-enclosed power switchgear, or 
industrial control assemblies. Protection shall be provided where 
necessary to avoid damage from condensation leaks and breaks in such 
foreign systems.

    Note to paragraph (h)(5)(vi) of this section: Piping and other 
facilities are not considered foreign if provided for fire protection of 
the electrical installation.

[[Page 870]]



                Table S-2--Minimum Depth of Clear Working Space at Electric Equipment, Over 600 V
----------------------------------------------------------------------------------------------------------------
                                                          Minimum clear distance for condition \2\ \3\
                                               -----------------------------------------------------------------
           Nominal voltage to ground                 Condition A           Condition B           Condition C
                                               -----------------------------------------------------------------
                                                    m          ft         m          ft         m          ft
----------------------------------------------------------------------------------------------------------------
601-2500 V....................................        0.9        3.0        1.2        4.0        1.5        5.0
2501-9000 V...................................        1.2        4.0        1.5        5.0        1.8        6.0
9001 V-25 kV..................................        1.5        5.0        1.8        6.0        2.8        9.0
Over 25-75 kV \1\.............................        1.8        6.0        2.5        8.0        3.0       10.0
Above 75 kV \1\...............................        2.5        8.0        3.0       10.0        3.7      12.0
----------------------------------------------------------------------------------------------------------------
Notes to Table S-2:
\1\ Minimum depth of clear working space in front of electric equipment with a nominal voltage to ground above
  25,000 volts may be the same as that for 25,000 volts under Conditions A, B, and C for installations built
  before April 16, 1981.
\2\ Conditions A, B, and C are as follows:
Condition A--Exposed live parts on one side and no live or grounded parts on the other side of the working
  space, or exposed live parts on both sides effectively guarded by suitable wood or other insulating material.
  Insulated wire or insulated busbars operating at not over 300 volts are not considered live parts.
Condition B--Exposed live parts on one side and grounded parts on the other side. Concrete, brick, and tile
  walls are considered as grounded surfaces.
Condition C--Exposed live parts on both sides of the work space (not guarded as provided in Condition A) with
  the operator between.
\3\ Working space is not required in back of equipment such as dead-front switchboards or control assemblies
  that has no renewable or adjustable parts (such as fuses or switches) on the back and where all connections
  are accessible from locations other than the back. Where rear access is required to work on the deenergized
  parts on the back of enclosed equipment, a minimum working space 762 mm (30 in.) horizontally shall be
  provided.


    Table S-3--Elevation of Unguarded Live Parts Above Working Space
------------------------------------------------------------------------
                                                 Elevation
 Nominal voltage between phases  ---------------------------------------
                                           m                  ft
------------------------------------------------------------------------
601-7500 V......................  \1\ 2.8...........  \1\ 9.0.
7501 V-35 kV....................  2.8...............  9.0.
Over 35 kV......................  2.8 + 9.5 mm/kV     9.0 + 0.37 in./kV
                                   over 35 kV.         over 35 kV.
------------------------------------------------------------------------
\1\ The minimum elevation may be 2.6 m (8.5 ft) for installations built
  before August 13, 2007. The minimum elevation may be 2.4 m (8.0 ft)
  for installations built before April 16, 1981, if the nominal voltage
  between phases is in the range of 601-6600 volts.


[46 FR 4056, Jan. 16, 1981, as amended at 73 FR 64205, Oct. 29, 2008]



Sec.  1910.304  Wiring design and protection.

    (a) Use and identification of grounded and grounding conductors--(1) 
Identification of conductors. (i) A conductor used as a grounded 
conductor shall be identifiable and distinguishable from all other 
conductors.
    (ii) A conductor used as an equipment grounding conductor shall be 
identifiable and distinguishable from all other conductors.
    (2) Polarity of connections. No grounded conductor may be attached 
to any terminal or lead so as to reverse designated polarity.
    (3) Use of grounding terminals and devices. A grounding terminal or 
grounding-type device on a receptacle, cord connector, or attachment 
plug may not be used for purposes other than grounding.
    (b) Branch circuits--(1) Identification of multiwire branch 
circuits. Where more than one nominal voltage system exists in a 
building containing multiwire branch circuits, each ungrounded conductor 
of a multiwire branch circuit, where accessible, shall be identified by 
phase and system. The means of identification shall be permanently 
posted at each branch-circuit panelboard.
    (2) Receptacles and cord connectors. (i) Receptacles installed on 
15- and 20-ampere branch circuits shall be of the grounding type except 
as permitted for replacement receptacles in paragraph (b)(2)(iv) of this 
section. Grounding-type receptacles shall be installed only on circuits 
of the voltage class and current for which they are rated, except as 
provided in Table S-4 and Table S-5.
    (ii) Receptacles and cord connectors having grounding contacts shall 
have those contacts effectively grounded except for receptacles mounted 
on portable and vehicle-mounted generators in accordance with paragraph 
(g)(3) of this section and replacement receptacles installed in 
accordance with paragraph (b)(2)(iv) of this section.
    (iii) The grounding contacts of receptacles and cord connectors 
shall be grounded by connection to the equipment grounding conductor of 
the circuit supplying the receptacle or cord connector. The branch 
circuit wiring method shall include or provide an equipment grounding 
conductor to

[[Page 871]]

which the grounding contacts of the receptacle or cord connector shall 
be connected.
    (iv) Replacement of receptacles shall comply with the following 
requirements:
    (A) Where a grounding means exists in the receptacle enclosure or a 
grounding conductor is installed, grounding-type receptacles shall be 
used and shall be connected to the grounding means or conductor;
    (B) Ground-fault circuit-interrupter protected receptacles shall be 
provided where replacements are made at receptacle outlets that are 
required to be so protected elsewhere in this subpart; and
    (C) Where a grounding means does not exist in the receptacle 
enclosure, the installation shall comply with one of the following 
provisions:
    (1) A nongrounding-type receptacle may be replaced with another 
nongrounding-type receptacle; or
    (2) A nongrounding-type receptacle may be replaced with a ground-
fault circuit-interrupter-type of receptacle that is marked ``No 
Equipment Ground;'' an equipment grounding conductor may not be 
connected from the ground-fault circuit-interrupter-type receptacle to 
any outlet supplied from the ground-fault circuit-interrupter 
receptacle; or
    (3) A nongrounding-type receptacle may be replaced with a grounding-
type receptacle where supplied through a ground-fault circuit-
interrupter; the replacement receptacle shall be marked ``GFCI 
Protected'' and ``No Equipment Ground;'' an equipment grounding 
conductor may not be connected to such grounding-type receptacles.
    (v) Receptacles connected to circuits having different voltages, 
frequencies, or types of current (ac or dc) on the same premises shall 
be of such design that the attachment plugs used on these circuits are 
not interchangeable.
    (3) Ground-fault circuit interrupter protection for personnel. (i) 
All 125-volt, single-phase, 15- and 20-ampere receptacles installed in 
bathrooms or on rooftops shall have ground-fault circuit-interrupter 
protection for personnel.
    (ii) The following requirements apply to temporary wiring 
installations that are used during construction-like activities, 
including certain maintenance, remodeling, or repair activities, 
involving buildings, structures or equipment.
    (A) All 125-volt, single-phase,15-, 20-, and 30-ampere receptacle 
outlets that are not part of the permanent wiring of the building or 
structure and that are in use by personnel shall have ground-fault 
circuit-interrupter protection for personnel.

    Note 1 to paragraph (b)(3)(ii)(A) of this section: A cord connector 
on an extension cord set is considered to be a receptacle outlet if the 
cord set is used for temporary electric power.
    Note 2 to paragraph (b)(3)(ii)(A) of this section: Cord sets and 
devices incorporating the required ground-fault circuit-interrupter that 
are connected to the receptacle closest to the source of power are 
acceptable forms of protection.

    (B) Receptacles other than 125 volt, single-phase, 15-, 20-, and 30-
ampere receptacles that are not part of the permanent wiring of the 
building or structure and that are in use by personnel shall have 
ground-fault circuit-interrupter protection for personnel.
    (C) Where the ground-fault circuit-interrupter protection required 
by paragraph (b)(3)(ii)(B) of this section is not available for 
receptacles other than 125-volt, single-phase, 15-, 20-, and 30-ampere, 
the employer shall establish and implement an assured equipment 
grounding conductor program covering cord sets, receptacles that are not 
a part of the building or structure, and equipment connected by cord and 
plug that are available for use or used by employees on those 
receptacles. This program shall comply with the following requirements:
    (1) A written description of the program, including the specific 
procedures adopted by the employer, shall be available at the jobsite 
for inspection and copying by the Assistant Secretary of Labor and any 
affected employee;
    (2) The employer shall designate one or more competent persons to 
implement the program;
    (3) Each cord set, attachment cap, plug, and receptacle of cord 
sets, and any equipment connected by cord and

[[Page 872]]

plug, except cord sets and receptacles which are fixed and not exposed 
to damage, shall be visually inspected before each day's use for 
external defects, such as deformed or missing pins or insulation damage, 
and for indications of possible internal damage. Equipment found damaged 
or defective shall not be used until repaired;
    (4) The following tests shall be performed on all cord sets and 
receptacles which are not a part of the permanent wiring of the building 
or structure, and cord- and plug-connected equipment required to be 
grounded:
    (i) All equipment grounding conductors shall be tested for 
continuity and shall be electrically continuous;
    (ii) Each receptacle and attachment cap or plug shall be tested for 
correct attachment of the equipment grounding conductor. The equipment 
grounding conductor shall be connected to its proper terminal; and
    (iii) All required tests shall be performed before first use; before 
equipment is returned to service following any repairs; before equipment 
is used after any incident which can be reasonably suspected to have 
caused damage (for example, when a cord set is run over); and at 
intervals not to exceed 3 months, except that cord sets and receptacles 
which are fixed and not exposed to damage shall be tested at intervals 
not exceeding 6 months;
    (5) The employer shall not make available or permit the use by 
employees of any equipment which has not met the requirements of 
paragraph (b)(3)(ii)(C) of this section; and
    (6) Tests performed as required in paragraph (b)(3)(ii)(C) of this 
section shall be recorded. This test record shall identify each 
receptacle, cord set, and cord- and plug-connected equipment that passed 
the test and shall indicate the last date it was tested or the interval 
for which it was tested. This record shall be kept by means of logs, 
color coding, or other effective means and shall be maintained until 
replaced by a more current record. The record shall be made available on 
the jobsite for inspection by the Assistant Secretary and any affected 
employee.
    (4) Outlet devices. Outlet devices shall have an ampere rating not 
less than the load to be served and shall comply with the following 
provisions:
    (i) Where connected to a branch circuit having a rating in excess of 
20 amperes, lampholders shall be of the heavy-duty type. A heavy-duty 
lampholder shall have a rating of not less than 660 watts if of the 
admedium type and not less than 750 watts if of any other type; and
    (ii) Receptacle outlets shall comply with the following provisions:
    (A) A single receptacle installed on an individual branch circuit 
shall have an ampere rating of not less than that of the branch circuit;
    (B) Where connected to a branch circuit supplying two or more 
receptacles or outlets, a receptacle may not supply a total cord- and 
plug-connected load in excess of the maximum specified in Table S-4; and
    (C) Where connected to a branch circuit supplying two or more 
receptacles or outlets, receptacle ratings shall conform to the values 
listed in Table S-5; or, where larger than 50 amperes, the receptacle 
rating may not be less than the branch-circuit rating. However, 
receptacles of cord- and plug-connected arc welders may have ampere 
ratings not less than the minimum branch-circuit conductor ampacity.
    (5) Cord connections. A receptacle outlet shall be installed 
wherever flexible cords with attachment plugs are used. Where flexible 
cords are permitted to be permanently connected, receptacles may be 
omitted.

     Table S-4--Maximum Cord- and Plug-Connected Load to Receptacle
------------------------------------------------------------------------
                                                 Receptacle    Maximum
           Circuit rating (amperes)                rating        load
                                                 (amperes)    (amperes)
------------------------------------------------------------------------
15 or 20......................................           15           12
20............................................           20           16
30............................................           30           24
------------------------------------------------------------------------


         Table S-5--Receptacle Ratings for Various Size Circuits
------------------------------------------------------------------------
         Circuit rating (amperes)            Receptacle rating (amperes)
------------------------------------------------------------------------
15........................................  Not over 15.
20........................................  15 or 20.
30........................................  30.
40........................................  40 or 50.
50........................................  50.
------------------------------------------------------------------------


[[Page 873]]

    (c) Outside conductors, 600 volts, nominal, or less. The following 
requirements apply to branch-circuit, feeder, and service conductors 
rated 600 volts, nominal, or less and run outdoors as open conductors.
    (1) Conductors on poles. Conductors on poles shall have a separation 
of not less than 305 mm (1.0 ft) where not placed on racks or brackets. 
Conductors supported on poles shall provide a horizontal climbing space 
not less than the following:
    (i) Power conductors below communication conductors--762 mm (30 
in.);
    (ii) Power conductors alone or above communication conductors:
    (A) 300 volts or less--610 mm (24 in.),
    (B) Over 300 volts--762 mm (30 in.);
    (iii) Communication conductors below power conductors--same as power 
conductors; and
    (iv) Communications conductors alone--no requirement.
    (2) Clearance from ground. Open conductors, open multiconductor 
cables, and service-drop conductors of not over 600 volts, nominal, 
shall conform to the minimum clearances specified in Table S-6.

                                        Table S-6--Clearances From Ground
----------------------------------------------------------------------------------------------------------------
                                     Installations built before August 13,     Installations built on or after
                                                      2007                             August 13, 2007
              Distance              ----------------------------------------------------------------------------
                                       Maximum voltage       Conditions      Voltage to ground     Conditions
----------------------------------------------------------------------------------------------------------------
3.05 m (10.0 ft)...................  <600 V............  Above finished     <150 V............  Above finished
                                                          grade or                               grade or
                                                          sidewalks, or                          sidewalks, or
                                                          from any                               from any
                                                          platform or                            platform or
                                                          projection from                        projection from
                                                          which they might                       which they
                                                          be reached. (If                        might be
                                                          these areas are                        reached. (If
                                                          accessible to                          these areas are
                                                          other than                             accessible to
                                                          pedestrian                             other than
                                                          traffic, then                          pedestrian
                                                          one of the other                       traffic, then
                                                          conditions                             one of the
                                                          applies).                              other
                                                                                                 conditions
                                                                                                 applies.)
3.66 m (12.0 ft)...................  <600 V............  Over areas, other  <300 V............  Over residential
                                                          than public                            property and
                                                          streets, alleys,                       driveways. Over
                                                          roads, and                             commercial
                                                          driveways,                             areas subject
                                                          subject to                             to pedestrian
                                                          vehicular                              traffic or to
                                                          traffic other                          vehicular
                                                          than truck                             traffic other
                                                          traffic.                               than truck
                                                                                                 traffic. (This
                                                                                                 category
                                                                                                 includes
                                                                                                 conditions
                                                                                                 covered under
                                                                                                 the 3.05-m
                                                                                                 (10.0-ft)
                                                                                                 category where
                                                                                                 the voltage
                                                                                                 exceeds 150 V.)
4.57 m (15.0 ft)...................  <600 V............  Over areas, other  301 to 600 V......  Over residential
                                                          than public                            property and
                                                          streets, alleys,                       driveways. Over
                                                          roads, and                             commercial
                                                          driveways,                             areas subject
                                                          subject to truck                       to pedestrian
                                                          traffic.                               traffic or to
                                                                                                 vehicular
                                                                                                 traffic other
                                                                                                 than truck
                                                                                                 traffic. (This
                                                                                                 category
                                                                                                 includes
                                                                                                 conditions
                                                                                                 covered under
                                                                                                 the 3.05-m
                                                                                                 (10.0-ft)
                                                                                                 category where
                                                                                                 the voltage
                                                                                                 exceeds 300 V.)

[[Page 874]]

 
5.49 m (18.0 ft)...................  <600 V............  Over public        <600 V............  Over public
                                                          streets, alleys,                       streets,
                                                          roads, and                             alleys, roads,
                                                          driveways.                             and driveways.
                                                                                                 Over commercial
                                                                                                 areas subject
                                                                                                 to truck
                                                                                                 traffic. Other
                                                                                                 land traversed
                                                                                                 by vehicles,
                                                                                                 including land
                                                                                                 used for
                                                                                                 cultivating or
                                                                                                 grazing and
                                                                                                 forests and
                                                                                                 orchards.
----------------------------------------------------------------------------------------------------------------

    (3) Clearance from building openings. (i) Service conductors 
installed as open conductors or multiconductor cable without an overall 
outer jacket shall have a clearance of not less than 914 mm (3.0 ft) 
from windows that are designed to be opened, doors, porches, balconies, 
ladders, stairs, fire escapes, and similar locations. However, 
conductors that run above the top level of a window may be less than 914 
mm (3.0 ft) from the window. Vertical clearance of final spans above, or 
within 914 mm (3.0 ft) measured horizontally of, platforms, projections, 
or surfaces from which they might be reached shall be maintained in 
accordance with paragraph (c)(2) of this section.
    (ii) Overhead service conductors may not be installed beneath 
openings through which materials may be moved, such as openings in farm 
and commercial buildings, and may not be installed where they will 
obstruct entrance to these building openings.
    (4) Above roofs. Overhead spans of open conductors and open 
multiconductor cables shall have a vertical clearance of not less than 
2.44 m (8.0 ft) above the roof surface. The vertical clearance above the 
roof level shall be maintained for a distance not less than 914 mm (3.0 
ft) in all directions from the edge of the roof.
    (i) The area above a roof surface subject to pedestrian or vehicular 
traffic shall have a vertical clearance from the roof surface in 
accordance with the clearance requirements of paragraph (c)(2) of this 
section.
    (ii) A reduction in clearance to 914 mm (3.0 ft) is permitted where 
the voltage between conductors does not exceed 300 and the roof has a 
slope of 102 mm (4 in.) in 305 mm (12 in.) or greater.
    (iii) A reduction in clearance above only the overhanging portion of 
the roof to not less than 457 mm (18 in.) is permitted where the voltage 
between conductors does not exceed 300 if:
    (A) The conductors do not pass above the roof overhang for a 
distance of more than 1.83 m (6.0 ft), 1.22 m (4.0 ft) horizontally, and
    (B) The conductors are terminated at a through-the-roof raceway or 
approved support.
    (iv) The requirement for maintaining a vertical clearance of 914 mm 
(3.0 ft) from the edge of the roof does not apply to the final conductor 
span, where the conductors are attached to the side of a building.
    (d) Location of outdoor lamps. Lamps for outdoor lighting shall be 
located below all energized conductors, transformers, or other electric 
equipment, unless such equipment is controlled by a disconnecting means 
that can be locked in the open position, or unless adequate clearances 
or other safeguards are provided for relamping operations.
    (e) Services--(1) Disconnecting means. (i) Means shall be provided 
to disconnect all conductors in a building or other structure from the 
service-entrance conductors. The service disconnecting means shall 
plainly indicate whether it is in the open or closed position and shall 
be installed at a

[[Page 875]]

readily accessible location nearest the point of entrance of the 
service-entrance conductors.
    (ii) Each service disconnecting means shall simultaneously 
disconnect all ungrounded conductors.
    (iii) Each service disconnecting means shall be suitable for the 
prevailing conditions.
    (2) Services over 600 volts, nominal. The following additional 
requirements apply to services over 600 volts, nominal.
    (i) Service-entrance conductors installed as open wires shall be 
guarded to make them accessible only to qualified persons.
    (ii) Signs warning of high voltage shall be posted where unqualified 
employees might come in contact with live parts.
    (f) Overcurrent protection--(1) 600 volts, nominal, or less. The 
following requirements apply to overcurrent protection of circuits rated 
600 volts, nominal, or less.
    (i) Conductors and equipment shall be protected from overcurrent in 
accordance with their ability to safely conduct current.
    (ii) Except for motor running overload protection, overcurrent 
devices may not interrupt the continuity of the grounded conductor 
unless all conductors of the circuit are opened simultaneously.
    (iii) A disconnecting means shall be provided on the supply side of 
all fuses in circuits over 150 volts to ground and cartridge fuses in 
circuits of any voltage where accessible to other than qualified persons 
so that each individual circuit containing fuses can be independently 
disconnected from the source of power. However, a current-limiting 
device without a disconnecting means is permitted on the supply side of 
the service disconnecting means. In addition, a single disconnecting 
means is permitted on the supply side of more than one set of fuses as 
permitted by the exception in Sec.  1910.305(j)(4)(vi) for group 
operation of motors, and a single disconnecting means is permitted for 
fixed electric space-heating equipment.
    (iv) Overcurrent devices shall be readily accessible to each 
employee or authorized building management personnel. These overcurrent 
devices may not be located where they will be exposed to physical damage 
or in the vicinity of easily ignitable material.
    (v) Fuses and circuit breakers shall be so located or shielded that 
employees will not be burned or otherwise injured by their operation. 
Handles or levers of circuit breakers, and similar parts that may move 
suddenly in such a way that persons in the vicinity are likely to be 
injured by being struck by them, shall be guarded or isolated.
    (vi) Circuit breakers shall clearly indicate whether they are in the 
open (off) or closed (on) position.
    (vii) Where circuit breaker handles on switchboards are operated 
vertically rather than horizontally or rotationally, the up position of 
the handle shall be the closed (on) position.
    (viii) Circuit breakers used as switches in 120-volt and 277-volt, 
fluorescent lighting circuits shall be listed and marked ``SWD.''
    (ix) A circuit breaker with a straight voltage rating, such as 240 V 
or 480 V, may only be installed in a circuit in which the nominal 
voltage between any two conductors does not exceed the circuit breaker's 
voltage rating. A two-pole circuit breaker may not be used for 
protecting a 3-phase, corner-grounded delta circuit unless the circuit 
breaker is marked 1[Phi]--3[Phi] to indicate such suitability. A circuit 
breaker with a slash rating, such as 120/240 V or 480Y/277 V, may only 
be installed in a circuit where the nominal voltage of any conductor to 
ground does not exceed the lower of the two values of the circuit 
breaker's voltage rating and the nominal voltage between any two 
conductors does not exceed the higher value of the circuit breaker's 
voltage rating.
    (2) Feeders and branch circuits over 600 volts, nominal. The 
following requirements apply to feeders and branch circuits energized at 
more than 600 volts, nominal:
    (i) Feeder and branch-circuit conductors shall have overcurrent 
protection in each ungrounded conductor located at the point where the 
conductor receives its supply or at a location in the circuit determined 
under engineering supervision;

[[Page 876]]

    (A) Circuit breakers used for overcurrent protection of three-phase 
circuits shall have a minimum of three overcurrent relays operated from 
three current transformers. On three-phase, three-wire circuits, an 
overcurrent relay in the residual circuit of the current transformers 
may replace one of the phase relays. An overcurrent relay, operated from 
a current transformer that links all phases of a three-phase, three-wire 
circuit, may replace the residual relay and one other phase-conductor 
current transformer. Where the neutral is not grounded on the load side 
of the circuit, the current transformer may link all three phase 
conductors and the grounded circuit conductor (neutral); and
    (B) If fuses are used for overcurrent protection, a fuse shall be 
connected in series with each ungrounded conductor;
    (ii) Each protective device shall be capable of detecting and 
interrupting all values of current that can occur at its location in 
excess of its trip setting or melting point;
    (iii) The operating time of the protective device, the available 
short-circuit current, and the conductor used shall be coordinated to 
prevent damaging or dangerous temperatures in conductors or conductor 
insulation under short-circuit conditions; and
    (iv) The following additional requirements apply to feeders only:
    (A) The continuous ampere rating of a fuse may not exceed three 
times the ampacity of the conductors. The long-time trip element setting 
of a breaker or the minimum trip setting of an electronically actuated 
fuse may not exceed six times the ampacity of the conductor. For fire 
pumps, conductors may be protected for short circuit only; and
    (B) Conductors tapped to a feeder may be protected by the feeder 
overcurrent device where that overcurrent device also protects the tap 
conductor.
    (g) Grounding. Paragraphs (g)(1) through (g)(9) of this section 
contain grounding requirements for systems, circuits, and equipment.
    (1) Systems to be grounded. Systems that supply premises wiring 
shall be grounded as follows:
    (i) All 3-wire dc systems shall have their neutral conductor 
grounded;
    (ii) Two-wire dc systems operating at over 50 volts through 300 
volts between conductors shall be grounded unless:
    (A) They supply only industrial equipment in limited areas and are 
equipped with a ground detector;
    (B) They are rectifier-derived from an ac system complying with 
paragraphs (g)(1)(iii), (g)(1)(iv), and (g)(1)(v) of this section; or
    (C) They are fire-alarm circuits having a maximum current of 0.030 
amperes;
    (iii) AC circuits of less than 50 volts shall be grounded if they 
are installed as overhead conductors outside of buildings or if they are 
supplied by transformers and the transformer primary supply system is 
ungrounded or exceeds 150 volts to ground;
    (iv) AC systems of 50 volts to 1000 volts shall be grounded under 
any of the following conditions, unless exempted by paragraph (g)(1)(v) 
of this section:
    (A) If the system can be so grounded that the maximum voltage to 
ground on the ungrounded conductors does not exceed 150 volts;
    (B) If the system is nominally rated three-phase, four-wire wye 
connected in which the neutral is used as a circuit conductor;
    (C) If the system is nominally rated three-phase, four-wire delta 
connected in which the midpoint of one phase is used as a circuit 
conductor; or
    (D) If a service conductor is uninsulated;
    (v) AC systems of 50 volts to 1000 volts are not required to be 
grounded under any of the following conditions:
    (A) If the system is used exclusively to supply industrial electric 
furnaces for melting, refining, tempering, and the like;
    (B) If the system is separately derived and is used exclusively for 
rectifiers supplying only adjustable speed industrial drives;
    (C) If the system is separately derived and is supplied by a 
transformer that has a primary voltage rating less than 1000 volts, 
provided all of the following conditions are met:
    (1) The system is used exclusively for control circuits;

[[Page 877]]

    (2) The conditions of maintenance and supervision ensure that only 
qualified persons will service the installation;
    (3) Continuity of control power is required; and
    (4) Ground detectors are installed on the control system;
    (D) If the system is an isolated power system that supplies circuits 
in health care facilities; or
    (E) If the system is a high-impedance grounded neutral system in 
which a grounding impedance, usually a resistor, limits the ground-fault 
current to a low value for 3-phase ac systems of 480 volts to 1000 volts 
provided all of the following conditions are met:
    (1) The conditions of maintenance and supervision ensure that only 
qualified persons will service the installation;
    (2) Continuity of power is required;
    (3) Ground detectors are installed on the system; and
    (4) Line-to-neutral loads are not served.
    (2) Conductor to be grounded. The conductor to be grounded for ac 
premises wiring systems required to be grounded by paragraph (g)(1) of 
this section shall be as follows:
    (i) One conductor of a single-phase, two-wire system shall be 
grounded;
    (ii) The neutral conductor of a single-phase, three-wire system 
shall be grounded;
    (iii) The common conductor of a multiphase system having one wire 
common to all phases shall be grounded;
    (iv) One phase conductor of a multiphase system where one phase is 
grounded shall be grounded; and
    (v) The neutral conductor of a multiphase system in which one phase 
is used as a neutral conductor shall be grounded.
    (3) Portable and vehicle-mounted generators. (i) The frame of a 
portable generator need not be grounded and may serve as the grounding 
electrode for a system supplied by the generator under the following 
conditions:
    (A) The generator supplies only equipment mounted on the generator 
or cord- and plug-connected equipment through receptacles mounted on the 
generator, or both; and
    (B) The noncurrent-carrying metal parts of equipment and the 
equipment grounding conductor terminals of the receptacles are bonded to 
the generator frame.
    (ii) The frame of a vehicle need not be grounded and may serve as 
the grounding electrode for a system supplied by a generator located on 
the vehicle under the following conditions:
    (A) The frame of the generator is bonded to the vehicle frame;
    (B) The generator supplies only equipment located on the vehicle and 
cord- and plug-connected equipment through receptacles mounted on the 
vehicle;
    (C) The noncurrent-carrying metal parts of equipment and the 
equipment grounding conductor terminals of the receptacles are bonded to 
the generator frame; and
    (D) The system complies with all other provisions of paragraph (g) 
of this section.
    (iii) A system conductor that is required to be grounded by the 
provisions of paragraph (g)(2) of this section shall be bonded to the 
generator frame where the generator is a component of a separately 
derived system.
    (4) Grounding connections. (i) For a grounded system, a grounding 
electrode conductor shall be used to connect both the equipment 
grounding conductor and the grounded circuit conductor to the grounding 
electrode. Both the equipment grounding conductor and the grounding 
electrode conductor shall be connected to the grounded circuit conductor 
on the supply side of the service disconnecting means or on the supply 
side of the system disconnecting means or overcurrent devices if the 
system is separately derived.
    (ii) For an ungrounded service-supplied system, the equipment 
grounding conductor shall be connected to the grounding electrode 
conductor at the service equipment. For an ungrounded separately derived 
system, the equipment grounding conductor shall be connected to the 
grounding electrode conductor at, or ahead of, the system disconnecting 
means or overcurrent devices.
    (iii) On extensions of existing branch circuits that do not have an 
equipment

[[Page 878]]

grounding conductor, grounding-type receptacles may be grounded to a 
grounded cold water pipe near the equipment if the extension was 
installed before August 13, 2007. When any element of this branch 
circuit is replaced, the entire branch circuit shall use an equipment 
grounding conductor that complies with all other provisions of paragraph 
(g) of this section.
    (5) Grounding path. The path to ground from circuits, equipment, and 
enclosures shall be permanent, continuous, and effective.
    (6) Supports, enclosures, and equipment to be grounded. (i) Metal 
cable trays, metal raceways, and metal enclosures for conductors shall 
be grounded, except that:
    (A) Metal enclosures such as sleeves that are used to protect cable 
assemblies from physical damage need not be grounded; and
    (B) Metal enclosures for conductors added to existing installations 
of open wire, knob-and-tube wiring, and nonmetallic-sheathed cable need 
not be grounded if all of the following conditions are met:
    (1) Runs are less than 7.62 meters (25.0 ft);
    (2) Enclosures are free from probable contact with ground, grounded 
metal, metal laths, or other conductive materials; and
    (3) Enclosures are guarded against employee contact.
    (ii) Metal enclosures for service equipment shall be grounded.
    (iii) Frames of electric ranges, wall-mounted ovens, counter-mounted 
cooking units, clothes dryers, and metal outlet or junction boxes that 
are part of the circuit for these appliances shall be grounded.
    (iv) Exposed noncurrent-carrying metal parts of fixed equipment that 
may become energized shall be grounded under any of the following 
conditions:
    (A) If within 2.44 m (8 ft) vertically or 1.52 m (5 ft) horizontally 
of ground or grounded metal objects and subject to employee contact;
    (B) If located in a wet or damp location and not isolated;
    (C) If in electrical contact with metal;
    (D) If in a hazardous (classified) location;
    (E) If supplied by a metal-clad, metal-sheathed, or grounded metal 
raceway wiring method; or
    (F) If equipment operates with any terminal at over 150 volts to 
ground.
    (v) Notwithstanding the provisions of paragraph (g)(6)(iv) of this 
section, exposed noncurrent-carrying metal parts of the following types 
of fixed equipment need not be grounded:
    (A) Enclosures for switches or circuit breakers used for other than 
service equipment and accessible to qualified persons only;
    (B) Electrically heated appliances that are permanently and 
effectively insulated from ground;
    (C) Distribution apparatus, such as transformer and capacitor cases, 
mounted on wooden poles, at a height exceeding 2.44 m (8.0 ft) above 
ground or grade level; and
    (D) Listed equipment protected by a system of double insulation, or 
its equivalent, and distinctively marked as such.
    (vi) Exposed noncurrent-carrying metal parts of cord- and plug-
connected equipment that may become energized shall be grounded under 
any of the following conditions:
    (A) If in hazardous (classified) locations (see Sec.  1910.307);
    (B) If operated at over 150 volts to ground, except for guarded 
motors and metal frames of electrically heated appliances if the 
appliance frames are permanently and effectively insulated from ground;
    (C) If the equipment is of the following types:
    (1) Refrigerators, freezers, and air conditioners;
    (2) Clothes-washing, clothes-drying, and dishwashing machines, sump 
pumps, and electric aquarium equipment;
    (3) Hand-held motor-operated tools, stationary and fixed motor-
operated tools, and light industrial motor-operated tools;
    (4) Motor-operated appliances of the following types: hedge 
clippers, lawn mowers, snow blowers, and wet scrubbers;
    (5) Cord- and plug-connected appliances used in damp or wet 
locations, or

[[Page 879]]

by employees standing on the ground or on metal floors or working inside 
of metal tanks or boilers;
    (6) Portable and mobile X-ray and associated equipment;
    (7) Tools likely to be used in wet and conductive locations; and
    (8 Portable hand lamps.
    (vii) Notwithstanding the provisions of paragraph (g)(6)(vi) of this 
section, the following equipment need not be grounded:
    (A) Tools likely to be used in wet and conductive locations if 
supplied through an isolating transformer with an ungrounded secondary 
of not over 50 volts; and
    (B) Listed or labeled portable tools and appliances if protected by 
an approved system of double insulation, or its equivalent, and 
distinctively marked.
    (7) Nonelectrical equipment. The metal parts of the following 
nonelectrical equipment shall be grounded: frames and tracks of 
electrically operated cranes and hoists; frames of nonelectrically 
driven elevator cars to which electric conductors are attached; hand-
operated metal shifting ropes or cables of electric elevators; and metal 
partitions, grill work, and similar metal enclosures around equipment of 
over 750 volts between conductors.
    (8) Methods of grounding fixed equipment. (i) Noncurrent-carrying 
metal parts of fixed equipment, if required to be grounded by this 
subpart, shall be grounded by an equipment grounding conductor that is 
contained within the same raceway, cable, or cord, or runs with or 
encloses the circuit conductors. For dc circuits only, the equipment 
grounding conductor may be run separately from the circuit conductors.
    (ii) Electric equipment is considered to be effectively grounded if 
it is secured to, and in electrical contact with, a metal rack or 
structure that is provided for its support and the metal rack or 
structure is grounded by the method specified for the noncurrent-
carrying metal parts of fixed equipment in paragraph (g)(8)(i) of this 
section. Metal car frames supported by metal hoisting cables attached to 
or running over metal sheaves or drums of grounded elevator machines are 
also considered to be effectively grounded.
    (iii) For installations made before April 16, 1981, electric 
equipment is also considered to be effectively grounded if it is secured 
to, and in metallic contact with, the grounded structural metal frame of 
a building. When any element of this branch circuit is replaced, the 
entire branch circuit shall use an equipment grounding conductor that 
complies with all other provisions of paragraph (g) of this section.
    (9) Grounding of systems and circuits of 1000 volts and over (high 
voltage). If high voltage systems are grounded, they shall comply with 
all applicable provisions of paragraphs (g)(1) through (g)(8) of this 
section as supplemented and modified by the following requirements:
    (i) Systems supplying portable or mobile high voltage equipment, 
other than substations installed on a temporary basis, shall comply with 
the following:
    (A) The system shall have its neutral grounded through an impedance. 
If a delta-connected high voltage system is used to supply the 
equipment, a system neutral shall be derived.
    (B) Exposed noncurrent-carrying metal parts of portable and mobile 
equipment shall be connected by an equipment grounding conductor to the 
point at which the system neutral impedance is grounded.
    (C) Ground-fault detection and relaying shall be provided to 
automatically deenergize any high voltage system component that has 
developed a ground fault. The continuity of the equipment grounding 
conductor shall be continuously monitored so as to deenergize 
automatically the high voltage feeder to the portable equipment upon 
loss of continuity of the equipment grounding conductor.
    (D) The grounding electrode to which the portable equipment system 
neutral impedance is connected shall be isolated from and separated in 
the ground by at least 6.1 m (20.0 ft) from any other system or 
equipment grounding electrode, and there shall be no direct connection 
between the grounding electrodes, such as buried pipe, fence, and so 
forth.
    (ii) All noncurrent-carrying metal parts of portable equipment and 
fixed

[[Page 880]]

equipment, including their associated fences, housings, enclosures, and 
supporting structures, shall be grounded. However, equipment that is 
guarded by location and isolated from ground need not be grounded. 
Additionally, pole-mounted distribution apparatus at a height exceeding 
2.44 m (8.0 ft) above ground or grade level need not be grounded.

[46 FR 4056, Jan. 16, 1981, as amended at 73 FR 64205, Oct. 29, 2008]



Sec.  1910.305  Wiring methods, components, and equipment for general use.

    (a) Wiring methods. The provisions of this section do not apply to 
conductors that are an integral part of factory-assembled equipment.
    (1) General requirements. (i) Metal raceways, cable trays, cable 
armor, cable sheath, enclosures, frames, fittings, and other metal 
noncurrent-carrying parts that are to serve as grounding conductors, 
with or without the use of supplementary equipment grounding conductors, 
shall be effectively bonded where necessary to ensure electrical 
continuity and the capacity to conduct safely any fault current likely 
to be imposed on them. Any nonconductive paint, enamel, or similar 
coating shall be removed at threads, contact points, and contact 
surfaces or be connected by means of fittings designed so as to make 
such removal unnecessary.
    (ii) Where necessary for the reduction of electrical noise 
(electromagnetic interference) of the grounding circuit, an equipment 
enclosure supplied by a branch circuit may be isolated from a raceway 
containing circuits supplying only that equipment by one or more listed 
nonmetallic raceway fittings located at the point of attachment of the 
raceway to the equipment enclosure. The metal raceway shall be 
supplemented by an internal insulated equipment grounding conductor 
installed to ground the equipment enclosure.
    (iii) No wiring systems of any type may be installed in ducts used 
to transport dust, loose stock, or flammable vapors. No wiring system of 
any type may be installed in any duct used for vapor removal or for 
ventilation of commercial-type cooking equipment, or in any shaft 
containing only such ducts.
    (2) Temporary wiring. Except as specifically modified in this 
paragraph, all other requirements of this subpart for permanent wiring 
shall also apply to temporary wiring installations.
    (i) Temporary electrical power and lighting installations of 600 
volts, nominal, or less may be used only as follows:
    (A) During and for remodeling, maintenance, or repair of buildings, 
structures, or equipment, and similar activities;
    (B) For a period not to exceed 90 days for Christmas decorative 
lighting, carnivals, and similar purposes; or
    (C) For experimental or development work, and during emergencies.
    (ii) Temporary wiring shall be removed immediately upon completion 
of the project or purpose for which the wiring was installed.
    (iii) Temporary electrical installations of more than 600 volts may 
be used only during periods of tests, experiments, emergencies, or 
construction-like activities.
    (iv) The following requirements apply to feeders:
    (A) Feeders shall originate in an approved distribution center.
    (B) Conductors shall be run as multiconductor cord or cable 
assemblies. However, if installed as permitted in paragraph (a)(2)(i)(C) 
of this section, and if accessible only to qualified persons, feeders 
may be run as single insulated conductors.
    (v) The following requirements apply to branch circuits:
    (A) Branch circuits shall originate in an approved power outlet or 
panelboard.
    (B) Conductors shall be multiconductor cord or cable assemblies or 
open conductors. If run as open conductors, they shall be fastened at 
ceiling height every 3.05 m (10.0 ft).
    (C) No branch-circuit conductor may be laid on the floor.
    (D) Each branch circuit that supplies receptacles or fixed equipment 
shall contain a separate equipment grounding conductor if run as open 
conductors.
    (vi) Receptacles shall be of the grounding type. Unless installed in 
a

[[Page 881]]

continuous grounded metallic raceway or metallic covered cable, each 
branch circuit shall contain a separate equipment grounding conductor 
and all receptacles shall be electrically connected to the grounding 
conductor.
    (vii) No bare conductors nor earth returns may be used for the 
wiring of any temporary circuit.
    (viii) Suitable disconnecting switches or plug connectors shall be 
installed to permit the disconnection of all ungrounded conductors of 
each temporary circuit. Multiwire branch circuits shall be provided with 
a means to disconnect simultaneously all ungrounded conductors at the 
power outlet or panelboard where the branch circuit originated.

    Note to paragraph (a)(2)(viii) of this section. Circuit breakers 
with their handles connected by approved handle ties are considered a 
single disconnecting means for the purpose of this requirement.

    (ix) All lamps for general illumination shall be protected from 
accidental contact or breakage by a suitable fixture or lampholder with 
a guard. Brass shell, paper-lined sockets, or other metal-cased sockets 
may not be used unless the shell is grounded.
    (x) Flexible cords and cables shall be protected from accidental 
damage, as might be caused, for example, by sharp corners, projections, 
and doorways or other pinch points.
    (xi) Cable assemblies and flexible cords and cables shall be 
supported in place at intervals that ensure that they will be protected 
from physical damage. Support shall be in the form of staples, cables 
ties, straps, or similar type fittings installed so as not to cause 
damage.
    (3) Cable trays. (i) Only the following wiring methods may be 
installed in cable tray systems: armored cable; electrical metallic 
tubing; electrical nonmetallic tubing; fire alarm cables; flexible metal 
conduit; flexible metallic tubing; instrumentation tray cable; 
intermediate metal conduit; liquidtight flexible metal conduit; 
liquidtight flexible nonmetallic conduit; metal-clad cable; mineral-
insulated, metal-sheathed cable; multiconductor service-entrance cable; 
multiconductor underground feeder and branch-circuit cable; multipurpose 
and communications cables; nonmetallic-sheathed cable; power and control 
tray cable; power-limited tray cable; optical fiber cables; and other 
factory-assembled, multiconductor control, signal, or power cables that 
are specifically approved for installation in cable trays, rigid metal 
conduit, and rigid nonmetallic conduit.
    (ii) In industrial establishments where conditions of maintenance 
and supervision assure that only qualified persons will service the 
installed cable tray system, the following cables may also be installed 
in ladder, ventilated-trough, or ventilated-channel cable trays:
    (A) Single conductor cable; the cable shall be No. 1/0 or larger and 
shall be of a type listed and marked on the surface for use in cable 
trays; where Nos. 1/0 through 4/0 single conductor cables are installed 
in ladder cable tray, the maximum allowable rung spacing for the ladder 
cable tray shall be 229 mm (9 in.); where exposed to direct rays of the 
sun, cables shall be identified as being sunlight resistant;
    (B) Welding cables installed in dedicated cable trays;
    (C) Single conductors used as equipment grounding conductors; these 
conductors, which may be insulated, covered, or bare, shall be No. 4 or 
larger; and
    (D) Multiconductor cable, Type MV; where exposed to direct rays of 
the sun, the cable shall be identified as being sunlight resistant.
    (iii) Metallic cable trays may be used as equipment grounding 
conductors only where continuous maintenance and supervision ensure that 
qualified persons will service the installed cable tray system.
    (iv) Cable trays in hazardous (classified) locations may contain 
only the cable types permitted in such locations. (See Sec.  1910.307.)
    (v) Cable tray systems may not be used in hoistways or where 
subjected to severe physical damage.
    (4) Open wiring on insulators. (i) Open wiring on insulators is only 
permitted on systems of 600 volts, nominal, or less for industrial or 
agricultural establishments, indoors or outdoors, in wet or dry 
locations, where subject to corrosive vapors, and for services.

[[Page 882]]

    (ii) Conductors smaller than No. 8 shall be rigidly supported on 
noncombustible, nonabsorbent insulating materials and may not contact 
any other objects. Supports shall be installed as follows:
    (A) Within 152 mm (6 in.) from a tap or splice;
    (B) Within 305 mm (12 in.) of a dead-end connection to a lampholder 
or receptacle; and
    (C) At intervals not exceeding 1.37 m (4.5 ft), and at closer 
intervals sufficient to provide adequate support where likely to be 
disturbed.
    (iii) In dry locations, where not exposed to severe physical damage, 
conductors may be separately enclosed in flexible nonmetallic tubing. 
The tubing shall be in continuous lengths not exceeding 4.57 m (15.0 ft) 
and secured to the surface by straps at intervals not exceeding 1.37 m 
(4.5 ft).
    (iv) Open conductors shall be separated from contact with walls, 
floors, wood cross members, or partitions through which they pass by 
tubes or bushings of noncombustible, nonabsorbent insulating material. 
If the bushing is shorter than the hole, a waterproof sleeve of 
nonconductive material shall be inserted in the hole and an insulating 
bushing slipped into the sleeve at each end in such a manner as to keep 
the conductors absolutely out of contact with the sleeve. Each conductor 
shall be carried through a separate tube or sleeve.
    (v) Where open conductors cross ceiling joints and wall studs and 
are exposed to physical damage (for example, located within 2.13 m (7.0 
ft) of the floor), they shall be protected.
    (b) Cabinets, boxes, and fittings--(1) Conductors entering boxes, 
cabinets, or fittings. (i) Conductors entering cutout boxes, cabinets, 
or fittings shall be protected from abrasion, and openings through which 
conductors enter shall be effectively closed.
    (ii) Unused openings in cabinets, boxes, and fittings shall be 
effectively closed.
    (iii) Where cable is used, each cable shall be secured to the 
cabinet, cutout box, or meter socket enclosure. However, where cable 
with an entirely nonmetallic sheath enters the top of a surface-mounted 
enclosure through one or more nonflexible raceways not less than 457 mm 
(18 in.) or more than 3.05 m (10.0 ft) in length, the cable need not be 
secured to the cabinet, box, or enclosure provided all of the following 
conditions are met:
    (A) Each cable is fastened within 305 mm (12 in.) of the outer end 
of the raceway, measured along the sheath;
    (B) The raceway extends directly above the enclosure and does not 
penetrate a structural ceiling;
    (C) A fitting is provided on each end of the raceway to protect the 
cable from abrasion, and the fittings remain accessible after 
installation;
    (D) The raceway is sealed or plugged at the outer end using approved 
means so as to prevent access to the enclosure through the raceway;
    (E) The cable sheath is continuous through the raceway and extends 
into the enclosure not less than 6.35 mm (0.25 in.) beyond the fitting;
    (F) The raceway is fastened at its outer end and at other points as 
necessary; and
    (G) Where installed as conduit or tubing, the allowable cable fill 
does not exceed that permitted for complete conduit or tubing systems.
    (2) Covers and canopies. (i) All pull boxes, junction boxes, and 
fittings shall be provided with covers identified for the purpose. If 
metal covers are used, they shall be grounded. In completed 
installations, each outlet box shall have a cover, faceplate, or fixture 
canopy. Covers of outlet boxes having holes through which flexible cord 
pendants pass shall be provided with bushings designed for the purpose 
or shall have smooth, well-rounded surfaces on which the cords may bear.
    (ii) Where a fixture canopy or pan is used, any combustible wall or 
ceiling finish exposed between the edge of the canopy or pan and the 
outlet box shall be covered with noncombustible material.
    (3) Pull and junction boxes for systems over 600 volts, nominal. In 
addition to other requirements in this section, the following 
requirements apply to pull and junction boxes for systems over 600 
volts, nominal:
    (i) Boxes shall provide a complete enclosure for the contained 
conductors or cables.

[[Page 883]]

    (ii) Boxes shall be closed by suitable covers securely fastened in 
place.

    Note to paragraph (b)(3)(ii) of this section: Underground box covers 
that weigh over 45.4 kg (100 lbs) meet this requirement.

    (iii) Covers for boxes shall be permanently marked ``HIGH VOLTAGE.'' 
The marking shall be on the outside of the box cover and shall be 
readily visible and legible.
    (c) Switches--(1) Single-throw knife switches. Single-throw knife 
switches shall be so placed that gravity will not tend to close them. 
Single-throw knife switches approved for use in the inverted position 
shall be provided with a locking device that will ensure that the blades 
remain in the open position when so set.
    (2) Double-throw knife switches. Double-throw knife switches may be 
mounted so that the throw will be either vertical or horizontal. 
However, if the throw is vertical, a locking device shall be provided to 
ensure that the blades remain in the open position when so set.
    (3) Connection of switches. (i) Single-throw knife switches and 
switches with butt contacts shall be connected so that the blades are 
deenergized when the switch is in the open position.
    (ii) Single-throw knife switches, molded-case switches, switches 
with butt contacts, and circuit breakers used as switches shall be 
connected so that the terminals supplying the load are deenergized when 
the switch is in the open position. However, blades and terminals 
supplying the load of a switch may be energized when the switch is in 
the open position where the switch is connected to circuits or equipment 
inherently capable of providing a backfeed source of power. For such 
installations, a permanent sign shall be installed on the switch 
enclosure or immediately adjacent to open switches that read, 
``WARNING--LOAD SIDE TERMINALS MAY BE ENERGIZED BY BACKFEED.''
    (4) Faceplates for flush-mounted snap switches. Snap switches 
mounted in boxes shall have faceplates installed so as to completely 
cover the opening and seat against the finished surface.
    (5) Grounding. Snap switches, including dimmer switches, shall be 
effectively grounded and shall provide a means to ground metal 
faceplates, whether or not a metal faceplate is installed. However, if 
no grounding means exists within the snap-switch enclosure, or where the 
wiring method does not include or provide an equipment ground, a snap 
switch without a grounding connection is permitted for replacement 
purposes only. Such snap switches shall be provided with a faceplate of 
nonconducting, noncombustible material if they are located within reach 
of conducting floors or other conducting surfaces.
    (d) Switchboards and panelboards--(1) Switchboards with exposed live 
parts. Switchboards that have any exposed live parts shall be located in 
permanently dry locations and shall be accessible only to qualified 
persons.
    (2) Panelboard enclosures. Panelboards shall be mounted in cabinets, 
cutout boxes, or enclosures designed for the purpose and shall be dead 
front. However, panelboards other than the dead front externally-
operable type are permitted where accessible only to qualified persons.
    (3) Knife switches mounted in switchboards or panelboards. Exposed 
blades of knife switches mounted in switchboards or panelboards shall be 
dead when open.
    (e) Enclosures for damp or wet locations--(1) Cabinets, cutout 
boxes, fittings, boxes, and panelboard enclosures. Cabinets, cutout 
boxes, fittings, boxes, and panelboard enclosures in damp or wet 
locations shall be installed so as to prevent moisture or water from 
entering and accumulating within the enclosures and shall be mounted so 
there is at least 6.35-mm (0.25-in.) airspace between the enclosure and 
the wall or other supporting surface. However, nonmetallic enclosures 
may be installed without the airspace on a concrete, masonry, tile, or 
similar surface. The enclosures shall be weatherproof in wet locations.
    (2) Switches, circuit breakers, and switchboards. Switches, circuit 
breakers, and switchboards installed in wet locations shall be enclosed 
in weatherproof enclosures.
    (f) Conductors for general wiring--(1) Insulation. All conductors 
used for general wiring shall be insulated unless otherwise permitted in 
this subpart.

[[Page 884]]

    (2) Type. The conductor insulation shall be of a type that is 
approved for the voltage, operating temperature, and location of use.
    (3) Distinguishable. Insulated conductors shall be distinguishable 
by appropriate color or other suitable means as being grounded 
conductors, ungrounded conductors, or equipment grounding conductors.
    (g) Flexible cords and cables--(1) Use of flexible cords and cables. 
(i) Flexible cords and cables shall be approved for conditions of use 
and location.
    (ii) Flexible cords and cables may be used only for:
    (A) Pendants;
    (B) Wiring of fixtures;
    (C) Connection of portable lamps or appliances;
    (D) Portable and mobile signs;
    (E) Elevator cables;
    (F) Wiring of cranes and hoists;
    (G) Connection of stationary equipment to facilitate their frequent 
interchange;
    (H) Prevention of the transmission of noise or vibration;
    (I) Appliances where the fastening means and mechanical connections 
are designed to permit removal for maintenance and repair;
    (J) Data processing cables approved as a part of the data processing 
system;
    (K) Connection of moving parts; and
    (L) Temporary wiring as permitted in paragraph (a)(2) of this 
section.
    (iii) If used as permitted in paragraphs (g)(1)(ii)(C), 
(g)(1)(ii)(G), or (g)(1)(ii)(I) of this section, the flexible cord shall 
be equipped with an attachment plug and shall be energized from an 
approved receptacle outlet.
    (iv) Unless specifically permitted otherwise in paragraph (g)(1)(ii) 
of this section, flexible cords and cables may not be used:
    (A) As a substitute for the fixed wiring of a structure;
    (B) Where run through holes in walls, ceilings, or floors;
    (C) Where run through doorways, windows, or similar openings;
    (D) Where attached to building surfaces;
    (E) Where concealed behind building walls, ceilings, or floors; or
    (F) Where installed in raceways, except as otherwise permitted in 
this subpart.
    (v) Flexible cords used in show windows and showcases shall be Type 
S, SE, SEO, SEOO, SJ, SJE, SJEO, SJEOO, SJO, SJOO, SJT, SJTO, SJTOO, SO, 
SOO, ST, STO, or STOO, except for the wiring of chain-supported lighting 
fixtures and supply cords for portable lamps and other merchandise being 
displayed or exhibited.
    (2) Identification, splices, and terminations. (i) A conductor of a 
flexible cord or cable that is used as a grounded conductor or an 
equipment grounding conductor shall be distinguishable from other 
conductors. Types S, SC, SCE, SCT, SE, SEO, SEOO, SJ, SJE, SJEO, SJEOO, 
SJO, SJT, SJTO, SJTOO, SO, SOO, ST, STO, and STOO flexible cords and 
Types G, G-GC, PPE, and W flexible cables shall be durably marked on the 
surface at intervals not exceeding 610 mm (24 in.) with the type 
designation, size, and number of conductors.
    (ii) Flexible cords may be used only in continuous lengths without 
splice or tap. Hard-service cord and junior hard-service cord No. 14 and 
larger may be repaired if spliced so that the splice retains the 
insulation, outer sheath properties, and usage characteristics of the 
cord being spliced.
    (iii) Flexible cords and cables shall be connected to devices and 
fittings so that strain relief is provided that will prevent pull from 
being directly transmitted to joints or terminal screws.
    (h) Portable cables over 600 volts, nominal. This paragraph applies 
to portable cables used at more than 600 volts, nominal.
    (1) Conductor construction. Multiconductor portable cable for use in 
supplying power to portable or mobile equipment at over 600 volts, 
nominal, shall consist of No. 8 or larger conductors employing flexible 
stranding. However, the minimum size of the insulated ground-check 
conductor of Type G-GC cables shall be No. 10.
    (2) Shielding. Cables operated at over 2,000 volts shall be shielded 
for the purpose of confining the voltage stresses to the insulation.

[[Page 885]]

    (3) Equipment grounding conductors. Grounding conductors shall be 
provided.
    (4) Grounding shields. All shields shall be grounded.
    (5) Minimum bending radii. The minimum bending radii for portable 
cables during installation and handling in service shall be adequate to 
prevent damage to the cable.
    (6) Fittings. Connectors used to connect lengths of cable in a run 
shall be of a type that lock firmly together. Provisions shall be made 
to prevent opening or closing these connectors while energized. Strain 
relief shall be provided at connections and terminations.
    (7) Splices. Portable cables may not be operated with splices unless 
the splices are of the permanent molded, vulcanized, or other approved 
type.
    (8) Terminations. Termination enclosures shall be suitably marked 
with a high voltage hazard warning, and terminations shall be accessible 
only to authorized and qualified employees.
    (i) Fixture wires--(1) General. Fixture wires shall be approved for 
the voltage, temperature, and location of use. A fixture wire which is 
used as a grounded conductor shall be identified.
    (2) Uses permitted. Fixture wires may be used only:
    (i) For installation in lighting fixtures and in similar equipment 
where enclosed or protected and not subject to bending or twisting in 
use; or
    (ii) For connecting lighting fixtures to the branch-circuit 
conductors supplying the fixtures.
    (3) Uses not permitted. Fixture wires may not be used as branch-
circuit conductors except as permitted for Class 1 power limited 
circuits and for fire alarm circuits.
    (j) Equipment for general use--(1) Lighting fixtures, lampholders, 
lamps, and receptacles. (i) Fixtures, lampholders, lamps, rosettes, and 
receptacles may have no live parts normally exposed to employee contact. 
However, rosettes and cleat-type lampholders and receptacles located at 
least 2.44 m (8.0 ft) above the floor may have exposed terminals.
    (ii) Handlamps of the portable type supplied through flexible cords 
shall be equipped with a handle of molded composition or other material 
identified for the purpose, and a substantial guard shall be attached to 
the lampholder or the handle. Metal shell, paper-lined lampholders may 
not be used.
    (iii) Lampholders of the screw-shell type shall be installed for use 
as lampholders only. Where supplied by a circuit having a grounded 
conductor, the grounded conductor shall be connected to the screw shell. 
Lampholders installed in wet or damp locations shall be of the 
weatherproof type.
    (iv) Fixtures installed in wet or damp locations shall be identified 
for the purpose and shall be so constructed or installed that water 
cannot enter or accumulate in wireways, lampholders, or other electrical 
parts.
    (2) Receptacles, cord connectors, and attachment plugs (caps). (i) 
All 15- and 20-ampere attachment plugs and connectors shall be 
constructed so that there are no exposed current-carrying parts except 
the prongs, blades, or pins. The cover for wire terminations shall be a 
part that is essential for the operation of an attachment plug or 
connector (dead-front construction). Attachment plugs shall be installed 
so that their prongs, blades, or pins are not energized unless inserted 
into an energized receptacle. No receptacles may be installed so as to 
require an energized attachment plug as its source of supply.
    (ii) Receptacles, cord connectors, and attachment plugs shall be 
constructed so that no receptacle or cord connector will accept an 
attachment plug with a different voltage or current rating than that for 
which the device is intended. However, a 20-ampere T-slot receptacle or 
cord connector may accept a 15-ampere attachment plug of the same 
voltage rating.
    (iii) Nongrounding-type receptacles and connectors may not be used 
for grounding-type attachment plugs.
    (iv) A receptacle installed in a wet or damp location shall be 
suitable for the location.
    (v) A receptacle installed outdoors in a location protected from the 
weather or in other damp locations shall have an enclosure for the 
receptacle that is weatherproof when the receptacle is covered 
(attachment plug cap not inserted and receptacle covers closed).


[[Page 886]]


    Note to paragraph (j)(2)(v) of this section. A receptacle is 
considered to be in a location protected from the weather when it is 
located under roofed open porches, canopies, marquees, or the like and 
where it will not be subjected to a beating rain or water runoff.

    (vi) A receptacle installed in a wet location where the product 
intended to be plugged into it is not attended while in use (for 
example, sprinkler system controllers, landscape lighting, and holiday 
lights) shall have an enclosure that is weatherproof with the attachment 
plug cap inserted or removed.
    (vii) A receptacle installed in a wet location where the product 
intended to be plugged into it will be attended while in use (for 
example, portable tools) shall have an enclosure that is weatherproof 
when the attachment plug cap is removed.
    (3) Appliances. (i) Appliances may have no live parts normally 
exposed to contact other than parts functioning as open-resistance 
heating elements, such as the heating elements of a toaster, which are 
necessarily exposed.
    (ii) Each appliance shall have a means to disconnect it from all 
ungrounded conductors. If an appliance is supplied by more than one 
source, the disconnecting means shall be grouped and identified.
    (iii) Each electric appliance shall be provided with a nameplate 
giving the identifying name and the rating in volts and amperes, or in 
volts and watts. If the appliance is to be used on a specific frequency 
or frequencies, it shall be so marked. Where motor overload protection 
external to the appliance is required, the appliance shall be so marked.
    (iv) Marking shall be located so as to be visible or easily 
accessible after installation.
    (4) Motors. This paragraph applies to motors, motor circuits, and 
controllers.
    (i) If specified in paragraph (j)(4) of this section that one piece 
of equipment shall be ``within sight of'' another piece of equipment, 
the piece of equipment shall be visible and not more than 15.24 m (50.0 
ft) from the other.
    (ii) An individual disconnecting means shall be provided for each 
controller. A disconnecting means shall be located within sight of the 
controller location. However, a single disconnecting means may be 
located adjacent to a group of coordinated controllers mounted adjacent 
to each other on a multi-motor continuous process machine. The 
controller disconnecting means for motor branch circuits over 600 volts, 
nominal, may be out of sight of the controller, if the controller is 
marked with a warning label giving the location and identification of 
the disconnecting means that is to be locked in the open position.
    (iii) The disconnecting means shall disconnect the motor and the 
controller from all ungrounded supply conductors and shall be so 
designed that no pole can be operated independently.
    (iv) The disconnecting means shall plainly indicate whether it is in 
the open (off) or closed (on) position.
    (v) The disconnecting means shall be readily accessible. If more 
than one disconnect is provided for the same equipment, only one need be 
readily accessible.
    (vi) An individual disconnecting means shall be provided for each 
motor, but a single disconnecting means may be used for a group of 
motors under any one of the following conditions:
    (A) If a number of motors drive several parts of a single machine or 
piece of apparatus, such as a metal or woodworking machine, crane, or 
hoist;
    (B) If a group of motors is under the protection of one set of 
branch-circuit protective devices; or
    (C) If a group of motors is in a single room within sight of the 
location of the disconnecting means.
    (vii) Motors, motor-control apparatus, and motor branch-circuit 
conductors shall be protected against overheating due to motor overloads 
or failure to start, and against short-circuits or ground faults. These 
provisions do not require overload protection that will stop a motor 
where a shutdown is likely to introduce additional or increased hazards, 
as in the case of fire pumps, or where continued operation of a motor is 
necessary for a safe shutdown of equipment or process and motor overload 
sensing devices are connected to a supervised alarm.

[[Page 887]]

    (viii) Where live parts of motors or controllers operating at over 
150 volts to ground are guarded against accidental contact only by 
location, and where adjustment or other attendance may be necessary 
during the operation of the apparatus, suitable insulating mats or 
platforms shall be provided so that the attendant cannot readily touch 
live parts unless standing on the mats or platforms.
    (5) Transformers. (i) Paragraph (j)(5) of this section covers the 
installation of all transformers except the following:
    (A) Current transformers;
    (B) Dry-type transformers installed as a component part of other 
apparatus;
    (C) Transformers that are an integral part of an X-ray, high 
frequency, or electrostatic-coating apparatus;
    (D) Transformers used with Class 2 and Class 3 circuits, sign and 
outline lighting, electric discharge lighting, and power-limited fire-
alarm circuits; and
    (E) Liquid-filled or dry-type transformers used for research, 
development, or testing, where effective safeguard arrangements are 
provided.
    (ii) The operating voltage of exposed live parts of transformer 
installations shall be indicated by signs or visible markings on the 
equipment or structure.
    (iii) Dry-type, high fire point liquid-insulated, and askarel-
insulated transformers installed indoors and rated over 35kV shall be in 
a vault.
    (iv) Oil-insulated transformers installed indoors shall be installed 
in a vault.
    (v) Combustible material, combustible buildings and parts of 
buildings, fire escapes, and door and window openings shall be 
safeguarded from fires that may originate in oil-insulated transformers 
attached to or adjacent to a building or combustible material.
    (vi) Transformer vaults shall be constructed so as to contain fire 
and combustible liquids within the vault and to prevent unauthorized 
access. Locks and latches shall be so arranged that a vault door can be 
readily opened from the inside.
    (vii) Any pipe or duct system foreign to the electrical installation 
may not enter or pass through a transformer vault.

    Note to paragraph (j)(5)(vii) of this section. Piping or other 
facilities provided for vault fire protection, or for transformer 
cooling, are not considered foreign to the electrical installation.

    (viii) Material may not be stored in transformer vaults.
    (6) Capacitors. (i) All capacitors, except surge capacitors or 
capacitors included as a component part of other apparatus, shall be 
provided with an automatic means of draining the stored charge after the 
capacitor is disconnected from its source of supply.
    (ii) The following requirements apply to capacitors installed on 
circuits operating at more than 600 volts, nominal:
    (A) Group-operated switches shall be used for capacitor switching 
and shall be capable of the following:
    (1) Carrying continuously not less than 135 percent of the rated 
current of the capacitor installation;
    (2) Interrupting the maximum continuous load current of each 
capacitor, capacitor bank, or capacitor installation that will be 
switched as a unit;
    (3) Withstanding the maximum inrush current, including contributions 
from adjacent capacitor installations; and
    (4) Carrying currents due to faults on the capacitor side of the 
switch;
    (B) A means shall be installed to isolate from all sources of 
voltage each capacitor, capacitor bank, or capacitor installation that 
will be removed from service as a unit. The isolating means shall 
provide a visible gap in the electric circuit adequate for the operating 
voltage;
    (C) Isolating or disconnecting switches (with no interrupting 
rating) shall be interlocked with the load interrupting device or shall 
be provided with prominently displayed caution signs to prevent 
switching load current; and
    (D) For series capacitors, the proper switching shall be assured by 
use of at least one of the following:
    (1) Mechanically sequenced isolating and bypass switches;
    (2) Interlocks; or

[[Page 888]]

    (3) Switching procedure prominently displayed at the switching 
location.
    (7) Storage Batteries. Provisions shall be made for sufficient 
diffusion and ventilation of gases from storage batteries to prevent the 
accumulation of explosive mixtures.



Sec.  1910.306  Specific purpose equipment and installations.

    (a) Electric signs and outline lighting--(1) Disconnecting means. 
(i) Each sign and outline lighting system, or feeder circuit or branch 
circuit supplying a sign or outline lighting system, shall be controlled 
by an externally operable switch or circuit breaker that will open all 
ungrounded conductors. However, a disconnecting means is not required 
for an exit directional sign located within a building or for cord-
connected signs with an attachment plug.
    (ii) Signs and outline lighting systems located within fountains 
shall have the disconnect located at least 1.52 m (5.0 ft) from the 
inside walls of the fountain.
    (2) Location. (i) The disconnecting means shall be within sight of 
the sign or outline lighting system that it controls. Where the 
disconnecting means is out of the line of sight from any section that 
may be energized, the disconnecting means shall be capable of being 
locked in the open position.
    (ii) Signs or outline lighting systems operated by electronic or 
electromechanical controllers located external to the sign or outline 
lighting system may have a disconnecting means located within sight of 
the controller or in the same enclosure with the controller. The 
disconnecting means shall disconnect the sign or outline lighting system 
and the controller from all ungrounded supply conductors. It shall be 
designed so no pole can be operated independently and shall be capable 
of being locked in the open position.
    (iii) Doors or covers giving access to uninsulated parts of indoor 
signs or outline lighting exceeding 600 volts and accessible to other 
than qualified persons shall either be provided with interlock switches 
to disconnect the primary circuit or shall be so fastened that the use 
of other than ordinary tools will be necessary to open them.
    (b) Cranes and hoists. This paragraph applies to the installation of 
electric equipment and wiring used in connection with cranes, monorail 
hoists, hoists, and all runways.
    (1) Disconnecting means for runway conductors. A disconnecting means 
shall be provided between the runway contact conductors and the power 
supply. Such disconnecting means shall consist of a motor-circuit 
switch, circuit breaker, or molded case switch. The disconnecting means 
shall open all ungrounded conductors simultaneously and shall be:
    (i) Readily accessible and operable from the ground or floor level;
    (ii) Arranged to be locked in the open position; and
    (iii) Placed within view of the runway contact conductors.
    (2) Disconnecting means for cranes and monorail hoists. (i) Except 
as provided in paragraph (b)(2)(iv) of this section, a motor-circuit 
switch, molded case switch, or circuit breaker shall be provided in the 
leads from the runway contact conductors or other power supply on all 
cranes and monorail hoists.
    (ii) The disconnecting means shall be capable of being locked in the 
open position.
    (iii) Means shall be provided at the operating station to open the 
power circuit to all motors of the crane or monorail hoist where the 
disconnecting means is not readily accessible from the crane or monorail 
hoist operating station.
    (iv) The disconnecting means may be omitted where a monorail hoist 
or hand-propelled crane bridge installation meets all of the following 
conditions:
    (A) The unit is controlled from the ground or floor level;
    (B) The unit is within view of the power supply disconnecting means; 
and
    (C) No fixed work platform has been provided for servicing the unit.
    (3) Limit switch. A limit switch or other device shall be provided 
to prevent the load block from passing the safe upper limit of travel of 
any hoisting mechanism.
    (4) Clearance. The dimension of the working space in the direction 
of access to live parts that may require examination, adjustment, 
servicing, or

[[Page 889]]

maintenance while alive shall be a minimum of 762 mm (2.5 ft). Where 
controls are enclosed in cabinets, the doors shall either open at least 
90 degrees or be removable.
    (c) Elevators, dumbwaiters, escalators, moving walks, wheelchair 
lifts, and stairway chair lifts. The following requirements apply to 
elevators, dumbwaiters, escalators, moving walks, wheelchair lifts, and 
stairway chair lifts.
    (1) Disconnecting means. Elevators, dumbwaiters, escalators, moving 
walks, wheelchair lifts, and stairway chair lifts shall have a single 
means for disconnecting all ungrounded main power supply conductors for 
each unit.
    (2) Control panels. Control panels not located in the same space as 
the drive machine shall be located in cabinets with doors or panels 
capable of being locked closed.
    (3) Type. The disconnecting means shall be an enclosed externally 
operable fused motor circuit switch or circuit breaker capable of being 
locked in the open position. The disconnecting means shall be a listed 
device.
    (4) Operation. No provision may be made to open or close this 
disconnecting means from any other part of the premises. If sprinklers 
are installed in hoistways, machine rooms, or machinery spaces, the 
disconnecting means may automatically open the power supply to the 
affected elevators prior to the application of water. No provision may 
be made to close this disconnecting means automatically (that is, power 
may only be restored by manual means).
    (5) Location. The disconnecting means shall be located where it is 
readily accessible to qualified persons.
    (i) On elevators without generator field control, the disconnecting 
means shall be located within sight of the motor controller. Driving 
machines or motion and operation controllers not within sight of the 
disconnecting means shall be provided with a manually operated switch 
installed in the control circuit adjacent to the equipment in order to 
prevent starting. Where the driving machine is located in a remote 
machinery space, a single disconnecting means for disconnecting all 
ungrounded main power supply conductors shall be provided and be capable 
of being locked in the open position.
    (ii) On elevators with generator field control, the disconnecting 
means shall be located within sight of the motor controller for the 
driving motor of the motor-generator set. Driving machines, motor-
generator sets, or motion and operation controllers not within sight of 
the disconnecting means shall be provided with a manually operated 
switch installed in the control circuit to prevent starting. The 
manually operated switch shall be installed adjacent to this equipment. 
Where the driving machine or the motor-generator set is located in a 
remote machinery space, a single means for disconnecting all ungrounded 
main power supply conductors shall be provided and be capable of being 
locked in the open position.
    (iii) On escalators and moving walks, the disconnecting means shall 
be installed in the space where the controller is located.
    (iv) On wheelchair lifts and stairway chair lifts, the disconnecting 
means shall be located within sight of the motor controller.
    (6) Identification and signs. (i) Where there is more than one 
driving machine in a machine room, the disconnecting means shall be 
numbered to correspond to the identifying number of the driving machine 
that they control.
    (ii) The disconnecting means shall be provided with a sign to 
identify the location of the supply-side overcurrent protective device.
    (7) Single-car and multicar installations. On single-car and 
multicar installations, equipment receiving electrical power from more 
than one source shall be provided with a disconnecting means for each 
source of electrical power. The disconnecting means shall be within 
sight of the equipment served.
    (8) Warning sign for multiple disconnecting means. A warning sign 
shall be mounted on or next to the disconnecting means where multiple 
disconnecting means are used and parts of the controllers remain 
energized from a source other than the one disconnected. The sign shall 
be clearly legible and shall read ``WARNING--PARTS OF

[[Page 890]]

THE CONTROLLER ARE NOT DEENERGIZED BY THIS SWITCH.''
    (9) Interconnection between multicar controllers. A warning sign 
worded as required in paragraph (c)(8) of this section shall be mounted 
on or next to the disconnecting means where interconnections between 
controllers are necessary for the operation of the system on multicar 
installations that remain energized from a source other than the one 
disconnected.
    (10) Motor controllers. Motor controllers may be located outside the 
spaces otherwise required by paragraph (c) of this section, provided 
they are in enclosures with doors or removable panels capable of being 
locked closed and the disconnecting means is located adjacent to or is 
an integral part of the motor controller. Motor controller enclosures 
for escalators or moving walks may be located in the balustrade on the 
side located away from the moving steps or moving treadway. If the 
disconnecting means is an integral part of the motor controller, it 
shall be operable without opening the enclosure.
    (d) Electric welders--disconnecting means--(1) Arc welders. A 
disconnecting means shall be provided in the supply circuit for each arc 
welder that is not equipped with a disconnect mounted as an integral 
part of the welder. The disconnecting means shall be a switch or circuit 
breaker, and its rating may not be less than that necessary to 
accommodate overcurrent protection.
    (2) Resistance welders. A switch or circuit breaker shall be 
provided by which each resistance welder and its control equipment can 
be disconnected from the supply circuit. The ampere rating of this 
disconnecting means may not be less than the supply conductor ampacity. 
The supply circuit switch may be used as the welder disconnecting means 
where the circuit supplies only one welder.
    (e) Information technology equipment--(1) Disconnecting means. A 
means shall be provided to disconnect power to all electronic equipment 
in an information technology equipment room. There shall also be a 
similar means to disconnect the power to all dedicated heating, 
ventilating, and air-conditioning (HVAC) systems serving the room and to 
cause all required fire/smoke dampers to close.
    (2) Grouping. The control for these disconnecting means shall be 
grouped and identified and shall be readily accessible at the principal 
exit doors. A single means to control both the electronic equipment and 
HVAC system is permitted.
    (3) Exception. Integrated electrical systems covered by Sec.  
1910.308(g) need not have the disconnecting means required by paragraph 
(e)(1) of this section.
    (f) X-Ray equipment. This paragraph applies to X-ray equipment.
    (1) Disconnecting means. (i) A disconnecting means shall be provided 
in the supply circuit. The disconnecting means shall be operable from a 
location readily accessible from the X-ray control. For equipment 
connected to a 120-volt branch circuit of 30 amperes or less, a 
grounding-type attachment plug cap and receptacle of proper rating may 
serve as a disconnecting means.
    (ii) If more than one piece of equipment is operated from the same 
high-voltage circuit, each piece or each group of equipment as a unit 
shall be provided with a high-voltage switch or equivalent disconnecting 
means. The disconnecting means shall be constructed, enclosed, or 
located so as to avoid contact by employees with its live parts.
    (2) Control. The following requirements apply to industrial and 
commercial laboratory equipment.
    (i) Radiographic and fluoroscopic-type equipment shall be 
effectively enclosed or shall have interlocks that deenergize the 
equipment automatically to prevent ready access to live current-carrying 
parts.
    (ii) Diffraction- and irradiation-type equipment shall have a pilot 
light, readable meter deflection, or equivalent means to indicate when 
the equipment is energized, unless the equipment or installation is 
effectively enclosed or is provided with interlocks to prevent access to 
live current-carrying parts during operation.
    (g) Induction and dielectric heating equipment. This paragraph 
applies to induction and dielectric heating equipment and accessories 
for industrial and scientific applications, but not for

[[Page 891]]

medical or dental applications or for appliances.
    (1) Guarding and grounding. (i) The converting apparatus (including 
the dc line) and high-frequency electric circuits (excluding the output 
circuits and remote-control circuits) shall be completely contained 
within enclosures of noncombustible material.
    (ii) All panel controls shall be of dead-front construction.
    (iii) Doors or detachable panels shall be employed for internal 
access. Where doors are used giving access to voltages from 500 to 1000 
volts ac or dc, either door locks shall be provided or interlocks shall 
be installed. Where doors are used giving access to voltages of over 
1000 volts ac or dc, either mechanical lockouts with a disconnecting 
means to prevent access until circuit parts within the cubicle are 
deenergized, or both door interlocking and mechanical door locks, shall 
be provided. Detachable panels not normally used for access to such 
parts shall be fastened in a manner that will make them difficult to 
remove (for example, by requiring the use of tools).
    (iv) Warning labels or signs that read ``DANGER--HIGH VOLTAGE--KEEP 
OUT'' shall be attached to the equipment and shall be plainly visible 
where persons might contact energized parts when doors are opened or 
closed or when panels are removed from compartments containing over 250 
volts ac or dc.
    (v) Induction and dielectric heating equipment shall be protected as 
follows:
    (A) Protective cages or adequate shielding shall be used to guard 
work applicators other than induction heating coils.
    (B) Induction heating coils shall be protected by insulation or 
refractory materials or both.
    (C) Interlock switches shall be used on all hinged access doors, 
sliding panels, or other such means of access to the applicator, unless 
the applicator is an induction heating coil at dc ground potential or 
operating at less than 150 volts ac.
    (D) Interlock switches shall be connected in such a manner as to 
remove all power from the applicator when any one of the access doors or 
panels is open.
    (vi) A readily accessible disconnecting means shall be provided by 
which each heating equipment can be isolated from its supply circuit. 
The ampere rating of this disconnecting means may not be less than the 
nameplate current rating of the equipment. The supply circuit 
disconnecting means is permitted as a heating equipment disconnecting 
means where the circuit supplies only one piece of equipment.
    (2) Remote control. (i) If remote controls are used for applying 
power, a selector switch shall be provided and interlocked to provide 
power from only one control point at a time.
    (ii) Switches operated by foot pressure shall be provided with a 
shield over the contact button to avoid accidental closing of the 
switch.
    (h) Electrolytic cells. This paragraph applies to the installation 
of the electrical components and accessory equipment of electrolytic 
cells, electrolytic cell lines, and process power supply for the 
production of aluminum, cadmium, chlorine, copper, fluorine, hydrogen 
peroxide, magnesium, sodium, sodium chlorate, and zinc. Cells used as a 
source of electric energy and for electroplating processes and cells 
used for production of hydrogen are not covered by this paragraph.
    (1) Application. Installations covered by paragraph (h) of this 
section shall comply with all applicable provisions of this subpart, 
except as follows:
    (i) Overcurrent protection of electrolytic cell dc process power 
circuits need not comply with the requirements of Sec.  1910.304(f);
    (ii) Equipment located or used within the cell line working zone or 
associated with the cell line dc power circuits need not comply with the 
provisions of Sec.  1910.304(g); and
    (iii) Electrolytic cells, cell line conductors, cell line 
attachments, and the wiring of auxiliary equipment and devices within 
the cell line working zone need not comply with the provisions of Sec.  
1910.303 or Sec.  1910.304(b) and (c).
    (2) Disconnecting means. If more than one dc cell line process power 
supply serves the same cell line, a disconnecting means shall be 
provided on

[[Page 892]]

the cell line circuit side of each power supply to disconnect it from 
the cell line circuit. Removable links or removable conductors may be 
used as the disconnecting means.
    (3) Portable electric equipment. (i) The frames and enclosures of 
portable electric equipment used within the cell line working zone may 
not be grounded, unless the cell line circuit voltage does not exceed 
200 volts DC or the frames are guarded.
    (ii) Ungrounded portable electric equipment shall be distinctively 
marked and shall employ plugs and receptacles of a configuration that 
prevents connection of this equipment to grounding receptacles and that 
prevents inadvertent interchange of ungrounded and grounded portable 
electric equipment.
    (4) Power supply circuits and receptacles for portable electric 
equipment. (i) Circuits supplying power to ungrounded receptacles for 
hand-held, cord- and plug-connected equipment shall meet the following 
requirements:
    (A) The circuits shall be electrically isolated from any 
distribution system supplying areas other than the cell line working 
zone and shall be ungrounded;
    (B) The circuits shall be supplied through isolating transformers 
with primaries operating at not more than 600 volts between conductors 
and protected with proper overcurrent protection;
    (C) The secondary voltage of the isolating transformers may not 
exceed 300 volts between conductors; and
    (D) All circuits supplied from the secondaries shall be ungrounded 
and shall have an approved overcurrent device of proper rating in each 
conductor.
    (ii) Receptacles and their mating plugs for ungrounded equipment may 
not have provision for a grounding conductor and shall be of a 
configuration that prevents their use for equipment required to be 
grounded.
    (iii) Receptacles on circuits supplied by an isolating transformer 
with an ungrounded secondary:
    (A) Shall have a distinctive configuration;
    (B) Shall be distinctively marked; and
    (C) May not be used in any other location in the facility.
    (5) Fixed and portable electric equipment. (i) The following need 
not be grounded:
    (A) AC systems supplying fixed and portable electric equipment 
within the cell line working zone; and
    (B) Exposed conductive surfaces, such as electric equipment 
housings, cabinets, boxes, motors, raceways and the like that are within 
the cell line working zone.
    (ii) Auxiliary electric equipment, such as motors, transducers, 
sensors, control devices, and alarms, mounted on an electrolytic cell or 
other energized surface shall be connected to the premises wiring 
systems by any of the following means:
    (A) Multiconductor hard usage or extra hard usage flexible cord;
    (B) Wire or cable in suitable nonmetallic raceways or cable trays; 
or
    (C) Wire or cable in suitable metal raceways or metal cable trays 
installed with insulating breaks such that they will not cause a 
potentially hazardous electrical condition.
    (iii) Fixed electric equipment may be bonded to the energized 
conductive surfaces of the cell line, its attachments, or auxiliaries. 
If fixed electric equipment is mounted on an energized conductive 
surface, it shall be bonded to that surface.
    (6) Auxiliary nonelectrical connections. Auxiliary nonelectrical 
connections such as air hoses, water hoses, and the like, to an 
electrolytic cell, its attachments, or auxiliary equipment may not have 
continuous conductive reinforcing wire, armor, braids, or the like. 
Hoses shall be of a nonconductive material.
    (7) Cranes and hoists. (i) The conductive surfaces of cranes and 
hoists that enter the cell line working zone need not be grounded. The 
portion of an overhead crane or hoist that contacts an energized 
electrolytic cell or energized attachments shall be insulated from 
ground.
    (ii) Remote crane or hoist controls that may introduce hazardous 
electrical conditions into the cell line working zone shall employ one 
or more of the following systems:
    (A) Isolated and ungrounded control circuit;
    (B) Nonconductive rope operator;

[[Page 893]]

    (C) Pendant pushbutton with nonconductive supporting means and with 
nonconductive surfaces or ungrounded exposed conductive surfaces; or
    (D) Radio.
    (i) Electrically driven or controlled irrigation machines--(1) 
Lightning protection. If an irrigation machine has a stationary point, a 
grounding electrode system shall be connected to the machine at the 
stationary point for lightning protection.
    (2) Disconnecting means. (i) The main disconnecting means for a 
center pivot irrigation machine shall be located at the point of 
connection of electrical power to the machine or shall be visible and 
not more than 15.2 m (50 ft) from the machine.
    (ii) The disconnecting means shall be readily accessible and capable 
of being locked in the open position.
    (iii) A disconnecting means shall be provided for each motor and 
controller.
    (j) Swimming pools, fountains, and similar installations. This 
paragraph applies to electric wiring for and equipment in or adjacent to 
all swimming, wading, therapeutic, and decorative pools and fountains; 
hydro-massage bathtubs, whether permanently installed or storable; and 
metallic auxiliary equipment, such as pumps, filters, and similar 
equipment. Therapeutic pools in health care facilities are exempt from 
these provisions.
    (1) Receptacles. (i) A single receptacle of the locking and 
grounding type that provides power for a permanently installed swimming 
pool recirculating pump motor may be located not less than 1.52 m (5 ft) 
from the inside walls of a pool. All other receptacles on the property 
shall be located at least 3.05 m (10 ft) from the inside walls of a 
pool.
    (ii) Receptacles that are located within 4.57 m (15 ft), or 6.08 m 
(20 ft) if the installation was built after August 13, 2007, of the 
inside walls of the pool shall be protected by ground-fault circuit 
interrupters.
    (iii) Where a pool is installed permanently at a dwelling unit, at 
least one 125-volt, 15- or 20-ampere receptacle on a general-purpose 
branch circuit shall be located a minimum of 3.05 m (10 ft) and not more 
than 6.08 m (20 ft) from the inside wall of the pool. This receptacle 
shall be located not more than 1.98 m (6.5 ft) above the floor, 
platform, or grade level serving the pool.

    Note to paragraph (j)(1) of this section: In determining these 
dimensions, the distance to be measured is the shortest path the supply 
cord of an appliance connected to the receptacle would follow without 
piercing a floor, wall, or ceiling of a building or other effective 
permanent barrier.

    (2) Lighting fixtures, lighting outlets, and ceiling suspended 
(paddle) fans. (i) In outdoor pool areas, lighting fixtures, lighting 
outlets, and ceiling-suspended (paddle) fans may not be installed over 
the pool or over the area extending 1.52 m (5 ft) horizontally from the 
inside walls of a pool unless no part of the lighting fixture of a 
ceiling-suspended (paddle) fan is less than 3.66 m (12 ft) above the 
maximum water level. However, a lighting fixture or lighting outlet that 
was installed before April 16, 1981, may be located less than 1.52 m (5 
ft) measured horizontally from the inside walls of a pool if it is at 
least 1.52 m (5 ft) above the surface of the maximum water level and is 
rigidly attached to the existing structure. It shall also be protected 
by a ground-fault circuit interrupter installed in the branch circuit 
supplying the fixture.
    (ii) Lighting fixtures and lighting outlets installed in the area 
extending between 1.52 m (5 ft) and 3.05 m (10 ft) horizontally from the 
inside walls of a pool shall be protected by a ground-fault circuit 
interrupter unless installed 1.52 m (5 ft) above the maximum water level 
and rigidly attached to the structure adjacent to or enclosing the pool.
    (3) Cord- and plug-connected equipment. Flexible cords used with the 
following equipment may not exceed 0.9 m (3 ft) in length and shall have 
a copper equipment grounding conductor with a grounding-type attachment 
plug:
    (i) Cord- and plug-connected lighting fixtures installed within 4.88 
m (16 ft) of the water surface of permanently installed pools; and
    (ii) Other cord- and plug-connected, fixed or stationary equipment 
used with permanently installed pools.
    (4) Underwater equipment. (i) A ground-fault circuit interrupter 
shall be installed in the branch circuit supplying underwater fixtures 
operating

[[Page 894]]

at more than 15 volts. Equipment installed underwater shall be 
identified for the purpose.
    (ii) No underwater lighting fixtures may be installed for operation 
at over 150 volts between conductors.
    (iii) A lighting fixture facing upward shall have the lens 
adequately guarded to prevent contact by any person.
    (5) Fountains. All electric equipment, including power supply cords, 
operating at more than 15 volts and used with fountains shall be 
protected by ground-fault circuit interrupters.
    (k) Carnivals, circuses, fairs, and similar events. This paragraph 
covers the installation of portable wiring and equipment, including 
wiring in or on all structures, for carnivals, circuses, exhibitions, 
fairs, traveling attractions, and similar events.
    (1) Protection of electric equipment. Electric equipment and wiring 
methods in or on rides, concessions, or other units shall be provided 
with mechanical protection where such equipment or wiring methods are 
subject to physical damage.
    (2) Installation. (i) Services shall be installed in accordance with 
applicable requirements of this subpart, and, in addition, shall comply 
with the following:
    (A) Service equipment may not be installed in a location that is 
accessible to unqualified persons, unless the equipment is lockable; and
    (B) Service equipment shall be mounted on solid backing and 
installed so as to be protected from the weather, unless the equipment 
is of weatherproof construction.
    (ii) Amusement rides and amusement attractions shall be maintained 
not less than 4.57 m (15 ft) in any direction from overhead conductors 
operating at 600 volts or less, except for the conductors supplying the 
amusement ride or attraction. Amusement rides or attractions may not be 
located under or within 4.57 m (15 ft) horizontally of conductors 
operating in excess of 600 volts.
    (iii) Flexible cords and cables shall be listed for extra-hard 
usage. When used outdoors, flexible cords and cables shall also be 
listed for wet locations and shall be sunlight resistant.
    (iv) Single conductor cable shall be size No. 2 or larger.
    (v) Open conductors are prohibited except as part of a listed 
assembly or festoon lighting installed in accordance with Sec.  
1910.304(c).
    (vi) Flexible cords and cables shall be continuous without splice or 
tap between boxes or fittings. Cord connectors may not be laid on the 
ground unless listed for wet locations. Connectors and cable connections 
may not be placed in audience traffic paths or within areas accessible 
to the public unless guarded.
    (vii) Wiring for an amusement ride, attraction, tent, or similar 
structure may not be supported by another ride or structure unless 
specifically identified for the purpose.
    (viii) Flexible cords and cables run on the ground, where accessible 
to the public, shall be covered with approved nonconductive mats. Cables 
and mats shall be arranged so as not to present a tripping hazard.
    (ix) A box or fitting shall be installed at each connection point, 
outlet, switch point, or junction point.
    (3) Inside tents and concessions. Electrical wiring for temporary 
lighting, where installed inside of tents and concessions, shall be 
securely installed, and, where subject to physical damage, shall be 
provided with mechanical protection. All temporary lamps for general 
illumination shall be protected from accidental breakage by a suitable 
fixture or lampholder with a guard.
    (4) Portable distribution and termination boxes. Employers may only 
use portable distribution and termination boxes that meet the following 
requirements:
    (i) Boxes shall be designed so that no live parts are exposed to 
accidental contact. Where installed outdoors, the box shall be of 
weatherproof construction and mounted so that the bottom of the 
enclosure is not less than 152 mm (6 in.) above the ground;
    (ii) Busbars shall have an ampere rating not less than the 
overcurrent device supplying the feeder supplying the box. Busbar 
connectors shall be provided where conductors terminate directly on 
busbars;
    (iii) Receptacles shall have overcurrent protection installed within 
the

[[Page 895]]

box. The overcurrent protection may not exceed the ampere rating of the 
receptacle, except as permitted in Sec.  1910.305(j)(4) for motor loads;
    (iv) Where single-pole connectors are used, they shall comply with 
the following:
    (A) Where ac single-pole portable cable connectors are used, they 
shall be listed and of the locking type. Where paralleled sets of 
current-carrying single-pole separable connectors are provided as input 
devices, they shall be prominently labeled with a warning indicating the 
presence of internal parallel connections. The use of single-pole 
separable connectors shall comply with at least one of the following 
conditions:
    (1) Connection and disconnection of connectors are only possible 
where the supply connectors are interlocked to the source and it is not 
possible to connect or disconnect connectors when the supply is 
energized; or
    (2) Line connectors are of the listed sequential-interlocking type 
so that load connectors are connected in the following sequence:
    (i) Equipment grounding conductor connection;
    (ii) Grounded circuit-conductor connection, if provided; and
    (iii) Ungrounded conductor connection; and so that disconnection is 
in the reverse order; or
    (3) A caution notice is provided adjacent to the line connectors 
indicating that plug connection must be in the following sequence:
    (i) Equipment grounding conductor connection;
    (ii) Grounded circuit-conductor connection, if provided; and
    (iii) Ungrounded conductor connection; and indicating that 
disconnection is in the reverse order; and
    (B) Single-pole separable connectors used in portable professional 
motion picture and television equipment may be interchangeable for ac or 
dc use or for different current ratings on the same premises only if 
they are listed for ac/dc use and marked to identify the system to which 
they are connected;
    (v) Overcurrent protection of equipment and conductors shall be 
provided; and
    (vi) The following equipment connected to the same source shall be 
bonded:
    (A) Metal raceways and metal sheathed cable;
    (B) Metal enclosures of electrical equipment; and
    (C) Metal frames and metal parts of rides, concessions, trailers, 
trucks, or other equipment that contain or support electrical equipment.
    (5) Disconnecting means. (i) Each ride and concession shall be 
provided with a fused disconnect switch or circuit breaker located 
within sight and within 1.83 m (6 ft) of the operator's station.
    (ii) The disconnecting means shall be readily accessible to the 
operator, including when the ride is in operation.
    (iii) Where accessible to unqualified persons, the enclosure for the 
switch or circuit breaker shall be of the lockable type.
    (iv) A shunt trip device that opens the fused disconnect or circuit 
breaker when a switch located in the ride operator's console is closed 
is a permissible method of opening the circuit.



Sec.  1910.307  Hazardous (classified) locations.

    (a) Scope--(1) Applicability. This section covers the requirements 
for electric equipment and wiring in locations that are classified 
depending on the properties of the flammable vapors, liquids or gases, 
or combustible dusts or fibers that may be present therein and the 
likelihood that a flammable or combustible concentration or quantity is 
present. Hazardous (classified) locations may be found in occupancies 
such as, but not limited to, the following: aircraft hangars, gasoline 
dispensing and service stations, bulk storage plants for gasoline or 
other volatile flammable liquids, paint-finishing process plants, health 
care facilities, agricultural or other facilities where excessive 
combustible dusts may be present, marinas, boat yards, and petroleum and 
chemical processing plants. Each room, section or area shall be 
considered individually in determining its classification.
    (2) Classifications. (i) These hazardous (classified) locations are 
assigned the following designations:
    (A) Class I, Division 1

[[Page 896]]

    (B) Class I, Division 2
    (C) Class I, Zone 0
    (D) Class I, Zone 1
    (E) Class I, Zone 2
    (F) Class II, Division 1
    (G) Class II, Division 2
    (H) Class III, Division 1
    (I) Class III, Division 2
    (ii) For definitions of these locations, see Sec.  1910.399.
    (3) Other sections of this subpart. All applicable requirements in 
this subpart apply to hazardous (classified) locations unless modified 
by provisions of this section.
    (4) Division and zone classification. In Class I locations, an 
installation must be classified as using the division classification 
system meeting paragraphs (c), (d), (e), and (f) of this section or 
using the zone classification system meeting paragraph (g) of this 
section. In Class II and Class III locations, an installation must be 
classified using the division classification system meeting paragraphs 
(c), (d), (e), and (f) of this section.
    (b) Documentation. All areas designated as hazardous (classified) 
locations under the Class and Zone system and areas designated under the 
Class and Division system established after August 13, 2007 shall be 
properly documented. This documentation shall be available to those 
authorized to design, install, inspect, maintain, or operate electric 
equipment at the location.
    (c) Electrical installations. Equipment, wiring methods, and 
installations of equipment in hazardous (classified) locations shall be 
intrinsically safe, approved for the hazardous (classified) location, or 
safe for the hazardous (classified) location. Requirements for each of 
these options are as follows:
    (1) Intrinsically safe. Equipment and associated wiring approved as 
intrinsically safe is permitted in any hazardous (classified) location 
for which it is approved;
    (2) Approved for the hazardous (classified) location. (i) Equipment 
shall be approved not only for the class of location, but also for the 
ignitable or combustible properties of the specific gas, vapor, dust, or 
fiber that will be present.

    Note to paragraph (c)(2)(i) of this section: NFPA 70, the National 
Electrical Code, lists or defines hazardous gases, vapors, and dusts by 
``Groups'' characterized by their ignitable or combustible properties.

    (ii) Equipment shall be marked to show the class, group, and 
operating temperature or temperature range, based on operation in a 40-
degree C ambient, for which it is approved. The temperature marking may 
not exceed the ignition temperature of the specific gas or vapor to be 
encountered. However, the following provisions modify this marking 
requirement for specific equipment:
    (A) Equipment of the nonheat-producing type, such as junction boxes, 
conduit, and fittings, and equipment of the heat-producing type having a 
maximum temperature not more than 100 [deg]C (212 [deg]F) need not have 
a marked operating temperature or temperature range;
    (B) Fixed lighting fixtures marked for use in Class I, Division 2 or 
Class II, Division 2 locations only need not be marked to indicate the 
group;
    (C) Fixed general-purpose equipment in Class I locations, other than 
lighting fixtures, that is acceptable for use in Class I, Division 2 
locations need not be marked with the class, group, division, or 
operating temperature;
    (D) Fixed dust-tight equipment, other than lighting fixtures, that 
is acceptable for use in Class II, Division 2 and Class III locations 
need not be marked with the class, group, division, or operating 
temperature; and
    (E) Electric equipment suitable for ambient temperatures exceeding 
40 [deg]C (104 [deg]F) shall be marked with both the maximum ambient 
temperature and the operating temperature or temperature range at that 
ambient temperature; and
    (3) Safe for the hazardous (classified) location. Equipment that is 
safe for the location shall be of a type and design that the employer 
demonstrates will provide protection from the hazards arising from the 
combustibility and flammability of vapors, liquids, gases, dusts, or 
fibers involved.

    Note to paragraph (c)(3) of this section: The National Electrical 
Code, NFPA 70, contains guidelines for determining the type and design 
of equipment and installations that will meet this requirement. Those 
guidelines

[[Page 897]]

address electric wiring, equipment, and systems installed in hazardous 
(classified) locations and contain specific provisions for the 
following: wiring methods, wiring connections; conductor insulation, 
flexible cords, sealing and drainage, transformers, capacitors, 
switches, circuit breakers, fuses, motor controllers, receptacles, 
attachment plugs, meters, relays, instruments, resistors, generators, 
motors, lighting fixtures, storage battery charging equipment, electric 
cranes, electric hoists and similar equipment, utilization equipment, 
signaling systems, alarm systems, remote control systems, local loud 
speaker and communication systems, ventilation piping, live parts, 
lightning surge protection, and grounding.

    (d) Conduits. All conduits shall be threaded and shall be made 
wrench-tight. Where it is impractical to make a threaded joint tight, a 
bonding jumper shall be utilized.
    (e) Equipment in Division 2 locations. Equipment that has been 
approved for a Division 1 location may be installed in a Division 2 
location of the same class and group. General-purpose equipment or 
equipment in general-purpose enclosures may be installed in Division 2 
locations if the employer can demonstrate that the equipment does not 
constitute a source of ignition under normal operating conditions.
    (f) Protection techniques. The following are acceptable protection 
techniques for electric and electronic equipment in hazardous 
(classified) locations.
    (1) Explosionproof apparatus. This protection technique is permitted 
for equipment in the Class I, Division 1 and 2 locations for which it is 
approved.
    (2) Dust ignitionproof. This protection technique is permitted for 
equipment in the Class II, Division 1 and 2 locations for which it is 
approved.
    (3) Dust-tight. This protection technique is permitted for equipment 
in the Class II, Division 2 and Class III locations for which it is 
approved.
    (4) Purged and pressurized. This protection technique is permitted 
for equipment in any hazardous (classified) location for which it is 
approved.
    (5) Nonincendive circuit. This protection technique is permitted for 
equipment in Class I, Division 2; Class II, Division 2; or Class III, 
Division 1or 2 locations.
    (6) Nonincendive equipment. This protection technique is permitted 
for equipment in Class I, Division 2; Class II, Division 2; or Class 
III, Division 1 or 2 locations.
    (7) Nonincendive component. This protection technique is permitted 
for equipment in Class I, Division 2; Class II, Division 2; or Class 
III, Division 1 or 2 locations.
    (8) Oil immersion. This protection technique is permitted for 
current-interrupting contacts in Class I, Division 2 locations as 
described in the Subpart.
    (9) Hermetically sealed. This protection technique is permitted for 
equipment in Class I, Division 2; Class II, Division 2; and Class III, 
Division 1 or 2 locations.
    (10) Other protection techniques. Any other protection technique 
that meets paragraph (c) of this section is acceptable in any hazardous 
(classified) location.
    (g) Class I, Zone 0, 1, and 2 locations--(1) Scope. Employers may 
use the zone classification system as an alternative to the division 
classification system for electric and electronic equipment and wiring 
for all voltage in Class I, Zone 0, Zone 1, and Zone 2 hazardous 
(classified) locations where fire or explosion hazards may exist due to 
flammable gases, vapors, or liquids.
    (2) Location and general requirements. (i) Locations shall be 
classified depending on the properties of the flammable vapors, liquids, 
or gases that may be present and the likelihood that a flammable or 
combustible concentration or quantity is present. Where pyrophoric 
materials are the only materials used or handled, these locations need 
not be classified.
    (ii) Each room, section, or area shall be considered individually in 
determining its classification.
    (iii) All threaded conduit shall be threaded with an NPT (National 
(American) Standard Pipe Taper) standard conduit cutting die that 
provides \3/4\-in. taper per foot. The conduit shall be made wrench 
tight to prevent sparking when fault current flows through the conduit 
system and to ensure the explosionproof or flameproof integrity of the 
conduit system where applicable.

[[Page 898]]

    (iv) Equipment provided with threaded entries for field wiring 
connection shall be installed in accordance with paragraph (g)(2)(iv)(A) 
or (g)(2)(iv)(B) of this section.
    (A) For equipment provided with threaded entries for NPT threaded 
conduit or fittings, listed conduit, conduit fittings, or cable fittings 
shall be used.
    (B) For equipment with metric threaded entries, such entries shall 
be identified as being metric, or listed adaptors to permit connection 
to conduit of NPT-threaded fittings shall be provided with the 
equipment. Adapters shall be used for connection to conduit or NPT-
threaded fittings.
    (3) Protection techniques. One or more of the following protection 
techniques shall be used for electric and electronic equipment in 
hazardous (classified) locations classified under the zone 
classification system.
    (i) Flameproof ``d''--This protection technique is permitted for 
equipment in the Class I, Zone 1 locations for which it is approved.
    (ii) Purged and pressurized--This protection technique is permitted 
for equipment in the Class I, Zone 1 or Zone 2 locations for which it is 
approved.
    (iii) Intrinsic safety--This protection technique is permitted for 
equipment in the Class I, Zone 0 or Zone 1 locations for which it is 
approved.
    (iv) Type of protection ``n''--This protection technique is 
permitted for equipment in the Class I, Zone 2 locations for which it is 
approved. Type of protection ``n'' is further subdivided into nA, nC, 
and nR.
    (v) Oil Immersion ``o''--This protection technique is permitted for 
equipment in the Class I, Zone 1 locations for which it is approved.
    (vi) Increased safety ``e''--This protection technique is permitted 
for equipment in the Class I, Zone 1 locations for which it is approved.
    (vii) Encapsulation ``m''--This protection technique is permitted 
for equipment in the Class I, Zone 1 locations for which it is approved.
    (viii) Powder Filling ``q''--This protection technique is permitted 
for equipment in the Class I, Zone 1 locations for which it is approved.
    (4) Special precaution. Paragraph (g) of this section requires 
equipment construction and installation that will ensure safe 
performance under conditions of proper use and maintenance.
    (i) Classification of areas and selection of equipment and wiring 
methods shall be under the supervision of a qualified registered 
professional engineer.
    (ii) In instances of areas within the same facility classified 
separately, Class I, Zone 2 locations may abut, but not overlap, Class 
I, Division 2 locations. Class I, Zone 0 or Zone 1 locations may not 
abut Class I, Division 1 or Division 2 locations.
    (iii) A Class I, Division 1 or Division 2 location may be 
reclassified as a Class I, Zone 0, Zone 1, or Zone 2 location only if 
all of the space that is classified because of a single flammable gas or 
vapor source is reclassified.

    Note to paragraph (g)(4) of this section: Low ambient conditions 
require special consideration. Electric equipment depending on the 
protection techniques described by paragraph (g)(3)(i) of this section 
may not be suitable for use at temperatures lower than -20 [deg]C (-4 
[deg]F) unless they are approved for use at lower temperatures. However, 
at low ambient temperatures, flammable concentrations of vapors may not 
exist in a location classified Class I, Zone 0, 1, or 2 at normal 
ambient temperature.

    (5) Listing and marking. (i) Equipment that is listed for a Zone 0 
location may be installed in a Zone 1 or Zone 2 location of the same gas 
or vapor. Equipment that is listed for a Zone 1 location may be 
installed in a Zone 2 location of the same gas or vapor.
    (ii) Equipment shall be marked in accordance with paragraph 
(g)(5)(ii)(A) and (g)(5)(ii)(B) of this section, except as provided in 
(g)(5)(ii)(C).
    (A) Equipment approved for Class I, Division 1 or Class 1, Division 
2 shall, in addition to being marked in accordance with (c)(2)(ii), be 
marked with the following:
    (1) Class I, Zone 1 or Class I, Zone 2 (as applicable);
    (2) Applicable gas classification groups; and
    (3) Temperature classification; or
    (B) Equipment meeting one or more of the protection techniques 
described in paragraph (g)(3) of this section shall

[[Page 899]]

be marked with the following in the order shown:
    (1) Class, except for intrinsically safe apparatus;
    (2) Zone, except for intrinsically safe apparatus;
    (3) Symbol ``AEx;''
    (4) Protection techniques;
    (5) Applicable gas classification groups; and
    (6) Temperature classification, except for intrinsically safe 
apparatus.

    Note to paragraph (g)(5)(ii)(B) of this section: An example of such 
a required marking is ``Class I, Zone 0, AEx ia IIC T6.'' See Figure S-1 
for an explanation of this marking.

    (C) Equipment that the employer demonstrates will provide protection 
from the hazards arising from the flammability of the gas or vapor and 
the zone of location involved and will be recognized as providing such 
protection by employees need not be marked.

    Note to paragraph (g)(5)(ii)(C) of this section: The National 
Electrical Code, NFPA 70, contains guidelines for determining the type 
and design of equipment and installations that will meet this provision.
[GRAPHIC] [TIFF OMITTED] TR14FE07.000



Sec.  1910.308  Special systems.

    (a) Systems over 600 volts, nominal. This paragraph covers the 
general requirements for all circuits and equipment operated at over 600 
volts.
    (1) Aboveground wiring methods. (i) Aboveground conductors shall be 
installed in rigid metal conduit, in intermediate metal conduit, in 
electrical metallic tubing, in rigid nonmetallic conduit, in cable 
trays, as busways, as cablebus, in other identified raceways, or as open 
runs of metal-clad cable suitable for the use and purpose. In locations 
accessible to qualified persons only, open runs of Type MV cables, bare 
conductors, and bare busbars are also permitted. Busbars shall be either 
copper or aluminum. Open runs of insulated wires and cables having a 
bare lead sheath or a braided outer covering shall be supported in a 
manner designed to prevent physical damage to the braid or sheath.
    (ii) Conductors emerging from the ground shall be enclosed in 
approved raceways.
    (2) Braid-covered insulated conductors--open installations. The 
braid on open runs of braid-covered insulated conductors shall be flame 
retardant or shall have a flame-retardant saturant applied after 
installation. This treated braid covering shall be stripped back a safe 
distance at conductor terminals, according to the operating voltage.
    (3) Insulation shielding. (i) Metallic and semiconductor insulation 
shielding components of shielded cables shall be removed for a distance 
dependent on the circuit voltage and insulation. Stress reduction means 
shall be provided at all terminations of factory-applied shielding.
    (ii) Metallic shielding components such as tapes, wires, or braids, 
or combinations thereof, and their associated

[[Page 900]]

conducting and semiconducting components shall be grounded.
    (4) Moisture or mechanical protection for metal-sheathed cables. 
Where cable conductors emerge from a metal sheath and where protection 
against moisture or physical damage is necessary, the insulation of the 
conductors shall be protected by a cable sheath terminating device.
    (5) Interrupting and isolating devices. (i) Circuit breaker 
installations located indoors shall consist of metal-enclosed units or 
fire-resistant cell-mounted units. In locations accessible only to 
qualified employees, open mounting of circuit breakers is permitted. A 
means of indicating the open and closed position of circuit breakers 
shall be provided.
    (ii) Where fuses are used to protect conductors and equipment, a 
fuse shall be placed in each ungrounded conductor. Two power fuses may 
be used in parallel to protect the same load, if both fuses have 
identical ratings, and if both fuses are installed in an identified 
common mounting with electrical connections that will divide the current 
equally. Power fuses of the vented type may not be used indoors, 
underground, or in metal enclosures unless identified for the use.
    (iii) Fused cutouts installed in buildings or transformer vaults 
shall be of a type identified for the purpose. Distribution cutouts may 
not be used indoors, underground, or in metal enclosures. They shall be 
readily accessible for fuse replacement.
    (iv) Where fused cutouts are not suitable to interrupt the circuit 
manually while carrying full load, an approved means shall be installed 
to interrupt the entire load. Unless the fused cutouts are interlocked 
with the switch to prevent opening of the cutouts under load, a 
conspicuous sign shall be placed at such cutouts reading: ``WARNING--DO 
NOT OPERATE UNDER LOAD.''
    (v) Suitable barriers or enclosures shall be provided to prevent 
contact with nonshielded cables or energized parts of oil-filled 
cutouts.
    (vi) Load interrupter switches may be used only if suitable fuses or 
circuits are used in conjunction with these devices to interrupt fault 
currents.
    (A) Where these devices are used in combination, they shall be 
coordinated electrically so that they will safely withstand the effects 
of closing, carrying, or interrupting all possible currents up to the 
assigned maximum short-circuit rating.
    (B) Where more than one switch is installed with interconnected load 
terminals to provide for alternate connection to different supply 
conductors, each switch shall be provided with a conspicuous sign 
reading: ``WARNING--SWITCH MAY BE ENERGIZED BY BACKFEED.''
    (vii) A means (for example, a fuseholder and fuse designed for the 
purpose) shall be provided to completely isolate equipment for 
inspection and repairs. Isolating means that are not designed to 
interrupt the load current of the circuit shall be either interlocked 
with an approved circuit interrupter or provided with a sign warning 
against opening them under load.
    (6) Mobile and portable equipment. (i) A metallic enclosure shall be 
provided on the mobile machine for enclosing the terminals of the power 
cable. The enclosure shall include provisions for a solid connection for 
the grounding terminal to effectively ground the machine frame. The 
method of cable termination used shall prevent any strain or pull on the 
cable from stressing the electrical connections. The enclosure shall 
have provision for locking so only authorized qualified persons may open 
it and shall be marked with a sign warning of the presence of energized 
parts.
    (ii) All energized switching and control parts shall be enclosed in 
effectively grounded metal cabinets or enclosures. Circuit breakers and 
protective equipment shall have the operating means projecting through 
the metal cabinet or enclosure so these units can be reset without 
locked doors being opened. Enclosures and metal cabinets shall be locked 
so that only authorized qualified persons have access and shall be 
marked with a sign warning of the presence of energized parts. Collector 
ring assemblies on revolving-type machines (shovels, draglines, etc.) 
shall be guarded.

[[Page 901]]

    (7) Tunnel installations. This paragraph applies to installation and 
use of high-voltage power distribution and utilization equipment that is 
portable or mobile, such as substations, trailers, cars, mobile shovels, 
draglines, hoists, drills, dredges, compressors, pumps, conveyors, and 
underground excavators.
    (i) Conductors in tunnels shall be installed in one or more of the 
following:
    (A) Metal conduit or other metal raceway;
    (B) Type MC cable; or
    (C) Other approved multiconductor cable.
    (ii) Multiconductor portable cable may supply mobile equipment.
    (iii) Conductors and cables shall also be so located or guarded as 
to protect them from physical damage. An equipment grounding conductor 
shall be run with circuit conductors inside the metal raceway or inside 
the multiconductor cable jacket. The equipment grounding conductor may 
be insulated or bare.
    (iv) Bare terminals of transformers, switches, motor controllers, 
and other equipment shall be enclosed to prevent accidental contact with 
energized parts.
    (v) Enclosures for use in tunnels shall be drip-proof, weatherproof, 
or submersible as required by the environmental conditions.
    (vi) Switch or contactor enclosures may not be used as junction 
boxes or raceways for conductors feeding through or tapping off to other 
switches, unless special designs are used to provide adequate space for 
this purpose.
    (vii) A disconnecting means that simultaneously opens all ungrounded 
conductors shall be installed at each transformer or motor location.
    (viii) All nonenergized metal parts of electric equipment and metal 
raceways and cable sheaths shall be effectively grounded and bonded to 
all metal pipes and rails at the portal and at intervals not exceeding 
305 m (1000 ft) throughout the tunnel.
    (b) Emergency power systems. This paragraph applies to circuits, 
systems, and equipment intended to supply power for illumination and 
special loads in the event of failure of the normal supply.
    (1) Wiring methods. Emergency circuit wiring shall be kept entirely 
independent of all other wiring and equipment and may not enter the same 
raceway, cable, box, or cabinet or other wiring except either where 
common circuit elements suitable for the purpose are required, or for 
transferring power from the normal to the emergency source.
    (2) Emergency illumination. Emergency illumination shall include all 
required means of egress lighting, illuminated exit signs, and all other 
lights necessary to provide illumination. Where emergency lighting is 
necessary, the system shall be so arranged that the failure of any 
individual lighting element, such as the burning out of a light bulb, 
cannot leave any space in total darkness.
    (3) Signs. (i) A sign shall be placed at the service entrance 
equipment indicating the type and location of on-site emergency power 
sources. However, a sign is not required for individual unit equipment.
    (ii) Where the grounded circuit conductor connected to the emergency 
source is connected to a grounding electrode conductor at a location 
remote from the emergency source, there shall be a sign at the grounding 
location that shall identify all emergency and normal sources connected 
at that location.
    (c) Class 1, Class 2, and Class 3 remote control, signaling, and 
power-limited circuits--(1) Classification. Class 1, Class 2, and Class 
3 remote control, signaling, or power-limited circuits are characterized 
by their usage and electrical power limitation that differentiates them 
from light and power circuits. These circuits are classified in 
accordance with their respective voltage and power limitations as 
summarized in paragraphs (c)(1)(i) through (c)(1)(iii) of this section.
    (i) A Class 1 power-limited circuit shall be supplied from a source 
having a rated output of not more than 30 volts and 1000 volt-amperes.
    (ii) A Class 1 remote control circuit or a Class 1 signaling circuit 
shall have

[[Page 902]]

a voltage not exceeding 600 volts; however, the power output of the 
source need not be limited.
    (iii) The power source for a Class 2 or Class 3 circuit shall be 
listed equipment marked as a Class 2 or Class 3 power source, except as 
follows:
    (A) Thermocouples do not require listing as a Class 2 power source; 
and
    (B) A dry cell battery is considered an inherently limited Class 2 
power source, provided the voltage is 30 volts or less and the capacity 
is less than or equal to that available from series-connected No. 6 
carbon zinc cells.
    (2) Marking. A Class 2 or Class 3 power supply unit shall be durably 
marked where plainly visible to indicate the class of supply and its 
electrical rating.
    (3) Separation from conductors of other circuits. Cables and 
conductors of Class 2 and Class 3 circuits may not be placed in any 
cable, cable tray, compartment, enclosure, manhole, outlet box, device 
box, raceway, or similar fitting with conductors of electric light, 
power, Class 1, nonpower-limited fire alarm circuits, and medium power 
network-powered broadband communications cables unless a barrier or 
other equivalent form of protection against contact is employed.
    (d) Fire alarm systems--(1) Classifications. Fire alarm circuits 
shall be classified either as nonpower limited or power limited.
    (2) Power sources. The power sources for use with fire alarm 
circuits shall be either power limited or nonpower limited as follows:
    (i) The power source of nonpower-limited fire alarm (NPLFA) circuits 
shall have an output voltage of not more than 600 volts, nominal; and
    (ii) The power source for a power-limited fire alarm (PLFA) circuit 
shall be listed equipment marked as a PLFA power source.
    (3) Separation from conductors of other circuits. (i) Nonpower-
limited fire alarm circuits and Class 1 circuits may occupy the same 
enclosure, cable, or raceway provided all conductors are insulated for 
maximum voltage of any conductor within the enclosure, cable, or 
raceway. Power supply and fire alarm circuit conductors are permitted in 
the same enclosure, cable, or raceway only if connected to the same 
equipment.
    (ii) Power-limited circuit cables and conductors may not be placed 
in any cable, cable tray, compartment, enclosure, outlet box, raceway, 
or similar fitting with conductors of electric light, power, Class 1, 
nonpower-limited fire alarm circuit conductors, or medium power network-
powered broadband communications circuits.
    (iii) Power-limited fire alarm circuit conductors shall be separated 
at least 50.8 mm (2 in.) from conductors of any electric light, power, 
Class 1, nonpower-limited fire alarm, or medium power network-powered 
broadband communications circuits unless a special and equally 
protective method of conductor separation is employed.
    (iv) Conductors of one or more Class 2 circuits are permitted within 
the same cable, enclosure, or raceway with conductors of power-limited 
fire alarm circuits provided that the insulation of Class 2 circuit 
conductors in the cable, enclosure, or raceway is at least that needed 
for the power-limited fire alarm circuits.
    (4) Identification. Fire alarm circuits shall be identified at 
terminal and junction locations in a manner that will prevent 
unintentional interference with the signaling circuit during testing and 
servicing. Power-limited fire alarm circuits shall be durably marked as 
such where plainly visible at terminations.
    (e) Communications systems. This paragraph applies to central-
station-connected and non-central-station-connected telephone circuits, 
radio and television receiving and transmitting equipment, including 
community antenna television and radio distribution systems, telegraph, 
district messenger, and outside wiring for fire and burglar alarm, and 
similar central station systems. These installations need not comply 
with the provisions of Sec.  1910.303 through Sec.  1910.308(d), except 
for Sec. Sec.  1910.304(c)(1) and 1910.307.
    (1) Protective devices. (i) A listed primary protector shall be 
provided on each circuit run partly or entirely in aerial wire or aerial 
cable not confined within a block.

[[Page 903]]

    (ii) A listed primary protector shall be also provided on each 
aerial or underground circuit when the location of the circuit within 
the block containing the building served allows the circuit to be 
exposed to accidental contact with electric light or power conductors 
operating at over 300 volts to ground.
    (iii) In addition, where there exists a lightning exposure, each 
interbuilding circuit on premises shall be protected by a listed primary 
protector at each end of the interbuilding circuit.
    (2) Conductor location. (i) Lead-in or aerial-drop cables from a 
pole or other support, including the point of initial attachment to a 
building or structure, shall be kept away from electric light, power, 
Class 1, or nonpower-limited fire alarm circuit conductors so as to 
avoid the possibility of accidental contact.
    (ii) A separation of at least 1.83 m (6 ft) shall be maintained 
between communications wires and cables on buildings and lightning 
conductors.
    (iii) Where communications wires and cables and electric light or 
power conductors are supported by the same pole or run parallel to each 
other in-span, the following conditions shall be met:
    (A) Where practicable, communication wires and cables on poles shall 
be located below the electric light or power conductors; and
    (B) Communications wires and cables may not be attached to a 
crossarm that carries electric light or power conductors.
    (iv) Indoor communications wires and cables shall be separated at 
least 50.8 mm (2 in.) from conductors of any electric light, power, 
Class 1, nonpower-limited fire alarm, or medium power network-powered 
broadband communications circuits, unless a special and equally 
protective method of conductor separation, identified for the purpose, 
is employed.
    (3) Equipment location. Outdoor metal structures supporting 
antennas, as well as self-supporting antennas such as vertical rods or 
dipole structures, shall be located as far away from overhead conductors 
of electric light and power circuits of over 150 volts to ground as 
necessary to prevent the antenna or structure from falling into or 
making accidental contact with such circuits.
    (4) Grounding. (i) If exposed to contact with electric light and 
power conductors, the metal sheath of aerial cables entering buildings 
shall be grounded or shall be interrupted close to the entrance to the 
building by an insulating joint or equivalent device. Where protective 
devices are used, they shall be grounded in an approved manner.
    (ii) Masts and metal structures supporting antennas shall be 
permanently and effectively grounded without splice or connection in the 
grounding conductor.
    (iii) Transmitters shall be enclosed in a metal frame or grill or 
separated from the operating space by a barrier, all metallic parts of 
which are effectively connected to ground. All external metal handles 
and controls accessible to the operating personnel shall be effectively 
grounded. Unpowered equipment and enclosures are considered to be 
grounded where connected to an attached coaxial cable with an 
effectively grounded metallic shield.
    (f) Solar photovoltaic systems. This paragraph covers solar 
photovoltaic systems that can be interactive with other electric power 
production sources or can stand alone with or without electrical energy 
storage such as batteries. These systems may have ac or dc output for 
utilization.
    (1) Conductors of different systems. Photovoltaic source circuits 
and photovoltaic output circuits may not be contained in the same 
raceway, cable tray, cable, outlet box, junction box, or similar fitting 
as feeders or branch circuits of other systems, unless the conductors of 
the different systems are separated by a partition or are connected 
together.
    (2) Disconnecting means. Means shall be provided to disconnect all 
current-carrying conductors of a photovoltaic power source from all 
other conductors in a building or other structure. Where a circuit 
grounding connection is not designed to be automatically interrupted as 
part of the ground-fault protection system, a switch or circuit breaker 
used as disconnecting means may not have a pole in the grounded 
conductor.
    (g) Integrated electrical systems--(1) Scope. Paragraph (g) of this 
section

[[Page 904]]

covers integrated electrical systems, other than unit equipment, in 
which orderly shutdown is necessary to ensure safe operation. An 
integrated electrical system as used in this section shall be a unitized 
segment of an industrial wiring system where all of the following 
conditions are met:
    (i) An orderly shutdown process minimizes employee hazard and 
equipment damage;
    (ii) The conditions of maintenance and supervision ensure that only 
qualified persons will service the system; and
    (iii) Effective safeguards are established and maintained.
    (2) Location of overcurrent devices in or on premises. Overcurrent 
devices that are critical to integrated electrical systems need not be 
readily accessible to employees as required by Sec.  1910.304(f)(1)(iv) 
if they are located with mounting heights to ensure security from 
operation by nonqualified persons.



Sec. Sec.  1910.309-1910.330  [Reserved]

                      Safety-Related Work Practices



Sec.  1910.331  Scope.

    (a) Covered work by both qualified and unqualified persons. The 
provisions of Sec. Sec.  1910.331 through 1910.335 cover electrical 
safety-related work practices for both qualified persons (those who have 
training in avoiding the electrical hazards of working on or near 
exposed energized parts) and unqualified persons (those with little or 
no such training) working on, near, or with the following installations:
    (1) Premises wiring. Installations of electric conductors and 
equipment within or on buildings or other structures, and on other 
premises such as yards, carnival, parking, and other lots, and 
industrial substations;
    (2) Wiring for connection to supply. Installations of conductors 
that connect to the supply of electricity; and
    (3) Other wiring. Installations of other outside conductors on the 
premises.
    (4) Optical fiber cable. Installations of optical fiber cable where 
such installations are made along with electric conductors.

    Note: See Sec.  1910.399 for the definition of ``qualified person.'' 
See Sec.  1910.332 for training requirements that apply to qualified and 
unqualified persons.

    (b) Other covered work. The provisions of Sec. Sec.  1910.331 
through 1910.335 also cover:
    (1) Work performed by unqualified persons on, near, or with the 
installations listed in paragraphs (c)(1) through (4) of this section; 
and
    (2) Work performed by qualified persons near the installations 
listed in paragraphs (c)(1) through (c)(4) of this section when that 
work is not on or directly associated with those installations.
    (c) Excluded work by qualified persons. The provisions of Sec. Sec.  
1910.331 through 1910.335 do not apply to work performed by qualified 
persons on or directly associated with the following installations:
    (1) Generation, transmission, and distribution installations. 
Installations for the generation, control, transformation, transmission, 
and distribution of electric energy (including communication and 
metering) located in buildings used for such purposes or located 
outdoors.

    Note 1 to paragraph (c)(1): Work on or directly associated with 
installations of utilization equipment used for purposes other than 
generating, transmitting, or distributing electric energy (such as 
installations which are in office buildings, warehouses, garages, 
machine shops, or recreational buildings, or other utilization 
installations which are not an integral part of a generating 
installation, substation, or control center) is covered under paragraph 
(a)(1) of this section.
    Note 2 to paragraph (c)(1): For work on or directly associated with 
utilization installations, an employer who complies with the work 
practices of Sec.  1910.269 (electric power generation, transmission, 
and distribution) will be deemed to be in compliance with Sec. Sec.  
1910.333(c) and 1910.335. However, the requirements of Sec. Sec.  
1910.332, 1910.333(a), 1910.333(b), and 1910.334 apply to all work on or 
directly associated with utilization installations, regardless of 
whether the work is performed by qualified or unqualified persons.
    Note 3 to paragraph (c)(1): Work on or directly associated with 
generation, transmission, or distribution installations includes:
    (1) Work performed directly on such installations, such as repairing 
overhead or underground distribution lines or repairing a feed-

[[Page 905]]

water pump for the boiler in a generating plant.
    (2) Work directly associated with such installations, such as line-
clearance tree trimming and replacing utility poles, when that work is 
covered by Sec.  1910.269 (see Sec.  1910.269(a)(1)(i)(D) and (E) and 
the definition of ``line-clearance tree trimming'' in Sec.  
1910.269(x)).
    (3) Work on electric utilization circuits in a generating plant 
provided that:
    (A) Such circuits are commingled with installations of power 
generation equipment or circuits, and
    (B) The generation equipment or circuits present greater electrical 
hazards than those posed by the utilization equipment or circuits (such 
as exposure to higher voltages or lack of overcurrent protection).
    This work is covered by Sec.  1910.269.

    (2) Communications installations. Installations of communication 
equipment to the extent that the work is covered under Sec.  1910.268.
    (3) Installations in vehicles. Installations in ships, watercraft, 
railway rolling stock, aircraft, or automotive vehicles other than 
mobile homes and recreational vehicles.
    (4) Railway installations. Installations of railways for generation, 
transformation, transmission, or distribution of power used exclusively 
for operation of rolling stock or installations of railways used 
exclusively for signaling and communication purposes.

[55 FR 32016, Aug. 6, 1990, as amended at 59 FR 4476, Jan. 31, 1994; 79 
FR 20692, Apr. 11, 2014; 80 FR 60039, Oct. 5, 2015]



Sec.  1910.332  Training.

    (a) Scope. The training requirements contained in this section apply 
to employees who face a risk of electric shock that is not reduced to a 
safe level by the electrical installation requirements of Sec. Sec.  
1910.303 through 1910.308.

    Note: Employees in occupations listed in Table S-4 face such a risk 
and are required to be trained. Other employees who also may reasonably 
be expected to face a comparable risk of injury due to electric shock or 
other electrical hazards must also be trained.

    (b) Content of training--(1) Practices addressed in this standard. 
Employees shall be trained in and familiar with the safety-related work 
practices required by Sec. Sec.  1910.331 through 1910.335 that pertain 
to their respective job assignments.
    (2) Additional requirements for unqualified persons. Employees who 
are covered by paragraph (a) of this section but who are not qualified 
persons shall also be trained in and familiar with any electrically 
related safety practices not specifically addressed by Sec. Sec.  
1910.331 through 1910.335 but which are necessary for their safety.
    (3) Additional requirements for qualified persons. Qualified persons 
(i.e., those permitted to work on or near exposed energized parts) 
shall, at a minimum, be trained in and familiar with the following:
    (i) The skills and techniques necessary to distinguish exposed live 
parts from other parts of electric equipment,
    (ii) The skills and techniques necessary to determine the nominal 
voltage of exposed live parts, and
    (iii) The clearance distances specified in Sec.  1910.333(c) and the 
corresponding voltages to which the qualified person will be exposed.

    Note 1: For the purposes of Sec. Sec.  1910.331 through 1910.335, a 
person must have the training required by paragraph (b)(3) of this 
section in order to be considered a qualified person.
    Note 2: Qualified persons whose work on energized equipment involves 
either direct contact or contact by means of tools or materials must 
also have the training needed to meet Sec.  1910.333(c)(2).

    (c) Type of training. The training required by this section shall be 
of the classroom or on-the-job type. The degree of training provided 
shall be determined by the risk to the employee.

[[Page 906]]



 Table S-4--Typical Occupational Categories of Employees Facing a Higher
                 Than Normal Risk of Electrical Accident
------------------------------------------------------------------------
                               Occupation
-------------------------------------------------------------------------
Blue collar supervisors. \1\
Electrical and electronic engineers. \1\
Electrical and electronic equipment assemblers. \1\
Electrical and electronic technicians. \1\
Electricians.
Industrial machine operators. \1\
Material handling equipment operators. \1\
Mechanics and repairers. \1\
Painters. \1\
Riggers and roustabouts. \1\
Stationary engineers. \1\
Welders.
------------------------------------------------------------------------
\1\ Workers in these groups do not need to be trained if their work or
  the work of those they supervise does not bring them or the employees
  they supervise close enough to exposed parts of electric circuits
  operating at 50 volts or more to ground for a hazard to exist.


[55 FR 32016, Aug. 6, 1990]



Sec.  1910.333  Selection and use of work practices.

    (a) General. Safety-related work practices shall be employed to 
prevent electric shock or other injuries resulting from either direct or 
indirect electrical contacts, when work is performed near or on 
equipment or circuits which are or may be energized. The specific 
safety-related work practices shall be consistent with the nature and 
extent of the associated electrical hazards.
    (1) Deenergized parts. Live parts to which an employee may be 
exposed shall be deenergized before the employee works on or near them, 
unless the employer can demonstrate that deenergizing introduces 
additional or increased hazards or is infeasible due to equipment design 
or operational limitations. Live parts that operate at less than 50 
volts to ground need not be deenergized if there will be no increased 
exposure to electrical burns or to explosion due to electric arcs.

    Note 1: Examples of increased or additional hazards include 
interruption of life support equipment, deactivation of emergency alarm 
systems, shutdown of hazardous location ventilation equipment, or 
removal of illumination for an area.
    Note 2: Examples of work that may be performed on or near energized 
circuit parts because of infeasibility due to equipment design or 
operational limitations include testing of electric circuits that can 
only be performed with the circuit energized and work on circuits that 
form an integral part of a continuous industrial process in a chemical 
plant that would otherwise need to be completely shut down in order to 
permit work on one circuit or piece of equipment.
    Note 3: Work on or near deenergized parts is covered by paragraph 
(b) of this section.

    (2) Energized parts. If the exposed live parts are not deenergized 
(i.e., for reasons of increased or additional hazards or infeasibility), 
other safety-related work practices shall be used to protect employees 
who may be exposed to the electrical hazards involved. Such work 
practices shall protect employees against contact with energized circuit 
parts directly with any part of their body or indirectly through some 
other conductive object. The work practices that are used shall be 
suitable for the conditions under which the work is to be performed and 
for the voltage level of the exposed electric conductors or circuit 
parts. Specific work practice requirements are detailed in paragraph (c) 
of this section.
    (b) Working on or near exposed deenergized parts--(1) Application. 
This paragraph applies to work on exposed deenergized parts or near 
enough to them to expose the employee to any electrical hazard they 
present. Conductors and parts of electric equipment that have been 
deenergized but have not been locked out or tagged in accordance with 
paragraph (b) of this section shall be treated as energized parts, and 
paragraph (c) of this section applies to work on or near them.
    (2) Lockout and tagging. While any employee is exposed to contact 
with parts of fixed electric equipment or circuits which have been 
deenergized, the circuits energizing the parts shall be locked out or 
tagged or both in accordance with the requirements of this paragraph. 
The requirements shall be followed in the order in which they are 
presented (i.e., paragraph (b)(2)(i) first, then paragraph (b)(2)(ii), 
etc.).

    Note 1: As used in this section, fixed equipment refers to equipment 
fastened in place or connected by permanent wiring methods.
    Note 2: Lockout and tagging procedures that comply with paragraphs 
(c) through (f) of Sec.  1910.147 will also be deemed to comply with 
paragraph (b)(2) of this section provided that:
    (1) The procedures address the electrical safety hazards covered by 
this Subpart; and

[[Page 907]]

    (2) The procedures also incorporate the requirements of paragraphs 
(b)(2)(iii)(D) and (b)(2)(iv)(B) of this section.

    (i) Procedures. The employer shall maintain a written copy of the 
procedures outlined in paragraph (b)(2) and shall make it available for 
inspection by employees and by the Assistant Secretary of Labor and his 
or her authorized representatives.

    Note: The written procedures may be in the form of a copy of 
paragraph (b) of this section.

    (ii) Deenergizing equipment. (A) Safe procedures for deenergizing 
circuits and equipment shall be determined before circuits or equipment 
are deenergized.
    (B) The circuits and equipment to be worked on shall be disconnected 
from all electric energy sources. Control circuit devices, such as push 
buttons, selector switches, and interlocks, may not be used as the sole 
means for deenergizing circuits or equipment. Interlocks for electric 
equipment may not be used as a substitute for lockout and tagging 
procedures.
    (C) Stored electric energy which might endanger personnel shall be 
released. Capacitors shall be discharged and high capacitance elements 
shall be short-circuited and grounded, if the stored electric energy 
might endanger personnel.

    Note: If the capacitors or associated equipment are handled in 
meeting this requirement, they shall be treated as energized.

    (D) Stored non-electrical energy in devices that could reenergize 
electric circuit parts shall be blocked or relieved to the extent that 
the circuit parts could not be accidentally energized by the device.
    (iii) Application of locks and tags. (A) A lock and a tag shall be 
placed on each disconnecting means used to deenergize circuits and 
equipment on which work is to be performed, except as provided in 
paragraphs (b)(2)(iii)(C) and (b)(2)(iii)(E) of this section. The lock 
shall be attached so as to prevent persons from operating the 
disconnecting means unless they resort to undue force or the use of 
tools.
    (B) Each tag shall contain a statement prohibiting unauthorized 
operation of the disconnecting means and removal of the tag.
    (C) If a lock cannot be applied, or if the employer can demonstrate 
that tagging procedures will provide a level of safety equivalent to 
that obtained by the use of a lock, a tag may be used without a lock.
    (D) A tag used without a lock, as permitted by paragraph 
(b)(2)(iii)(C) of this section, shall be supplemented by at least one 
additional safety measure that provides a level of safety equivalent to 
that obtained by the use of a lock. Examples of additional safety 
measures include the removal of an isolating circuit element, blocking 
of a controlling switch, or opening of an extra disconnecting device.
    (E) A lock may be placed without a tag only under the following 
conditions:
    (1) Only one circuit or piece of equipment is deenergized, and
    (2) The lockout period does not extend beyond the work shift, and
    (3) Employees exposed to the hazards associated with reenergizing 
the circuit or equipment are familiar with this procedure.
    (iv) Verification of deenergized condition. The requirements of this 
paragraph shall be met before any circuits or equipment can be 
considered and worked as deenergized.
    (A) A qualified person shall operate the equipment operating 
controls or otherwise verify that the equipment cannot be restarted.
    (B) A qualified person shall use test equipment to test the circuit 
elements and electrical parts of equipment to which employees will be 
exposed and shall verify that the circuit elements and equipment parts 
are deenergized. The test shall also determine if any energized 
condition exists as a result of inadvertently induced voltage or 
unrelated voltage backfeed even though specific parts of the circuit 
have been deenergized and presumed to be safe. If the circuit to be 
tested is over 600 volts, nominal, the test equipment shall be checked 
for proper operation immediately before and immediately after this test.
    (v) Reenergizing equipment. These requirements shall be met, in the 
order

[[Page 908]]

given, before circuits or equipment are reenergized, even temporarily.
    (A) A qualified person shall conduct tests and visual inspections, 
as necessary, to verify that all tools, electrical jumpers, shorts, 
grounds, and other such devices have been removed, so that the circuits 
and equipment can be safely energized.
    (B) Employees exposed to the hazards associated with reenergizing 
the circuit or equipment shall be warned to stay clear of circuits and 
equipment.
    (C) Each lock and tag shall be removed by the employee who applied 
it or under his or her direct supervision. However, if this employee is 
absent from the workplace, then the lock or tag may be removed by a 
qualified person designated to perform this task provided that:
    (1) The employer ensures that the employee who applied the lock or 
tag is not available at the workplace, and
    (2) The employer ensures that the employee is aware that the lock or 
tag has been removed before he or she resumes work at that workplace.
    (D) There shall be a visual determination that all employees are 
clear of the circuits and equipment.
    (c) Working on or near exposed energized parts--(1) Application. 
This paragraph applies to work performed on exposed live parts 
(involving either direct contact or contact by means of tools or 
materials) or near enough to them for employees to be exposed to any 
hazard they present.
    (2) Work on energized equipment. Only qualified persons may work on 
electric circuit parts or equipment that have not been deenergized under 
the procedures of paragraph (b) of this section. Such persons shall be 
capable of working safely on energized circuits and shall be familiar 
with the proper use of special precautionary techniques, personal 
protective equipment, insulating and shielding materials, and insulated 
tools.
    (3) Overhead lines. If work is to be performed near overhead lines, 
the lines shall be deenergized and grounded, or other protective 
measures shall be provided before work is started. If the lines are to 
be deenergized, arrangements shall be made with the person or 
organization that operates or controls the electric circuits involved to 
deenergize and ground them. If protective measures, such as guarding, 
isolating, or insulating are provided, these precautions shall prevent 
employees from contacting such lines directly with any part of their 
body or indirectly through conductive materials, tools, or equipment.

    Note: The work practices used by qualified persons installing 
insulating devices on overhead power transmission or distribution lines 
are covered by Sec.  1910.269 of this part, not by Sec. Sec.  1910.332 
through 1910.335 of this part. Under paragraph (c)(2) of this section, 
unqualified persons are prohibited from performing this type of work.

    (i) Unqualified persons. (A) When an unqualified person is working 
in an elevated position near overhead lines, the location shall be such 
that the person and the longest conductive object he or she may contact 
cannot come closer to any unguarded, energized overhead line than the 
following distances:
    (1) For voltages to ground 50kV or below--10 ft. (305 cm);
    (2) For voltages to ground over 50kV--10 ft. (305 cm) plus 4 in. (10 
cm) for every 10kV over 50kV.
    (B) When an unqualified person is working on the ground in the 
vicinity of overhead lines, the person may not bring any conductive 
object closer to unguarded, energized overhead lines than the distances 
given in paragraph (c)(3)(i)(A) of this section.

    Note: For voltages normally encountered with overhead power lines, 
objects which do not have an insulating rating for the voltage involved 
are considered to be conductive.

    (ii) Qualified persons. When a qualified person is working in the 
vicinity of overhead lines, whether in an elevated position or on the 
ground, the person may not approach or take any conductive object 
without an approved insulating handle closer to exposed energized parts 
than shown in Table S-5 unless:
    (A) The person is insulated from the energized part (gloves, with 
sleeves if necessary, rated for the voltage involved are considered to 
be insulation of the person from the energized part on which work is 
performed), or
    (B) The energized part is insulated both from all other conductive 
objects

[[Page 909]]

at a different potential and from the person, or
    (C) The person is insulated from all conductive objects at a 
potential different from that of the energized part.

   Table S-5--Approach Distances for Qualified Employees--Alternating
                                 Current
------------------------------------------------------------------------
      Voltage range (phase to phase)          Minimum approach distance
------------------------------------------------------------------------
300V and less.............................  Avoid contact.
Over 300V, not over 750V..................  1 ft. 0 in. (30.5 cm).
Over 750V, not over 2kV...................  l ft. 6 in. (46 cm).
Over 2kV, not over 15kV...................  2 ft. 0 in. (61 cm).
Over 15kV, not over 37kV..................  3 ft. 0 in. (91 cm).
Over 37kV, not over 87.5kV................  3 ft. 6 in. (107 cm).
Over 87.5kV, not over 121kV...............  4 ft. 0 in. (122 cm).
Over 121kV, not over 140kV................  4 ft. 6 in. (137 cm).
------------------------------------------------------------------------

    (iii) Vehicular and mechanical equipment. (A) Any vehicle or 
mechanical equipment capable of having parts of its structure elevated 
near energized overhead lines shall be operated so that a clearance of 
10 ft. (305 cm) is maintained. If the voltage is higher than 50kV, the 
clearance shall be increased 4 in. (10 cm) for every 10kV over that 
voltage. However, under any of the following conditions, the clearance 
may be reduced:
    (1) If the vehicle is in transit with its structure lowered, the 
clearance may be reduced to 4 ft. (122 cm). If the voltage is higher 
than 50kV, the clearance shall be increased 4 in. (10 cm) for every 10kV 
over that voltage.
    (2) If insulating barriers are installed to prevent contact with the 
lines, and if the barriers are rated for the voltage of the line being 
guarded and are not a part of or an attachment to the vehicle or its 
raised structure, the clearance may be reduced to a distance within the 
designed working dimensions of the insulating barrier.
    (3) If the equipment is an aerial lift insulated for the voltage 
involved, and if the work is performed by a qualified person, the 
clearance (between the uninsulated portion of the aerial lift and the 
power line) may be reduced to the distance given in Table S-5.
    (B) Employees standing on the ground may not contact the vehicle or 
mechanical equipment or any of its attachments, unless:
    (1) The employee is using protective equipment rated for the 
voltage; or
    (2) The equipment is located so that no uninsulated part of its 
structure (that portion of the structure that provides a conductive path 
to employees on the ground) can come closer to the line than permitted 
in paragraph (c)(3)(iii) of this section.
    (C) If any vehicle or mechanical equipment capable of having parts 
of its structure elevated near energized overhead lines is intentionally 
grounded, employees working on the ground near the point of grounding 
may not stand at the grounding location whenever there is a possibility 
of overhead line contact. Additional precautions, such as the use of 
barricades or insulation, shall be taken to protect employees from 
hazardous ground potentials, depending on earth resistivity and fault 
currents, which can develop within the first few feet or more outward 
from the grounding point.
    (4) Illumination. (i) Employees may not enter spaces containing 
exposed energized parts, unless illumination is provided that enables 
the employees to perform the work safely.
    (ii) Where lack of illumination or an obstruction precludes 
observation of the work to be performed, employees may not perform tasks 
near exposed energized parts. Employees may not reach blindly into areas 
which may contain energized parts.
    (5) Confined or enclosed work spaces. When an employee works in a 
confined or enclosed space (such as a manhole or vault) that contains 
exposed energized parts, the employer shall provide, and the employee 
shall use, protective shields, protective barriers, or insulating 
materials as necessary to avoid inadvertent contact with these parts. 
Doors, hinged panels, and the like shall be secured to prevent their 
swinging into an employee and causing the employee to contact exposed 
energized parts.
    (6) Conductive materials and equipment. Conductive materials and 
equipment that are in contact with any part of an employee's body shall 
be handled in a manner that will prevent them from contacting exposed 
energized conductors or circuit parts. If an employee must handle long 
dimensional conductive objects (such as ducts and pipes) in

[[Page 910]]

areas with exposed live parts, the employer shall institute work 
practices (such as the use of insulation, guarding, and material 
handling techniques) which will minimize the hazard.
    (7) Portable ladders. Portable ladders shall have nonconductive 
siderails if they are used where the employee or the ladder could 
contact exposed energized parts.
    (8) Conductive apparel. Conductive articles of jewelry and clothing 
(such as watch bands, bracelets, rings, key chains, necklaces, metalized 
aprons, cloth with conductive thread, or metal headgear) may not be worn 
if they might contact exposed energized parts. However, such articles 
may be worn if they are rendered nonconductive by covering, wrapping, or 
other insulating means.
    (9) Housekeeping duties. Where live parts present an electrical 
contact hazard, employees may not perform housekeeping duties at such 
close distances to the parts that there is a possibility of contact, 
unless adequate safeguards (such as insulating equipment or barriers) 
are provided. Electrically conductive cleaning materials (including 
conductive solids such as steel wool, metalized cloth, and silicon 
carbide, as well as conductive liquid solutions) may not be used in 
proximity to energized parts unless procedures are followed which will 
prevent electrical contact.
    (10) Interlocks. Only a qualified person following the requirements 
of paragraph (c) of this section may defeat an electrical safety 
interlock, and then only temporarily while he or she is working on the 
equipment. The interlock system shall be returned to its operable 
condition when this work is completed.

[55 FR 32016, Aug. 6, 1990; 55 FR 46053, Nov. 1, 1990, as amended at 59 
FR 4476, Jan. 31, 1994]



Sec.  1910.334  Use of equipment.

    (a) Portable electric equipment. This paragraph applies to the use 
of cord- and plug-connected equipment, including flexible cord sets 
(extension cords).
    (1) Handling. Portable equipment shall be handled in a manner which 
will not cause damage. Flexible electric cords connected to equipment 
may not be used for raising or lowering the equipment. Flexible cords 
may not be fastened with staples or otherwise hung in such a fashion as 
could damage the outer jacket or insulation.
    (2) Visual inspection. (i) Portable cord- and plug-connected 
equipment and flexible cord sets (extension cords) shall be visually 
inspected before use on any shift for external defects (such as loose 
parts, deformed and missing pins, or damage to outer jacket or 
insulation) and for evidence of possible internal damage (such as 
pinched or crushed outer jacket). Cord- and plug-connected equipment and 
flexible cord sets (extension cords) which remain connected once they 
are put in place and are not exposed to damage need not be visually 
inspected until they are relocated.
    (ii) If there is a defect or evidence of damage that might expose an 
employee to injury, the defective or damaged item shall be removed from 
service, and no employee may use it until repairs and tests necessary to 
render the equipment safe have been made.
    (iii) When an attachment plug is to be connected to a receptacle 
(including any on a cord set), the relationship of the plug and 
receptacle contacts shall first be checked to ensure that they are of 
proper mating configurations.
    (3) Grounding-type equipment. (i) A flexible cord used with 
grounding-type equipment shall contain an equipment grounding conductor.
    (ii) Attachment plugs and receptacles may not be connected or 
altered in a manner which would prevent proper continuity of the 
equipment grounding conductor at the point where plugs are attached to 
receptacles. Additionally, these devices may not be altered to allow the 
grounding pole of a plug to be inserted into slots intended for 
connection to the current-carrying conductors.
    (iii) Adapters which interrupt the continuity of the equipment 
grounding connection may not be used.
    (4) Conductive work locations. Portable electric equipment and 
flexible cords used in highly conductive work locations (such as those 
inundated with water or other conductive liquids), or in job locations 
where employees are likely to contact water or conductive

[[Page 911]]

liquids, shall be approved for those locations.
    (5) Connecting attachment plugs. (i) Employees' hands may not be wet 
when plugging and unplugging flexible cords and cord- and plug-connected 
equipment, if energized equipment is involved.
    (ii) Energized plug and receptacle connections may be handled only 
with insulating protective equipment if the condition of the connection 
could provide a conducting path to the employee's hand (if, for example, 
a cord connector is wet from being immersed in water).
    (iii) Locking-type connectors shall be properly secured after 
connection.
    (b) Electric power and lighting circuits--(1) Routine opening and 
closing of circuits. Load rated switches, circuit breakers, or other 
devices specifically designed as disconnecting means shall be used for 
the opening, reversing, or closing of circuits under load conditions. 
Cable connectors not of the load-break type, fuses, terminal lugs, and 
cable splice connections may not be used for such purposes, except in an 
emergency.
    (2) Reclosing circuits after protective device operation. After a 
circuit is deenergized by a circuit protective device, the circuit may 
not be manually reenergized until it has been determined that the 
equipment and circuit can be safely energized. The repetitive manual 
reclosing of circuit breakers or reenergizing circuits through replaced 
fuses is prohibited.

    Note: When it can be determined from the design of the circuit and 
the overcurrent devices involved that the automatic operation of a 
device was caused by an overload rather than a fault condition, no 
examination of the circuit or connected equipment is needed before the 
circuit is reenergized.

    (3) Overcurrent protection modification. Overcurrent protection of 
circuits and conductors may not be modified, even on a temporary basis, 
beyond that allowed by Sec.  1910.304(e), the installation safety 
requirements for overcurrent protection.
    (c) Test instruments and equipment--(1) Use. Only qualified persons 
may perform testing work on electric circuits or equipment.
    (2) Visual inspection. Test instruments and equipment and all 
associated test leads, cables, power cords, probes, and connectors shall 
be visually inspected for external defects and damage before the 
equipment is used. If there is a defect or evidence of damage that might 
expose an employee to injury, the defective or damaged item shall be 
removed from service, and no employee may use it until repairs and tests 
necessary to render the equipment safe have been made.
    (3) Rating of equipment. Test instruments and equipment and their 
accessories shall be rated for the circuits and equipment to which they 
will be connected and shall be designed for the environment in which 
they will be used.
    (d) Occasional use of flammable or ignitible materials. Where 
flammable materials are present only occasionally, electric equipment 
capable of igniting them shall not be used, unless measures are taken to 
prevent hazardous conditions from developing. Such materials include, 
but are not limited to: flammable gases, vapors, or liquids; combustible 
dust; and ignitible fibers or flyings.

    Note: Electrical installation requirements for locations where 
flammable materials are present on a regular basis are contained in 
Sec.  1910.307.

[55 FR 32019, Aug. 6, 1990]



Sec.  1910.335  Safeguards for personnel protection.

    (a) Use of protective equipment--(1) Personal protective equipment. 
(i) Employees working in areas where there are potential electrical 
hazards shall be provided with, and shall use, electrical protective 
equipment that is appropriate for the specific parts of the body to be 
protected and for the work to be performed.

    Note: Personal protective equipment requirements are contained in 
subpart I of this part.

    (ii) Protective equipment shall be maintained in a safe, reliable 
condition and shall be periodically inspected or tested, as required by 
Sec.  1910.137.
    (iii) If the insulating capability of protective equipment may be 
subject to damage during use, the insulating

[[Page 912]]

material shall be protected. (For example, an outer covering of leather 
is sometimes used for the protection of rubber insulating material.)
    (iv) Employees shall wear nonconductive head protection wherever 
there is a danger of head injury from electric shock or burns due to 
contact with exposed energized parts.
    (v) Employees shall wear protective equipment for the eyes or face 
wherever there is danger of injury to the eyes or face from electric 
arcs or flashes or from flying objects resulting from electrical 
explosion.
    (2) General protective equipment and tools. (i) When working near 
exposed energized conductors or circuit parts, each employee shall use 
insulated tools or handling equipment if the tools or handling equipment 
might make contact with such conductors or parts. If the insulating 
capability of insulated tools or handling equipment is subject to 
damage, the insulating material shall be protected.
    (A) Fuse handling equipment, insulated for the circuit voltage, 
shall be used to remove or install fuses when the fuse terminals are 
energized.
    (B) Ropes and handlines used near exposed energized parts shall be 
nonconductive.
    (ii) Protective shields, protective barriers, or insulating 
materials shall be used to protect each employee from shock, burns, or 
other electrically related injuries while that employee is working near 
exposed energized parts which might be accidentally contacted or where 
dangerous electric heating or arcing might occur. When normally enclosed 
live parts are exposed for maintenance or repair, they shall be guarded 
to protect unqualified persons from contact with the live parts.
    (b) Alerting techniques. The following alerting techniques shall be 
used to warn and protect employees from hazards which could cause injury 
due to electric shock, burns, or failure of electric equipment parts:
    (1) Safety signs and tags. Safety signs, safety symbols, or accident 
prevention tags shall be used where necessary to warn employees about 
electrical hazards which may endanger them, as required by Sec.  
1910.145.
    (2) Barricades. Barricades shall be used in conjunction with safety 
signs where it is necessary to prevent or limit employee access to work 
areas exposing employees to uninsulated energized conductors or circuit 
parts. Conductive barricades may not be used where they might cause an 
electrical contact hazard.
    (3) Attendants. If signs and barricades do not provide sufficient 
warning and protection from electrical hazards, an attendant shall be 
stationed to warn and protect employees.

[55 FR 32020, Aug. 6, 1990]



Sec. Sec.  1910.336-1910.360  [Reserved]

                 Safety-Related Maintenance Requirements



Sec. Sec.  1910.361-1910.380  [Reserved]

                Safety Requirements for Special Equipment



Sec. Sec.  1910.381-1910.398  [Reserved]

                               Definitions



Sec.  1910.399  Definitions applicable to this subpart.

    Acceptable. An installation or equipment is acceptable to the 
Assistant Secretary of Labor, and approved within the meaning of this 
subpart S:
    (1) If it is accepted, or certified, or listed, or labeled, or 
otherwise determined to be safe by a nationally recognized testing 
laboratory recognized pursuant to Sec.  1910.7; or
    (2) With respect to an installation or equipment of a kind that no 
nationally recognized testing laboratory accepts, certifies, lists, 
labels, or determines to be safe, if it is inspected or tested by 
another Federal agency, or by a State, municipal, or other local 
authority responsible for enforcing occupational safety provisions of 
the National Electrical Code, and found in compliance with the 
provisions of the National Electrical Code as applied in this subpart; 
or
    (3) With respect to custom-made equipment or related installations 
that are designed, fabricated for, and intended for use by a particular 
customer, if it is determined to be safe for its intended use by its 
manufacturer on

[[Page 913]]

the basis of test data which the employer keeps and makes available for 
inspection to the Assistant Secretary and his authorized 
representatives.
    Accepted. An installation is ``accepted'' if it has been inspected 
and found by a nationally recognized testing laboratory to conform to 
specified plans or to procedures of applicable codes.
    Accessible. (As applied to wiring methods.) Capable of being removed 
or exposed without damaging the building structure or finish, or not 
permanently closed in by the structure or finish of the building. (See 
``concealed'' and ``exposed.'')
    Accessible. (As applied to equipment.) Admitting close approach; not 
guarded by locked doors, elevation, or other effective means. (See 
``Readily accessible.'')
    Ampacity. The current, in amperes, that a conductor can carry 
continuously under the conditions of use without exceeding its 
temperature rating.
    Appliances. Utilization equipment, generally other than industrial, 
normally built in standardized sizes or types, that is installed or 
connected as a unit to perform one or more functions.
    Approved. Acceptable to the authority enforcing this subpart. The 
authority enforcing this subpart is the Assistant Secretary of Labor for 
Occupational Safety and Health. The definition of ``acceptable'' 
indicates what is acceptable to the Assistant Secretary of Labor, and 
therefore approved within the meaning of this subpart.
    Armored cable (Type AC). A fabricated assembly of insulated 
conductors in a flexible metallic enclosure.
    Askarel. A generic term for a group of nonflammable synthetic 
chlorinated hydrocarbons used as electrical insulating media. Askarels 
of various compositional types are used. Under arcing conditions, the 
gases produced, while consisting predominantly of noncombustible 
hydrogen chloride, can include varying amounts of combustible gases 
depending upon the askarel type.
    Attachment plug (Plug cap)(Cap). A device that, by insertion in a 
receptacle, establishes a connection between the conductors of the 
attached flexible cord and the conductors connected permanently to the 
receptacle.
    Automatic. Self-acting, operating by its own mechanism when actuated 
by some impersonal influence, as, for example, a change in current 
strength, pressure, temperature, or mechanical configuration.
    Bare conductor. See Conductor.
    Barrier. A physical obstruction that is intended to prevent contact 
with equipment or live parts or to prevent unauthorized access to a work 
area.
    Bathroom. An area including a basin with one or more of the 
following: a toilet, a tub, or a shower.
    Bonding (Bonded). The permanent joining of metallic parts to form an 
electrically conductive path that ensures electrical continuity and the 
capacity to conduct safely any current likely to be imposed.
    Bonding jumper. A conductor that assures the necessary electrical 
conductivity between metal parts required to be electrically connected.
    Branch circuit. The circuit conductors between the final overcurrent 
device protecting the circuit and the outlets.
    Building. A structure that stands alone or is cut off from adjoining 
structures by fire walls with all openings therein protected by approved 
fire doors.
    Cabinet. An enclosure designed either for surface or flush mounting, 
and provided with a frame, mat, or trim in which a swinging door or 
doors are or can be hung.
    Cable tray system. A unit or assembly of units or sections and 
associated fittings forming a rigid structural system used to securely 
fasten or support cables and raceways. Cable tray systems include 
ladders, troughs, channels, solid bottom trays, and other similar 
structures.
    Cablebus. An assembly of insulated conductors with fittings and 
conductor terminations in a completely enclosed, ventilated, protective 
metal housing.
    Cell line. An assembly of electrically interconnected electrolytic 
cells supplied by a source of direct current power.
    Cell line attachments and auxiliary equipment. Cell line attachments 
and auxiliary equipment include, but are not limited to, auxiliary 
tanks, process piping, ductwork, structural supports, exposed cell line 
conductors, conduits

[[Page 914]]

and other raceways, pumps, positioning equipment, and cell cutout or 
bypass electrical devices. Auxiliary equipment also includes tools, 
welding machines, crucibles, and other portable equipment used for 
operation and maintenance within the electrolytic cell line working 
zone. In the cell line working zone, auxiliary equipment includes the 
exposed conductive surfaces of ungrounded cranes and crane-mounted cell-
servicing equipment.
    Center pivot irrigation machine. A multi-motored irrigation machine 
that revolves around a central pivot and employs alignment switches or 
similar devices to control individual motors.
    Certified. Equipment is ``certified'' if it bears a label, tag, or 
other record of certification that the equipment:
    (1) 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
    (2) Is of a kind whose production is periodically inspected by a 
nationally recognized testing laboratory and is accepted by the 
laboratory as safe for its intended use.
    Circuit breaker. A device designed to open and close a circuit by 
nonautomatic means and to open the circuit automatically on a 
predetermined overcurrent without damage to itself when properly applied 
within its rating.
    Class I locations. Class I locations are those in which flammable 
gases or vapors are or may be present in the air in quantities 
sufficient to produce explosive or ignitable mixtures. Class I locations 
include the following:
    (1) Class I, Division 1. A Class I, Division 1 location is a 
location:
    (i) In which ignitable concentrations of flammable gases or vapors 
may exist under normal operating conditions; or
    (ii) In which ignitable concentrations of such gases or vapors may 
exist frequently because of repair or maintenance operations or because 
of leakage; or
    (iii) In which breakdown or faulty operation of equipment or 
processes might release ignitable concentrations of flammable gases or 
vapors, and might also cause simultaneous failure of electric equipment.

    Note to the definition of ``Class I, Division 1:'' This 
classification usually includes locations where volatile flammable 
liquids or liquefied flammable gases are transferred from one container 
to another; interiors of spray booths and areas in the vicinity of 
spraying and painting operations where volatile flammable solvents are 
used; locations containing open tanks or vats of volatile flammable 
liquids; drying rooms or compartments for the evaporation of flammable 
solvents; locations containing fat and oil extraction equipment using 
volatile flammable solvents; portions of cleaning and dyeing plants 
where flammable liquids are used; gas generator rooms and other portions 
of gas manufacturing plants where flammable gas may escape; inadequately 
ventilated pump rooms for flammable gas or for volatile flammable 
liquids; the interiors of refrigerators and freezers in which volatile 
flammable materials are stored in open, lightly stoppered, or easily 
ruptured containers; and all other locations where ignitable 
concentrations of flammable vapors or gases are likely to occur in the 
course of normal operations.

    (2) Class I, Division 2. A Class I, Division 2 location is a 
location:
    (i) In which volatile flammable liquids or flammable gases are 
handled, processed, or used, but in which the hazardous liquids, vapors, 
or gases will normally be confined within closed containers or closed 
systems from which they can escape only in the event of accidental 
rupture or breakdown of such containers or systems, or as a result of 
abnormal operation of equipment; or
    (ii) In which ignitable concentrations of gases or vapors are 
normally prevented by positive mechanical ventilation, and which might 
become hazardous through failure or abnormal operations of the 
ventilating equipment; or
    (iii) That is adjacent to a Class I, Division 1 location, and to 
which ignitable concentrations of gases or vapors might occasionally be 
communicated unless such communication is prevented by adequate 
positive-pressure ventilation from a source of clean air, and effective 
safeguards against ventilation failure are provided.

    Note to the definition of ``Class I, Division 2:'' This 
classification usually includes locations where volatile flammable 
liquids or flammable gases or vapors are used, but which would become 
hazardous only in case of an accident or of some unusual operating

[[Page 915]]

condition. The quantity of flammable material that might escape in case 
of accident, the adequacy of ventilating equipment, the total area 
involved, and the record of the industry or business with respect to 
explosions or fires are all factors that merit consideration in 
determining the classification and extent of each location.
    Piping without valves, checks, meters, and similar devices would not 
ordinarily introduce a hazardous condition even though used for 
flammable liquids or gases. Locations used for the storage of flammable 
liquids or liquefied or compressed gases in sealed containers would not 
normally be considered hazardous unless also subject to other hazardous 
conditions.
    Electrical conduits and their associated enclosures separated from 
process fluids by a single seal or barrier are classed as a Division 2 
location if the outside of the conduit and enclosures is a nonhazardous 
location.

    (3) Class I, Zone 0. A Class I, Zone 0 location is a location in 
which one of the following conditions exists:
    (i) Ignitable concentrations of flammable gases or vapors are 
present continuously; or
    (ii) Ignitable concentrations of flammable gases or vapors are 
present for long periods of time.

    Note to the definition of ``Class I, Zone 0:'' As a guide in 
determining when flammable gases or vapors are present continuously or 
for long periods of time, refer to Recommended Practice for 
Classification of Locations for Electrical Installations of Petroleum 
Facilities Classified as Class I, Zone 0, Zone 1 or Zone 2, API RP 505-
1997; Electrical Apparatus for Explosive Gas Atmospheres, 
Classifications of Hazardous Areas, IEC 79-10-1995; Area Classification 
Code for Petroleum Installations, Model Code--Part 15, Institute for 
Petroleum; and Electrical Apparatus for Explosive Gas Atmospheres, 
Classifications of Hazardous (Classified) Locations, ISA S12.24.01-1997.

    (4) Class I, Zone 1. A Class I, Zone 1 location is a location in 
which one of the following conditions exists:
    (i) Ignitable concentrations of flammable gases or vapors are likely 
to exist under normal operating conditions; or
    (ii) Ignitable concentrations of flammable gases or vapors may exist 
frequently because of repair or maintenance operations or because of 
leakage; or
    (iii) Equipment is operated or processes are carried on of such a 
nature that equipment breakdown or faulty operations could result in the 
release of ignitable concentrations of flammable gases or vapors and 
also cause simultaneous failure of electric equipment in a manner that 
would cause the electric equipment to become a source of ignition; or
    (iv) A location that is adjacent to a Class I, Zone 0 location from 
which ignitable concentrations of vapors could be communicated, unless 
communication is prevented by adequate positive pressure ventilation 
from a source of clean air and effective safeguards against ventilation 
failure are provided.
    (5) Class I, Zone 2. A Class I, Zone 2 location is a location in 
which one of the following conditions exists:
    (i) Ignitable concentrations of flammable gases or vapors are not 
likely to occur in normal operation and if they do occur will exist only 
for a short period; or
    (ii) Volatile flammable liquids, flammable gases, or flammable 
vapors are handled, processed, or used, but in which the liquids, gases, 
or vapors are normally confined within closed containers or closed 
systems from which they can escape only as a result of accidental 
rupture or breakdown of the containers or system or as the result of the 
abnormal operation of the equipment with which the liquids or gases are 
handled, processed, or used; or
    (iii) Ignitable concentrations of flammable gases or vapors normally 
are prevented by positive mechanical ventilation, but which may become 
hazardous as the result of failure or abnormal operation of the 
ventilation equipment; or
    (iv) A location that is adjacent to a Class I, Zone 1 location, from 
which ignitable concentrations of flammable gases or vapors could be 
communicated, unless such communication is prevented by adequate 
positive-pressure ventilation from a source of clean air, and effective 
safeguards against ventilation failure are provided.
    Class II locations. Class II locations are those that are hazardous 
because of the presence of combustible dust. Class II locations include 
the following:
    (1) Class II, Division 1. A Class II, Division 1 location is a 
location:
    (i) In which combustible dust is or may be in suspension in the air 
under

[[Page 916]]

normal operating conditions, in quantities sufficient to produce 
explosive or ignitable mixtures; or
    (ii) Where mechanical failure or abnormal operation of machinery or 
equipment might cause such explosive or ignitable mixtures to be 
produced, and might also provide a source of ignition through 
simultaneous failure of electric equipment, through operation of 
protection devices, or from other causes; or
    (iii) In which combustible dusts of an electrically conductive 
nature may be present.

    Note to the definition of ``Class II, Division 1:'' This 
classification may include areas of grain handling and processing 
plants, starch plants, sugar-pulverizing plants, malting plants, hay-
grinding plants, coal pulverizing plants, areas where metal dusts and 
powders are produced or processed, and other similar locations that 
contain dust producing machinery and equipment (except where the 
equipment is dust-tight or vented to the outside). These areas would 
have combustible dust in the air, under normal operating conditions, in 
quantities sufficient to produce explosive or ignitable mixtures. 
Combustible dusts that are electrically nonconductive include dusts 
produced in the handling and processing of grain and grain products, 
pulverized sugar and cocoa, dried egg and milk powders, pulverized 
spices, starch and pastes, potato and wood flour, oil meal from beans 
and seed, dried hay, and other organic materials which may produce 
combustible dusts when processed or handled. Dusts containing magnesium 
or aluminum are particularly hazardous, and the use of extreme caution 
is necessary to avoid ignition and explosion.

    (2) Class II, Division 2. A Class II, Division 2 location is a 
location where:
    (i) Combustible dust will not normally be in suspension in the air 
in quantities sufficient to produce explosive or ignitable mixtures, and 
dust accumulations will normally be insufficient to interfere with the 
normal operation of electric equipment or other apparatus, but 
combustible dust may be in suspension in the air as a result of 
infrequent malfunctioning of handling or processing equipment; and
    (ii) Resulting combustible dust accumulations on, in, or in the 
vicinity of the electric equipment may be sufficient to interfere with 
the safe dissipation of heat from electric equipment or may be ignitable 
by abnormal operation or failure of electric equipment.

    Note to the definition of ``Class II, Division 2:'' This 
classification includes locations where dangerous concentrations of 
suspended dust would not be likely, but where dust accumulations might 
form on or in the vicinity of electric equipment. These areas may 
contain equipment from which appreciable quantities of dust would escape 
under abnormal operating conditions or be adjacent to a Class II 
Division 1 location, as described above, into which an explosive or 
ignitable concentration of dust may be put into suspension under 
abnormal operating conditions.

    Class III locations. Class III locations are those that are 
hazardous because of the presence of easily ignitable fibers or flyings, 
but in which such fibers or flyings are not likely to be in suspension 
in the air in quantities sufficient to produce ignitable mixtures. Class 
III locations include the following:
    (1) Class III, Division 1. A Class III, Division 1 location is a 
location in which easily ignitable fibers or materials producing 
combustible flyings are handled, manufactured, or used.

    Note to the definition of ``Class III, Division 1:'' Such locations 
usually include some parts of rayon, cotton, and other textile mills; 
combustible fiber manufacturing and processing plants; cotton gins and 
cotton-seed mills; flax-processing plants; clothing manufacturing 
plants; woodworking plants, and establishments; and industries involving 
similar hazardous processes or conditions.
    Easily ignitable fibers and flyings include rayon, cotton (including 
cotton linters and cotton waste), sisal or henequen, istle, jute, hemp, 
tow, cocoa fiber, oakum, baled waste kapok, Spanish moss, excelsior, and 
other materials of similar nature.

    (2) Class III, Division 2. A Class III, Division 2 location is a 
location in which easily ignitable fibers are stored or handled, other 
than in the process of manufacture.
    Collector ring. An assembly of slip rings for transferring electric 
energy from a stationary to a rotating member.
    Competent Person. One who is capable of identifying existing and 
predictable hazards in the surroundings or working conditions that are 
unsanitary, hazardous, or dangerous to employees and who has 
authorization to take prompt corrective measures to eliminate them.

[[Page 917]]

    Concealed. Rendered inaccessible by the structure or finish of the 
building. Wires in concealed raceways are considered concealed, even 
though they may become accessible by withdrawing them. (See Accessible. 
(As applied to wiring methods.))
    Conductor--(1) Bare. A conductor having no covering or electrical 
insulation whatsoever.
    (2) Covered. A conductor encased within material of composition or 
thickness that is not recognized by this subpart as electrical 
insulation.
    (3) Insulated. A conductor encased within material of composition 
and thickness that is recognized by this subpart as electrical 
insulation.
    Conduit body. A separate portion of a conduit or tubing system that 
provides access through one or more removable covers to the interior of 
the system at a junction of two or more sections of the system or at a 
terminal point of the system. Boxes such as FS and FD or larger cast or 
sheet metal boxes are not classified as conduit bodies.
    Controller. A device or group of devices that serves to govern, in 
some predetermined manner, the electric power delivered to the apparatus 
to which it is connected.
    Covered conductor. See Conductor.
    Cutout. (Over 600 volts, nominal.) An assembly of a fuse support 
with either a fuseholder, fuse carrier, or disconnecting blade. The 
fuseholder or fuse carrier may include a conducting element (fuse link), 
or may act as the disconnecting blade by the inclusion of a nonfusible 
member.
    Cutout box. An enclosure designed for surface mounting and having 
swinging doors or covers secured directly to and telescoping with the 
walls of the box proper. (See Cabinet.)
    Damp location. See Location.
    Dead front. Without live parts exposed to a person on the operating 
side of the equipment
    Deenergized. Free from any electrical connection to a source of 
potential difference and from electrical charge; not having a potential 
different from that of the earth.
    Device. A unit of an electrical system that is intended to carry but 
not utilize electric energy.
    Dielectric heating. The heating of a nominally insulating material 
due to its own dielectric losses when the material is placed in a 
varying electric field.
    Disconnecting means. A device, or group of devices, or other means 
by which the conductors of a circuit can be disconnected from their 
source of supply.
    Disconnecting (or Isolating) switch. (Over 600 volts, nominal.) A 
mechanical switching device used for isolating a circuit or equipment 
from a source of power.
    Electrolytic cell line working zone. The cell line working zone is 
the space envelope wherein operation or maintenance is normally 
performed on or in the vicinity of exposed energized surfaces of 
electrolytic cell lines or their attachments.
    Electrolytic cells. A tank or vat in which electrochemical reactions 
are caused by applying energy for the purpose of refining or producing 
usable materials.
    Enclosed. Surrounded by a case, housing, fence, or walls that will 
prevent persons from accidentally contacting energized parts.
    Enclosure. The case or housing of apparatus, or the fence or walls 
surrounding an installation to prevent personnel from accidentally 
contacting energized parts, or to protect the equipment from physical 
damage.
    Energized. Electrically connected to a source of potential 
difference.
    Equipment. A general term including material, fittings, devices, 
appliances, fixtures, apparatus, and the like, used as a part of, or in 
connection with, an electrical installation.
    Equipment grounding conductor. See Grounding conductor, equipment.
    Explosion-proof apparatus. Apparatus enclosed in a case that is 
capable of withstanding an explosion of a specified gas or vapor that 
may occur within it and of preventing the ignition of a specified gas or 
vapor surrounding the enclosure by sparks, flashes, or explosion of the 
gas or vapor within, and that operates at such an external temperature 
that it will not ignite a surrounding flammable atmosphere.
    Exposed. (As applied to live parts.) Capable of being inadvertently 
touched or

[[Page 918]]

approached nearer than a safe distance by a person. It is applied to 
parts not suitably guarded, isolated, or insulated. (See Accessible and 
Concealed.)
    Exposed. (As applied to wiring methods.) On or attached to the 
surface, or behind panels designed to allow access. (See Accessible. (As 
applied to wiring methods.))
    Exposed. (For the purposes of Sec.  1910.308(e).) Where the circuit 
is in such a position that in case of failure of supports or insulation, 
contact with another circuit may result.
    Externally operable. Capable of being operated without exposing the 
operator to contact with live parts.
    Feeder. All circuit conductors between the service equipment, the 
source of a separate derived system, or other power supply source and 
the final branch-circuit overcurrent device.
    Fitting. An accessory such as a locknut, bushing, or other part of a 
wiring system that is intended primarily to perform a mechanical rather 
than an electrical function.
    Fountain. Fountains, ornamental pools, display pools, and reflection 
pools.

    Note to the definition of ``fountain:'' This definition does not 
include drinking fountains.

    Fuse. (Over 600 volts, nominal.) An overcurrent protective device 
with a circuit opening fusible part that is heated and severed by the 
passage of overcurrent through it. A fuse comprises all the parts that 
form a unit capable of performing the prescribed functions. It may or 
may not be the complete device necessary to connect it into an 
electrical circuit.
    Ground. A conducting connection, whether intentional or accidental, 
between an electric circuit or equipment and the earth, or to some 
conducting body that serves in place of the earth.
    Grounded. Connected to the earth or to some conducting body that 
serves in place of the earth.
    Grounded, effectively. Intentionally connected to earth through a 
ground connection or connections of sufficiently low impedance and 
having sufficient current-carrying capacity to prevent the buildup of 
voltages that may result in undue hazards to connected equipment or to 
persons.
    Grounded conductor. A system or circuit conductor that is 
intentionally grounded.
    Grounding conductor. A conductor used to connect equipment or the 
grounded circuit of a wiring system to a grounding electrode or 
electrodes.
    Grounding conductor, equipment. The conductor used to connect the 
noncurrent-carrying metal parts of equipment, raceways, and other 
enclosures to the system grounded conductor, the grounding electrode 
conductor, or both, at the service equipment or at the source of a 
separately derived system.
    Grounding electrode conductor. The conductor used to connect the 
grounding electrode to the equipment grounding conductor, to the 
grounded conductor, or to both, of the circuits at the service equipment 
or at the source of a separately derived system.
    Ground-fault circuit-interrupter. A device intended for the 
protection of personnel that functions to deenergize a circuit or a 
portion of a circuit within an established period of time when a current 
to ground exceeds some predetermined value that is less than that 
required to operate the overcurrent protective device of the supply 
circuit.
    Guarded. Covered, shielded, fenced, enclosed, or otherwise protected 
by means of suitable covers, casings, barriers, rails, screens, mats, or 
platforms to remove the likelihood of approach to a point of danger or 
contact by persons or objects.
    Health care facilities. Buildings or portions of buildings in which 
medical, dental, psychiatric, nursing, obstetrical, or surgical care are 
provided.

    Note to the definition of ``health care facilities:'' Health care 
facilities include, but are not limited to, hospitals, nursing homes, 
limited care facilities, clinics, medical and dental offices, and 
ambulatory care centers, whether permanent or movable.

    Heating equipment. For the purposes of Sec.  1910.306(g), the term 
``heating equipment'' includes any equipment used for heating purposes 
if heat is generated by induction or dielectric methods.
    Hoistway. Any shaftway, hatchway, well hole, or other vertical 
opening or space that is designed for the operation of an elevator or 
dumbwaiter.

[[Page 919]]

    Identified (as applied to equipment). Approved as suitable for the 
specific purpose, function, use, environment, or application, where 
described in a particular requirement.

    Note to the definition of ``identified:'' Some examples of ways to 
determine suitability of equipment for a specific purpose, environment, 
or application include investigations by a nationally recognized testing 
laboratory (through listing and labeling), inspection agency, or other 
organization recognized under the definition of ``acceptable.''

    Induction heating. The heating of a nominally conductive material 
due to its own I \2\R losses when the material is placed in a varying 
electromagnetic field.
    Insulated. Separated from other conducting surfaces by a dielectric 
(including air space) offering a high resistance to the passage of 
current.
    Insulated conductor. See Conductor, Insulated.
    Interrupter switch. (Over 600 volts, nominal.) A switch capable of 
making, carrying, and interrupting specified currents.
    Irrigation Machine. An electrically driven or controlled machine, 
with one or more motors, not hand portable, and used primarily to 
transport and distribute water for agricultural purposes.
    Isolated. (As applied to location.) Not readily accessible to 
persons unless special means for access are used.
    Isolated power system. A system comprising an isolating transformer 
or its equivalent, a line isolation monitor, and its ungrounded circuit 
conductors.
    Labeled. Equipment is ``labeled'' if there is attached to it a 
label, symbol, or other identifying mark of a nationally recognized 
testing laboratory:
    (1) That makes periodic inspections of the production of such 
equipment, and
    (2) Whose labeling indicates compliance with nationally recognized 
standards or tests to determine safe use in a specified manner.
    Lighting outlet. An outlet intended for the direct connection of a 
lampholder, a lighting fixture, or a pendant cord terminating in a 
lampholder.
    Listed. Equipment is ``listed'' if it is of a kind mentioned in a 
list that:
    (1) Is published by a nationally recognized laboratory that makes 
periodic inspection of the production of such equipment, and
    (2) States that such equipment meets nationally recognized standards 
or has been tested and found safe for use in a specified manner.
    Live parts. Energized conductive components.
    Location--(1) Damp location. Partially protected locations under 
canopies, marquees, roofed open porches, and like locations, and 
interior locations subject to moderate degrees of moisture, such as some 
basements, some barns, and some cold-storage warehouses.
    (2) Dry location. A location not normally subject to dampness or 
wetness. A location classified as dry may be temporarily subject to 
dampness or wetness, as in the case of a building under construction.
    (3) Wet location. Installations underground or in concrete slabs or 
masonry in direct contact with the earth, and locations subject to 
saturation with water or other liquids, such as vehicle-washing areas, 
and locations unprotected and exposed to weather.
    Medium voltage cable (Type MV). A single or multiconductor solid 
dielectric insulated cable rated 2001 volts or higher.
    Metal-clad cable (Type MC). A factory assembly of one or more 
insulated circuit conductors with or without optical fiber members 
enclosed in an armor of interlocking metal tape, or a smooth or 
corrugated metallic sheath.
    Mineral-insulated metal-sheathed cable (Type MI). Type MI, mineral-
insulated metal-sheathed, cable is a factory assembly of one or more 
conductors insulated with a highly compressed refractory mineral 
insulation and enclosed in a liquidtight and gastight continuous copper 
or alloy steel sheath.
    Mobile X-ray. X-ray equipment mounted on a permanent base with 
wheels or casters or both for moving while completely assembled.
    Motor control center. An assembly of one or more enclosed sections 
having a common power bus and principally containing motor control 
units.
    Nonmetallic-sheathed cable (Types NM, NMC, and NMS). A factory 
assembly of

[[Page 920]]

two or more insulated conductors having an outer sheath of moisture 
resistant, flame-retardant, nonmetallic material.
    Oil (filled) cutout. (Over 600 volts, nominal.) A cutout in which 
all or part of the fuse support and its fuse link or disconnecting blade 
are mounted in oil with complete immersion of the contacts and the 
fusible portion of the conducting element (fuse link), so that arc 
interruption by severing of the fuse link or by opening of the contacts 
will occur under oil.
    Open wiring on insulators. Open wiring on insulators is an exposed 
wiring method using cleats, knobs, tubes, and flexible tubing for the 
protection and support of single insulated conductors run in or on 
buildings, and not concealed by the building structure.
    Outlet. A point on the wiring system at which current is taken to 
supply utilization equipment.
    Outline lighting. An arrangement of incandescent lamps or electric 
discharge lighting to outline or call attention to certain features, 
such as the shape of a building or the decoration of a window.
    Overcurrent. Any current in excess of the rated current of equipment 
or the ampacity of a conductor. It may result from overload, short 
circuit, or ground fault.
    Overhaul means to perform a major replacement, modification, repair, 
or rehabilitation similar to that involved when a new building or 
facility is built, a new wing is added, or an entire floor is renovated.
    Overload. Operation of equipment in excess of normal, full-load 
rating, or of a conductor in excess of rated ampacity that, when it 
persists for a sufficient length of time, would cause damage or 
dangerous overheating. A fault, such as a short circuit or ground fault, 
is not an overload. (See Overcurrent.)
    Panelboard. A single panel or group of panel units designed for 
assembly in the form of a single panel; including buses, automatic 
overcurrent devices, and with or without switches for the control of 
light, heat, or power circuits; designed to be placed in a cabinet or 
cutout box placed in or against a wall or partition and accessible only 
from the front. (See Switchboard.)
    Permanently installed decorative fountains and reflection pools. 
Pools that are constructed in the ground, on the ground, or in a 
building in such a manner that the fountain or pool cannot be readily 
disassembled for storage, whether or not served by electrical circuits 
of any nature. These units are primarily constructed for their aesthetic 
value and are not intended for swimming or wading.
    Permanently installed swimming, wading, and therapeutic pools. Pools 
that are constructed in the ground or partially in the ground, and all 
other capable of holding water in a depth greater than 1.07 m (42 in.). 
The definition also applies to all pools installed inside of a building, 
regardless of water depth, whether or not served by electric circuits of 
any nature.
    Portable X-ray. X-ray equipment designed to be hand-carried.
    Power and control tray cable (Type TC). A factory assembly of two or 
more insulated conductors, with or without associated bare or covered 
grounding conductors under a nonmetallic sheath, approved for 
installation in cable trays, in raceways, or where supported by a 
messenger wire.
    Power fuse. (Over 600 volts, nominal.) See Fuse.
    Power-limited tray cable (Type PLTC). A factory assembly of two or 
more insulated conductors under a nonmetallic jacket.
    Power outlet. An enclosed assembly, which may include receptacles, 
circuit breakers, fuseholders, fused switches, buses, and watt-hour 
meter mounting means, that is intended to supply and control power to 
mobile homes, recreational vehicles, or boats or to serve as a means for 
distributing power needed to operate mobile or temporarily installed 
equipment.
    Premises wiring. (Premises wiring system.) The interior and exterior 
wiring, including power, lighting, control, and signal circuit wiring 
together with all of their associated hardware, fittings, and wiring 
devices, both permanently and temporarily installed, that extends from 
the service point of utility conductors or source of power (such as a 
battery, a solar photovoltaic system,

[[Page 921]]

or a generator, transformer, or converter) to the outlets. Such wiring 
does not include wiring internal to appliances, fixtures, motors, 
controllers, motor control centers, and similar equipment.
    Qualified person. One who has received training in and has 
demonstrated skills and knowledge in the construction and operation of 
electric equipment and installations and the hazards involved.

    Note 1 to the definition of ``qualified person:'' Whether an 
employee is considered to be a ``qualified person'' will depend upon 
various circumstances in the workplace. For example, it is possible and, 
in fact, likely for an individual to be considered ``qualified'' with 
regard to certain equipment in the workplace, but ``unqualified'' as to 
other equipment. (See 1910.332(b)(3) for training requirements that 
specifically apply to qualified persons.)
    Note 2 to the definition of ``qualified person:'' An employee who is 
undergoing on-the-job training and who, in the course of such training, 
has demonstrated an ability to perform duties safely at his or her level 
of training and who is under the direct supervision of a qualified 
person is considered to be a qualified person for the performance of 
those duties.

    Raceway. An enclosed channel of metal or nonmetallic materials 
designed expressly for holding wires, cables, or busbars, with 
additional functions as permitted in this standard. Raceways include, 
but are not limited to, rigid metal conduit, rigid nonmetallic conduit, 
intermediate metal conduit, liquidtight flexible conduit, flexible 
metallic tubing, flexible metal conduit, electrical metallic tubing, 
electrical nonmetallic tubing, underfloor raceways, cellular concrete 
floor raceways, cellular metal floor raceways, surface raceways, 
wireways, and busways.
    Readily accessible. Capable of being reached quickly for operation, 
renewal, or inspections, so that those needing ready access do not have 
to climb over or remove obstacles or to resort to portable ladders, 
chairs, etc. (See Accessible.)
    Receptacle. A receptacle is a contact device installed at the outlet 
for the connection of an attachment plug. A single receptacle is a 
single contact device with no other contact device on the same yoke. A 
multiple receptacle is two or more contact devices on the same yoke.
    Receptacle outlet. An outlet where one or more receptacles are 
installed.
    Remote-control circuit. Any electric circuit that controls any other 
circuit through a relay or an equivalent device.
    Sealable equipment. Equipment enclosed in a case or cabinet that is 
provided with a means of sealing or locking so that live parts cannot be 
made accessible without opening the enclosure. The equipment may or may 
not be operable without opening the enclosure.
    Separately derived system. A premises wiring system whose power is 
derived from a battery, a solar photovoltaic system, or from a 
generator, transformer, or converter windings, and that has no direct 
electrical connection, including a solidly connected grounded circuit 
conductor, to supply conductors originating in another system.
    Service. The conductors and equipment for delivering electric energy 
from the serving utility to the wiring system of the premises served.
    Service cable. Service conductors made up in the form of a cable.
    Service conductors. The conductors from the service point to the 
service disconnecting means.
    Service drop. The overhead service conductors from the last pole or 
other aerial support to and including the splices, if any, connecting to 
the service-entrance conductors at the building or other structure.
    Service-entrance cable. A single conductor or multiconductor 
assembly provided with or without an overall covering, primarily used 
for services, and is of the following types:
    (1) Type SE. Type SE, having a flame-retardant, moisture resistant 
covering; and
    (2) Type USE. Type USE, identified for underground use, having a 
moisture-resistant covering, but not required to have a flame-retardant 
covering. Cabled, single-conductor, Type USE constructions recognized 
for underground use may have a bare copper conductor cabled with the 
assembly.

[[Page 922]]

Type USE single, parallel, or cable conductor assemblies recognized for 
underground use may have a bare copper concentric conductor applied. 
These constructions do not require an outer overall covering.
    Service-entrance conductors, overhead system. The service conductors 
between the terminals of the service equipment and a point usually 
outside the building, clear of building walls, where joined by tap or 
splice to the service drop.
    Service entrance conductors, underground system. The service 
conductors between the terminals of the service equipment and the point 
of connection to the service lateral.
    Service equipment. The necessary equipment, usually consisting of 
one or more circuit breakers or switches and fuses, and their 
accessories, connected to the load end of service conductors to a 
building or other structure, or an otherwise designated area, and 
intended to constitute the main control and cutoff of the supply.
    Service point. The point of connection between the facilities of the 
serving utility and the premises wiring.
    Shielded nonmetallic-sheathed cable (Type SNM). A factory assembly 
of two or more insulated conductors in an extruded core of moisture-
resistant, flame-resistant nonmetallic material, covered with an 
overlapping spiral metal tape and wire shield and jacketed with an 
extruded moisture-, flame-, oil-, corrosion-, fungus-, and sunlight-
resistant nonmetallic material.
    Show window. Any window used or designed to be used for the display 
of goods or advertising material, whether it is fully or partly enclosed 
or entirely open at the rear and whether or not it has a platform raised 
higher than the street floor level.
    Signaling circuit. Any electric circuit that energizes signaling 
equipment.
    Storable swimming or wading pool. A pool that is constructed on or 
above the ground and is capable of holding water to a maximum depth of 
1.07 m (42 in.), or a pool with nonmetallic, molded polymeric walls or 
inflatable fabric walls regardless of dimension.
    Switchboard. A large single panel, frame, or assembly of panels on 
which are mounted, on the face or back, or both, switches, overcurrent 
and other protective devices, buses, and (usually) instruments. 
Switchboards are generally accessible from the rear as well as from the 
front and are not intended to be installed in cabinets. (See 
Panelboard.)
    Switch--(1) General-use switch. A switch intended for use in general 
distribution and branch circuits. It is rated in amperes, and it is 
capable of interrupting its rated current at its rated voltage.
    (2) General-use snap switch. A form of general-use switch 
constructed so that it can be installed in device boxes or on box 
covers, or otherwise used in conjunction with wiring systems recognized 
by this subpart.
    (3) Isolating switch. A switch intended for isolating an electric 
circuit from the source of power. It has no interrupting rating, and it 
is intended to be operated only after the circuit has been opened by 
some other means.
    (4) Motor-circuit switch. A switch, rated in horsepower, capable of 
interrupting the maximum operating overload current of a motor of the 
same horsepower rating as the switch at the rated voltage.
    Switching devices. (Over 600 volts, nominal.) Devices designed to 
close and open one or more electric circuits. Included in this category 
are circuit breakers, cutouts, disconnecting (or isolating) switches, 
disconnecting means, interrupter switches, and oil (filled) cutouts.
    Transportable X-ray. X-ray equipment installed in a vehicle or that 
may readily be disassembled for transport in a vehicle.
    Utilization equipment. Equipment that utilizes electric energy for 
electronic, electromechanical, chemical, heating, lighting, or similar 
purposes.
    Ventilated. Provided with a means to permit circulation of air 
sufficient to remove an excess of heat, fumes, or vapors.
    Volatile flammable liquid. A flammable liquid having a flash point 
below 38 [deg]C (100 [deg]F), or a flammable liquid whose temperature is 
above its flash point, or a Class II combustible liquid having a vapor 
pressure not exceeding 276 kPa

[[Page 923]]

(40 psia) at 38 [deg]C (100 [deg]F) and whose temperature is above its 
flash point.
    Voltage (of a circuit). The greatest root-mean-square (rms) 
(effective) difference of potential between any two conductors of the 
circuit concerned.
    Voltage, nominal. A nominal value assigned to a circuit or system 
for the purpose of conveniently designating its voltage class (as 120/
240 volts, 480Y/277 volts, 600 volts). The actual voltage at which a 
circuit operates can vary from the nominal within a range that permits 
satisfactory operation of equipment.
    Voltage to ground. For grounded circuits, the voltage between the 
given conductor and that point or conductor of the circuit that is 
grounded; for ungrounded circuits, the greatest voltage between the 
given conductor and any other conductor of the circuit.
    Watertight. So constructed that moisture will not enter the 
enclosure.
    Weatherproof. So constructed or protected that exposure to the 
weather will not interfere with successful operation. Rainproof, 
raintight, or watertight equipment can fulfill the requirements for 
weatherproof where varying weather conditions other than wetness, such 
as snow, ice, dust, or temperature extremes, are not a factor.
    Wireways. Sheet-metal troughs with hinged or removable covers for 
housing and protecting electric wires and cable and in which conductors 
are laid in place after the wireway has been installed as a complete 
system.

[72 FR 7215, Feb. 14, 2007, as amended at 79 FR 20692, Apr. 11, 2014]



   Sec. Appendix A to Subpart S of Part 1910-- References for Further 
                               Information

    The references contained in this appendix provide nonmandatory 
information that can be helpful in understanding and complying with 
subpart S of this Part. However, compliance with these standards is not 
a substitute for compliance with subpart S of this Part.
    ANSI/API RP 500-1998 (2002) Recommended Practice for Classification 
of Locations for Electrical Installations at Petroleum Facilities 
Classified as Class I Division 1 and Division 2.
    ANSI/API RP 505-1997 (2002) Recommended Practice for Classification 
of Locations for Electrical Installations at Petroleum Facilities 
Classified as Class I, Zone 0, Zone 1 and Zone 2.
    ANSI/ASME A17.1-2004 Safety Code for Elevators and Escalators.
    ANSI/ASME B30.2-2005 Overhead and Gantry Cranes (Top Running Bridge, 
Single or Multiple Girder, Top Running Trolley Hoist).
    ANSI/ASME B30.3-2004 Construction Tower Cranes.
    ANSI/ASME B30.4-2003 Portal, Tower, and Pedestal Cranes.
    ANSI/ASME B30.5-2004 Mobile And Locomotive Cranes.
    ANSI/ASME B30.6-2003 Derricks.
    ANSI/ASME B30.7-2001 Base Mounted Drum Hoists.
    ANSI/ASME B30.8-2004 Floating Cranes And Floating Derricks.
    ANSI/ASME B30.11-2004 Monorails And Underhung Cranes.
    ANSI/ASME B30.12-2001 Handling Loads Suspended from Rotorcraft.
    ANSI/ASME B30.13-2003 Storage/Retrieval (S/R) Machines and 
Associated Equipment.
    ANSI/ASME B30.16-2003 Overhead Hoists (Underhung).
    ANSI/ASME B30.22-2005 Articulating Boom Cranes.
    ANSI/ASSE Z244.1-2003 Control of Hazardous Energy Lockout/Tagout and 
Alternative Methods.
    ANSI/ASSE Z490.1-2001 Criteria for Accepted Practices in Safety, 
Health, and Environmental Training.
    ANSI/IEEE C2-2002 National Electrical Safety Code.
    ANSI K61.1-1999 Safety Requirements for the Storage and Handling of 
Anhydrous Ammonia.
    ANSI/UL 913-2003 Intrinsically Safe Apparatus and Associated 
Apparatus for Use in Class I, II, and III, Division 1, Hazardous 
(Classified) Locations.
    ASTM D3176-1989 (2002) Standard Practice for Ultimate Analysis of 
Coal and Coke.
    ASTM D3180-1989 (2002) Standard Practice for Calculating Coal and 
Coke Analyses from As-Determined to Different Bases.
    NFPA 20-2003 Standard for the Installation of Stationary Pumps for 
Fire Protection.
    NFPA 30-2003 Flammable and Combustible Liquids Code.
    NFPA 32-2004 Standard for Drycleaning Plants.
    NFPA 33-2003 Standard for Spray Application Using Flammable or 
Combustible Materials.
    NFPA 34-2003 Standard for Dipping and Coating Processes Using 
Flammable or Combustible Liquids.
    NFPA 35-2005 Standard for the Manufacture of Organic Coatings.
    NFPA 36-2004 Standard for Solvent Extraction Plants.
    NFPA 40-2001 Standard for the Storage and Handling of Cellulose 
Nitrate Film.
    NFPA 58-2004 Liquefied Petroleum Gas Code.
    NFPA 59-2004 Utility LP-Gas Plant Code.
    NFPA 70-2002 National Electrical Code. (See also NFPA 70-2005.)

[[Page 924]]

    NFPA 70E-2000 Standard for Electrical Safety Requirements for 
Employee Workplaces. (See also NFPA 70E-2004.)
    NFPA 77-2000 Recommended Practice on Static Electricity.
    NFPA 80-1999 Standard for Fire Doors and Fire Windows.
    NFPA 88A-2002 Standard for Parking Structures.
    NFPA 91-2004 Standard for Exhaust Systems for Air Conveying of 
Vapors, Gases, Mists, and Noncombustible Particulate Solids.
    NFPA 101-2006 Life Safety Code.
    NFPA 496-2003 Standard for Purged and Pressurized Enclosures for 
Electrical Equipment.
    NFPA 497-2004 Recommended Practice for the Classification of 
Flammable Liquids, Gases, or Vapors and of Hazardous (Classified) 
Locations for Electrical Installations in Chemical Process Areas.
    NFPA 505-2006 Fire Safety Standard for Powered Industrial Trucks 
Including Type Designations, Areas of Use, Conversions, Maintenance, and 
Operation.
    NFPA 820-2003 Standard for Fire Protection in Wastewater Treatment 
and Collection Facilities.
    NMAB 353-1-1979 Matrix of Combustion-Relevant Properties and 
Classification of Gases, Vapors, and Selected Solids.
    NMAB 353-2-1979 Test Equipment for Use in Determining 
Classifications of Combustible Dusts.
    NMAB 353-3-1980 Classification of Combustible Dust in Accordance 
with the National Electrical Code.

[72 FR 7221, Feb. 14, 2007]



                 Subpart T_Commercial Diving Operations

    Authority: 29 U.S.C. 653, 655, 657; 40 U.S.C. 333; 33 U.S.C. 941; 
Secretary of Labor's Order No. 8-76 (41 FR 25059), 9-83 (48 FR 35736), 
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355) as applicable, and 
29 CFR 1911.

    Source: 42 FR 37668, July 22, 1977, unless otherwise noted.

                                 General



Sec.  1910.401  Scope and application.

    (a) Scope. (1) This subpart (standard) applies to every place of 
employment within the waters of the United States, or within any State, 
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, American Samoa, Guam, the Trust Territory of the Pacific 
Islands, Wake Island, Johnston Island, the Canal Zone, or within the 
Outer Continental Shelf lands as defined in the Outer Continental Shelf 
Lands Act (67 Stat. 462, 43 U.S.C. 1331), where diving and related 
support operations are performed.
    (2) This standard applies to diving and related support operations 
conducted in connection with all types of work and employments, 
including general industry, construction, ship repairing, shipbuilding, 
shipbreaking and longshoring. However, this standard does not apply to 
any diving operation:
    (i) Performed solely for instructional purposes, using open-circuit, 
compressed-air SCUBA and conducted within the no-decompression limits;
    (ii) Performed solely for search, rescue, or related public safety 
purposes by or under the control of a governmental agency; or
    (iii) Governed by 45 CFR part 46 (Protection of Human Subjects, U.S. 
Department of Health and Human Services) or equivalent rules or 
regulations established by another federal agency, which regulate 
research, development, or related purposes involving human subjects.
    (iv) Defined as scientific diving and which is under the direction 
and control of a diving program containing at least the following 
elements:
    (A) Diving safety manual which includes at a minimum: Procedures 
covering all diving operations specific to the program; procedures for 
emergency care, including recompression and evacuation; and criteria for 
diver training and certification.
    (B) Diving control (safety) board, with the majority of its members 
being active divers, which shall at a minimum have the authority to: 
Approve and monitor diving projects; review and revise the diving safety 
manual; assure compliance with the manual; certify the depths to which a 
diver has been trained; take disciplinary action for unsafe practices; 
and, assure adherence to the buddy system (a diver is accompanied by and 
is in continuous contact with another diver in the water) for SCUBA 
diving.
    (3) Alternative requirements for recreational diving instructors and 
diving guides. Employers of recreational diving instructors and diving 
guides are

[[Page 925]]

not required to comply with the decompression-chamber requirements 
specified by paragraphs (b)(2) and (c)(3)(iii) of Sec.  1910.423 and 
paragraph (b)(1) of Sec.  1910.426 when they meet all of the following 
conditions:
    (i) The instructor or guide is engaging solely in recreational 
diving instruction or dive-guiding operations;
    (ii) The instructor or guide is diving within the no-decompression 
limits in these operations;
    (iii) The instructor or guide is using a nitrox breathing-gas 
mixture consisting of a high percentage of oxygen (more than 22% by 
volume) mixed with nitrogen;
    (iv) The instructor or guide is using an open-circuit, semi-closed-
circuit, or closed-circuit self-contained underwater breathing apparatus 
(SCUBA); and
    (v) The employer of the instructor or guide is complying with all 
requirements of appendix C of this subpart.
    (b) Application in emergencies. An employer may deviate from the 
requirements of this standard to the extent necessary to prevent or 
minimize a situation which is likely to cause death, serious physical 
harm, or major environmental damage, provided that the employer:
    (1) Notifies the Area Director, Occupational Safety and Health 
Administration within 48 hours of the onset of the emergency situation 
indicating the nature of the emergency and extent of the deviation from 
the prescribed regulations; and
    (2) Upon request from the Area Director, submits such information in 
writing.
    (c) Employer obligation. The employer shall be responsible for 
compliance with:
    (1) All provisions of this standard of general applicability; and
    (2) All requirements pertaining to specific diving modes to the 
extent diving operations in such modes are conducted.

[42 FR 37668, July 22, 1977, as amended at 47 FR 53365, Nov. 26, 1982; 
58 FR 35310, June 30, 1993; 69 FR 7363, Feb. 17, 2004]



Sec.  1910.402  Definitions.

    As used in this standard, the listed terms are defined as follows:
    Acfm: Actual cubic feet per minute.
    ASME Code or equivalent: ASME (American Society of Mechanical 
Engineers) Boiler and Pressure Vessel Code, Section VIII, or an 
equivalent code which the employer can demonstrate to be equally 
effective.
    ATA: Atmosphere absolute.
    Bell: An enclosed compartment, pressurized (closed bell) or 
unpressurized (open bell), which allows the diver to be transported to 
and from the underwater work area and which may be used as a temporary 
refuge during diving operations.
    Bottom time: The total elasped time measured in minutes from the 
time when the diver leaves the surface in descent to the time that the 
diver begins ascent.
    Bursting pressure: The pressure at which a pressure containment 
device would fail structurally.
    Cylinder: A pressure vessel for the storage of gases.
    Decompression chamber: A pressure vessel for human occupancy such as 
a surface decompression chamber, closed bell, or deep diving system used 
to decompress divers and to treat decompression sickness.
    Decompression sickness: A condition with a variety of symptoms which 
may result from gas or bubbles in the tissues of divers after pressure 
reduction.
    Decompression table: A profile or set of profiles of depth-time 
relationships for ascent rates and breathing mixtures to be followed 
after a specific depth-time exposure or exposures.
    Dive-guiding operations means leading groups of sports divers, who 
use an open-circuit, semi-closed-circuit, or closed-circuit self-
contained underwater breathing apparatus, to local undersea diving 
locations for recreational purposes.
    Dive location: A surface or vessel from which a diving operation is 
conducted.
    Dive-location reserve breathing gas: A supply system of air or 
mixed-gas (as appropriate) at the dive location which is independent of 
the primary supply system and sufficient to support divers during the 
planned decompression.
    Dive team: Divers and support employees involved in a diving 
operation, including the designated person-in-charge.

[[Page 926]]

    Diver: An employee working in water using underwater apparatus which 
supplies compressed breathing gas at the ambient pressure.
    Diver-carried reserve breathing gas: A diver-carried supply of air 
or mixed gas (as appropriate) sufficient under standard operating 
conditions to allow the diver to reach the surface, or another source of 
breathing gas, or to be reached by a standby diver.
    Diving mode: A type of diving requiring specific equipment, 
procedures and techniques (SCUBA, surface-supplied air, or mixed gas).
    Fsw: Feet of seawater (or equivalent static pressure head).
    Heavy gear: Diver-worn deep-sea dress including helmet, breastplate, 
dry suit, and weighted shoes.
    Hyperbaric conditions: Pressure conditions in excess of surface 
pressure.
    Inwater stage: A suspended underwater platform which supports a 
diver in the water.
    Liveboating: The practice of supporting a surfaced-supplied air or 
mixed gas diver from a vessel which is underway.
    Mixed-gas diving: A diving mode in which the diver is supplied in 
the water with a breathing gas other than air.
    No-decompression limits: The depth-time limits of the ``no-
decompression limits and repetitive dive group designation table for no-
decompression air dives'', U.S. Navy Diving Manual or equivalent limits 
which the employer can demonstrate to be equally effective.
    Psi(g): Pounds per square inch (gauge).
    Recreational diving instruction means training diving students in 
the use of recreational diving procedures and the safe operation of 
diving equipment, including an open-circuit, semi-closed-circuit, or 
closed-circuit self-contained underwater breathing apparatus, during 
dives.
    Scientific diving means diving performed solely as a necessary part 
of a scientific, research, or educational activity by employees whose 
sole purpose for diving is to perform scientific research tasks. 
Scientific diving does not include performing any tasks usually 
associated with commercial diving such as: Placing or removing heavy 
objects underwater; inspection of pipelines and similar objects; 
construction; demolition; cutting or welding; or the use of explosives.
    SCUBA diving: A diving mode independent of surface supply in which 
the diver uses open circuit self-contained underwater breathing 
apparatus.
    Standby diver: A diver at the dive location available to assist a 
diver in the water.
    Surface-supplied air diving: A diving mode in which the diver in the 
water is supplied from the dive location with compressed air for 
breathing.
    Treatment table: A depth-time and breathing gas profile designed to 
treat decompression sickness.
    Umbilical: The composite hose bundle between a dive location and a 
diver or bell, or between a diver and a bell, which supplies the diver 
or bell with breathing gas, communications, power, or heat as 
appropriate to the diving mode or conditions, and includes a safety line 
between the diver and the dive location.
    Volume tank: A pressure vessel connected to the outlet of a 
compressor and used as an air reservoir.
    Working pressure: The maximum pressure to which a pressure 
containment device may be exposed under standard operating conditions.

[42 FR 37668, July 22, 1977, as amended at 47 FR 53365, Nov. 26, 1982; 
69 FR 7363, Feb. 17, 2004]

                         Personnel Requirements



Sec.  1910.410  Qualifications of dive team.

    (a) General. (1) Each dive team member shall have the experience or 
training necessary to perform assigned tasks in a safe and healthful 
manner.
    (2) Each dive team member shall have experience or training in the 
following:
    (i) The use of tools, equipment and systems relevant to assigned 
tasks;
    (ii) Techniques of the assigned diving mode: and
    (iii) Diving operations and emergency procedures.
    (3) All dive team members shall be trained in cardiopulmonary 
resuscitation and first aid (American Red Cross standard course or 
equivalent).

[[Page 927]]

    (4) Dive team members who are exposed to or control the exposure of 
others to hyperbaric conditions shall be trained in diving-related 
physics and physiology.
    (b) Assignments. (1) Each dive team member shall be assigned tasks 
in accordance with the employee's experience or training, except that 
limited additional tasks may be assigned to an employee undergoing 
training provided that these tasks are performed under the direct 
supervision of an experienced dive team member.
    (2) The employer shall not require a dive team member to be exposed 
to hyperbaric conditions against the employee's will, except when 
necessary to complete decompression or treatment procedures.
    (3) The employer shall not permit a dive team member to dive or be 
otherwise exposed to hyperbaric conditions for the duration of any 
temporary physical impairment or condition which is known to the 
employer and is likely to affect adversely the safety or health of a 
dive team member.
    (c) Designated person-in-charge. (1) The employer or an employee 
designated by the employer shall be at the dive location in charge of 
all aspects of the diving operation affecting the safety and health of 
dive team members.
    (2) The designated person-in-charge shall have experience and 
training in the conduct of the assigned diving operation.

                      General Operations Procedures



Sec.  1910.420  Safe practices manual.

    (a) General. The employer shall develop and maintain a safe 
practices manual which shall be made available at the dive location to 
each dive team member.
    (b) Contents. (1) The safe practices manual shall contain a copy of 
this standard and the employer's policies for implementing the 
requirements of this standard.
    (2) For each diving mode engaged in, the safe practices manual shall 
include:
    (i) Safety procedures and checklists for diving operations;
    (ii) Assignments and responsibilities of the dive team members;
    (iii) Equipment procedures and checklists; and
    (iv) Emergency procedures for fire, equipment failure, adverse 
environmental conditions, and medical illness and injury.

[42 FR 37668, July 22, 1977, as amended at 49 FR 18295, Apr. 30, 1984]



Sec.  1910.421  Pre-dive procedures.

    (a) General. The employer shall comply with the following 
requirements prior to each diving operation, unless otherwise specified.
    (b) Emergency aid. A list shall be kept at the dive location of the 
telephone or call numbers of the following:
    (1) An operational decompression chamber (if not at the dive 
location);
    (2) Accessible hospitals;
    (3) Available physicians;
    (4) Available means of transportation; and
    (5) The nearest U.S. Coast Guard Rescue Coordination Center.
    (c) First aid supplies. (1) A first aid kit appropriate for the 
diving operation and approved by a physician shall be available at the 
dive location.
    (2) When used in a decompression chamber or bell, the first aid kit 
shall be suitable for use under hyperbaric conditions.
    (3) In addition to any other first aid supplies, an American Red 
Cross standard first aid handbook or equivalent, and a bag-type manual 
resuscitator with transparent mask and tubing shall be available at the 
dive location.
    (d) Planning and assessment. Planning of a diving operation shall 
include an assessment of the safety and health aspects of the following:
    (1) Diving mode;
    (2) Surface and underwater conditions and hazards;
    (3) Breathing gas supply (including reserves);
    (4) Thermal protection;
    (5) Diving equipment and systems;
    (6) Dive team assignments and physical fitness of dive team members 
(including any impairment known to the employer);
    (7) Repetitive dive designation or residual inert gas status of dive 
team members;

[[Page 928]]

    (8) Decompression and treatment procedures (including altitude 
corrections); and
    (9) Emergency procedures.
    (e) Hazardous activities. To minimize hazards to the dive team, 
diving operations shall be coordinated with other activities in the 
vicinity which are likely to interfere with the diving operation.
    (f) Employee briefing. (1) Dive team members shall be briefed on:
    (i) The tasks to be undertaken;
    (ii) Safety procedures for the diving mode;
    (iii) Any unusual hazards or environmental conditions likely to 
affect the safety of the diving operation; and
    (iv) Any modifications to operating procedures necessitated by the 
specific diving operation.
    (2) Prior to making individual dive team member assignments, the 
employer shall inquire into the dive team member's current state of 
physical fitness, and indicate to the dive team member the procedure for 
reporting physical problems or adverse physiological effects during and 
after the dive.
    (g) Equipment inspection. The breathing gas supply system including 
reserve breathing gas supplies, masks, helmets, thermal protection, and 
bell handling mechanism (when appropriate) shall be inspected prior to 
each dive.
    (h) Warning signal. When diving from surfaces other than vessels in 
areas capable of supporting marine traffic, a rigid replica of the 
international code flag ``A'' at least one meter in height shall be 
displayed at the dive location in a manner which allows all-round 
visibility, and shall be illuminated during night diving operations.

[42 FR 37668, July 22, 1977, as amended at 47 FR 14706, Apr. 6, 1982; 54 
FR 24334, June 7, 1989]



Sec.  1910.422  Procedures during dive.

    (a) General. The employer shall comply with the following 
requirements which are applicable to each diving operation unless 
otherwise specified.
    (b) Water entry and exit. (1) A means capable of supporting the 
diver shall be provided for entering and exiting the water.
    (2) The means provided for exiting the water shall extend below the 
water surface.
    (3) A means shall be provided to assist an injured diver from the 
water or into a bell.
    (c) Communications. (1) An operational two-way voice communication 
system shall be used between:
    (i) Each surface-supplied air or mixed-gas diver and a dive team 
member at the dive location or bell (when provided or required); and
    (ii) The bell and the dive location.
    (2) An operational, two-way communication system shall be available 
at the dive location to obtain emergency assistance.
    (d) Decompression tables. Decompression, repetitive, and no-
decompression tables (as appropriate) shall be at the dive location.
    (e) Dive profiles. A depth-time profile, including when appropriate 
any breathing gas changes, shall be maintained for each diver during the 
dive including decompression.
    (f) Hand-held power tools and equipment. (1) Hand-held electrical 
tools and equipment shall be de-energized before being placed into or 
retrieved from the water.
    (2) Hand-held power tools shall not be supplied with power from the 
dive location until requested by the diver.
    (g) Welding and burning. (1) A current supply switch to interrupt 
the current flow to the welding or burning electrode shall be:
    (i) Tended by a dive team member in voice communication with the 
diver performing the welding or burning; and
    (ii) Kept in the open position except when the diver is welding or 
burning.
    (2) The welding machine frame shall be grounded.
    (3) Welding and burning cables, electrode holders, and connections 
shall be capable of carrying the maximum current required by the work, 
and shall be properly insulated.
    (4) Insulated gloves shall be provided to divers performing welding 
and burning operations.
    (5) Prior to welding or burning on closed compartments, structures 
or pipes, which contain a flammable vapor or in which a flammable vapor 
may be generated by the work, they

[[Page 929]]

shall be vented, flooded, or purged with a mixture of gases which will 
not support combustion.
    (h) Explosives. (1) Employers shall transport, store, and use 
explosives in accordance with this section and the applicable provisions 
of Sec. Sec.  1910.109 and 1926.912 of Title 29 of the Code of Federal 
Regulations.
    (2) Electrical continuity of explosive circuits shall not be tested 
until the diver is out of the water.
    (3) Explosives shall not be detonated while the diver is in the 
water.
    (i) Termination of dive. The working interval of a dive shall be 
terminated when:
    (1) A diver requests termination;
    (2) A diver fails to respond correctly to communications or signals 
from a dive team member;
    (3) Communications are lost and can not be quickly re-established 
between the diver and a dive team member at the dive location, and 
between the designated person-in-charge and the person controlling the 
vessel in liveboating operations; or
    (4) A diver begins to use diver-carried reserve breathing gas or the 
dive-location reserve breathing gas.



Sec.  1910.423  Post-dive procedures.

    (a) General. The employer shall comply with the following 
requirements which are applicable after each diving operation, unless 
otherwise specified.
    (b) Precautions. (1) After the completion of any dive, the employer 
shall:
    (i) Check the physical condition of the diver;
    (ii) Instruct the diver to report any physical problems or adverse 
physiological effects including symptoms of decompression sickness;
    (iii) Advise the diver of the location of a decompression chamber 
which is ready for use; and
    (iv) Alert the diver to the potential hazards of flying after 
diving.
    (2) For any dive outside the no-decompression limits, deeper than 
100 fsw or using mixed gas as a breathing mixture, the employer shall 
instruct the diver to remain awake and in the vicinity of the 
decompression chamber which is at the dive location for at least one 
hour after the dive (including decompression or treatment as 
appropriate).
    (c) Recompression capability. (1) A decompression chamber capable of 
recompressing the diver at the surface to a minimum of 165 fsw (6 ATA) 
shall be available at the dive location for:
    (i) Surface-supplied air diving to depths deeper than 100 fsw and 
shallower than 220 fsw;
    (ii) Mixed gas diving shallower than 300 fsw; or
    (iii) Diving outside the no-decompression limits shallower than 300 
fsw.
    (2) A decompression chamber capable of recompressing the diver at 
the surface to the maximum depth of the dive shall be available at the 
dive location for dives deeper than 300 fsw.
    (3) The decompression chamber shall be:
    (i) Dual-lock;
    (ii) Multiplace; and
    (iii) Located within 5 minutes of the dive location.
    (4) The decompression chamber shall be equipped with:
    (i) A pressure gauge for each pressurized compartment designed for 
human occupancy;
    (ii) A built-in-breathing-system with a minimum of one mask per 
occupant;
    (iii) A two-way voice communication system between occupants and a 
dive team member at the dive location;
    (iv) A viewport; and
    (v) Illumination capability to light the interior.
    (5) Treatment tables, treatment gas appropriate to the diving mode, 
and sufficient gas to conduct treatment shall be available at the dive 
location.
    (6) A dive team member shall be available at the dive location 
during and for at least one hour after the dive to operate the 
decompression chamber (when required or provided).
    (d) Record of dive. (1) The following information shall be recorded 
and maintained for each diving operation:
    (i) Names of dive team members including designated person-in-
charge;
    (ii) Date, time, and location;
    (iii) Diving modes used;
    (iv) General nature of work performed;
    (v) Approximate underwater and surface conditions (visibility, water 
temperature and current); and

[[Page 930]]

    (vi) Maximum depth and bottom time for each diver.
    (2) For each dive outside the no-decompression limits, deeper than 
100 fsw or using mixed gas, the following additional information shall 
be recorded and maintained:
    (i) Depth-time and breathing gas profiles;
    (ii) Decompression table designation (including modification); and
    (iii) Elapsed time since last pressure exposure if less than 24 
hours or repetitive dive designation for each diver.
    (3) For each dive in which decompression sickness is suspected or 
symptoms are evident, the following additional information shall be 
recorded and maintained:
    (i) Description of decompression sickness symptoms (including depth 
and time of onset); and
    (ii) Description and results of treatment.
    (e) Decompression procedure assessment. The employer shall:
    (1) Investigate and evaluate each incident of decompression sickness 
based on the recorded information, consideration of the past performance 
of decompression table used, and individual susceptibility;
    (2) Take appropriate corrective action to reduce the probability of 
recurrence of decompression sickness; and
    (3) Prepare a written evaluation of the decompression procedure 
assessment, including any corrective action taken, within 45 days of the 
incident of decompression sickness.

[42 FR 37668, July 22, 1977, as amended at 49 FR 18295, Apr. 30, 1984]

                     Specific Operations Procedures



Sec.  1910.424  SCUBA diving.

    (a) General. Employers engaged in SCUBA diving shall comply with the 
following requirements, unless otherwise specified.
    (b) Limits. SCUBA diving shall not be conducted:
    (1) At depths deeper than 130 fsw;
    (2) At depths deeper than 100 fsw or outside the no-decompression 
limits unless a decompression chamber is ready for use;
    (3) Against currents exceeding one (1) knot unless line-tended; or
    (4) In enclosed or physically confining spaces unless line-tended.
    (c) Procedures. (1) A standby diver shall be available while a diver 
is in the water.
    (2) A diver shall be line-tended from the surface, or accompanied by 
another diver in the water in continuous visual contact during the 
diving operations.
    (3) A diver shall be stationed at the underwater point of entry when 
diving is conducted in enclosed or physically confining spaces.
    (4) A diver-carried reserve breathing gas supply shall be provided 
for each diver consisting of:
    (i) A manual reserve (J valve); or
    (ii) An independent reserve cylinder with a separate regulator or 
connected to the underwater breathing apparatus.
    (5) The valve of the reserve breathing gas supply shall be in the 
closed position prior to the dive.



Sec.  1910.425  Surface-supplied air diving.

    (a) General. Employers engaged in surface-supplied air diving shall 
comply with the following requirements, unless otherwise specified.
    (b) Limits. (1) Surface-supplied air diving shall not be conducted 
at depths deeper than 190 fsw, except that dives with bottom times of 30 
minutes or less may be conducted to depths of 220 fsw.
    (2) A decompression chamber shall be ready for use at the dive 
location for any dive outside the no-decompression limits or deeper than 
100 fsw.
    (3) A bell shall be used for dives with an inwater decompression 
time greater than 120 minutes, except when heavy gear is worn or diving 
is conducted in physically confining spaces.
    (c) Procedures. (1) Each diver shall be continuously tended while in 
the water.
    (2) A diver shall be stationed at the underwater point of entry when 
diving is conducted in enclosed or physically confining spaces.
    (3) Each diving operation shall have a primary breathing gas supply 
sufficient to support divers for the duration of the planned dive 
including decompression.
    (4) For dives deeper than 100 fsw or outside the no-decompression 
limits:
    (i) A separate dive team member shall tend each diver in the water;

[[Page 931]]

    (ii) A standby diver shall be available while a diver is in the 
water;
    (iii) A diver-carried reserve breathing gas supply shall be provided 
for each diver except when heavy gear is worn; and
    (iv) A dive-location reserve breathing gas supply shall be provided.
    (5) For heavy-gear diving deeper than 100 fsw or outside the no-
decompression limits:
    (i) An extra breathing gas hose capable of supplying breathing gas 
to the diver in the water shall be available to the standby diver.
    (ii) An inwater stage shall be provided to divers in the water.
    (6) Except when heavy gear is worn or where physical space does not 
permit, a diver-carried reserve breathing gas supply shall be provided 
whenever the diver is prevented by the configuration of the dive area 
from ascending directly to the surface.



Sec.  1910.426  Mixed-gas diving.

    (a) General. Employers engaged in mixed-gas diving shall comply with 
the following requirements, unless otherwise specified.
    (b) Limits. Mixed-gas diving shall be conducted only when:
    (1) A decompression chamber is ready for use at the dive location; 
and
    (i) A bell is used at depths greater than 220 fsw or when the dive 
involves inwater decompression time of greater than 120 minutes, except 
when heavy gear is worn or when diving in physically confining spaces; 
or
    (ii) A closed bell is used at depths greater than 300 fsw, except 
when diving is conducted in physically confining spaces.
    (c) Procedures. (1) A separate dive team member shall tend each 
diver in the water.
    (2) A standby diver shall be available while a diver is in the 
water.
    (3) A diver shall be stationed at the underwater point of entry when 
diving is conducted in enclosed or physically confining spaces.
    (4) Each diving operation shall have a primary breathing gas supply 
sufficient to support divers for the duration of the planned dive 
including decompression.
    (5) Each diving operation shall have a dive-location reserve 
breathing gas supply.
    (6) When heavy gear is worn:
    (i) An extra breathing gas hose capable of supplying breathing gas 
to the diver in the water shall be available to the standby diver; and
    (ii) An inwater stage shall be provided to divers in the water.
    (7) An inwater stage shall be provided for divers without access to 
a bell for dives deeper than 100 fsw or outside the no-decompression 
limits.
    (8) When a closed bell is used, one dive team member in the bell 
shall be available and tend the diver in the water.
    (9) Except when heavy gear is worn or where physical space does not 
permit, a diver-carried reserve breathing gas supply shall be provided 
for each diver:
    (i) Diving deeper than 100 fsw or outside the no-decompression 
limits; or
    (ii) Prevented by the configuration of the dive area from directly 
ascending to the surface.



Sec.  1910.427  Liveboating.

    (a) General. Employers engaged in diving operations involving 
liveboating shall comply with the following requirements.
    (b) Limits. Diving operations involving liveboating shall not be 
conducted:
    (1) With an inwater decompression time of greater than 120 minutes;
    (2) Using surface-supplied air at depths deeper than 190 fsw, except 
that dives with bottom times of 30 minutes or less may be conducted to 
depths of 220 fsw;
    (3) Using mixed gas at depths greater than 220 fsw;
    (4) In rough seas which significantly inpede diver mobility or work 
function; or
    (5) In other than daylight hours.
    (c) Procedures. (1) The propeller of the vessel shall be stopped 
before the diver enters or exits the water.
    (2) A device shall be used which minimizes the possibility of 
entanglement of the diver's hose in the propeller of the vessel.
    (3) Two-way voice communication between the designated person-in-
charge and the person controlling the vessel

[[Page 932]]

shall be available while the diver is in the water.
    (4) A standby diver shall be available while a diver is in the 
water.
    (5) A diver-carried reserve breathing gas supply shall be carried by 
each diver engaged in liveboating operations.

                  Equipment Procedures and Requirements



Sec.  1910.430  Equipment.

    (a) General. (1) All employers shall comply with the following 
requirements, unless otherwise specified.
    (2) Each equipment modification, repair, test, calibration or 
maintenance service shall be recorded by means of a tagging or logging 
system, and include the date and nature of work performed, and the name 
or initials of the person performing the work.
    (b) Air compressor system. (1) Compressors used to supply air to the 
diver shall be equipped with a volume tank with a check valve on the 
inlet side, a pressure gauge, a relief valve, and a drain valve.
    (2) Air compressor intakes shall be located away from areas 
containing exhaust or other contaminants.
    (3) Respirable air supplied to a diver shall not contain:
    (i) A level of carbon monoxide (CO) greater than 20 p/m;
    (ii) A level of carbon dioxide (CO2) greater than 1,000 
p/m;
    (iii) A level of oil mist greater than 5 milligrams per cubic meter; 
or
    (iv) A noxious or pronounced odor.
    (4) The output of air compressor systems shall be tested for air 
purity every 6 months by means of samples taken at the connection to the 
distribution system, except that non-oil lubricated compressors need not 
be tested for oil mist.
    (c) Breathing gas supply hoses. (1) Breathing gas supply hoses 
shall:
    (i) Have a working pressure at least equal to the working pressure 
of the total breathing gas system;
    (ii) Have a rated bursting pressure at least equal to 4 times the 
working pressure;
    (iii) Be tested at least annually to 1.5 times their working 
pressure; and
    (iv) Have their open ends taped, capped or plugged when not in use.
    (2) Breathing gas supply hose connectors shall:
    (i) Be made of corrosion-resistant materials;
    (ii) Have a working pressure at least equal to the working pressure 
of the hose to which they are attached; and
    (iii) Be resistant to accidental disengagement.
    (3) Umbilicals shall:
    (i) Be marked in 10-ft. increments to 100 feet beginning at the 
diver's end, and in 50 ft. increments thereafter;
    (ii) Be made of kink-resistant materials; and
    (iii) Have a working pressure greater than the pressure equivalent 
to the maximum depth of the dive (relative to the supply source) plus 
100 psi.
    (d) Buoyancy control. (1) Helmets or masks connected directly to the 
dry suit or other buoyancy-changing equipment shall be equipped with an 
exhaust valve.
    (2) A dry suit or other buoyancy-changing equipment not directly 
connected to the helmet or mask shall be equipped with an exhaust valve.
    (3) When used for SCUBA diving, a buoyancy compensator shall have an 
inflation source separate from the breathing gas supply.
    (4) An inflatable flotation device capable of maintaining the diver 
at the surface in a face-up position, having a manually activated 
inflation source independent of the breathing supply, an oral inflation 
device, and an exhaust valve shall be used for SCUBA diving.
    (e) Compressed gas cylinders. Compressed gas cylinders shall:
    (1) Be designed, constructed and maintained in accordance with the 
applicable provisions of 29 CFR 1910.101 and 1910.169 through 1910.171.
    (2) Be stored in a ventilated area and protected from excessive 
heat;
    (3) Be secured from falling; and
    (4) Have shut-off valves recessed into the cylinder or protected by 
a cap, except when in use or manifolded, or when used for SCUBA diving.
    (f) Decompression chambers. (1) Each decompression chamber 
manufactured after the effective date of this standard, shall be built 
and maintained in

[[Page 933]]

accordance with the ASME Code or equivalent.
    (2) Each decompression chamber manufactured prior to the effective 
date of this standard shall be maintained in conformity with the code 
requirements to which it was built, or equivalent.
    (3) Each decompression chamber shall be equipped with:
    (i) Means to maintain the atmosphere below a level of 25 percent 
oxygen by volume;
    (ii) Mufflers on intake and exhaust lines, which shall be regularly 
inspected and maintained;
    (iii) Suction guards on exhaust line openings; and
    (iv) A means for extinguishing fire, and shall be maintained to 
minimize sources of ignition and combustible material.
    (g) Gauges and timekeeping devices. (1) Gauges indicating diver 
depth which can be read at the dive location shall be used for all dives 
except SCUBA.
    (2) Each depth gauge shall be deadweight tested or calibrated 
against a master reference gauge every 6 months, and when there is a 
discrepancy greater than two percent (2 percent) of full scale between 
any two equivalent gauges.
    (3) A cylinder pressure gauge capable of being monitored by the 
diver during the dive shall be worn by each SCUBA diver.
    (4) A timekeeping device shall be available at each dive location.
    (h) Masks and helmets. (1) Surface-supplied air and mixed-gas masks 
and helmets shall have:
    (i) A non-return valve at the attachment point between helmet or 
mask and hose which shall close readily and positively; and
    (ii) An exhaust valve.
    (2) Surface-supplied air masks and helmets shall have a minimum 
ventilation rate capability of 4.5 acfm at any depth at which they are 
operated or the capability of maintaining the diver's inspired carbon 
dioxide partial pressure below 0.02 ATA when the diver is producing 
carbon dioxide at the rate of 1.6 standard liters per minute.
    (i) Oxygen safety. (1) Equipment used with oxygen or mixtures 
containing over forty percent (40%) by volume oxygen shall be designed 
for oxygen service.
    (2) Components (except umbilicals) exposed to oxygen or mixtures 
containing over forty percent (40%) by volume oxygen shall be cleaned of 
flammable materials before use.
    (3) Oxygen systems over 125 psig and compressed air systems over 500 
psig shall have slow-opening shut-off valves.
    (j) Weights and harnesses. (1) Except when heavy gear is worn, 
divers shall be equipped with a weight belt or assembly capable of quick 
release.
    (2) Except when heavy gear is worn or in SCUBA diving, each diver 
shall wear a safety harness with:
    (i) A positive buckling device;
    (ii) An attachment point for the umbilical to prevent strain on the 
mask or helmet; and
    (iii) A lifting point to distribute the pull force of the line over 
the diver's body.

[39 FR 23502, June 27, 1974, as amended at 49 FR 18295, Apr. 30, 1984; 
51 FR 33033, Sept. 18, 1986]

                              Recordkeeping



Sec.  1910.440  Recordkeeping requirements.

    (a)(1) [Reserved]
    (2) The employer shall record the occurrence of any diving-related 
injury or illness which requires any dive team member to be hospitalized 
for 24 hours or more, specifying the circumstances of the incident and 
the extent of any injuries or illnesses.
    (b) Availability of records. (1) Upon the request of the Assistant 
Secretary of Labor for Occupational Safety and Health, or the Director, 
National Institute for Occupational Safety and Health, Department of 
Health and Human Services of their designees, the employer shall make 
available for inspection and copying any record or document required by 
this standard.
    (2) Records and documents required by this standard shall be 
provided upon request to employees, designated representatives, and the 
Assistant Secretary in accordance with 29 CFR 1910.1020 (a)-(e) and (g)-
(i). Safe practices manuals (Sec.  1910.420), depth-time profiles (Sec.  
1910.422), recordings of dives

[[Page 934]]

(Sec.  1910.423), decompression procedure assessment evaluations (Sec.  
1910.423), and records of hospitalizations (Sec.  1910.440) shall be 
provided in the same manner as employee exposure records or analyses 
using exposure or medical records. Equipment inspections and testing 
records which pertain to employees (Sec.  1910.430) shall also be 
provided upon request to employees and their designated representatives.
    (3) Records and documents required by this standard shall be 
retained by the employer for the following period:
    (i) [Reserved]
    (ii) Safe practices manual (Sec.  1910.420)--current document only;
    (iii) Depth-time profile (Sec.  1910.422)--until completion of the 
recording of dive, or until completion of decompression procedure 
assessment where there has been an incident of decompression sickness;
    (iv) Recording of dive (Sec.  1910.423)--1 year, except 5 years 
where there has been an incident of decompression sickness;
    (v) Decompression procedure assessment evaluations (Sec.  
1910.423)--5 years;
    (vi) Equipment inspections and testing records (Sec.  1910.430)--
current entry or tag, or until equipment is withdrawn from service;
    (vii) Records of hospitalizations (Sec.  1910.440)--5 years.
    (4) The employer shall comply with any additional requirements set 
forth at 29 CFR 1910.1020,
    (5) [Reserved]

[42 FR 37668, July 22, 1977, as amended at 45 FR 35281, May 23, 1980; 47 
FR 14706, Apr. 6, 1982; 51 FR 34562, Sept. 29, 1986; 61 FR 9242, Mar. 7, 
1996; 71 FR 16672, Apr. 3, 2006; 76 FR 33607, June 8, 2011; 76 FR 80740, 
Dec. 27, 2011]



Sec. Appendix A to Subpart T of Part 1910--Examples of Conditions Which 
         May Restrict or Limit Exposure to Hyperbaric Conditions

    The following disorders may restrict or limit occupational exposure 
to hyperbaric conditions depending on severity, presence of residual 
effects, response to therapy, number of occurrences, diving mode, or 
degree and duration of isolation.
    History of seizure disorder other than early febrile convulsions.
    Malignancies (active) unless treated and without recurrence for 5 
yrs.
    Chronic inability to equalize sinus and/or middle ear pressure.
    Cystic or cavitary disease of the lungs.
    Impaired organ function caused by alcohol or drug use.
    Conditions requiring continuous medication for control (e.g., 
antihistamines, steroids, barbiturates, moodaltering drugs, or insulin).
    Meniere's disease.
    Hemoglobinopathies.
    Obstructive or restrictive lung disease.
    Vestibular end organ destruction.
    Pneumothorax.
    Cardiac abnormalities (e.g., pathological heart block, valvular 
disease, intraventricular conduction defects other than isolated right 
bundle branch block, angina pectoris, arrhythmia, coronary artery 
disease).
    Juxta-articular osteonecrosis.



  Sec. Appendix B to Subpart T of Part 1910--Guidelines for Scientific 
                                 Diving

    This appendix contains guidelines that will be used in conjunction 
with Sec.  1910.401(a)(2)(iv) to determine those scientific diving 
programs which are exempt from the requirements for commercial diving. 
The guidelines are as follows:
    1. The Diving Control Board consists of a majority of active 
scientific divers and has autonomous and absolute authority over the 
scientific diving program's operations.
    2. The purpose of the project using scientific diving is the 
advancement of science; therefore, information and data resulting from 
the project are non-proprietary.
    3. The tasks of a scientific diver are those of an observer and data 
gatherer. Construction and trouble-shooting tasks traditionally 
associated with commercial diving are not included within scientific 
diving.
    4. Scientific divers, based on the nature of their activities, must 
use scientific expertise in studying the underwater environment and, 
therefore, are scientists or scientists in training.

[50 FR 1050, Jan. 9, 1985]



Sec. Appendix C to Subpart T of Part 1910--Alternative Conditions Under 
  Sec.  1910.401(a)(3) for Recreational Diving Instructors and Diving 
                           Guides (Mandatory)

    Paragraph (a)(3) of Sec.  1910.401 specifies that an employer of 
recreational diving instructors and diving guides (hereafter, ``divers'' 
or ``employees'') who complies with all of the conditions of this 
appendix need not provide a decompression chamber for these divers as 
required under Sec. Sec.  1910.423(b)(2) or (c)(3) or 1910.426(b)(1).

[[Page 935]]

                1. Equipment Requirements for Rebreathers

    (a) The employer must ensure that each employee operates the 
rebreather (i.e., semi-closed-circuit and closed-circuit self-contained 
underwater breathing apparatuses (hereafter, ``SCUBAs'')) according to 
the rebreather manufacturer's instructions.
    (b) The employer must ensure that each rebreather has a counterlung 
that supplies a sufficient volume of breathing gas to their divers to 
sustain the divers' respiration rates, and contains a baffle system and/
or other moisture separating system that keeps moisture from entering 
the scrubber.
    (c) The employer must place a moisture trap in the breathing loop of 
the rebreather, and ensure that:
    (i) The rebreather manufacturer approves both the moisture trap and 
its location in the breathing loop; and
    (ii) Each employee uses the moisture trap according to the 
rebreather manufacturer's instructions.
    (d) The employer must ensure that each rebreather has a continuously 
functioning moisture sensor, and that:
    (i) The moisture sensor connects to a visual (e.g., digital, 
graphic, analog) or auditory (e.g., voice, pure tone) alarm that is 
readily detectable by the diver under the diving conditions in which the 
diver operates, and warns the diver of moisture in the breathing loop in 
sufficient time to terminate the dive and return safely to the surface; 
and
    (ii) Each diver uses the moisture sensor according to the rebreather 
manufacturer's instructions.
    (e) The employer must ensure that each rebreather contains a 
continuously functioning CO2 sensor in the breathing loop, 
and that:
    (i) The rebreather manufacturer approves the location of the 
CO2 sensor in the breathing loop;
    (ii) The CO2 sensor is integrated with an alarm that 
operates in a visual (e.g., digital, graphic, analog) or auditory (e.g., 
voice, pure tone) mode that is readily detectable by each diver under 
the diving conditions in which the diver operates; and
    (iii) The CO2 alarm remains continuously activated when 
the inhaled CO2 level reaches and exceeds 0.005 atmospheres 
absolute (ATA).
    (f) Before each day's diving operations, and more often when 
necessary, the employer must calibrate the CO2 sensor 
according to the sensor manufacturer's instructions, and ensure that:
    (i) The equipment and procedures used to perform this calibration 
are accurate to within 10% of a CO2 concentration of 0.005 
ATA or less;
    (ii) The equipment and procedures maintain this accuracy as required 
by the sensor manufacturer's instructions; and
    (iii) The calibration of the CO2 sensor is accurate to 
within 10% of a CO2 concentration of 0.005 ATA or less.
    (g) The employer must replace the CO2 sensor when it 
fails to meet the accuracy requirements specified in paragraph 1(f)(iii) 
of this appendix, and ensure that the replacement CO2 sensor 
meets the accuracy requirements specified in paragraph 1(f)(iii) of this 
appendix before placing the rebreather in operation.
    (h) As an alternative to using a continuously functioning 
CO2 sensor, the employer may use a schedule for replacing 
CO2-sorbent material provided by the rebreather manufacturer. 
The employer may use such a schedule only when the rebreather 
manufacturer has developed it according to the canister-testing protocol 
specified below in Condition 11, and must use the canister within the 
temperature range for which the manufacturer conducted its scrubber 
canister tests following that protocol. Variations above or below the 
range are acceptable only after the manufacturer adds that lower or 
higher temperature to the protocol.
    (i) When using CO2-sorbent replacement schedules, the 
employer must ensure that each rebreather uses a manufactured (i.e., 
commercially pre-packed), disposable scrubber cartridge containing a 
CO2-sorbent material that:
    (i) Is approved by the rebreather manufacturer;
    (ii) Removes CO2 from the diver's exhaled gas; and
    (iii) Maintains the CO2 level in the breathable gas 
(i.e., the gas that a diver inhales directly from the regulator) below a 
partial pressure of 0.01 ATA.
    (j) As an alternative to manufactured, disposable scrubber 
cartridges, the employer may fill CO2 scrubber cartridges 
manually with CO2-sorbent material when:
    (i) The rebreather manufacturer permits manual filling of scrubber 
cartridges;
    (ii) The employer fills the scrubber cartridges according to the 
rebreather manufacturer's instructions;
    (iii) The employer replaces the CO2-sorbent material 
using a replacement schedule developed under paragraph 1(h) of this 
appendix; and
    (iv) The employer demonstrates that manual filling meets the 
requirements specified in paragraph 1(i) of this appendix.
    (k) The employer must ensure that each rebreather has an information 
module that provides:
    (i) A visual (e.g., digital, graphic, analog) or auditory (e.g., 
voice, pure tone) display that effectively warns the diver of solenoid 
failure (when the rebreather uses solenoids)

[[Page 936]]

and other electrical weaknesses or failures (e.g., low battery voltage);
    (ii) For a semi-closed circuit rebreather, a visual display for the 
partial pressure of CO2, or deviations above and below a 
preset CO2 partial pressure of 0.005 ATA; and
    (iii) For a closed-circuit rebreather, a visual display for: partial 
pressures of O2 and CO2, or deviations above and 
below a preset CO2 partial pressure of 0.005 ATA and a preset 
O2 partial pressure of 1.40 ATA or lower; gas temperature in 
the breathing loop; and water temperature.
    (l) Before each day's diving operations, and more often when 
necessary, the employer must ensure that the electrical power supply and 
electrical and electronic circuits in each rebreather are operating as 
required by the rebreather manufacturer's instructions.

         2. Special Requirements for Closed-Circuit Rebreathers

    (a) The employer must ensure that each closed-circuit rebreather 
uses supply-pressure sensors for the O2 and diluent (i.e., 
air or nitrogen) gases and continuously functioning sensors for 
detecting temperature in the inhalation side of the gas-loop and the 
ambient water.
    (b) The employer must ensure that:
    (i) At least two O2 sensors are located in the inhalation 
side of the breathing loop; and
    (ii) The O2 sensors are: functioning continuously; 
temperature compensated; and approved by the rebreather manufacturer.
    (c) Before each day's diving operations, and more often when 
necessary, the employer must calibrate O2 sensors as required 
by the sensor manufacturer's instructions. In doing so, the employer 
must:
    (i) Ensure that the equipment and procedures used to perform the 
calibration are accurate to within 1% of the O2 fraction by 
volume;
    (ii) Maintain this accuracy as required by the manufacturer of the 
calibration equipment;
    (iii) Ensure that the sensors are accurate to within 1% of the 
O2 fraction by volume;
    (iv) Replace O2 sensors when they fail to meet the 
accuracy requirements specified in paragraph 2(c)(iii) of this appendix; 
and
    (v) Ensure that the replacement O2 sensors meet the 
accuracy requirements specified in paragraph 2(c)(iii) of this appendix 
before placing a rebreather in operation.
    (d) The employer must ensure that each closed-circuit rebreather 
has:
    (i) A gas-controller package with electrically operated solenoid 
O2-supply valves;
    (ii) A pressure-activated regulator with a second-stage diluent-gas 
addition valve;
    (iii) A manually operated gas-supply bypass valve to add 
O2 or diluent gas to the breathing loop; and
    (iv) Separate O2 and diluent-gas cylinders to supply the 
breathing-gas mixture.

           3. O2 Concentration in the Breathing Gas

    The employer must ensure that the fraction of O2 in the 
nitrox breathing-gas mixture:
    (a) Is greater than the fraction of O2 in compressed air 
(i.e., exceeds 22% by volume);
    (b) For open-circuit SCUBA, never exceeds a maximum fraction of 
breathable O2 of 40% by volume or a maximum O2 
partial pressure of 1.40 ATA, whichever exposes divers to less 
O2; and
    (c) For a rebreather, never exceeds a maximum O2 partial 
pressure of 1.40 ATA.

         4. Regulating O2 Exposures and Diving Depth

    (a) Regarding O2 exposure, the employer must:
    (i) Ensure that the exposure of each diver to partial pressures of 
O2 between 0.60 and 1.40 ATA does not exceed the 24-hour 
single-exposure time limits specified either by the 2001 National 
Oceanic and Atmospheric Administration Diving Manual (the ``2001 NOAA 
Diving Manual''), or by the report entitled ``Enriched Air Operations 
and Resource Guide'' published in 1995 by the Professional Association 
of Diving Instructors (known commonly as the ``1995 DSAT Oxygen Exposure 
Table''); and
    (ii) Determine a diver's O2-exposure duration using the 
diver's maximum O2 exposure (partial pressure of 
O2) during the dive and the total dive time (i.e., from the 
time the diver leaves the surface until the diver returns to the 
surface).
    (b) Regardless of the diving equipment used, the employer must 
ensure that no diver exceeds a depth of 130 feet of sea water (``fsw'') 
or a maximum O2 partial pressure of 1.40 ATA, whichever 
exposes the diver to less O2.

                    5. Use of No-Decompression Limits

    (a) For diving conducted while using nitrox breathing-gas mixtures, 
the employer must ensure that each diver remains within the no-
decompression limits specified for single and repetitive air diving and 
published in the 2001 NOAA Diving Manual or the report entitled 
``Development and Validation of No-Stop Decompression Procedures for 
Recreational Diving: The DSAT Recreational Dive Planner,'' published in 
1994 by Hamilton Research Ltd. (known commonly as the ``1994 DSAT No-
Decompression Tables'').
    (b) An employer may permit a diver to use a dive-decompression 
computer designed to regulate decompression when the dive-decompression 
computer uses the no-decompression limits specified in paragraph 5(a) of 
this appendix, and provides output that reliably represents those 
limits.

                6. Mixing and Analyzing the Breathing Gas

    (a) The employer must ensure that:

[[Page 937]]

    (i) Properly trained personnel mix nitrox-breathing gases, and that 
nitrogen is the only inert gas used in the breathing-gas mixture; and
    (ii) When mixing nitrox-breathing gases, they mix the appropriate 
breathing gas before delivering the mixture to the breathing-gas 
cylinders, using the continuous-flow or partial-pressure mixing 
techniques specified in the 2001 NOAA Diving Manual, or using a filter-
membrane system.
    (b) Before the start of each day's diving operations, the employer 
must determine the O2 fraction of the breathing-gas mixture 
using an O2 analyzer. In doing so, the employer must:
    (i) Ensure that the O2 analyzer is accurate to within 1% 
of the O2 fraction by volume.
    (ii) Maintain this accuracy as required by the manufacturer of the 
analyzer.
    (c) When the breathing gas is a commercially supplied nitrox 
breathing-gas mixture, the employer must ensure that the O2 
meets the medical USP specifications (Type I, Quality Verification Level 
A) or aviator's breathing-oxygen specifications (Type I, Quality 
Verification Level E) of CGA G-4.3-2000 (``Commodity Specification for 
Oxygen''). In addition, the commercial supplier must:
    (i) Determine the O2 fraction in the breathing-gas 
mixture using an analytic method that is accurate to within 1% of the 
O2 fraction by volume;
    (ii) Make this determination when the mixture is in the charged tank 
and after disconnecting the charged tank from the charging apparatus;
    (iii) Include documentation of the O2-analysis procedures 
and the O2 fraction when delivering the charged tanks to the 
employer.
    (d) Before producing nitrox breathing-gas mixtures using a 
compressor in which the gas pressure in any system component exceeds 125 
pounds per square inch (psi), the:
    (i) Compressor manufacturer must provide the employer with 
documentation that the compressor is suitable for mixing high-pressure 
air with the highest O2 fraction used in the nitrox 
breathing-gas mixture when operated according to the manufacturer's 
operating and maintenance specifications;
    (ii) Employer must comply with paragraph 6(e) of this appendix, 
unless the compressor is rated for O2 service and is oil-less 
or oil-free; and
    (iii) Employer must ensure that the compressor meets the 
requirements specified in paragraphs (i)(1) and (i)(2) of Sec.  1910.430 
whenever the highest O2 fraction used in the mixing process 
exceeds 40%.
    (e) Before producing nitrox breathing-gas mixtures using an oil-
lubricated compressor to mix high-pressure air with O2, and 
regardless of the gas pressure in any system component, the:
    (i) Employer must use only uncontaminated air (i.e., air containing 
no hydrocarbon particulates) for the nitrox breathing-gas mixture;
    (ii) Compressor manufacturer must provide the employer with 
documentation that the compressor is suitable for mixing the high-
pressure air with the highest O2 fraction used in the nitrox 
breathing-gas mixture when operated according to the manufacturer's 
operating and maintenance specifications;
    (iii) Employer must filter the high-pressure air to produce 
O2-compatible air;
    (iv) The filter-system manufacturer must provide the employer with 
documentation that the filter system used for this purpose is suitable 
for producing O2-compatible air when operated according to 
the manufacturer's operating and maintenance specifications; and
    (v) Employer must continuously monitor the air downstream from the 
filter for hydrocarbon contamination.
    (f) The employer must ensure that diving equipment using nitrox 
breathing-gas mixtures or pure O2 under high pressure (i.e., 
exceeding 125 psi) conforms to the O2-service requirements 
specified in paragraphs (i)(1) and (i)(2) of Sec.  1910.430.

                           7. Emergency Egress

    (a) Regardless of the type of diving equipment used by a diver 
(i.e., open-circuit SCUBA or rebreathers), the employer must ensure that 
the equipment contains (or incorporates) an open-circuit emergency-
egress system (a ``bail-out'' system) in which the second stage of the 
regulator connects to a separate supply of emergency breathing gas, and 
the emergency breathing gas consists of air or the same nitrox 
breathing-gas mixture used during the dive.
    (b) As an alternative to the ``bail-out'' system specified in 
paragraph 7(a) of this appendix, the employer may use:
    (i) For open-circuit SCUBA, an emergency-egress system as specified 
in Sec.  1910.424(c)(4); or
    (ii) For a semi-closed-circuit and closed-circuit rebreather, a 
system configured so that the second stage of the regulator connects to 
a reserve supply of emergency breathing gas.
    (c) The employer must obtain from the rebreather manufacturer 
sufficient information to ensure that the bail-out system performs 
reliably and has sufficient capacity to enable the diver to terminate 
the dive and return safely to the surface.

             8. Treating Diving-Related Medical Emergencies

    (a) Before each day's diving operations, the employer must:

[[Page 938]]

    (i) Verify that a hospital, qualified health-care professionals, and 
the nearest Coast Guard Coordination Center (or an equivalent rescue 
service operated by a state, county, or municipal agency) are available 
to treat diving-related medical emergencies;
    (ii) Ensure that each dive site has a means to alert these treatment 
resources in a timely manner when a diving-related medical emergency 
occurs; and
    (iii) Ensure that transportation to a suitable decompression chamber 
is readily available when no decompression chamber is at the dive site, 
and that this transportation can deliver the injured diver to the 
decompression chamber within four (4) hours travel time from the dive 
site.
    (b) The employer must ensure that portable O2 equipment 
is available at the dive site to treat injured divers. In doing so, the 
employer must ensure that:
    (i) The equipment delivers medical-grade O2 that meets 
the requirements for medical USP oxygen (Type I, Quality Verification 
Level A) of CGA G-4.3-2000 (``Commodity Specification for Oxygen'');
    (ii) The equipment delivers this O2 to a transparent mask 
that covers the injured diver's nose and mouth; and
    (iii) Sufficient O2 is available for administration to 
the injured diver from the time the employer recognizes the symptoms of 
a diving-related medical emergency until the injured diver reaches a 
decompression chamber for treatment.
    (c) Before each day's diving operations, the employer must:
    (i) Ensure that at least two attendants, either employees or non-
employees, qualified in first-aid and administering O2 
treatment, are available at the dive site to treat diving-related 
medical emergencies; and
    (ii) Verify their qualifications for this task.

               9. Diving Logs and No-Decompression Tables

    (a) Before starting each day's diving operations, the employer must:
    (i) Designate an employee or a non-employee to make entries in a 
diving log; and
    (ii) Verify that this designee understands the diving and medical 
terminology, and proper procedures, for making correct entries in the 
diving log.
    (b) The employer must:
    (i) Ensure that the diving log conforms to the requirements 
specified by paragraph (d) (``Record of dive'') of Sec.  1910.423; and
    (ii) Maintain a record of the dive according to Sec.  1910.440 
(``Recordkeeping requirements'').
    (c) The employer must ensure that a hard-copy of the no-
decompression tables used for the dives (as specified in paragraph 6(a) 
of this appendix) is readily available at the dive site, whether or not 
the divers use dive-decompression computers.

                           10. Diver Training

    The employer must ensure that each diver receives training that 
enables the diver to perform work safely and effectively while using 
open-circuit SCUBAs or rebreathers supplied with nitrox breathing-gas 
mixtures. Accordingly, each diver must be able to demonstrate the 
ability to perform critical tasks safely and effectively, including, but 
not limited to: recognizing the effects of breathing excessive 
CO2 and O2; taking appropriate action after 
detecting excessive levels of CO2 and O2; and 
properly evaluating, operating, and maintaining their diving equipment 
under the diving conditions they encounter.

   11. Testing Protocol for Determining the CO2 Limits of 
                          Rebreather Canisters

    (a) The employer must ensure that the rebreather manufacturer has 
used the following procedures for determining that the CO2-
sorbent material meets the specifications of the sorbent material's 
manufacturer:
    (i) The North Atlantic Treating Organization CO2 
absorbent-activity test;
    (ii) The RoTap shaker and nested-sieves test;
    (iii) The Navy Experimental Diving Unit (``NEDU'')-derived Schlegel 
test; and
    (iv) The NEDU MeshFit software.
    (b) The employer must ensure that the rebreather manufacturer has 
applied the following canister-testing materials, methods, procedures, 
and statistical analyses:
    (i) Use of a nitrox breathing-gas mixture that has an O2 
fraction maintained at 0.28 (equivalent to 1.4 ATA of O2 at 
130 fsw, the maximum O2 concentration permitted at this 
depth);
    (ii) While operating the rebreather at a maximum depth of 130 fsw, 
use of a breathing machine to continuously ventilate the rebreather with 
breathing gas that is at 100% humidity and warmed to a temperature of 
98.6 degrees F (37 degrees C) in the heating-humidification chamber;
    (iii) Measurement of the O2 concentration of the 
inhalation breathing gas delivered to the mouthpiece;
    (iv) Testing of the canisters using the three ventilation rates 
listed in Table I below (with the required breathing-machine tidal 
volumes and frequencies, and CO2-injection rates, provided 
for each ventilation rate):

[[Page 939]]



                                      Table I--Canister Testing Parameters
----------------------------------------------------------------------------------------------------------------
                                                                        Breathing machine
       Ventilation rates (Lpm, ATPS \1\)          Breathing machine   frequencies (breaths   CO2 injection rates
                                                  tidal volumes (L)         per min.)          (Lpm, STPD \2\)
----------------------------------------------------------------------------------------------------------------
22.5..........................................                   1.5                    15                  0.90
40.0..........................................                   2.0                    20                  1.35
62.5..........................................                   2.5                    25                 2.25
----------------------------------------------------------------------------------------------------------------
\1\ ATPS means ambient temperature and pressure, saturated with water.
\2\ STPD means standard temperature and pressure, dry; the standard temperature is 32 degrees F (0 degrees C).

    (v) When using a work rate (i.e., breathing-machine tidal volume and 
frequency) other than the work rates listed in the table above, addition 
of the appropriate combinations of ventilation rates and CO2-
injection rates;
    (vi) Performance of the CO2 injection at a constant 
(steady) and continuous rate during each testing trial;
    (vii) Determination of canister duration using a minimum of four (4) 
water temperatures, including 40, 50, 70, and 90 degrees F (4.4, 10.0, 
21.1, and 32.2 degrees C, respectively);
    (viii) Monitoring of the breathing-gas temperature at the rebreather 
mouthpiece (at the ``chrome T'' connector), and ensuring that this 
temperature conforms to the temperature of a diver's exhaled breath at 
the water temperature and ventilation rate used during the testing 
trial; \1\
---------------------------------------------------------------------------

    \1\ NEDU can provide the manufacturer with information on the 
temperature of a diver's exhaled breath at various water temperatures 
and ventilation rates, as well as techniques and procedures used to 
maintain these temperatures during the testing trials.
---------------------------------------------------------------------------

    (ix) Implementation of at least eight (8) testing trials for each 
combination of temperature and ventilation-CO2-injection 
rates (for example, eight testing trials at 40 degrees F using a 
ventilation rate of 22.5 Lpm at a CO2-injection rate of 0.90 
Lpm);
    (x) Allowing the water temperature to vary no more than 2.0 degrees F (1.0 degree C) 
between each of the eight testing trials, and no more than 1.0 degree F (0.5 degree C) within 
each testing trial;
    (xi) Use of the average temperature for each set of eight testing 
trials in the statistical analysis of the testing-trial results, with 
the testing-trial results being the time taken for the inhaled breathing 
gas to reach 0.005 ATA of CO2 (i.e., the canister-duration 
results);
    (xii) Analysis of the canister-duration results using the repeated-
measures statistics described in NEDU Report 2-99;
    (xiii) Specification of the replacement schedule for the 
CO2-sorbent materials in terms of the lower prediction line 
(or limit) of the 95% confidence interval; and
    (xiv) Derivation of replacement schedules only by interpolating 
among, but not by extrapolating beyond, the depth, water temperatures, 
and exercise levels used during canister testing.

[69 FR 7363, Feb. 17, 2004]



                           Subpart U_COVID	19

    Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor's Order 
No. 8-2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 553.

    Source: 86 FR 32620, June 21, 2021, unless otherwise noted.



Sec.  1910.501  [Reserved]



Sec.  1910.502  Healthcare.

    (a) Scope and application. (1) Except as otherwise provided in this 
paragraph, this section applies to all settings where any employee 
provides healthcare services or healthcare support services.
    (2) This section does not apply to the following:
    (i) The provision of first aid by an employee who is not a licensed 
healthcare provider;
    (ii) The dispensing of prescriptions by pharmacists in retail 
settings;
    (iii) Non-hospital ambulatory care settings where all non-employees 
are screened prior to entry and people with suspected or confirmed 
COVID-19 are not permitted to enter those settings;
    (iv) Well-defined hospital ambulatory care settings where all 
employees are fully vaccinated and all non-employees are screened prior 
to entry and people with suspected or confirmed COVID-19 are not 
permitted to enter those settings;
    (v) Home healthcare settings where all employees are fully 
vaccinated and all non-employees are screened prior to entry and people 
with suspected or confirmed COVID-19 are not present;
    (vi) Healthcare support services not performed in a healthcare 
setting (e.g.,

[[Page 940]]

off-site laundry, off-site medical billing); or
    (vii) Telehealth services performed outside of a setting where 
direct patient care occurs.

    Note to paragraph (a)(2): OSHA does not intend to preclude the 
employers of employees who are unable to be vaccinated from the scope 
exemption in paragraphs (a)(2)(iv) and (v) of this section. Under 
various anti-discrimination laws, workers who cannot be vaccinated 
because of medical conditions, such as allergies to vaccine ingredients, 
or certain religious beliefs may ask for a reasonable accommodation from 
their employer. Accordingly, where an employer reasonably accommodates 
an employee who is unable to be vaccinated in a manner that does not 
expose the employee to COVID-19 hazards (e.g., telework, working in 
isolation), that employer may be within the scope exemption in 
paragraphs (a)(2)(iv) and (v) of this section.

    (3)(i) Where a healthcare setting is embedded within a non-
healthcare setting (e.g., medical clinic in a manufacturing facility, 
walk-in clinic in a retail setting), this section applies only to the 
embedded healthcare setting and not to the remainder of the physical 
location.
    (ii) Where emergency responders or other licensed healthcare 
providers enter a non-healthcare setting to provide healthcare services, 
this section applies only to the provision of the healthcare services by 
that employee.
    (4) In well-defined areas where there is no reasonable expectation 
that any person with suspected or confirmed COVID-19 will be present, 
paragraphs (f), (h), and (i) of this section do not apply to employees 
who are fully vaccinated.

    Note 1 to paragraph (a): Nothing in this section is intended to 
limit state or local government mandates or guidance (e.g., executive 
order, health department order) that go beyond the requirements of and 
are not inconsistent with this section.
    Note 2 to paragraph (a): Employers are encouraged to follow public 
health guidance from the Centers for Disease Control and Prevention 
(CDC) even when not required by this section.

    (b) Definitions. The following definitions apply to this section:
    Aerosol-generating procedure means a medical procedure that 
generates aerosols that can be infectious and are of respirable size. 
For the purposes of this section, only the following medical procedures 
are considered aerosol-generating procedures: Open suctioning of 
airways; sputum induction; cardiopulmonary resuscitation; endotracheal 
intubation and extubation; non-invasive ventilation (e.g., BiPAP, CPAP); 
bronchoscopy; manual ventilation; medical/surgical/postmortem procedures 
using oscillating bone saws; and dental procedures involving: Ultrasonic 
scalers; high-speed dental handpieces; air/water syringes; air 
polishing; and air abrasion.
    Airborne infection isolation room (AIIR) means a dedicated negative 
pressure patient-care room, with special air handling capability, which 
is used to isolate persons with a suspected or confirmed airborne-
transmissible infectious disease. AIIRs include both permanent rooms and 
temporary structures (e.g., a booth, tent or other enclosure designed to 
operate under negative pressure).
    Ambulatory care means healthcare services performed on an outpatient 
basis, without admission to a hospital or other facility. It is provided 
in settings such as: Offices of physicians and other health care 
professionals; hospital outpatient departments; ambulatory surgical 
centers; specialty clinics or centers (e.g., dialysis, infusion, medical 
imaging); and urgent care clinics. Ambulatory care does not include home 
healthcare settings for the purposes of this section.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Clean/cleaning means the removal of dirt and impurities, including 
germs, from surfaces using soap and water or other cleaning agents. 
Cleaning alone reduces germs on surfaces by removing contaminants and 
may also weaken or damage some of the virus particles, which decreases 
risk of infection from surfaces.
    Close contact means being within 6 feet of any other person for a 
cumulative total of 15 minutes or more over a 24-hour period during that 
person's potential period of transmission. The potential transmission 
period runs from 2 days before the person felt sick

[[Page 941]]

(or, for asymptomatic people, 2 days prior to test specimen collection) 
until the time the person is isolated.
    Common areas means indoor or outdoor locations under the control of 
the employer that more than one person may use or where people 
congregate (e.g., building lobbies, reception areas, waiting rooms, 
restrooms, break rooms, eating areas, conference rooms).
    COVID-19 (Coronavirus Disease 2019) means the respiratory disease 
caused by SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2). 
For clarity and ease of reference, this section refers to ``COVID-19'' 
when describing exposures or potential exposures to SARS-CoV-2.
    COVID-19 positive and confirmed COVID-19 refer to a person who has a 
confirmed positive test for, or who has been diagnosed by a licensed 
healthcare provider with, COVID-19.
    COVID-19 symptoms mean the following: Fever or chills; cough; 
shortness of breath or difficulty breathing; fatigue; muscle or body 
aches; headache; new loss of taste or smell; sore throat; congestion or 
runny nose; nausea or vomiting; diarrhea.
    COVID-19 test means a test for SARS-CoV-2 that is:
    (i) Cleared or approved by the U.S. Food and Drug Administration 
(FDA) or is authorized by an Emergency Use Authorization (EUA) from the 
FDA to diagnose current infection with the SARS-CoV-2 virus; and
    (ii) Administered in accordance with the FDA clearance or approval 
or the FDA EUA as applicable.
    Direct patient care means hands-on, face-to-face contact with 
patients for the purpose of diagnosis, treatment, and monitoring.
    Disinfect/disinfection means using an EPA-registered, hospital-grade 
disinfectant on EPA's ``List N'' (incorporated by reference, Sec.  
1910.509), in accordance with manufacturers' instructions to kill germs 
on surfaces.
    Elastomeric respirator means a tight-fitting respirator with a 
facepiece that is made of synthetic or rubber material that permits it 
to be disinfected, cleaned, and reused according to manufacturer's 
instructions. It is equipped with a replaceable cartridge(s), 
canister(s), or filter(s).
    Facemask means a surgical, medical procedure, dental, or isolation 
mask that is FDA-cleared, authorized by an FDA EUA, or offered or 
distributed as described in an FDA enforcement policy. Facemasks may 
also be referred to as ``medical procedure masks.''
    Face shield means a device, typically made of clear plastic, that:
    (i) Is certified to ANSI/ISEA Z87.1 (incorporated by reference, 
Sec.  1910.509); or
    (ii) Covers the wearer's eyes, nose, and mouth to protect from 
splashes, sprays, and spatter of body fluids, wraps around the sides of 
the wearer's face (i.e., temple-to-temple), and extends below the 
wearer's chin.
    Filtering facepiece respirator means a negative pressure particulate 
respirator with a non-replaceable filter as an integral part of the 
facepiece or with the entire facepiece composed of the non-replaceable 
filtering medium.
    Fully vaccinated means 2 weeks or more following the final dose of a 
COVID-19 vaccine.
    Hand hygiene means the cleaning and/or disinfecting of one's hands 
by using standard handwashing methods with soap and running water or an 
alcohol-based hand rub that is at least 60% alcohol.
    Healthcare services mean services that are provided to individuals 
by professional healthcare practitioners (e.g., doctors, nurses, 
emergency medical personnel, oral health professionals) for the purpose 
of promoting, maintaining, monitoring, or restoring health. Healthcare 
services are delivered through various means including: Hospitalization, 
long-term care, ambulatory care, home health and hospice care, emergency 
medical response, and patient transport. For the purposes of this 
section, healthcare services include autopsies.
    Healthcare support services mean services that facilitate the 
provision of healthcare services. Healthcare support services include 
patient intake/admission, patient food services, equipment and facility 
maintenance, housekeeping services, healthcare laundry services, medical 
waste handling services, and medical equipment cleaning/reprocessing 
services.

[[Page 942]]

    High-touch surfaces and equipment means any surface or piece of 
equipment that is repeatedly touched by more than one person (e.g., 
doorknobs, light switches, countertops, handles, desks, tables, phones, 
keyboards, tools, toilets, faucets, sinks, credit card terminals, 
touchscreen-enabled devices).
    Physical location means a site (including outdoor and indoor areas, 
a structure, or a group of structures) or an area within a site where 
work or any work-related activity (e.g., taking breaks, going to the 
restroom, eating, entering, or exiting work) occurs. A physical location 
includes the entirety of any space associated with the site (e.g., 
workstations, hallways, stairwells, breakrooms, bathrooms, elevators) 
and any other space that an employee might occupy in arriving, working, 
or leaving.
    Powered air-purifying respirator (PAPR) means an air-purifying 
respirator that uses a blower to force the ambient air through air-
purifying elements to the inlet covering.
    Respirator means a type of personal protective equipment (PPE) that 
is certified by NIOSH under 42 CFR part 84 or is authorized under an EUA 
by the FDA. Respirators protect against airborne hazards by removing 
specific air contaminants from the ambient (surrounding) air or by 
supplying breathable air from a safe source. Common types of respirators 
include filtering facepiece respirators, elastomeric respirators, and 
PAPRs. Face coverings, facemasks, and face shields are not respirators.
    Screen means asking questions to determine whether a person is 
COVID-19 positive or has symptoms of COVID-19.
    Surgical mask means a mask that covers the user's nose and mouth and 
provides a physical barrier to fluids and particulate materials. The 
mask meets certain fluid barrier protection standards and Class I or 
Class II flammability tests. Surgical masks are generally regulated by 
FDA as Class II devices under 21 CFR 878.4040--Surgical apparel.
    Vaccine means a biological product authorized or licensed by the FDA 
to prevent or provide protection against COVID-19, whether the substance 
is administered through a single dose or a series of doses.
    Workplace means a physical location (e.g., fixed, mobile) where the 
employer's work or operations are performed.
    (c) COVID-19 plan. (1) The employer must develop and implement a 
COVID-19 plan for each workplace. If the employer has multiple 
workplaces that are substantially similar, its COVID-19 plan may be 
developed by workplace type rather than by individual workplace so long 
as all required site-specific information is included in the plan.

    Note to paragraph (c)(1): For those employers who do not already 
have a COVID-19 plan in place, OSHA's website contains significant 
compliance assistance materials, including a model plan.

    (2) If the employer has more than 10 employees, the COVID-19 plan 
must be written.
    (3) The employer must designate one or more workplace COVID-19 
safety coordinators to implement and monitor the COVID-19 plan developed 
under this section. The COVID-19 safety coordinator(s) must be 
knowledgeable in infection control principles and practices as they 
apply to the workplace and employee job operations. The identity of the 
safety coordinator(s) must be documented in any written COVID-19 plan. 
The safety coordinator(s) must have the authority to ensure compliance 
with all aspects of the COVID-19 plan.
    (4)(i) The employer must conduct a workplace-specific hazard 
assessment to identify potential workplace hazards related to COVID-19.
    (ii) In order for an employer to be exempt from providing controls 
in a well-defined area under paragraph (a)(4) of this section based on 
employees' fully vaccinated status, the COVID-19 plan must include 
policies and procedures to determine employees' vaccination status.
    (5) The employer must seek the input and involvement of non-
managerial employees and their representatives, if any, in the hazard 
assessment and the development and implementation of the COVID-19 plan.

[[Page 943]]

    (6) The employer must monitor each workplace to ensure the ongoing 
effectiveness of the COVID-19 plan and update it as needed.
    (7) The COVID-19 plan must address the hazards identified by the 
assessment required by paragraph (c)(4) of this section, and include 
policies and procedures to:
    (i) Minimize the risk of transmission of COVID-19 for each employee, 
as required by paragraphs (d) through (n) of this section;

    Note to paragraph (c)(7) (i): Although the employer's COVID-19 plan 
must account for the potential COVID-19 exposures to each employee, the 
plan can do so generally and need not address each employee 
individually.

    (ii) Effectively communicate and coordinate with other employers:
    (A) When employees of different employers share the same physical 
location, each employer must effectively communicate its COVID-19 plan 
to all other employers, coordinate to ensure that each of its employees 
is protected as required by this section, and adjust its COVID-19 plan 
to address any particular COVID-19 hazards presented by the other 
employees. This requirement does not apply to delivery people, 
messengers, and other employees who only enter a workplace briefly to 
drop off or pick up items.
    (B) An employer with one or more employees working in a physical 
location controlled by another employer must notify the controlling 
employer when those employees are exposed to conditions at that location 
that do not meet the requirements of this section; and
    (iii) Protect employees who in the course of their employment enter 
into private residences or other physical locations controlled by a 
person not covered by the OSH Act (e.g., homeowners, sole proprietors). 
This must include procedures for employee withdrawal from that location 
if those protections are inadequate.

    Note to paragraph (c): The employer may include other policies, 
procedures, or information necessary to comply with any applicable 
federal, state, or local public health laws, standards, and guidelines 
in their COVID-19 plan.

    (d) Patient screening and management. In settings where direct 
patient care is provided, the employer must:
    (1) Limit and monitor points of entry to the setting. This provision 
does not apply where emergency responders or other licensed healthcare 
providers enter a non-healthcare setting to provide healthcare services.
    (2) Screen and triage all clients, patients, residents, delivery 
people and other visitors, and other non-employees entering the setting.
    (3) Implement other applicable patient management strategies in 
accordance with CDC's ``COVID-19 Infection Prevention and Control 
Recommendations'' (incorporated by reference, Sec.  1910.509).

    Note to paragraph (d): The employer is encouraged to use telehealth 
services where available and appropriate in order to limit the number of 
people entering the workplace.

    (e) Standard and Transmission-Based Precautions. Employers must 
develop and implement policies and procedures to adhere to Standard and 
Transmission-Based Precautions in accordance with CDC's ``Guidelines for 
Isolation Precautions'' (incorporated by reference, Sec.  1910.509).
    (f) Personal protective equipment (PPE)--(1) Facemasks. (i) 
Employers must provide, and ensure that employees wear, facemasks that 
meet the definition in paragraph (b) of this section; and
    (ii) The employer must ensure a facemask is worn by each employee 
over the nose and mouth when indoors and when occupying a vehicle with 
other people for work purposes. The employer must provide a sufficient 
number of facemasks to each employee to comply with this paragraph and 
must ensure that each employee changes them at least once per day, 
whenever they are soiled or damaged, and more frequently as necessary 
(e.g., patient care reasons).
    (iii) The following are exceptions to the requirements for facemasks 
in paragraph (f)(1)(ii) of this section:
    (A) When an employee is alone in a room.
    (B) While an employee is eating and drinking at the workplace, 
provided each employee is at least 6 feet away

[[Page 944]]

from any other person, or separated from other people by a physical 
barrier.
    (C) When employees are wearing respiratory protection in accordance 
with Sec.  1910.134 or paragraph (f) of this section.
    (D) When it is important to see a person's mouth (e.g., 
communicating with an individual who is deaf or hard of hearing) and the 
conditions do not permit a facemask that is constructed of clear plastic 
(or includes a clear plastic window). In such situations, the employer 
must ensure that each employee wears an alternative to protect the 
employee, such as a face shield, if the conditions permit it.
    (E) When employees cannot wear facemasks due to a medical necessity, 
medical condition, or disability as defined in the Americans with 
Disabilities Act (42 U.S.C. 12101 et seq.), or due to a religious 
belief. Exceptions must be provided for a narrow subset of persons with 
a disability who cannot wear a facemask or cannot safely wear a 
facemask, because of the disability, as defined in the Americans with 
Disabilities Act (42 U.S.C. 12101 et seq.), including a person who 
cannot independently remove the facemask. The remaining portion of the 
subset who cannot wear a facemask may be exempted on a case-by-case 
basis as required by the Americans with Disabilities Act and other 
applicable laws. In all such situations, the employer must ensure that 
any such employee wears a face shield for the protection of the 
employee, if their condition or disability permits it. Accommodations 
may also need to be made for religious beliefs consistent with Title VII 
of the Civil Rights Act.
    (F) When the employer can demonstrate that the use of a facemask 
presents a hazard to an employee of serious injury or death (e.g., arc 
flash, heat stress, interfering with the safe operation of equipment). 
In such situations, the employer must ensure that each employee wears an 
alternative to protect the employee, such as a face shield, if the 
conditions permit it. Any employee not wearing a facemask must remain at 
least 6 feet away from all other people unless the employer can 
demonstrate it is not feasible. The employee must resume wearing a 
facemask when not engaged in the activity where the facemask presents a 
hazard.

    Note to paragraph (f)(1) (iii)(F): With respect to paragraphs 
(f)(1)(iii)(D) through (F) of this section, the employer may determine 
that the use of face shields, without facemasks, in certain settings is 
not appropriate due to other infection control concerns.

    (iv) Where a face shield is required to comply with this paragraph 
or is otherwise required by the employer, the employer must ensure that 
face shields are cleaned at least daily and are not damaged. When an 
employee provides a face shield that meets the definition in paragraph 
(b) of this section, the employer may allow the employee to use it and 
is not required to reimburse the employee for that face shield.
    (2) Respirators and other PPE for exposure to people with suspected 
or confirmed COVID-19. When employees have exposure to a person with 
suspected or confirmed COVID-19, the employer must provide:
    (i) A respirator to each employee and ensure that it is provided and 
used in accordance with Sec.  1910.134 and
    (ii) Gloves, an isolation gown or protective clothing, and eye 
protection to each employee and ensure that the PPE is used in 
accordance with subpart I of this part.

    Note to paragraph (f)(2): When there is a limited supply of 
filtering facepiece respirators, employers may follow the CDC's 
``Strategies for Optimizing the Supply of N95 Respirators'' (available 
at: https://www.cdc.gov/coronavirus/2019-ncov/hcp/respirators-strategy/
index.html). Where possible, employers are encouraged to select 
elastomeric respirators or PAPRs instead of filtering facepiece 
respirators to prevent shortages and supply chain disruption.

    (3) Respirators and other PPE during aerosol-generating procedures. 
For aerosol-generating procedures performed on a person with suspected 
or confirmed COVID-19, the employer must provide:
    (i) A respirator to each employee and ensure that it is provided and 
used in accordance with Sec.  1910.134; and
    (ii) Gloves, an isolation gown or protective clothing, and eye 
protection to each employee and ensure that the PPE is used in 
accordance with subpart I of this part.


[[Page 945]]


    Note 1 to paragraph (f)(3): For aerosol-generating procedures on a 
person suspected or confirmed with COVID-19, employers are encouraged to 
select elastomeric respirators or PAPRs instead of filtering facepiece 
respirators.
    Note 2 to paragraph (f)(3): Additional requirements specific to 
aerosol-generating procedures on people with suspected or confirmed 
COVID-19 are contained in paragraph (g) of this section.

    (4) Use of respirators when not required. (i) The employer may 
provide a respirator to the employee instead of a facemask as required 
by paragraph (f)(1) of this section. In such circumstances, the employer 
must comply with Sec.  1910.504.
    (ii) Where the employer provides the employee with a facemask as 
required by paragraph (f)(1) of this section, the employer must permit 
the employee to wear their own respirator instead of a facemask. In such 
circumstances, the employer must also comply with Sec.  1910.504.
    (5) Respirators and other PPE based on Standard and Transmission-
Based Precautions. The employer must provide protective clothing and 
equipment (e.g., respirators, gloves, gowns, goggles, face shields) to 
each employee in accordance with Standard and Transmission-Based 
Precautions in healthcare settings in accordance with CDC's ``Guidelines 
for Isolation Precautions'' (incorporated by reference, Sec.  1910.509) 
and ensure that the protective clothing and equipment is used in 
accordance with subpart I of this part.
    (g) Aerosol-generating procedures on a person with suspected or 
confirmed COVID-19. When an aerosol-generating procedure is performed on 
a person with suspected or confirmed COVID-19:
    (1) The employer must limit the number of employees present during 
the procedure to only those essential for patient care and procedure 
support.
    (2) The employer must ensure that the procedure is performed in an 
existing AIIR, if available.
    (3) After the procedure is completed, the employer must clean and 
disinfect the surfaces and equipment in the room or area where the 
procedure was performed.

    Note to paragraph (g): Respirators and other PPE requirements during 
aerosol-generating procedures are contained in paragraph (f)(3) of this 
section.

    (h) Physical distancing. (1) The employer must ensure that each 
employee is separated from all other people by at least 6 feet when 
indoors unless the employer can demonstrate that such physical 
distancing is not feasible for a specific activity (e.g., hands-on 
medical care). This provision does not apply to momentary exposure while 
people are in movement (e.g., passing in hallways or aisles).
    (2) When the employer establishes it is not feasible for an employee 
to maintain a distance of at least 6 feet from all other people, the 
employer must ensure that the employee is as far apart from all other 
people as feasible.

    Note to paragraph (h): Physical distancing can include methods such 
as: Telehealth; telework or other remote work arrangements; reducing the 
number of people, including non-employees, in an area at one time; 
visual cues such as signs and floor markings to indicate where employees 
and others should be located or their direction and path of travel; 
staggered arrival, departure, work, and break times; and adjusted work 
processes or procedures to allow greater distance between employees.

    (i) Physical barriers. At each fixed work location outside of direct 
patient care areas (e.g., entryway/lobby, check-in desks, triage, 
hospital pharmacy windows, bill payment) where each employee is not 
separated from all other people by at least 6 feet of distance, the 
employer must install cleanable or disposable solid barriers, except 
where the employer can demonstrate it is not feasible. The barrier must 
be sized (e.g., height and width) and located to block face-to-face 
pathways between individuals based on where each person would normally 
stand or sit. The barrier may have a pass-through space at the bottom 
for objects and merchandise.

    Note to paragraph (i): Physical barriers are not required in direct 
patient care areas or resident rooms.

    (j) Cleaning and disinfection. (1) In patient care areas, resident 
rooms, and for medical devices and equipment, the employer must follow 
standard practices for cleaning and disinfection of surfaces and 
equipment in accordance

[[Page 946]]

with CDC's ``COVID-19 Infection Prevention and Control Recommendations'' 
and CDC's ``Guidelines for Environmental Infection Control,'' pp. 86-
103, 147-149 (both incorporated by reference, Sec.  1910.509).
    (2) In all other areas, the employer must:
    (i) Clean high-touch surfaces and equipment at least once a day, 
following manufacturers' instructions for application of cleaners; and
    (ii) When the employer is aware that a person who is COVID-19 
positive has been in the workplace within the last 24 hours, clean and 
disinfect, in accordance with CDC's ``Cleaning and Disinfecting 
Guidance'' (incorporated by reference, Sec.  1910.509), any areas, 
materials, and equipment under the employer's control that have likely 
been contaminated by the person who is COVID-19 positive (e.g., rooms 
they occupied, items they touched).
    (3) The employer must provide alcohol-based hand rub that is at 
least 60% alcohol or provide readily accessible hand washing facilities.
    (k) Ventilation. (1) Employers who own or control buildings or 
structures with an existing heating, ventilation, and air conditioning 
(HVAC) system(s) must ensure that:
    (i) The HVAC system(s) is used in accordance with the HVAC 
manufacturer's instructions and the design specifications of the HVAC 
system(s);
    (ii) The amount of outside air circulated through its HVAC system(s) 
and the number of air changes per hour are maximized to the extent 
appropriate;
    (iii) All air filters are rated Minimum Efficiency Reporting Value 
(MERV) 13 or higher, if compatible with the HVAC system(s). If MERV-13 
or higher filters are not compatible with the HVAC system(s), employers 
must use filters with the highest compatible filtering efficiency for 
the HVAC system(s);
    (iv) All air filters are maintained and replaced as necessary to 
ensure the proper function and performance of the HVAC system(s); and
    (v) All intake ports that provide outside air to the HVAC system(s) 
are cleaned, maintained, and cleared of any debris that may affect the 
function and performance of the HVAC system(s).
    (2) Where the employer has an existing AIIR, the employer must 
maintain and operate it in accordance with its design and construction 
criteria.

    Note 1 to paragraph (k): This section does not require installation 
of new HVAC systems or AIIRs to replace or augment functioning systems.
    Note 2 to paragraph (k): In addition to the requirements for 
existing HVAC systems and AIIRs, all employers should also consider 
other measures to improve ventilation in accordance with ``CDC's 
Ventilation Guidance,'' (available at www.cdc.gov/coronavirus/2019-ncov/
community/ventilation.html) (e.g., opening windows and doors). This 
could include maximizing ventilation in buildings without HVAC systems 
or in vehicles.

    (l) Health screening and medical management--(1) Screening. (i) The 
employer must screen each employee before each work day and each shift. 
Screening may be conducted by asking employees to self-monitor before 
reporting to work or may be conducted in-person by the employer.
    (ii) If a COVID-19 test is required by the employer for screening 
purposes, the employer must provide the test to each employee at no cost 
to the employee.
    (2) Employee notification to employer of COVID-19 illness or 
symptoms. The employer must require each employee to promptly notify the 
employer when the employee:
    (i) Is COVID-19 positive (i.e., confirmed positive test for, or has 
been diagnosed by a licensed healthcare provider with, COVID-19); or
    (ii) Has been told by a licensed healthcare provider that they are 
suspected to have COVID-19; or
    (iii) Is experiencing recent loss of taste and/or smell with no 
other explanation; or
    (iv) Is experiencing both fever (=100.4 [deg]F) and new 
unexplained cough associated with shortness of breath.
    (3) Employer notification to employees of COVID-19 exposure in the 
workplace. (i) Except as provided for in paragraph (l)(3)(iii) of this 
section, when the employer is notified that a person who has been in the 
workplace(s) (including employees, clients, patients, residents, 
vendors, contractors, customers, delivery people and other visitors, or 
other

[[Page 947]]

non-employees) is COVID-19 positive, the employer must, within 24 hours:
    (A) Notify each employee who was not wearing a respirator and any 
other required PPE and has been in close contact with that person in the 
workplace. The notification must state the fact that the employee was in 
close contact with someone with COVID-19 along with the date(s) that 
contact occurred.
    (B) Notify all other employees who were not wearing a respirator and 
any other required PPE and worked in a well-defined portion of a 
workplace (e.g., a particular floor) in which that person was present 
during the potential transmission period. The potential transmission 
period runs from 2 days before the person felt sick (or, for 
asymptomatic people, 2 days prior to test specimen collection) until the 
time the person is isolated. The notification must specify the date(s) 
the person with COVID-19 was in the workplace during the potential 
transmission period.
    (C) Notify other employers whose employees were not wearing 
respirators and any other required PPE and have been in close contact 
with that person, or worked in a well-defined portion of a workplace 
(e.g., a particular floor) in which that person was present, during the 
potential transmission period. The potential transmission period runs 
from 2 days before the person felt sick (or, for asymptomatic people, 2 
days prior to test specimen collection) until the time the person is 
isolated. The notification must specify the date(s) the person with 
COVID-19 was in the workplace during the potential transmission period 
and the location(s) where the person with COVID-19 was in the workplace.
    (ii) The notifications required by paragraph (l)(3)(i) of this 
section must not include any employee's name, contact information (e.g., 
phone number, email address), or occupation.
    (iii) The notification provisions are not triggered by the presence 
of a patient with confirmed COVID-19 in a workplace where services are 
normally provided to suspected or confirmed COVID-19 patients (e.g., 
emergency rooms, urgent care facilities, COVID-19 testing sites, COVID-
19 wards in hospitals).
    (4) Medical removal from the workplace. (i) If the employer knows an 
employee meets the criteria listed in paragraph (l)(2)(i) of this 
section, then the employer must immediately remove that employee and 
keep the employee removed until they meet the return to work criteria in 
paragraph (l)(6) of this section.
    (ii) If the employer knows an employee meets the criteria listed in 
paragraphs (l)(2)(ii) through (iv) of this section, then the employer 
must immediately remove that employee and either:
    (A) Keep the employee removed until they meet the return to work 
criteria in paragraph (l)(6) of this section; or
    (B) Keep the employee removed and provide a COVID-19 polymerase 
chain reaction (PCR) test at no cost to the employee.
    (1) If the test results are negative, the employee may return to 
work immediately.
    (2) If the test results are positive, the employer must comply with 
paragraph (l)(4)(i) of this section.
    (3) If the employee refuses to take the test, the employer must 
continue to keep the employee removed from the workplace consistent with 
paragraph (l)(4)(ii)(A) of this section, but the employer is not 
obligated to provide medical removal protection benefits in accordance 
with paragraph (l)(5)(iii) of this section. Absent undue hardship, 
employers must make reasonable accommodations for employees who cannot 
take the test for religious or disability-related medical reasons.

    Note to paragraph (l) (4)(ii): This partial symptom list in 
paragraphs (l)(2)(iii) and (l)(2)(iv) of this section informs the 
employer of the minimum requirements for compliance. The full list of 
COVID-19 symptoms provided by CDC includes additional symptoms not 
listed in paragraphs (l)(2)(iii) through (iv) of this section. Employers 
may choose to remove or test employees with additional symptoms from the 
CDC list, or refer the employees to a healthcare provider.

    (iii)(A) If the employer is required to notify the employee of close 
contact in the workplace to a person who is COVID-19 positive in 
accordance with paragraph (l)(3)(i)(A) of this section,

[[Page 948]]

then the employer must immediately remove that employee and either:
    (1) Keep the employee removed for 14 days; or
    (2) Keep the employee removed and provide a COVID-19 test at least 
five days after the exposure at no cost to the employee.
    (i) If the test results are negative, the employee may return to 
work after seven days following exposure.
    (ii) If the test results are positive, the employer must comply with 
paragraph (l)(4)(i) of this section.
    (iii) If the employee refuses to take the test, the employer must 
continue to keep the employee removed from the workplace consistent with 
paragraph (l)(4)(iii)(A)(1) of this section, but the employer is not 
obligated to provide medical removal protection benefits in accordance 
with paragraph (l)(5)(iii) of this section. Absent undue hardship, 
employers must make reasonable accommodations for employees who cannot 
take the test for religious or disability-related medical reasons, 
consistent with applicable non-discrimination laws.
    (B) Employers are not required to remove any employee who would 
otherwise be required to be removed under paragraph (i)(4)(iii)(A) of 
this section if the employee does not experience the symptoms in 
paragraph (l)(2)(iii) or (iv) of this section and has:
    (1) Been fully vaccinated against COVID-19 (i.e., 2 weeks or more 
following the final dose); or
    (2) Had COVID-19 and recovered within the past 3 months.
    (iv) Any time an employee is required to be removed from the 
workplace for any reason under paragraph (l)(4) of this section, the 
employer may require the employee to work remotely or in isolation if 
suitable work is available.
    (5) Medical removal protection benefits. (i) Employers with 10 or 
fewer employees on the effective date of this section are not required 
to comply with paragraphs (l)(5)(iii) through (iv) of this section.
    (ii) When an employer allows an employee to work remotely or in 
isolation in accordance with paragraph (l)(4)(iv) of this section, the 
employer must continue to pay the employee the same regular pay and 
benefits the employee would have received had the employee not been 
absent from work, until the employee meets the return to work criteria 
specified in paragraph (l)(4)(iii) or (l)(6) of this section.
    (iii) When an employer removes an employee in accordance with 
paragraph (l)(4) of this section:
    (A) The employer must continue to provide the benefits to which the 
employee is normally entitled and must also pay the employee the same 
regular pay the employee would have received had the employee not been 
absent from work, up to $1,400 per week, until the employee meets the 
return to work criteria specified in paragraph (l)(4)(iii) or (l)(6) of 
this section.
    (B) For employers with fewer than 500 employees, the employer must 
pay the employee up to the $1,400 per week cap but, beginning in the 
third week of an employee's removal, the amount is reduced to only two-
thirds of the same regular pay the employee would have received had the 
employee not been absent from work, up to $200 per day ($1,000 per week 
in most cases).
    (iv) The employer's payment obligation under paragraph (l)(5)(iii) 
of this section is reduced by the amount of compensation that the 
employee receives from any other source, such as a publicly or employer-
funded compensation program (e.g., paid sick leave, administrative 
leave), for earnings lost during the period of removal or any additional 
source of income the employee receives that is made possible by virtue 
of the employee's removal.
    (v) Whenever an employee returns to the workplace after a COVID-19-
related workplace removal, that employee must not suffer any adverse 
action as a result of that removal from the workplace and must maintain 
all employee rights and benefits, including the employee's right to 
their former job status, as if the employee had not been removed.
    (6) Return to work. The employer must make decisions regarding an 
employee's return to work after a COVID-19-related workplace removal in 
accordance with guidance from a licensed healthcare provider or CDC's 
``Isolation Guidance'' (incorporated by reference, Sec.  1910.509); and 
CDC's ``Return

[[Page 949]]

to Work Healthcare Guidance'' (incorporated by reference, Sec.  
1910.509).

    Note to paragraph (l): OSHA recognizes that CDC's ``Strategies to 
Mitigate Healthcare Personnel Staffing Shortages'' (available at 
www.cdc.gov/coronavirus/2019-ncov/hcp/mitigating-staff-shortages.html) 
allows elimination of quarantine for certain healthcare workers, but 
only as a last resort, if the workers' absence would mean there are no 
longer enough staff to provide safe patient care, specific other 
amelioration strategies have already been tried, patients have been 
notified, and workers are utilizing additional PPE at all times.

    (m) Vaccination. The employer must support COVID-19 vaccination for 
each employee by providing reasonable time and paid leave (e.g., paid 
sick leave, administrative leave) to each employee for vaccination and 
any side effects experienced following vaccination.
    (n) Training. (1) The employer must ensure that each employee 
receives training, in a language and at a literacy level the employee 
understands, and so that the employee comprehends at least the 
following:
    (i) COVID-19, including how the disease is transmitted (including 
pre-symptomatic and asymptomatic transmission), the importance of hand 
hygiene to reduce the risk of spreading COVID-19 infections, ways to 
reduce the risk of spreading COVID-19 through the proper covering of the 
nose and mouth, the signs and symptoms of the disease, risk factors for 
severe illness, and when to seek medical attention;
    (ii) Employer-specific policies and procedures on patient screening 
and management;
    (iii) Tasks and situations in the workplace that could result in 
COVID-19 infection;
    (iv) Workplace-specific policies and procedures to prevent the 
spread of COVID-19 that are applicable to the employee's duties (e.g., 
policies on Standard and Transmission-Based Precautions, physical 
distancing, physical barriers, ventilation, aerosol-generating 
procedures);
    (v) Employer-specific multi-employer workplace agreements related to 
infection control policies and procedures, the use of common areas, and 
the use of shared equipment that affect employees at the workplace;
    (vi) Employer-specific policies and procedures for PPE worn to 
comply with this section, including:
    (A) When PPE is required for protection against COVID-19;
    (B) Limitations of PPE for protection against COVID-19;
    (C) How to properly put on, wear, and take off PPE;
    (D) How to properly care for, store, clean, maintain, and dispose of 
PPE; and
    (E) Any modifications to donning, doffing, cleaning, storage, 
maintenance, and disposal procedures needed to address COVID-19 when PPE 
is worn to address workplace hazards other than COVID-19;
    (vii) Workplace-specific policies and procedures for cleaning and 
disinfection;
    (viii) Employer-specific policies and procedures on health screening 
and medical management;
    (ix) Available sick leave policies, any COVID-19-related benefits to 
which the employee may be entitled under applicable federal, state, or 
local laws, and other supportive policies and practices (e.g., telework, 
flexible hours);
    (x) The identity of the safety coordinator(s) specified in the 
COVID-19 plan;
    (xi) The requirements of this section; and
    (xii) How the employee can obtain copies of this section and any 
employer-specific policies and procedures developed under this section, 
including the employer's written COVID-19 plan, if required.

    Note to paragraph (n)(1): Employers may rely on training completed 
prior to the effective date of this section to the extent that it meets 
the relevant training requirements under this paragraph.

    (2) The employer must ensure that each employee receives additional 
training whenever:
    (i) Changes occur that affect the employee's risk of contracting 
COVID-19 at work (e.g., new job tasks);
    (ii) Policies or procedures are changed; or
    (iii) There is an indication that the employee has not retained the 
necessary understanding or skill.
    (3) The employer must ensure that the training is overseen or 
conducted

[[Page 950]]

by a person knowledgeable in the covered subject matter as it relates to 
the employee's job duties.
    (4) The employer must ensure that the training provides an 
opportunity for interactive questions and answers with a person 
knowledgeable in the covered subject matter as it relates to the 
employee's job duties.
    (o) Anti-Retaliation. (1) The employer must inform each employee 
that:
    (i) Employees have a right to the protections required by this 
section; and
    (ii) Employers are prohibited from discharging or in any manner 
discriminating against any employee for exercising their right to the 
protections required by this section, or for engaging in actions that 
are required by this section.
    (2) The employer must not discharge or in any manner discriminate 
against any employee for exercising their right to the protections 
required by this section, or for engaging in actions that are required 
by this section.

    Note to paragraph (o): In addition, section 11(c) of the OSH Act 
also prohibits the employer from discriminating against an employee for 
exercising rights under, or as a result of actions that are required by, 
this section. That provision of the Act also protects the employee who 
files a safety and health complaint, or otherwise exercises any rights 
afforded by the OSH Act.

    (p) Requirements implemented at no cost to employees. The 
implementation of all requirements of this section, with the exception 
of any employee self-monitoring conducted under paragraph (l)(1)(i) of 
this section, must be at no cost to employees.
    (q) Recordkeeping--(1) Small employer exclusion. Employers with 10 
or fewer employees on the effective date of this section are not 
required to comply with paragraph (q)(2) or (q)(3) of this section.
    (2) Required records. Employers with more than 10 employees on the 
effective date of this section must:
    (i) Retain all versions of the COVID-19 plan implemented to comply 
with this section while this section remains in effect.
    (ii) Establish and maintain a COVID-19 log to record each instance 
identified by the employer in which an employee is COVID-19 positive, 
regardless of whether the instance is connected to exposure to COVID-19 
at work.
    (A) The COVID-19 log must contain, for each instance, the employee's 
name, one form of contact information, occupation, location where the 
employee worked, the date of the employee's last day at the workplace, 
the date of the positive test for, or diagnosis of, COVID-19, and the 
date the employee first had one or more COVID-19 symptoms, if any were 
experienced.
    (B) The information in the COVID-19 log must be recorded within 24 
hours of the employer learning that the employee is COVID-19 positive 
and must be maintained as though it is a confidential medical record and 
must not be disclosed except as required by this ETS or other federal 
law.
    (C) The COVID-19 log must be maintained and preserved while this 
section remains in effect.

    Note to paragraph (q)(2) (ii): The COVID-19 log is intended to 
assist employers with tracking and evaluating instances of employees who 
are COVID-19 positive without regard to whether those employees were 
infected at work. The tracking will help evaluate potential workplace 
exposure to other employees.

    (3) Availability of records. By the end of the next business day 
after a request, the employer must provide, for examination and copying:
    (i) All versions of the written COVID-19 plan to all of the 
following: Any employees, their personal representatives, and their 
authorized representatives.
    (ii) The individual COVID-19 log entry for a particular employee to 
that employee and to anyone having written authorized consent of that 
employee.
    (iii) A version of the COVID-19 log that removes the names of 
employees, contact information, and occupation, and only includes, for 
each employee in the COVID-19 log, the location where the employee 
worked, the last day that the employee was at the workplace before 
removal, the date of that employee's positive test for, or diagnosis of, 
COVID-19, and the date the employee first had one or more COVID-19 
symptoms, if any were experienced, to all of the following: Any 
employees, their personal representatives, and their authorized 
representatives.

[[Page 951]]

    (iv) All records required to be maintained by this section to the 
Assistant Secretary.

    Note to paragraph (q): Employers must continue to record all work-
related confirmed cases of COVID-19 on their OSHA Forms 300, 300A, and 
301, or the equivalent forms, if required to do so under 29 CFR part 
1904.

    (r) Reporting COVID-19 fatalities and hospitalizations to OSHA. (1) 
The employer must report to OSHA:
    (i) Each work-related COVID-19 fatality within 8 hours of the 
employer learning about the fatality.
    (ii) Each work-related COVID-19 in-patient hospitalization within 24 
hours of the employer learning about the in-patient hospitalization.
    (2) When reporting COVID-19 fatalities and in-patient 
hospitalizations to OSHA in accordance with paragraph (r)(1) of this 
section, the employer must follow the requirements in 29 CFR 1904.39, 
except for 29 CFR 1904.39(a)(1) and (2) and (b)(6).
    (s) Dates--(1) Effective date. This section is effective as of June 
21, 2021.
    (2) Compliance dates. (i) Employers must comply with all 
requirements of this section, except for requirements in paragraphs (i), 
(k), and (n) of this section by July 6, 2021.
    (ii) Employers must comply with the requirements of this section in 
paragraphs (i), (k), and (n) of this section by July 21, 2021.



Sec.  1910.504  Mini Respiratory Protection Program.

    (a) Scope and application. This section applies only to respirator 
use in accordance with Sec.  1910.502(f)(4).
    (b) Definitions. The following definitions apply to this section:
    COVID-19 (Coronavirus Disease 2019) means the respiratory disease 
caused by SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2). 
For clarity and ease of reference, this section refers to ``COVID-19'' 
when describing exposures or potential exposures to SARS-CoV-2.
    Elastomeric respirator means a tight-fitting respirator with a 
facepiece that is made of synthetic or rubber material that permits it 
to be disinfected, cleaned, and reused according to manufacturer's 
instructions. It is equipped with a replaceable cartridge(s), 
canister(s), or filter(s).
    Filtering facepiece respirator means a negative-pressure particulate 
respirator with a non-replaceable filter as an integral part of the 
facepiece or with the entire facepiece composed of the non-replaceable 
filtering medium.
    Hand hygiene means the cleaning and/or disinfecting of one's hands 
by using standard handwashing methods with soap and running water or an 
alcohol-based hand rub that is at least 60% alcohol.
    Respirator means a type of personal protective equipment (PPE) that 
is certified by the National Institute for Occupational Safety and 
Health (NIOSH) under 42 CFR part 84 or is authorized under an Emergency 
Use Authorization (EUA) by the US Food and Drug Administration. 
Respirators protect against airborne hazards by removing specific air 
contaminants from the ambient (surrounding) air or by supplying 
breathable air from a safe source. Common types of respirators include 
filtering facepiece respirators, elastomeric respirators, and PAPRs. 
Face coverings, facemasks, and face shields are not respirators.
    Powered air-purifying respirator (PAPR) means an air-purifying 
respirator that uses a blower to force the ambient air through air-
purifying elements to the inlet covering.
    Tight-fitting respirator means a respirator in which the air 
pressure inside the facepiece is negative during inhalation with respect 
to the ambient air pressure outside the respirator (e.g., filtering 
facepiece).
    User seal check means an action conducted by the respirator user to 
determine if the respirator is properly seated to the face.
    (c) Respirators provided by employees. Where employees provide and 
use their own respirators, the employer must provide each employee with 
the following notice: Respirators can be an effective method of 
protection against COVID-19 hazards when properly selected and worn. 
Respirator use is encouraged to provide an additional level of comfort 
and protection for workers even in circumstances that do not require a 
respirator to be used. However, if a respirator is used improperly or

[[Page 952]]

not kept clean, the respirator itself can become a hazard to the worker. 
If your employer allows you to provide and use your own respirator, you 
need to take certain precautions to be sure that the respirator itself 
does not present a hazard. You should do the following:
    (1) Read and follow all instructions provided by the manufacturer on 
use, maintenance, cleaning and care, and warnings regarding the 
respirator's limitations.
    (2) Keep track of your respirator so that you do not mistakenly use 
someone else's respirator.
    (3) Do not wear your respirator where other workplace hazards (e.g., 
chemical exposures) require use of a respirator. In such cases, your 
employer must provide you with a respirator that is used in accordance 
with OSHA's respiratory protection standard (29 CFR 1910.134). For more 
information about using a respirator, see OSHA's respiratory protection 
safety and health topics page (https://www.osha.gov/respiratory-
protection).
    (d) Respirators provided by employers. Where employers provide 
respirators to their employees, the employer must comply with the 
following requirements:
    (1) Training. The employer must ensure that each employee wearing a 
respirator receives training prior to first use and if they change the 
type of respirator, in a language and at a literacy level the employee 
understands, and comprehends at least the following:
    (i) How to inspect, put on and remove, and use a respirator;
    (ii) The limitations and capabilities of the respirator, 
particularly when the respirator has not been fit tested;
    (iii) Procedures and schedules for storing, maintaining, and 
inspecting respirators;
    (iv) How to perform a user seal check as described in paragraph 
(d)(2) of this section; and
    (v) How to recognize medical signs and symptoms that may limit or 
prevent the effective use of respirators and what to do if the employee 
experiences signs and symptoms.
    (2) User seal check. (i) The employer must ensure that each employee 
who uses a tight-fitting respirator performs a user seal check to ensure 
that the respirator is properly seated to the face each time the 
respirator is put on. Acceptable methods of user seal checks include:
    (A) Positive pressure user seal check (i.e., blow air out). Once you 
have conducted proper hand hygiene and properly donned the respirator, 
place your hands over the facepiece, covering as much surface area as 
possible. Exhale gently into the facepiece. The face fit is considered 
satisfactory if a slight positive pressure is being built up inside the 
facepiece without any evidence of outward leakage of air at the seal. 
Examples of evidence that it is leaking could be the feeling of air 
movement on your face along the seal of the facepiece, fogging of your 
glasses, or a lack of pressure being built up inside the facepiece. If 
the particulate respirator has an exhalation valve, then performing a 
positive pressure check may not be possible unless the user can cover 
the exhalation valve. In such cases, a negative pressure check must be 
performed.
    (B) Negative pressure user seal check (i.e., suck air in). Once you 
have conducted proper hand hygiene and properly donned the respirator, 
cover the filter surface with your hands as much as possible and then 
inhale. The facepiece should collapse on your face and you should not 
feel air passing between your face and the facepiece.
    (ii) The employer must ensure that each employee corrects any 
problems discovered during the user seal check. In the case of either 
type of user seal check (positive or negative), if air leaks around the 
nose, use both hands to readjust how the respirator sits on your face or 
adjust the nosepiece, if applicable. Readjust the straps along the sides 
of your head until a proper seal is achieved.

    Note to paragraph (d)(2): When employees are required to wear a 
respirator and a problem with the seal check arises due to interference 
with the seal by an employee's facial hair, employers may provide a 
different type of respirator to accommodate employees who cannot trim or 
cut facial hair due to religious belief.

    (3) Reuse of respirators. (i) The employer must ensure that a 
filtering

[[Page 953]]

facepiece respirator used by a particular employee is only reused by 
that employee, and only when:
    (A) The respirator is not visibly soiled or damaged;
    (B) The respirator has been stored in a breathable storage container 
(e.g., paper bag) for at least five calendar days between use and has 
been kept away from water or moisture;
    (C) The employee does a visual check in adequate lighting for damage 
to the respirator's fabric or seal;
    (D) The employee successfully completes a user seal check as 
described in paragraph (d)(2) of this section;
    (E) The employee uses proper hand hygiene before putting the 
respirator on and conducting the user seal check; and
    (F) The respirator has not been worn more than five days total.

    Note to paragraph (d)(3) (i): The reuse of single-use respirators 
(e.g., filtering facepiece respirators) is discouraged.

    (ii) The employer must ensure that an elastomeric respirator or PAPR 
is only reused when:
    (A) The respirator is not damaged;
    (B) The respirator is cleaned and disinfected as often as necessary 
to be maintained in a sanitary condition in accordance with Sec.  
1910.134, Appendix B-2; and
    (C) A change schedule is implemented for cartridges, canisters, or 
filters.
    (4) Discontinuing use of respirators. Employers must require 
employees to discontinue use of a respirator when either the employee or 
a supervisor reports medical signs or symptoms (e.g., shortness of 
breath, coughing, wheezing, chest pain, any other symptoms related to 
lung problems, cardiovascular symptoms) that are related to ability to 
use a respirator. Any employee who previously had a medical evaluation 
and was determined to not be medically fit to wear a respirator must not 
be provided with a respirator under this standard unless they are re-
evaluated and medically cleared to use a respirator.
    (e) Effective date. This section is effective as of June 21, 2021.

[86 FR 32620, June 21, 2021, as amended at 87 FR 3929, Jan. 26, 2022]



Sec.  1910.505  Severability.

    Each section of this subpart U, and each provision within those 
sections, is separate and severable from the other sections and 
provisions. If any provision of this subpart is held to be invalid or 
unenforceable on its face, or as applied to any person, entity, or 
circumstance, or is stayed or enjoined, that provision shall be 
construed so as to continue to give the maximum effect to the provision 
permitted by law, unless such holding shall be one of utter invalidity 
or unenforceability, in which event the provision shall be severable 
from this subpart and shall not affect the remainder of the subpart.



Sec.  1910.509  Incorporation by reference.

    (a)(1) The material listed in this section is incorporated by 
reference into this subpart 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. All approved material is available for 
inspection at any Regional Office of the Occupational Safety and Health 
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of 
Labor, 200 Constitution Avenue NW, Room N-3508, Washington, DC 20210; 
telephone: 202-693-2350 (TTY number: 877-889-5627). It is also available 
for inspection at the National Archives and Records Administration 
(NARA). For information on the availability of these standards at NARA, 
email [email protected], or go to www.archives.gov/federal-register/
cfr/ibr-locations.html.
    (2) The material is available from the sources listed in this 
section and as follows:
    (i) The material listed in paragraphs (b) and (c) of this section 
(CDC and EPA) is available at this permanent weblink hosted by OSHA: 
www.osha.gov/coronavirus/ets/ibr.
    (ii) The material listed in paragraph (d) of this section (ISEA) is 
available 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; website: http://www.ansi.org.

[[Page 954]]

    (b) Centers for Disease Control and Prevention (CDC): 1600 Clifton 
Road, Atlanta, GA 30329; websites: https://www.cdc.gov/, https://
www.cdc.gov/coronavirus/2019-ncov/communication/guidance.html, and 
https://www.cdc.gov/infectioncontrol/guidelines/.
    (1) Cleaning and Disinfecting Guidance. COVID-19: Cleaning and 
Disinfecting Your Facility; Every Day and When Someone is Sick, updated 
April 5, 2021, IBR approved for Sec.  1910.502(j).
    (2) COVID-19 Infection Prevention and Control Recommendations. 
COVID-19: Interim Infection Prevention and Control Recommendations for 
Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) 
Pandemic, updated February 23, 2021, IBR approved for Sec. Sec.  
1910.502(d) and (j).
    (3) Guidelines for Isolation Precautions. 2007 Guideline for 
Isolation Precautions: Preventing Transmission of Infectious Agents in 
Healthcare Settings, updated July 2019, IBR approved for Sec. Sec.  
1910.502(e) and (f).
    (4) Guidelines for Environmental Infection Control. Guidelines for 
Environmental Infection Control in Health-Care Facilities, updated July 
2019, IBR approved for Sec.  1910.502(j).
    (5) Isolation Guidance. COVID-19: Isolation If You Are Sick; 
Separate yourself from others if you have COVID-19, updated February 18, 
2021, IBR approved for Sec.  1910.502(l).
    (6) Return to Work Healthcare Guidance. COVID-19: Return to Work 
Criteria for Healthcare Personnel with SARS-CoV-2 Infection (Interim 
Guidance), updated February 16, 2021, IBR approved for Sec.  
1910.502(l).
    (c) U.S. Environmental Protection Agency (EPA): 1200 Pennsylvania 
Avenue NW, Washington, DC 20460; website: https://www.epa.gov/.
    (1) List N. Pesticide Registration List N: Disinfectants for 
Coronavirus (COVID-19), updated April 9, 2021, IBR approved for Sec.  
1910.502(b).
    (2) [Reserved]
    (d) International Safety Equipment Association (ISEA): 1901 North 
Moore Street, Suite 808, Arlington, VA 22209; website: 
www.safetyequipment.org
    (1) ANSI/ISEA Z87.1-2010, American National Standard for 
Occupational and Educational Personal Eye and Face Protection Devices, 
ANSI-approved April 13, 2010, IBR approved for Sec.  1910.502(b).
    (2) ANSI/ISEA Z87.1-2015, American National Standard for 
Occupational and Educational Personal Eye and Face Protection Devices, 
ANSI-approved May 28, 2015, IBR approved for Sec.  1910.502(b).
    (3) ANSI/ISEA Z87.1-2020, American National Standard for 
Occupational and Educational Personal Eye and Face Protection Devices, 
ANSI-approved March 11, 2020, IBR approved for Sec.  1910.502(b).

[86 FR 32620, June 21, 2021, as amended at 87 FR 3929, Jan. 26, 2022]

Subparts V-Y [Reserved]



Sec. Sec.  1910.901-1910.999  [Reserved]

[[Page 955]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 957]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2022)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 958]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 959]]

    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 960]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)

[[Page 961]]

        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 962]]

         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)

[[Page 963]]

        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 964]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 965]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 966]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 967]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 968]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 969]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 970]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 971]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 972]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99)
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 973]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 974]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 975]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 976]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 977]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2022)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 978]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 979]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV

[[Page 980]]

Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102

[[Page 981]]

  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 982]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 983]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 984]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 985]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 987]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2017 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2017

29 CFR
                                                                   82 FR
                                                                    Page
Chapter XVII
1903.15 (d)(1) through (6) amended..................................5382
1904 Authority citation revised; removed CRA.......................20548
1904.0 Revised; removed CRA........................................20548
1904.4 (a) introductory text revised; (a) note removed; removed 
        CRA........................................................20548
1904.29 (b)(3) revised; removed CRA................................20548
1904.4--1904.29 (Subpart C) Heading revised; removed CRA...........20548
1904.32 Heading, (a) and (b)(1) revised; removed CRA...............20548
1904.33 Heading and (b) revised; removed CRA.......................20548
1904.34 Revised; removed CRA.......................................20549
1904.35 (b)(2) introductory text and (iii) revised; removed CRA....20549
1904.39--1904.42 (Subpart E) Heading revised; removed CRA..........20549
1904.40 Heading and (a) revised; removed CRA.......................20549
1904.41 (c)(1) revised.............................................55765
1910.1--1910.9 (Subpart A) Authority citation revised..............31253
1910.8 Table amended...............................................31253

                                  2018

29 CFR
                                                                   83 FR
                                                                    Page
Chapter XVII
1903.15 (d) introductory text and (1) through (6) amended.............14
1910.8 Table amended................................................9702
1910.106 (d)(2)(iii) introductory text revised; CFR correction.....30539
1910.102 Regulation at 83 FR 19948 confirmed.......................31045

                                  2019

29 CFR
                                                                   84 FR
                                                                    Page
Chapter XVII
1903.15 (d) introductory text and (1) through (6) amended............219
1904 Authority citation revised....................................21457
1904 OMB number....................................................36468
1904.10 (b)(6) revised; eff. 7-15-19...............................21457
1904.41 Heading, (a)(1), and (b) revised; (a)(4) added...............405
1910.6 (a)(2), (3), and (4) revised; (i) through (o), (p) through 
        (x), (y), and (z) redesignated as (j) through (p), (s) 
        through (aa), (r), and (bb); new (i) and new (q) added; 
        eff. 7-15-19...............................................21457
1910.23 (d)(4) revised.............................................68795

[[Page 988]]

1910.25 (a) and (c)(5) Figure D-8 revised..........................68795
1910.27 (b)(1)(i) revised..........................................68796
1910.29 (b)(1) and Figure D-11 revised.............................68796
1910.119 Appendix A revised........................................15102
1910.120 (f)(8)(ii)(A) amended; eff. 7-15-19.......................21597
1910.132--1910.140 (Subpart I) Authority citation revised..........50755
1910.134 Appendix A amended........................................50755
1910.140 (c)(8) revised............................................68797
1910.184 (b) figures N-184-4 and N-184-5 added.....................15105
1910.269 (h)(2) introductory text revised..........................68797

                                  2020

29 CFR
                                                                   85 FR
                                                                    Page
Chapter XVII
1903.15 (d) introductory text and (1) through (6) amended...........2298
1904.1 Correction: (a)(1) revised...................................8731
1904.32 Correction: (b)(2)(iii) revised.............................8731
1904.46 Correction: amended.........................................8731
1910.5 Correction: (a) revised......................................8732
1910.7 Correction: appendix A amended...............................8732
1910.269 Correction: (x) amended....................................8732

                                  2021

29 CFR
                                                                   86 FR
                                                                    Page
Chapter XVII
1903.15 (d) introductory text and (1) through (6) amended...........2969
1910 Technical correction...................................37038, 69586
1910 Regulation at 86 FR 32376 comment period extended.............38232
1910 Policy statement..............................................64366
1910 Comment period extended.......................................68560
1910.501--1910.509 (Subpart U) Heading revised; interim............61551
1910.501 Added; interim............................................61551
1910.502--1910.509 (Subpart U) Added...............................32620
1910.504 (a) revised; interim......................................61554
1910.509 (b)(5) revised; interim...................................61554

                                  2022

   (Regulations published from January 1, 2022, through July 1, 2022)

29 CFR
                                                                   87 FR
                                                                    Page
Chapter XVII
1903.15 (d) introductory text and (1) through (6) amended...........2336
1910 Policy statement..............................................16426
1910.95 CFR correction: Appendix A amended.........................32999
1910.501 Removed; interim...........................................3929
1910.504 (a) revised; interim.......................................3929
1910.509 (b)(5) revised; interim....................................3929


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