[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 1911 to 1925

                         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

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

          Legal Status and Use of Seals and Logos
          
          
          The seal of the National Archives and Records Administration 
              (NARA) authenticates the Code of Federal Regulations (CFR) as 
              the official codification of Federal regulations established 
              under the Federal Register Act. Under the provisions of 44 
              U.S.C. 1507, the contents of the CFR, a special edition of the 
              Federal Register, shall be judicially noticed. The CFR is 
              prima facie evidence of the original documents published in 
              the Federal Register (44 U.S.C. 1510).

          It is prohibited to use NARA's official seal and the stylized Code 
              of Federal Regulations logo on any republication of this 
              material without the express, written permission of the 
              Archivist of the United States or the Archivist's designee. 
              Any person using NARA's official seals and logos in a manner 
              inconsistent with the provisions of 36 CFR part 1200 is 
              subject to the penalties specified in 18 U.S.C. 506, 701, and 
              1017.

          Use of ISBN Prefix

          This is the Official U.S. Government edition of this publication 
              and is herein identified to certify its authenticity. Use of 
              the 0-16 ISBN prefix is for U.S. Government Publishing Office 
              Official Editions only. The Superintendent of Documents of the 
              U.S. Government Publishing Office requests that any reprinted 
              edition clearly be labeled as a copy of the authentic work 
              with a new ISBN.

              
              
          U . S . G O V E R N M E N T P U B L I S H I N G O F F I C E

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

          U.S. Superintendent of Documents  Washington, DC 
              20402-0001

          http://bookstore.gpo.gov

          Phone: toll-free (866) 512-1800; DC area (202) 512-1800

[[Page iii]]




                            Table of Contents



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

  Title 29:
    SUBTITLE B--Regulations Relating to Labor (Continued) 
          Chapter XVII--Occupational Safety and Health 
          Administration, Department of Labor (Continued)            5
  Finding Aids:
      Table of CFR Titles and Chapters........................     367
      Alphabetical List of Agencies Appearing in the CFR......     387
      List of CFR Sections Affected...........................     397

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 29 CFR 1911.1 refers 
                       to title 29, part 1911, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2022), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, 
or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected].

SALES

    The Government Publishing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll-free, 
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2104, 24 hours a day. For payment by check, 
write to: US Government Publishing Office - New Orders, P.O. Box 979050, 
St. Louis, MO 63197-9000.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers of the Presidents of the United 
States, Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format via www.govinfo.gov. For 
more information, contact the GPO Customer Contact Center, U.S. 
Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-
free). E-mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) website for public 
law numbers, Federal Register finding aids, and related information. 
Connect to NARA's website at www.archives.gov/federal-register.
    The eCFR is a regularly updated, unofficial editorial compilation of 
CFR material and Federal Register amendments, produced by the Office of 
the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

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







[[Page ix]]



                               THIS TITLE

    Title 29--Labor is composed of nine volumes. The parts in these 
volumes are arranged in the following order: Parts 0-99, parts 100-499, 
parts 500-899, parts 900-1899, part 1900-Sec.  1910.999, part 1910.1000-
end of part 1910, parts 1911-1925, part 1926, and part 1927 to end. The 
contents of these volumes represent all current regulations codified 
under this title as of July 1, 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, Kenneth R. Payne 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 1911 to 1925)

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

          SUBTITLE B--Regulations Relating to Labor (Continued)

                                                                    Part

chapter xvii--Occupational Safety and Health Administration, 
  Department of Labor (Continued)...........................        1911

[[Page 3]]

          Subtitle B--Regulations Relating to Labor (Continued)

[[Page 5]]



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




  --------------------------------------------------------------------
Part                                                                Page
1911            Rules of procedure for promulgating, 
                    modifying, or revoking occupational 
                    safety or health standards..............           7
1912            Advisory committees on standards............          11
1912a           National Advisory Committee on Occupational 
                    Safety and Health.......................          20
1913            Rules of agency practice and procedure 
                    concerning OSHA access to employee 
                    medical records.........................          23
1915            Occupational safety and health standards for 
                    shipyard employment.....................          29
1917            Marine terminals............................         226
1918            Safety and health regulations for 
                    longshoring.............................         282
1919            Gear certification..........................         337
1920            Procedure for variations from safety and 
                    health regulations under the 
                    Longshoremen's and Harbor Workers' 
                    Compensation Act........................         355
1921            Rules of practice in enforcement proceedings 
                    under section 41 of the Longshoremen's 
                    and Harbor Workers' Compensation Act....         356
1922            Investigational hearings under section 41 of 
                    the Longshoremen's and Harbor Workers' 
                    Compensation Act........................         362
1924            Safety standards applicable to workshops and 
                    rehabilitation facilities assisted by 
                    grants..................................         363
1925            Safety and health standards for Federal 
                    service contracts.......................         363

[[Page 7]]



PART 1911_RULES OF PROCEDURE FOR PROMULGATING, MODIFYING, OR REVOKING 
OCCUPATIONAL SAFETY OR HEALTH STANDARDS--Table of Contents



Sec.
1911.1 Purpose and scope.
1911.2 Definitions.
1911.3 Petition for the promulgation, modification, or revocation of a 
          standard.
1911.4 Additional or alternative procedural requirements.
1911.5 Minor changes in standards.

                       Commencement of Rulemaking

1911.10 Construction standards.
1911.11 Other standards.
1911.12 Emergency standards.

                                Hearings

1911.15 Nature of hearing.
1911.16 Powers of presiding officer.
1911.17 Certification of the record of a hearing.
1911.18 Decision.

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 
(29 U.S.C. 653, 655, 657); secs. 1, 4, Walsh-Healey Public Contracts Act 
(41 U.S.C. 35, 38); secs. 2, 4, Service Contracts Act of 1965 (41 U.S.C. 
351, 353); sec. 107, Contract Work Hours and Safety Standards Act 
(Construction Safety Act) (40 U.S.C. 333); sec. 41, Longshoremen's and 
Harbor Workers' Compensation Act (33 U.S.C. 941); sec. 5(j)(2), National 
Foundation on Arts and Humanities Act (20 U.S.C. 954(j)(2)); 5 U.S.C. 
553; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), or 9-83 (48 FR 35736), as applicable. Sections 1911.12 and 
1911.18 also issued under 29 CFR part 1911.

    Source: 36 FR 17507, Sept. 1, 1971, unless otherwise noted.



Sec.  1911.1  Purpose and scope.

    This part sets forth rules of procedure for promulgating, modifying, 
or revoking occupational safety or health standards under section 6(b) 
(1), (2), (3), and (4) of the Williams-Steiger Occupational Safety and 
Health Act of 1970 and under any of the particular statutes listed in 
Sec.  1911.2(d) which may also cover the employments affected by the 
standards. The purpose of the rules is to provide for single proceedings 
in the setting of standards under the several statutes, in order to 
assure uniformity of the standards to be enforced under the several 
statutes and in order to avoid needless multiplicity of rulemaking 
proceedings dealing with the same subjects and issues relating to 
occupational safety and health standards.



Sec.  1911.2  Definitions.

    As used in this part, unless the context clearly requires 
otherwise--
    (a) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    (b) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970 (84 Stat. 1590; 29 U.S.C. 650).
    (c) Standard means an occupational safety and health standard which 
requires conditions, or the adoption or use of one or more practices, 
means, methods, operations, or processes, reasonably necessary or 
appropriate to provide safe or healthful employment and places of 
employment, and which is to be promulgated, modified, or revoked in 
accordance with section 6(b) (1), (2), (3), and (4) of the Act.
    (d) Particular statute means any of the following statutes of 
particular application: The Act of June 30, 1936, commonly known as the 
Walsh-Healey Public Contracts Act (41 U.S.C. 35 et seq.), the Service 
Contract Act of 1965 (41 U.S.C. 351 et seq.), the Construction Safety 
Act (40 U.S.C. 333), the Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941), or the National Foundation on Arts and Humanities 
Act (20 U.S.C. 951 et seq.).



Sec.  1911.3  Petition for the promulgation, modification, or revocation
of a standard.

    Any interested person may file with the Assistant Secretary, 
Occupational Safety and Health Administration, U.S. Department of Labor, 
Washington, D.C. 20210, a written petition for the promulgation, 
modification, or revocation of a standard. The petition should include, 
or be accompanied by, the proposed rule desired and a statement of the 
reasons therefor and intended effect thereof.



Sec.  1911.4  Additional or alternative procedural requirements.

    Upon reasonable notice to interested persons, the Assistant 
Secretary may in any particular proceeding prescribe additional or 
alternative procedural requirements:

[[Page 8]]

    (a) In order to expedite the conduct of the proceeding;
    (b) In order to provide greater procedural protection to interested 
persons whenever it is found necessary or appropriate to do so; or
    (c) For any other good cause which may be consistent with the 
applicable laws.



Sec.  1911.5  Minor changes in standards.

    Section 6(b), when construed in light of the rulemaking provisions 
of the Administrative Procedure Act (5 U.S.C. 553), is read as 
permitting the making of minor rules or amendments in which the public 
is not particularly interested without the notice and public procedure 
which is otherwise required. Whenever such a minor rule or amendment is 
adopted, it shall incorporate a finding of good cause to this effect for 
not providing notice and public procedure.

[37 FR 8664, Apr. 29, 1972]

                       Commencement of Rulemaking



Sec.  1911.10  Construction standards.

    The Assistant Secretary may promulgate, modify, or revoke a standard 
applicable to employments in construction work, as defined in Sec.  
1910.12(b) of this chapter, in the following manner:
    (a) The Assistant Secretary shall consult with the Advisory 
Committee on Construction Safety and Health, established pursuant to 
section 107 of the Contract Work Hours and Safety Standards Act, in the 
formulation of a rule to promulgate, modify, or revoke a standard. The 
Assistant Secretary shall provide the committee with any proposal of his 
own or the Secretary of Health, Education, and Welfare, together with 
all pertinent factual information available to him, including the 
results of research, demonstrations, and experiments. The committee 
shall submit to the Assistant Secretary its recommendations regarding 
the rule to be promulgated within the period prescribed by the Assistant 
Secretary, which in no event shall be longer than 270 days from the date 
of initial consultation.
    (b) Within 60 days after the submission of the committee's 
recommendations or after the expiration of the period prescribed for 
such submissions, whichever date is earlier, the Assistant Secretary, if 
he determines that a rule should be issued, shall publish in the Federal 
Register a notice of proposed rulemaking. The notice shall include:
    (1) The terms of the proposed rule;
    (2) A reference to section 6(b) of the Act and to section 107 of the 
Contract Work Hours and Safety Standards Act;
    (3) An invitation to interested persons to submit within 30 days 
after publication of the notice written data, views, and arguments, 
which shall be available for public inspection and copying, except as to 
matters the disclosure of which is prohibited by law;
    (4) The time and place for an informal hearing to be commenced not 
earlier than 10 days following the end of the period for written 
comments;
    (5) A requirement for the filing of an intention to appear at the 
hearing, together with a statement of the position to be taken with 
regard to the proposed rule and of the evidence to be adduced in support 
of the position;
    (6) Designation of a presiding officer to conduct the hearing; and
    (7) Any other appropriate provisions pertinent to the proceeding.
    (c) Any interested person who files an intention to appear in 
accordance with paragraph (b) of this section shall have a right to 
participate at the informal hearing.
    (d) In lieu of the procedure prescribed in paragraph (b) of this 
section, the Assistant Secretary may follow the procedure prescribed in 
paragraph (b) of Sec.  1911.11 providing an opportunity for informal 
hearing.

[36 FR 17507, Sept. 1, 1971, as amended at 37 FR 12231, June 21, 1972]



Sec.  1911.11  Other standards.

    The Assistant Secretary may promulgate, modify, or revoke a standard 
applicable to employments other than those in construction work, as 
defined in Sec.  1910.12(b) of this chapter, in the following manner:
    (a) The Assistant Secretary may request the recommendations of an 
advisory committee appointed under section 7 of the Act. In such event, 
the Assistant Secretary shall submit to the committee any proposal of 
his own or of the Secretary of Health, Education,

[[Page 9]]

and Welfare, together with all pertinent factual information available 
to him, including the results of research, demonstrations, and 
experiments. The committee shall submit to the Assistant Secretary its 
recommendations regarding the rule to be promulgated within the period 
prescribed by the Assistant Secretary, which in no event shall be longer 
than 270 days.
    (b) The Assistant Secretary shall publish in the Federal Register a 
notice of proposed rulemaking. Where an advisory committee has been 
consulted and the Assistant Secretary determines that a rule should be 
issued, the notice shall be published within 60 days after the 
submission of the committee's recommendations or the expiration of the 
period prescribed for such submissions, whichever date is earlier. The 
notice shall include:
    (1) The terms of the proposed rule;
    (2) A reference to section 6(b) of the Act and to the appropriate 
section of any particular statute applicable to the employments affected 
by the rule;
    (3) An invitation to interested persons to submit within 30 days 
after publication of the notice written data, views, and arguments, 
which shall be available for public inspection and copying, except as to 
matters the disclosure of which is prohibited by law;
    (4) Either the time and place of an informal hearing on the proposed 
rule to be held not earlier than 10 days from the last day of the period 
for written comments, or information to interested persons that they may 
file on or before the 30th day after publication of the notice written 
objections to the proposed rule meeting the requirements of paragraph 
(c) of this section and request an informal hearing on the objections; 
and
    (5) Any other appropriate provisions with regard to the proceeding.
    (c) Objections to be submitted pursuant to paragraph (b) of this 
section shall comply with the following conditions:
    (1) The objections must include the name and address of the 
objector;
    (2) The objections must be postmarked on or before the 30th day 
after the date of publication of the notice of proposed rulemaking;
    (3) The objections must specify with particularity the provision of 
the proposed rule to which objection is taken, and must state the 
grounds therefor;
    (4) Each objection must be separately stated and numbered; and
    (5) The objections must be accompanied by a summary of the evidence 
proposed to be adduced at the requested hearing.
    (d) Within 30 days after the last day for filing objections, if 
objections are filed in substantial compliance with paragraph (c) of 
this section, the Assistant Secretary shall, and in any other case may, 
publish in the Federal Register a notice of informal hearing. The notice 
shall contain:
    (1) A statement of the time, place, and nature of the hearing;
    (2) A reference to the authority under which the hearing is to be 
held;
    (3) A specification of the provisions of the proposed rule which 
have been objected to, and on which an informal hearing has been 
requested;
    (4) A specification of the issues on which the hearing is to be had, 
which shall include at least all the issues raised by any objections 
properly filed, on which a hearing has been requested;
    (5) The requirement for the filing of an intention to appear at the 
hearing together with a statement of the position to be taken with 
regard to the issues specified and of the evidence to be adduced in 
support of the position;
    (6) The designation of a presiding officer to conduct the hearing; 
and
    (7) Any other appropriate provisions with regard to the proceeding.
    (e) Any objector requesting a hearing on proposed rule, and any 
interested person who files a proper intention to appear shall be 
entitled to participate at a hearing.



Sec.  1911.12  Emergency standards.

    (a)(1) Whenever an emergency standard is published pursuant to 
section 6(c) of the Act, the Assistant Secretary must commence a 
proceeding under section 6(b) of the Act, and the standard as published 
must serve as a proposed rule. Any notice of proposed rulemaking shall 
also give notice of any appropriate subsidiary proposals.
    (2) An emergency standard promulgated pursuant to section 6(c) of 
the

[[Page 10]]

Act shall be considered issued at the time when the standard is 
officially filed in the Office of the Federal Register. The time of 
official filing in the Office of the Federal Register is established for 
the purpose of determining the prematurity, timeliness, or lateness of 
petitions for judicial review.
    (b) If the Assistant Secretary wishes to consult an advisory 
committee on any of the proposals as permitted by section 7(b) of the 
Act, he shall afford interested persons an opportunity to inspect and 
copy any recommendations of the advisory committee within a reasonable 
time before the commencement of any informal hearing which may be held 
under this part, or before the termination of the period for the 
submission of written comments whenever an informal hearing is not 
initially noticed under Sec.  1910.11(b)(4) of this chapter.
    (c) Section 6(c) requires that any standard must be promulgated 
following the rulemaking proceeding within 6 months after the 
publication of the emergency standard. Because of the shortness of this 
period, the conduct of the proceeding shall be expedited to the extent 
practicable.

[37 FR 8664, Apr. 29, 1972, as amended at 42 FR 65166, Dec. 30, 1977]

                                Hearings



Sec.  1911.15  Nature of hearing.

    (a)(1) The legislative history of section 6 indicates that Congress 
intended informal rather than formal rulemaking procedures to apply. See 
the Conference Report, H. Rept. No. 91-1765, 91st Cong., second sess., 
34 (1970). The informality of the proceedings is also suggested by the 
fact that section 6(b) permits the making of a decision on the basis of 
written comments alone (unless an objection to a rule is made and a 
hearing is requested), the use of advisory committees, and the inherent 
legislative nature of the tasks involved. For these reasons, the 
proceedings pursuant to Sec.  1911.10 or Sec.  1911.11 shall be 
informal.
    (2) Section 6(b)(3) provides an opportunity for a hearing on 
objections to proposed rulemaking, and section 6(f) provides in 
connection with the judicial review of standards, that determinations of 
the Secretary shall be conclusive if supported by substantial evidence 
in the record as a whole. Although these sections are not read as 
requiring a rulemaking proceeding within the meaning of the last 
sentence of 5 U.S.C. 553(c) requiring the application of the formal 
requirements of 5 U.S.C. 556 and 557, they do suggest a congressional 
expectation that the rulemaking would be on the basis of a record to 
which a substantial evidence test, where pertinent, may be applied in 
the event an informal hearing is held.
    (3) The oral hearing shall be legislative in type. However, fairness 
may require an opportunity for cross-examination on crucial issues. The 
presiding officer is empowered to permit cross- examination under such 
circumstances. The essential intent is to provide an opportunity for 
effective oral presentation by interested persons which can be carried 
out with expedition and in the absence of rigid procedures which might 
unduly impede or protract the rulemaking process.
    (b) Although any hearing shall be informal and legislative in type, 
this part is intended to provide more than the bare essentials of 
informal rulemaking under 5 U.S.C. 553. The additional requirements are 
the following:
    (1) The presiding officer shall be a hearing examiner appointed 
under 5 U.S.C. 3105.
    (2) The presiding officer shall provide an opportunity for cross-
examination on crucial issues.
    (3) The hearing shall be reported verbatim, and a transcript shall 
be available to any interested person on such terms as the presiding 
officer may provide.

[37 FR 8664, Apr. 29, 1972, as amended at 37 FR 12231, June 21, 1972]



Sec.  1911.16  Powers of presiding officer.

    The officer presiding at a hearing shall have all the powers 
necessary or appropriate to conduct a fair and full hearing, including 
the powers:
    (a) To regulate the course of the proceedings;
    (b) To dispose of procedural requests, objections, and comparable 
matters;
    (c) To confine the presentations to the issues specified in the 
notice of

[[Page 11]]

hearing, or, where no issues are specified, to matters pertinent to the 
proposed rule;
    (d) To regulate the conduct of those present at the hearing by 
appropriate means;
    (e) In his discretion, to permit cross- examination of any witness;
    (f) To take official notice of material facts not appearing in the 
evidence in the record, so long as parties are entitled, on timely 
request, to an opportunity to show the contrary; and
    (g) In his discretion, to keep the record open for a reasonable, 
stated time to receive written recommendations, and supporting reasons, 
and additional data, views, and arguments from any person who has 
participated in the oral proceeding.



Sec.  1911.17  Certification of the record of a hearing.

    Upon completion of the oral presentations, the transcript thereof, 
together with written submissions on the proposed rule, exhibits filed 
during the hearing, and all posthearing comments, recommendations, and 
supporting reasons shall be certified by the officer presiding at the 
hearing to the Assistant Secretary.



Sec.  1911.18  Decision.

    (a)(1) Within 60 days after the expiration of the period provided 
for the submission of written data, views, and arguments on a proposed 
rule on which no hearing is held, or within 60 days after the 
certification of the record of a hearing, the Assistant Secretary shall 
publish in the Federal Register either an appropriate rule promulgating, 
modifying, or revoking a standard, or a determination that such a rule 
should not be issued. The action of the Assistant Secretary shall be 
taken after consideration of all relevant matter presented in written 
submissions and in any hearings held under this part.
    (2) A determination that a rule should not be issued on the basis of 
existing relevant matter may be accompanied by an invitation for the 
submission of additional data, views, or arguments from interested 
persons on the issue or issues involved. In which event, an appropriate 
rule or other determination shall be made within 60 days following the 
end of the period allowed for the submission of the additional comments.
    (b) Any rule or standard adopted under paragraph (a) of this section 
shall incorporate a concise general statement of its basis and purpose. 
The statement is not required to include specific and detailed findings 
and conclusions of the kind customarily associated with formal 
proceedings. However, the statement will show the significant issues 
which have been faced, and will articulate the rationale for their 
solution.
    (c) Where an advisory committee has been consulted in the 
formulation of a proposed rule, the Assistant Secretary may seek the 
advice of the advisory committee as to the disposition of the 
proceeding. In giving advice to the Assistant Secretary, an advisory 
committee shall consider all matter presented to the Assistant 
Secretary. The advice of an advisory committee shall take the form of 
written recommendations to be submitted to the Assistant Secretary 
within a period to be prescribed by him. When the recommendations are 
contained in the transcript of the meeting of an advisory committee, 
they shall be summary in form. See Sec. Sec.  1912.33 and 1912.34 of 
this chapter.
    (d) A rule promulgating, modifying, or revoking a standard, or a 
determination that a rule should not be promulgated, shall be considered 
issued at the time when the rule or determination is officially filed in 
the Office of the Federal Register. The time of official filing in the 
Office of the Federal Register is established for the purpose of 
determining the prematurity, timeliness, or lateness of petitions for 
judicial review.

[37 FR 8665, Apr. 29, 1972, as amended at 42 FR 65166, Dec. 30, 1977]



PART 1912_ADVISORY COMMITTEES ON STANDARDS--Table of Contents



Sec.
1912.1 Purpose and scope.

                         Organizational Matters

1912.2 Types of standards advisory committees.

[[Page 12]]

1912.3 Advisory Committee on Construction Safety and Health.
1912.4 Avoidance of duplication.
1912.5 National Advisory Committee on Occupational Safety and Health.
1912.6 Conflict of interest.
1912.7 Reports.
1912.8 Committee charters.
1912.9 Representation on section 7(b) committees.
1912.10 Terms of continuing committee members.
1912.11 Terms of ad hoc committee members.
1912.12 Termination of advisory committees; renewal.
1912.13 Maritime Advisory Committee on Occupational Safety and Health.

                    Operation of Advisory Committees

1912.25 Call of meetings.
1912.26 Approval of agenda.
1912.27 Notice of meetings.
1912.28 Contents of notice.
1912.29 Attendance by members.
1912.30 Quorum; committee procedure.
1912.31 Experts and consultants.
1912.32 Presence of OSHA officer or employee.
1912.33 Minutes.
1912.34 Freedom of Information Act.
1912.35 Availability and cost of transcripts.
1912.36 Advice of advisory committees.

                              Miscellaneous

1912.40 General services.
1912.41 Legal services.
1912.42 Reservation.
1912.43 Petitions for changes in the rules; complaints.
1912.44 Definitions.

    Authority: 29 U.S.C. 653, 655, 656, 657; 5 U.S.C. 553; 5 U.S.C. App. 
2; 40 U.S.C. 333; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-
76 (41 FR 25059), 9-83 (48 FR 35736), 3-2000 (65 FR 50017), or 8-2020 
(85 FR 58393), as applicable.

    Source: 38 FR 28035, Oct. 11, 1973, unless otherwise noted.



Sec.  1912.1  Purpose and scope.

    (a) This part prescribes the policies and procedures governing the 
composition and functions of advisory committees which have been, or may 
be, appointed under section 7(b) of the Occupational Safety and Health 
Act of 1970 (the Act) to assist the Assistant Secretary in carrying out 
the standards-setting duties of the Secretary of Labor under section 6 
of the Act. Such committees are specifically authorized by section 7(b). 
This part also prescribes the policies and procedures governing the 
composition and functions of the:
    (1) Advisory Committee on Construction Safety and Health; and
    (2) Maritime Advisory Committee on Occupational Safety and Health.
    (b) The policies and practices herein are intended to reflect those 
expressed in the Federal Advisory Committee Act (Pub. L. 92-463, 86 
Stat. 770) and will be applied in a manner consistent with the Act, 
Office of Management and Budget Circular A-63, ``Committee Management'', 
and the Department of Labor's general rules under that Act which are 
published in part 15 of this title.

[38 FR 28035, Oct. 11, 1973, as amended at 85 FR 73423, Nov. 18, 2020]

                         Organizational Matters



Sec.  1912.2  Types of standards advisory committees.

    The Assistant Secretary establishes two types of advisory committees 
under section 7(b) of the Act to assist him in his standards-setting 
duties. These are:
    (a) Continuing committees which have been, or may be established 
from time to time, to assist in the development of standards in areas 
where there is frequent rulemaking and the use of ad hoc committees is 
impractical; and
    (b) Ad hoc committees which are established to render advice in 
particular rulemaking proceedings.



Sec.  1912.3  Advisory Committee on Construction Safety and Health.

    (a) This part applies to the Advisory Committee on Construction 
Safety and Health which has been established under section 107 of the 
Contract Work Hours and Safety Standards Act (40 U.S.C. 333), commonly 
known as the Construction Safety Act. The aforesaid section 107 requires 
the Secretary of Labor to seek the advice of the Advisory Committee in 
formulating construction standards thereunder. The standards which have 
been issued under section 107 are published in part 1926 of this 
chapter. In view of the far-reaching coverage of the Construction Safety 
Act, the myriad of standards which may be issued thereunder, and

[[Page 13]]

the fact that the Construction Safety Act would also apply to much of 
the work which is covered by the Williams-Steiger Occupational Safety 
and Health Act of 1970, whenever occupational safety or health standards 
for construction activities are proposed, the Assistant Secretary shall 
consult the Advisory Committee. The composition of the Advisory 
Committee is consistent with that of advisory committees which may be 
appointed under section 7(b) of the Act. See paragraph (c) of this 
section. An additional advisory committee will not normally be 
established under section 7(b) of the Act, unless the issue or issues 
involved include, but extend beyond construction activity. See Sec.  
1912.4 concerning the general policy against duplication of activity by 
advisory committees.
    (b) The Advisory Committee is a continuing advisory body. It is 
composed of 15 members appointed by the Assistant Secretary, one of whom 
is appointed by him as Chairman. The composition of the Advisory 
Committee is as follows:
    (1) One member who is a designee of the Secretary of Health, 
Education, and Welfare;
    (2) Five members who are qualified by experience and affiliation to 
present the viewpoint of the employers involved, and five members who 
are similarly qualified to present the viewpoint of the employees 
involved;
    (3) Two representatives of State safety and health agencies; and
    (4) Two members who are qualified by knowledge and experience to 
make a useful contribution to the work of the Committee.
    (c) As originally constituted, the Advisory Committee was composed 
of nine members. However, pursuant to section 105 of the Contract Work 
Hours and Safety Standards Act (40 U.S.C. 331), it has been found 
necessary and proper in the public interest and in order to prevent 
possible injustice, to vary the composition of the Advisory Committee:
    (1) By having its membership and representation conform to the 
provisions of section 7(b) of the Williams-Steiger Occupational Safety 
and Health Act, and
    (2) By increasing its membership to 15 members as permitted under 
the aforementioned section 7(b).


Greater membership and greater representation serve the public interest 
and avoids possible injustice by permitting for the most part the use of 
one advisory committee, rather than possibly several advisory 
committees, in situations where both the Contract Work Hours and Safety 
Standards Act and the Williams-Steiger Occupational Safety and Health 
Act may be expected to apply to construction activity and by affording a 
greater opportunity for representation on the Advisory Committee within 
the construction industry.
    (d) See paragraph (c) of Sec.  1912.5 regarding the general policy 
role of the Advisory Committee.
    (e) Except as provided in paragraphs (f) through (j) of this 
section, each member of the Advisory Committee shall serve for a period 
of 2 years. Appointment of a member to the Committee for a fixed time 
period shall not affect the authority of the Secretary to remove, in his 
or her discretion, any member at any time. If a member resigns or is 
removed before his or her term expires, the Secretary of Labor may 
appoint for the remainder of the unexpired term a new member who shall 
represent the same interest as his or her predecessor.
    (f) The designee of the Secretary of Health, Education, and Welfare 
shall have no fixed term.
    (g) To provide for continuity in the membership of the Committee, 
the terms of the members may be appropriately staggered.
    (h) Members may be appointed to successive terms.
    (i) A member who is otherwise qualified may continue to serve until 
a successor is appointed.
    (j) There shall be filed on behalf of the Advisory Committee on 
Construction Safety and Health, an advisory committee established by the 
Construction Safety Act, a charter in accordance with section 9(c) of 
the Federal Advisory Committee Act upon the expiration of each 
successive 2-year period following the date of enactment of

[[Page 14]]

the Construction Safety Act (i.e., August 9, 1969).

[38 FR 28035, Oct. 11, 1973, as amended at 67 FR 659, Jan. 7, 2002]



Sec.  1912.4  Avoidance of duplication.

    No standards advisory committee shall be created if its duties are 
being, or could be, performed by an existing advisory committee 
established under section 7(b) of the Act.



Sec.  1912.5  National Advisory Committee on Occupational Safety and Health.

    (a) Section 7(a) of the Act established a National Advisory 
Committee on Occupational Safety and Health. The Committee is to advise, 
consult with, and make recommendations to the Secretary and the 
Secretary of Health, Education, and Welfare on matters relating to 
general administration of the Act.
    (b) Advisory committees appointed under section 7(b) of the Act, 
which are the subject of this part, have a more limited role. Such 
advisory committees are concerned exclusively with assisting the 
Assistant Secretary in his standards-setting functions under section 6 
of the Act.
    (c) On the other hand, the Advisory Committee on Construction Safety 
and Health, established under the Construction Safety Act, provides 
assistance in both the setting of standards thereunder and policy 
matters arising in the administration of the Construction Safety Act. To 
the extent that the Advisory Committee on Construction Safety and Health 
renders advice to the Assistant Secretary on general policy matters, its 
activities should be coordinated with those of the National Advisory 
Committee on Occupational Safety and Health.



Sec.  1912.6  Conflict of interest.

    No members of any advisory committee other than members representing 
employers or employees shall have an economic interest in any proposed 
rule.



Sec.  1912.7  Reports.

    The Assistant Secretary shall prepare, or cause to be prepared, for 
the Department of Labor's Committee Management Officer reports 
describing the committee's membership, functions, and actions as may be 
necessary for the performance of the duties of the Committee Management 
officer.



Sec.  1912.8  Committee charters.

    (a) Filing. No advisory committee shall take any action or conduct 
any business subsequent to January 5, 1973, until a committee charter 
has been filed with the Secretary of Labor, the standing committees of 
the Congress having legislative jurisdiction of the Department of Labor 
and the Library of Congress.
    (b) Committee charter information. Each Advisory committee charter 
shall contain the following information:
    (1) The committee's official designation;
    (2) The committee's objectives and scope of activity; i.e., the 
standard or standards to be developed;
    (3) The period of time necessary for the committee to carry out its 
purposes;
    (4) The agency to whom the advisory committee reports (i.e., the 
Assistant Secretary);
    (5) The agency responsible for providing support (i.e., the 
Occupational Safety and Health Administration);
    (6) Description of the committee's duties;
    (7) The estimated number and frequency of committee meetings;
    (8) The estimated annual operating costs in dollars and man-years;
    (9) The committee's termination date or other fixed period of 
termination, if less than 2 years (see Sec.  1912.3(j) concerning the 
Advisory Committee on Construction Safety and Health); and
    (10) The date the charter is filed with the Department of Labor's 
Committee Management Officer.
    (c) Applicability of this section to subgroups The applicability of 
this section to subgroups of an advisory committee depends upon the 
nature of the subgroup. With regard to formal subgroups, such as a 
formal subcommittee of an advisory committee, the requisite information 
should be set forth either in the charter of the parent committee or in 
a separate charter. Informal subgroups of an advisory committee, 
particularly those temporary in nature,

[[Page 15]]

need not be reflected expressly in a charter.
    (d) The Assistant Secretary shall file each charter with the 
Department's Committee Management Officer.



Sec.  1912.9  Representation on section 7(b) committees.

    (a) Any advisory committee appointed by the Assistant Secretary 
under section 7(b) of the Act shall contain the following:
    (1) At least one member who is a designee of the Secretary of 
Health, Education, and Welfare;
    (2) At least one member who is qualified by experience and 
affiliation to present the viewpoint of the employers involved, and at 
least one member who is similarly qualified to present the viewpoint of 
the employees involved. There shall be an equal number of 
representatives of employers and employees involved; and
    (3) At least one representative of State health and safety agencies.
    (b) The advisory committee may include such other persons as the 
Assistant Secretary may appoint who are qualified by knowledge and 
experience to make a useful contribution to the work of the committee, 
including one or more representatives of professional organizations of 
technicians or professionals specializing in occupational safety or 
health and one or more persons of nationally recognized standards-
producing organizations, but the number of persons so appointed shall 
not exceed the number of persons appointed as representatives of Federal 
and State agencies.
    (c) Each committee shall consist of not more than 15 members.
    (d) The representation in the Advisory Committee on Construction 
Safety and Health is described in Sec.  1912.3.



Sec.  1912.10  Terms of continuing committee members.

    (a) Each member of a continuing committee established under section 
7(b) of the Act, other than those appointed to a committee when it is 
formed initially shall serve for a period of 2 years. Appointment of a 
member to the Committee for a fixed time period shall not affect the 
authority of the Secretary to remove, in his or her discretion, any 
member at any time. If a member resigns or is removed before his or her 
term expires, the Secretary of Labor may appoint for the remainder of 
the unexpired term a new member who shall represent the same interest as 
his or her predecessor.
    (b) To provide for continuity in the membership of continuing 
committees the initial appointments of its members may be varied. For 
example, in the case of a 15-member committee, the Assistant Secretary 
could appoint two members representing Federal and State agencies, two 
members representing employers, two members representing employees, and 
two members representing other interests to one year terms. He could 
appoint two members representing Federal and State agencies, two members 
representing employers, two members representing employees, and one 
member representing other interests for two year terms. Thereafter, at 
the expiration of such terms, members would be appointed or reappointed 
for regular terms of two years. The initial appointments to committees 
with fewer than 15 members could be similarly varied.

[38 FR 28035, Oct. 11, 1973, as amended at 67 FR 659, Jan. 7, 2002]



Sec.  1912.11  Terms of ad hoc committee members.

    Each member of an ad hoc advisory committee shall serve for such 
period as the Assistant Secretary may prescribe in his notice of 
appointment. Appointment of a member to the Committee for a fixed time 
period shall not affect the authority of the Secretary to remove, in his 
or her discretion, any member at any time. If a member resigns or is 
removed before his or her term expires, the Secretary of Labor may 
appoint a new member to serve for the remaining portion of the period 
prescribed in the notice appointing the original member of the 
committee.

[67 FR 659, Jan. 7, 2002]



Sec.  1912.12  Termination of advisory committees; renewal.

    (a) Every standards advisory committee established under section 
7(b) of the Act shall terminate not later than 2 years after its charter 
has been filed,

[[Page 16]]

unless its charter is renewed by appropriate action for a successive 
period of not more than 2 years. The procedure for renewal shall be the 
same as that specified in paragraph (b) of this section.
    (b) Each advisory committee established under section 7(b) of the 
Act which is in existence on January 5, 1973, shall terminate by January 
5, 1975, unless it is renewed before the latter date. Before any 
advisory committee can be renewed, the Assistant Secretary must 
determine that such renewal is necessary, and so inform the Department 
of Labor's Committee Management Officer. The OMB Secretariat must be 
informed of this determination and the reasons for it. Such 
determination shall be made not more than 60 days before the scheduled 
date of termination. If the OMB Secretariat concurs, a new charter shall 
be filed renewing the advisory committee and a notice of the renewal 
shall be published in the Federal Register.
    (c) Unless provided otherwise by the Assistant Secretary, the 
duration of a subgroup of a committee shall not be longer than that of 
the parent committee.
    (d) No advisory committee required to file a new charter under this 
section shall take any action (other than the preparation and filing of 
charter) before the date on which the charter is filed.



Sec.  1912.13  Maritime Advisory Committee on Occupational Safety and Health.

    (a) This section applies to the Maritime Advisory Committee on 
Occupational Safety and Health, which has been established under section 
3510 of the National Defense Authorization Act (Pub. L. 116-92, December 
20, 2019) to advise the Secretary of Labor in formulating maritime 
industry standards and regarding matters pertaining to the 
administration of this Act related to the maritime industry. The 
composition of the Maritime Advisory Committee on Occupational Safety 
and Health is consistent with that of advisory committees which may be 
appointed under section 7(b) of the Act. See paragraph (c) of this 
section. An additional advisory committee covering these duties will not 
normally be established under section 7(b) of the Act, unless the issue 
or issues involved extend beyond maritime activity. See Sec.  1912.4 
concerning the general policy against duplication of activity by 
advisory committees.
    (b) The Maritime Advisory Committee on Occupational Safety and 
Health is a continuing advisory body. It is composed of 15 members 
appointed by the Secretary, one of whom is appointed as Chair. The 
composition of the Advisory Committee is as follows:
    (1) One member who is a designee of the Secretary of Health and 
Human Services;
    (2) At least one member who is qualified by experience and 
affiliation to present the viewpoint of the employers involved, and at 
least one member who is similarly qualified to present the viewpoint of 
the employees involved. There shall be an equal number of 
representatives of employers and employees involved; and
    (3) At least one representative of state health and safety agencies.
    (4) The Maritime Advisory Committee on Occupational Safety and 
Health may include such other persons as the Secretary may appoint who 
are qualified by knowledge and experience to make a useful contribution 
to the work of the committee, including one or more representatives of 
professional organizations of technicians or professionals specializing 
in occupational safety or health and one or more persons of nationally 
recognized standards-producing organizations, but the number of persons 
so appointed shall not exceed the number of persons appointed as 
representatives of Federal and state agencies.
    (c) Each member of the Maritime Advisory Committee on Occupational 
Safety and Health shall serve for a period of two years. Appointment of 
a member to the Committee for a fixed time period shall not affect the 
authority of the Secretary to remove, in his or her discretion, any 
member at any time. If a member resigns or is removed before his or her 
term expires, the Secretary of Labor may appoint for the remainder of 
the unexpired term a new member who shall represent the same interest as 
his or her predecessor.

[[Page 17]]

    (d) Members may be appointed to successive terms.
    (e) A member who is otherwise qualified may continue to serve until 
a successor is appointed.
    (f) There shall be filed on behalf of the Maritime Advisory 
Committee on Occupational Safety and Health a charter in accordance with 
the Federal Advisory Committee Act upon the expiration of each 
successive two-year period.

[85 FR 73423, Nov. 18, 2020]

                    Operation of Advisory Committees



Sec.  1912.25  Call of meetings.

    No advisory committee shall hold any meeting except at the call of, 
or with the advance approval, of the Assistant Secretary or his 
representative designated for this purpose. The Department of Labor's 
Committee Management Officer shall be promptly informed of any meeting 
that is called.



Sec.  1912.26  Approval of agenda.

    Each meeting of an advisory committee shall be conducted in 
accordance with an agenda approved by the Assistant Secretary or his 
representative designated for this purpose. No particular form for the 
agency is prescribed.



Sec.  1912.27  Notice of meetings.

    Public notice of any meeting of an advisory committee shall be given 
by the officer or employee calling the meeting at least fifteen (15) 
days in advance of the meeting; except when it is impractical to do so, 
or in an emergency situation, in which event shorter advance notice may 
be given to the extent that any advance notice is practical. It shall, 
however, be a general policy to publish notices as far in advance of the 
meeting as circumstances will permit. Such notice shall be given by 
publication in the Federal Register. In addition, notice may be given by 
such other means as press releases.

[48 FR 23185, May 24, 1983]



Sec.  1912.28  Contents of notice.

    (a) The notice shall give the name of the committee, and the time 
and place of the meeting.
    (b) The notice shall describe fully or summarize adequately the 
agenda.
    (c) The notice shall announce that the meeting is open to the 
public.
    (d) The notice shall indicate that interested persons have an 
opportunity to file statements in written form with the committee. The 
notice may specify whether the statements are to be filed before or 
during the meeting.
    (1) The chairman may permit oral statements before the committee by 
interested persons. In exercising his discretion in this regard, the 
chairman shall take into consideration the number of persons in 
attendance, the nature and extent of their proposed individual 
participation, the extent to which presentations would anticipate 
presentations which may be made in any rulemaking proceeding under 
section 6 of the Act subsequent to the recommendations of the committee, 
and the time, resources, and facilities available to the committee. When 
counsel is made available to the committee, the chairman shall consult 
counsel before making a decision on whether to permit oral statements. 
In his discretion, the chairman, upon consultation with counsel if made 
available to the committee, may allow or preclude the questioning of 
committee members or other participants.
    (2) The person calling the meeting may provide in the notice of the 
meeting that summaries of any proposed oral presentations be filed in 
advance of the meeting, and may allow or preclude the questioning of 
committee members or other participants.



Sec.  1912.29  Attendance by members.

    Any person appointed by the Assistant Secretary to an advisory 
committee has a right to be present at any duly called meeting. If any 
person representing the interests of employers, employees, or the States 
is unable to be present at a duly called meeting, he may notify the 
Assistant Secretary or his designee, and request that another member of 
the Committee representing the same interests be permitted to vote in 
his place on any matters coming before the advisory committee in the 
particular meeting. The request may be oral or in writing, and shall be 
accompanied by a statement of reasons for

[[Page 18]]

the anticipated absence. The Assistant Secretary or his designee shall 
grant the request whenever he is convinced that the reasons for absence 
are valid and that number of requested proxies for any particular 
meeting will not be so numerous as to impede materially the 
deliberations of the advisory committee.



Sec.  1912.30  Quorum; committee procedure.

    (a) A majority of the members of any advisory committee, including 
the Construction Safety Advisory Committee, shall constitute a quorum, 
so long as there are present at least one member who is a representative 
of employees and one member who is a representative of employers.
    (b) In the absence of its chairman, the committee may designate a 
member to preside at any meeting thereof.



Sec.  1912.31  Experts and consultants.

    At the request of an advisory committee or the person calling a 
meeting of an advisory committee, the Assistant Secretary may make 
available to the committee any experts or consultants in the field 
involved. Any expert or consultant so made available may participate in 
the deliberations of the committee with the consent of the committee.



Sec.  1912.32  Presence of OSHA officer or employee.

    The meetings of all advisory committees shall be in the presence of 
an OSHA officer or employee designated for this purpose. Such officer or 
employee shall be empowered to adjourn any meeting whenever he 
determines adjournment to be in the public interest.



Sec.  1912.33  Minutes.

    (a) Detailed minutes of advisory committee meetings shall be 
prepared, as directed, and certified as accurate, by the Chairman of the 
committee. In addition to the minutes there shall be kept verbatim 
transcripts of all advisory committee meetings.
    (b) The minutes shall include at least the following:
    (1) A list of the advisory committee members and agency employees 
who were present at the meeting;
    (2) Any significant conclusions reached which are not 
recommendations;
    (3) Any written information made available for consideration by the 
committee, including copies of all reports received, issued, or approved 
by the committee;
    (4) Any recommendations made by the committee to the Assistant 
Secretary and the reasons therefor;
    (5) An explanation of the extent, if any, of public participation, 
including a list of interested persons who presented oral or written 
statements; and an estimate of the number of the members of the public 
who attended the meeting.



Sec.  1912.34  Freedom of Information Act.

    Subject to the Freedom of Information Act (5 U.S.C. 552) and part 70 
of this title and part 1913 of this chapter, there shall be available 
for public inspection and copying in the Office of Standards, 
Occupational Safety and Health Administration, documents which were made 
available to or prepared for or by each advisory committee.



Sec.  1912.35  Availability and cost of transcripts.

    Except where prohibited by contractual agreements entered into 
before the effective date of the Federal Advisory Committee Act (January 
5, 1973), any transcripts of advisory committee meetings are to be made 
available to any person at the actual cost of duplication.



Sec.  1912.36  Advice of advisory committees.

    (a) Approval by a majority of all members of an advisory committee 
is encouraged for rendering advice or making recommendations. However, a 
failure to marshal a majority of all members of an advisory committee 
shall not be a reason for not giving advice to the Assistant Secretary. 
The Assistant Secretary shall be informed of any concurring or 
dissenting views.

[[Page 19]]

    (b) An advisory committee shall submit to the Assistant Secretary 
its recommendations within 90 days from the date of its commencement of 
its assigned tasks, or within such longer or shorter period otherwise 
prescribed by the Assistant Secretary or one of his representatives. If 
a committee believes that it cannot submit its recommendations within 
the applicable period, its chairman may make a written request for an 
extension of time to the Director of the Office of Standards, before the 
expiration of the period. The Director of the Office of Standards may 
grant such a request, provided that the period of the extension or 
extensions, together with the original period for the submission of 
recommendations, is not longer than 270 days from the date the advisory 
committee commenced its assigned tasks.
    (c) In a case where an advisory committee has not submitted its 
recommendations by the end of the applicable period therefor, the 
Assistant Secretary may dissolve the committee and direct the immediate 
transmittal to him of any materials submitted to, or prepared by, the 
advisory committee.

                              Miscellaneous



Sec.  1912.40  General services.

    The Assistant Secretary shall provide supporting services to 
advisory committees. Such services shall include clerical, stenographic, 
and other forms of technical assistance.



Sec.  1912.41  Legal services.

    The Solicitor of Labor shall provide such legal assistance as may be 
necessary or appropriate for advisory committees to carry out their 
functions in accordance with the requirements of this part.



Sec.  1912.42  Reservation.

    The policies and procedures set forth in this part are intended for 
general application. In specific situations where the Assistant 
Secretary determines that different policies or procedures would better 
serve the objectives of the Act, such policies or procedures may be 
modified upon appropriate notice to any persons affected by the 
modification to the extent that such policies or procedures are 
consistent with the Federal Advisory Committee Act and OMB Circular A-
63, and are approved by the Solicitor under part 15 of this title.



Sec.  1912.43  Petitions for changes in the rules; complaints.

    (a) Each interested person shall have the right to petition for the 
issuance, amendment, or repeal of rules published in this part. Any such 
petition will be considered in a reasonable time. Prompt notice shall be 
given of the denial in whole or in part of any petition. Except in 
affirming a prior denial or when the denial is self-explanatory, the 
notice shall be accompanied by a brief statement of the reasons 
therefor.
    (b) Any advisory committee member or any other aggrieved person may 
file a written complaint with the Assistant Secretary alleging 
noncompliance with the rules in this part. Any complaint must be timely 
filed, but in no case shall any complaint be filed later than thirty 
(30) days following the act of alleged noncompliance. Any complaint 
shall be acted upon promptly and a written notice of the disposition of 
the complaint shall be provided to the complainant.



Sec.  1912.44  Definitions.

    As used in this part 1912, unless the context clearly requires 
otherwise:
    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970 (84 Stat. 1590; 29 U.S.C. 650).
    (b)(1) For purposes of implementing the Federal Advisory Committee 
Act, the term Advisory Committee has the same meaning as set forth in 
section 3 (2) thereof. Hence, the term includes subcommittees to the 
extent that the conduct of their meetings relates to matters regulated 
by the Federal Advisory Committee Act. Consistent with that definition 
as interpreted in Office of Management and Budget (OMB) Circular A-63, 
the term does not include informal subgroups having few characteristics 
of formal advisory committees.
    (2)(i) For purposes of the Act, the term means any committee 
appointed under section 7(b) thereof to provide advice to the Assistant 
Secretary in

[[Page 20]]

the development of occupational safety and health standards under the 
Act.
    (ii) The term also includes the Advisory Committee on Construction 
Safety and Health established under the Construction Safety Act.
    (c) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    (d) Committee charter means an order, statement or proclamation of 
the Assistant Secretary establishing, continuing, or using an advisory 
committee, as the case may be.
    (e) Construction Safety Act means section 107 of the Contract Work 
Hours and Safety Standards Act (83 Stat. 96; 40 U.S.C. 333).



PART 1912a_NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH-
-Table of Contents



Sec.
1912a.1 Purpose and scope.
1912a.2 Membership.
1912a.3 Terms of membership.
1912a.4 Meetings.
1912a.5 Advice and recommendations.
1912a.6 Quorum.
1912a.7 Notice of meetings.
1912a.8 Contents of notice.
1912a.9 Assistance to the committee.
1912a.10 Presence of OSHA officer or employee.
1912a.11 Minutes; transcript.
1912a.12 Charter.
1912a.13 Subcommittees and subgroups.
1912a.14 Petitions for changes in the rules; complaints.

    Authority: Secs. 4, 6, 7, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 656, 657); 5 U.S.C. 553; Federal Advisory 
Committee Act (5 U.S.C. App. 2); Secretary of Labor's Order No. 12-71 
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 3-2000 (65 FR 
50017), as applicable.

    Source: 38 FR 28934, Oct. 18, 1973, unless otherwise noted.



Sec.  1912a.1  Purpose and scope.

    (a) Section 7(a) of the Williams-Steiger Occupational Safety and 
Health Act of 1970 establishes a National Advisory Committee on 
Occupational Safety and Health (hereinafter referred to as the 
Committee), to advise, consult with, and make recommendations to the 
Secretary of Labor and the Secretary of Health, Education, and Welfare, 
on matters relating to the administration of the Act.
    (b) This part 1912a sets forth the procedures used by the Committee 
in fulfilling its responsibilities. They are intended to comply with the 
requirements of the Federal Advisory Committee Act (Pub. L. 92-463), 
which obligates advisory committees used by federal agencies to adhere 
to certain basic methods of operation and administration.



Sec.  1912a.2  Membership.

    The Committee is a continuing advisory body of 12 members. Two 
members will represent management, two members will represent labor, two 
members will represent the occupational health professions, two members 
will represent the occupational safety professions, and four members 
will represent the public. The Secretary of Health, Education, and 
Welfare will designate the two members representative of the 
occupational health professions and two of the members representative of 
the public. All the members will be selected upon the basis of their 
experience and competence in the field of occupational safety and 
health. All the members will be appointed by the Secretary of Labor, who 
will designate one of the public members as Chairman.



Sec.  1912a.3  Terms of membership.

    Commencing on July 1, 1973, the terms of membership shall be divided 
into two classes, each consisting of six members. Members of the first 
class shall be appointed for a term of one year. Members of the second 
class shall be appointed for a term of two years. Thereafter, members 
shall be appointed for regular terms of two years. At all times the 
Committee shall be composed of representatives of management, labor, and 
occupational safety and health professions, and of the public. 
Appointment of a member to the Committee for a fixed time period shall 
not affect the authority of the Secretary to remove, in his or her 
discretion, any member at any time. If a member resigns or is removed 
before his or her term expires, the Secretary

[[Page 21]]

of Labor may appoint for the remainder of the unexpired term a new 
member who shall represent the same interest as his or her predecessor.

[67 FR 660, Jan. 7, 2002]



Sec.  1912a.4  Meetings.

    (a) The Committee shall hold no fewer than two meetings during each 
calendar year and, it is contemplated that no more than six meetings a 
year will be held. No meeting shall be held except at the call of or 
with the advance approval of:
    (1) The Secretary of Labor, or his duly authorized representative; 
or
    (2) The Secretary of Health, Education, and Welfare, or his duly 
authorized representative.
    (b) An agenda shall be approved in advance by the person calling or 
approving the meeting, in consultation with the Chairman or his 
delegate. No particular form for the agenda is prescribed. Members of 
the Committee may propose items for the agenda to the Chairman.



Sec.  1912a.5  Advice and recommendations.

    Any advice or recommendations of the Committee shall be given or 
made with approval of a majority of all Committee members present. The 
Chairman shall include in any report of such advice or recommendations 
any concurring or dissenting views as well as abstentions and absences. 
Any member may submit his own advice and recommendations in the form of 
individual views with respect to any matter which has been considered by 
the Committee.



Sec.  1912a.6  Quorum.

    (a) A majority of the members of the Committee shall constitute a 
quorum.
    (b) In an absence of brief duration of its Chairman, the Committee 
may designate a public member to preside at any meeting thereof. In case 
of an extended absence, the Secretary of Labor or his delegate shall 
appoint a public member to preside.

[38 FR 28934, Oct. 18, 1973, as amended at 48 FR 23185, May 24, 1983]



Sec.  1912a.7  Notice of meetings.

    Public notice of any meeting of the Committee shall be given by the 
person calling the meeting in accordance with Sec.  1912a.4 or at his 
direction at least fifteen (15) days in advance of the meeting; except 
when it is impractical to do so, or in an emergency situation, in which 
event shorter advance notice may be given. Such notice shall be given by 
publication in the Federal Register as much in advance of the meeting as 
circumstances will permit. In addition, notice may be given by such 
other means as press releases.

[48 FR 23185, May 24, 1983]



Sec.  1912a.8  Contents of notice.

    (a) Notices of meetings shall describe fully or summarize adequately 
the agenda.
    (b) The notice shall announce that the meeting is open to the 
public.
    (c) The notice shall indicate that interested persons have an 
opportunity to file statements in written form with the Committee. The 
notice shall specify when the statements are to be filed with the 
Committee.
    (d) In the discretion of the Chairman of the meeting, oral 
statements may be made before the Committee by interested persons after 
taking into consideration the number of persons in attendance, the 
nature and extent of their proposed individual participation, and the 
time, resources, and facilities available to the Committee. As a general 
policy, time for such presentations will be made available only at 
subcommittee meetings. The time for a meeting of the full committee does 
not normally permit the reception of such presentations without 
substantially intruding upon the frequently limited time that the 
members may be able to devote to the meeting. The person calling the 
meeting may provide in the notice of the meeting that summaries of any 
proposed oral presentations be filed in advance of the meeting.



Sec.  1912a.9  Assistance to the committee.

    (a) At the request of the Committee or the person calling a meeting, 
the Assistant Secretary of Labor for Occupational Safety and Health may 
make available to the Committee any needed

[[Page 22]]

experts or consultants. Any expert or consultant so made available may 
participate in the deliberations of the Committee with the consent of 
the Committee.
    (b) The Assistant Secretary shall furnish the Committee an executive 
secretary. He shall also furnish such secretarial, clerical, and other 
services as are deemed necessary to the conduct of its business.
    (c) The Solicitor of Labor shall provide such legal assistance as 
may be necessary or appropriate for the Committee to carry out its 
functions in accordance with the requirements of this part.



Sec.  1912a.10  Presence of OSHA officer or employee.

    The meetings of all advisory committees shall be in the presence of 
an officer or employee of the Federal Government referred to in Sec.  
1912a.4. Such officer or employee shall be empowered to adjourn any 
meeting whenever he determines adjournment to be in the public interest.



Sec.  1912a.11  Minutes; transcript.

    (a) Detailed minutes of the Committee meetings shall be prepared, 
and shall be certified as accurate by the Chairman. In addition to the 
minutes there shall be kept verbatim transcripts of the Committee 
meetings.
    (b) The minutes shall include at least the following:
    (1) A list of the Committee members and agency employees who were 
present at the meeting;
    (2) Any significant conclusions reached which are not 
recommendations;
    (3) Any written information made available for consideration by the 
Committee, including copies of all reports received, issued, or approved 
by the Committee;
    (4) Any recommendations made by the Committee and the reasons 
therefor;
    (5) An explanation of the extent, if any, of public participation, 
including a list of interested persons who presented oral or written 
statements; and an estimate of the number of the members of the public 
who attended the meeting.



Sec.  1912a.12  Charter.

    The Committee shall operate in accordance with its charter. In 
accordance with section 14(b)(2) of the Federal Advisory Committee Act, 
there shall be filed on behalf of the Committee a charter in accordance 
with section 9(c) thereof upon the expiration of each successive two-
year period following December 28, 1970, the date of enactment of the 
Occupational Safety and Health Act.



Sec.  1912a.13  Subcommittees and subgroups.

    (a) The Chairman may appoint from among the members of the Committee 
any number of subcommittees for the purpose of assisting the Committee 
in carrying out its functions. All the provisions of this part regarding 
the conduct of Committee meetings are applicable to the conduct of 
subcommittee meetings. For example, any meeting of subcommittees shall 
be open to the public, and notice of subcommittee meetings shall be 
published in the Federal Register.
    (b) The purpose of any subcommittee is to give advice and make 
recommendations solely to the full Committee and under no circumstances 
may any subcommittee act outside this purpose. The Chairman may appoint 
any member of a Subcommittee to act as Chairman.
    (c) Subcommittee shall operate in accordance with the Committee's 
charter and the procedures set forth in this part.
    (d) The Chairman may appoint temporary informal subgroups from among 
the members to perform such services as assisting the Committee or the 
Chairman by gathering technical information or for suggesting schedules, 
plans, agenda, terms or methods of operation.



Sec.  1912a.14  Petitions for changes in the rules; complaints.

    (a) Any interested person shall have the right to petition for the 
issuance, amendment, or repeal of rules published in this part. Any such 
petition will be considered in a reasonable time. Prompt notice shall be 
given of the denial in whole or in part of any petition. Except in 
affirming a prior denial or

[[Page 23]]

when the denial is self-explanatory the notice shall be accompanied by a 
brief statement of the reasons therefor.
    (b) Any advisory committee member or any other aggrieved person may 
file a written complaint with the Assistant Secretary alleging 
noncompliance with the rules in this part. Any complaint must be timely 
filed, but in no case shall any complaint be filed later than thirty 
(30) days following the day on which the act of alleged noncompliance 
occurred. Any complaint shall be acted upon promptly and a written 
notice of the disposition of the complaint shall be provided to the 
complainant.
    (c) Complaints and petitions should make reference to this Sec.  
1912a.14 and be filed and addressed as follows:

Assistant Secretary of Labor for Occupational Safety and Health
United States Department of Labor
Washington, D.C. 20210.



PART 1913_RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA ACCESS
TO EMPLOYEE MEDICAL RECORDS--Table of Contents



    Authority: 29 U.S.C. 657; 5 U.S.C. 553; 5 U.S.C. 301; Secretary of 
Labor's Order No. 8-76 (41 FR 25059), 5-2002 (67 FR 65008), or 1-2012 
(77 FR 3912) as applicable.



Sec.  1913.10  Rules of agency practice and procedure concerning OSHA access
to employee medical records.

    (a) General policy. OSHA access to employee medical records will in 
certain circumstances be important to the agency's performance of its 
statutory functions. Medical records, however, contain personal details 
concerning the lives of employees. Due to the substantial personal 
privacy interests involved, OSHA authority to gain access to personally 
identifiable employee medical information will be exercised only after 
the agency has made a careful determination of its need for this 
information, and only with appropriate safeguards to protect individual 
privacy. Once this information is obtained, OSHA examination and use of 
it will be limited to only that information needed to accomplish the 
purpose for access. Personally identifiable employee medical information 
will be retained by OSHA only for so long as needed to accomplish the 
purpose for access, will be kept secure while being used, and will not 
be disclosed to other agencies or members of the public except in 
narrowly defined circumstances. This section establishes procedures to 
implement these policies.
    (b) Scope and application. (1) Except as provided in paragraphs (b) 
(3) through (6) below, this section applies to all requests by OSHA 
personnel to obtain access to records in order to examine or copy 
personally identifiable employee medical information, whether or not 
pursuant to the access provisions of 29 CFR 1910.1020(e).
    (2) For the purposes of this section, ``personally identifiable 
employee medical information'' means employee medical information 
accompanied by either direct identifiers (name, address, social security 
number, payroll number, etc.) or by information which could reasonably 
be used in the particular circumstances indirectly to identify specific 
employees (e.g., exact age, height, weight, race, sex, date of initial 
employment, job title, etc.).
    (3) This section does not apply to OSHA access to, or the use of, 
aggregate employee medical information or medical records on individual 
employees which is not in a personally identifiable form. This section 
does not apply to records required by 29 CFR part 1904, to death 
certificates, or to employee exposure records, including biological 
monitoring records treated by 29 CFR 1910.1020(c)(5) or by specific 
occupational safety and health standards as exposure records.
    (4) This section does not apply where OSHA compliance personnel 
conduct an examination of employee medical records solely to verify 
employer compliance with the medical surveillance recordkeeping 
requirements of an occupational safety and health standard, or with 29 
CFR 1910.1020. An examination of this nature shall be conducted on-site 
and, if requested, shall be conducted under the observation of the 
recordholder. The OSHA compliance personnel shall not record and take 
off-site any information from medical records other than documentation 
of the fact of compliance or non-compliance.

[[Page 24]]

    (5) This section does not apply to agency access to, or the use of, 
personally identifiable employee medical information obtained in the 
course of litigation.
    (6) This section does not apply where a written directive by the 
OSHA Medical Records Officer authorizes appropriately qualified 
personnel to conduct limited reviews of specific medical information 
mandated by an occupational safety and health standard, or of specific 
biological monitoring test results.
    (7) Even if not covered by the terms of this section, all medically 
related information reported in a personally identifiable form shall be 
handled with appropriate discretion and care befitting all information 
concerning specific employees. There may, for example, be personal 
privacy interests involved which militate against disclosure of this 
kind of information to the public (See, 29 CFR 70.26 and 70a.3).
    (c) Responsible persons--(1) Assistant Secretary. The Assistant 
Secretary of Labor for Occupational Safety and Health (Assistant 
Secretary) shall designate an OSHA official with experience or training 
in the evaluation, use, and privacy protection of medical records to be 
the OSHA Medical Records Officer. The Assistant Secretary may change the 
designation of the OSHA Medical Records Officer at will.
    (2) OSHA Medical Records Officer. The OSHA Medical Records Officer 
shall be responsible for the overall administration and implementation 
of the procedures contained in this section. The OSHA Medical Records 
Officer shall report directly to the Assistant Secretary on matters 
concerning this section and be responsible for:
    (i) Making final determinations concerning the approval or denial of 
medical access orders (paragraph (d) of this section);
    (ii) Assuring that medical access orders meet the requirements of 
paragraphs (d)(2) and (3) of this section;
    (iii) Responding to objections concerning medical access orders 
(paragraph (f) of this section);
    (iv) Overseeing internal agency use and security of personally 
identifiable employee medical information (paragraphs (g) through (j) of 
this section);
    (v) Assuring that the results of agency analyses of personally 
identifiable medical information are, where appropriate, communicated to 
employees (paragraph (k) of this section);
    (vi) Preparing an annual report of OSHA's experience under this 
section (paragraph (l) of this section); and
    (vii) Making final determinations concerning inter-agency transfer 
or public disclosure of personally identifiable employee medical 
information (paragraph (m) of this section). The Medical Records Officer 
shall also assure that advance notice is given of intended inter-agency 
transfers or public disclosures.
    (3) Principal OSHA Investigator. The Principal OSHA Investigator 
shall be the OSHA employee in each instance of access to personally 
identifiable employee medical information who is made primarily 
responsible for assuring that the examination and use of this 
information is performed in the manner prescribed by a written access 
order and the requirements of this section (paragraphs (d) through (m). 
When access is pursuant to a written access order, the Principal OSHA 
Investigator shall be professionally trained in medicine, public health, 
or allied fields (epidemiology, toxicology, industrial hygiene, 
biostatistics, environmental health, etc.).
    (d) Written access orders--(1) Requirement for medical access order. 
Except as provided in paragraph (d)(4) of this section, each request by 
an OSHA representative to examine or copy personally identifiable 
employee medical information contained in a record held by an employer 
or other recordholder shall be made pursuant to a written medical access 
order which has been approved by the OSHA Medical Records Officer. A 
medical access order does not constitute an administrative subpoena.
    (2) Approval criteria for medical access order. Before approving a 
medical access order, the OSHA Medical Records Officer shall determine 
that:
    (i) The medical information to be examined or copied is relevant to 
a statutory purpose and there is a need to

[[Page 25]]

gain access to this personally identifiable information;
    (ii) The personally identifiable medical information to be examined 
or copied is limited to only that information needed to accomplish the 
purpose for access; and
    (iii) The personnel authorized to review and analyze the personally 
identifiable medical information are limited to those who have a need 
for access and have appropriate professional qualifications.
    (3) Content of written access order. Each written access order shall 
state with reasonable particularity:
    (i) The statutory purposes for which access is sought,
    (ii) A general description of the kind of employee medical 
information that will be examined and why there is a need to examine 
personally identifiable information,
    (iii) Whether medical information will be examined on-site, and what 
type of information will be copied and removed off-site,
    (iv) The name, address, and phone number of the Principal OSHA 
Investigator and the names of any other authorized persons who are 
expected to review and analyze the medical information.
    (v) The name, address, and phone number of the OSHA Medical Records 
Officer, and
    (vi) The anticipated period of time during which OSHA expects to 
retain the employee medical information in a personally identifiable 
form.
    (4) Special situations. Written access orders need not be obtained 
to examine or copy personally identifiable employee medical information 
under the following circumstances:
    (i) Specific written consent. If the specific written consent of an 
employee is obtained pursuant to 29 CFR 1910.1020(e)(2)(ii), and the 
agency or an agency employee is listed on the authorization as the 
designated representative to receive the medical information, then a 
written access order need not be obtained. Whenever personally 
identifiable employee medical information is obtained through specific 
written consent and taken off-site, a Principal OSHA Investigator shall 
be promptly named to assure protection of the information, and the OSHA 
Medical Records Officer shall be notified of this person's identity. The 
personally identifiable medical information obtained shall thereafter be 
subject to the use and security requirements of paragraphs (h) through 
(m) of this section.
    (ii) Physician consultations. A written access order need not be 
obtained where an OSHA staff or contract physician consults with an 
employer's physician concerning an occupational safety or health issue. 
In a situation of this nature, the OSHA physician may conduct on-site 
evaluation of employee medical records in consultation with the 
employer's physician, and may make necessary personal notes of his or 
her findings. No employee medical records, however, shall be taken off-
site in the absence of a written access order or the specific written 
consent of an employee, and no notes of personally identifiable employee 
medical information made by the OSHA physician shall leave his or her 
control without the permission of the OSHA Medical Records Officer.
    (e) Presentation of written access order and notice to employees. 
(1) The Principal OSHA Investigator, or someone under his or her 
supervision, shall present at least two (2) copies each of the written 
access order and an accompanying cover letter to the employer prior to 
examining or obtaining medical information subject to a written access 
order. At least one copy of the written access order shall not identify 
specific employees by direct personal identifier. The accompanying cover 
letter shall summarize the requirements of this section and indicate 
that questions or objections concerning the written access order may be 
directed to the Principal OSHA Investigator or to the OSHA Medical 
Records Officer.
    (2) The Principal OSHA Investigator shall promptly present a copy of 
the written access order (which does not identify specific employees by 
direct personal identifier) and its accompanying cover letter to each 
collective bargaining agent representing employees whose medical records 
are subject to the written access order.
    (3) The Principal OSHA Investigator shall indicate that the employer 
must

[[Page 26]]

promptly post a copy of the written access order which does not identify 
specific employees by direct personal identifier, as well as post its 
accompanying cover letter (See, 29 CFR 1910.1020(e)(3)(ii)).
    (4) The Principal OSHA Investigator shall discuss with any 
collective bargaining agent and with the employer the appropriateness of 
individual notice to employees affected by the written access order. 
Where it is agreed that individual notice is appropriate, the Principal 
OSHA Investigator shall promptly provide to the employer an adequate 
number of copies of the written access order (which does not identify 
specific employees by direct personal identifier) and its accompanying 
cover letter to enable the employer either to individually notify each 
employee or to place a copy in each employee's medical file.
    (f) Objections concerning a written access order. All employee, 
collective bargaining agent, and employer written objections concerning 
access to records pursuant to a written access order shall be 
transmitted to the OSHA Medical Records Officer. Unless the agency 
decides otherwise, access to the records shall proceed without delay 
notwithstanding the lodging of an objection. The OSHA Medical Records 
Officer shall respond in writing to each employee's and collective 
bargaining agent's written objection to OSHA access. Where appropriate, 
the OSHA Medical Records Officer may revoke a written access order and 
direct that any medical information obtained by it be returned to the 
original recordholder or destroyed. The Principal OSHA Investigator 
shall assure that such instructions by the OSHA Medical Records Officer 
are promptly implemented.
    (g) [Reserved]
    (h) Internal agency use of personally identifiable employee medical 
information. (1) The Principal OSHA Investigator shall in each instance 
of access be primarily responsible for assuring that personally 
identifiable employee medical information is used and kept secured in 
accordance with this section.
    (2) The Principal OSHA Investigator, the OSHA Medical Records 
Officer, the Assistant Secretary, and any other authorized person listed 
on a written access order may permit the examination or use of 
personally identifiable employee medical information by agency employees 
and contractors who have a need for access, and appropriate 
qualifications for the purpose for which they are using the information. 
No OSHA employee or contractor is authorized to examine or otherwise use 
personally identifiable employee medical information unless so 
permitted.
    (3) Where a need exists, access to personally identifiable employee 
medical information may be provided to attorneys in the Office of the 
Solicitor of Labor, and to agency contractors who are physicians or who 
have contractually agreed to abide by the requirements of this section 
and implementing agency directives and instructions.
    (4) OSHA employees and contractors are only authorized to use 
personally identifiable employee medical information for the purposes 
for which it was obtained, unless the specific written consent of an 
employee is obtained as to a secondary purpose, or the procedures of 
paragraphs (d) through (g) of this section are repeated with respect to 
the secondary purpose.
    (5) Whenever practicable, the examination of personally identifiable 
employee medical information shall be performed on-site with a minimum 
of medical information taken off-site in a personally identifiable form.
    (i) Security procedures. (1) Agency files containing personally 
identifiable employee medical information shall be segregated from other 
agency files. When not in active use, files containing this information 
shall be kept secured in a locked cabinet or vault.
    (2) The OSHA Medical Records Officer and the Principal OSHA 
Investigator shall each maintain a log of uses and transfers of 
personally identifiable employee medical information and lists of coded 
direct personal identifiers, except as to necessary uses by staff under 
their direct personal supervision.
    (3) The photocopying or other duplication of personally identifiable 
employee medical information shall be

[[Page 27]]

kept to the minimum necessary to accomplish the purposes for which the 
information was obtained.
    (4) The protective measures established by this section apply to all 
worksheets, duplicate copies, or other agency documents containing 
personally identifiable employee medical information.
    (5) Intra-agency transfers of personally identifiable employee 
medical information shall be by hand delivery, United States mail, or 
equally protective means. Inter-office mailing channels shall not be 
used.
    (j) Retention and destruction of records. (1) Consistent with OSHA 
records disposition programs, personally identifiable employee medical 
information and lists of coded direct personal identifiers shall be 
destroyed or returned to the original recordholder when no longer needed 
for the purposes for which they were obtained.
    (2) Personally identifiable employee medical information which is 
currently not being used actively but may be needed for future use shall 
be transferred to the OSHA Medical Records Officer. The OSHA Medical 
Records Officer shall conduct an annual review of all centrally-held 
information to determine which information is no longer needed for the 
purposes for which it was obtained.
    (k) Results of an agency analysis using personally identifiable 
employee medical information. The OSHA Medical Records Officer shall, as 
appropriate, assure that the results of an agency analysis using 
personally identifiable employee medical information are communicated to 
the employees whose personal medical information was used as a part of 
the analysis.
    (l) Annual report. The OSHA Medical Records Officer shall on an 
annual basis review OSHA's experience under this section during the 
previous year, and prepare a report to the Assistant Secretary which 
shall be made available to the public. This report shall discuss:
    (1) The number of written access orders approved and a summary of 
the purposes for access,
    (2) The nature and disposition of employee, collective bargaining 
agent, and employer written objections concerning OSHA access to 
personally identifiable employee medical information, and
    (3) The nature and disposition of requests for inter-agency transfer 
or public disclosure of personally identifiable employee medical 
information.
    (m) Inter-agency transfer and public disclosure. (1) Personally 
identifiable employee medical information shall not be transferred to 
another agency or office outside of OSHA (other than to the Office of 
the Solicitor of Labor) or disclosed to the public (other than to the 
affected employee or the original recordholder) except when required by 
law or when approved by the OSHA Medical Records Officer.
    (2) Except as provided in paragraph (m)(3) of this section, the OSHA 
Medical Records Officer shall not approve a request for an inter-agency 
transfer of personally identifiable employee medical information, which 
has not been consented to by the affected employees, unless the request 
is by a public health agency which:
    (i) Needs the requested information in a personally identifiable 
form for a substantial public health purpose;
    (ii) Will not use the requested information to make individual 
determinations concerning affected employees which could be to their 
detriment;
    (iii) Has regulations or established written procedures providing 
protection for personally identifiable medical information substantially 
equivalent to that of this section; and
    (iv) Satisfies an exemption to the Privacy Act to the extent that 
the Privacy Act applies to the requested information (see 5 U.S.C. 
552a(b); 29 CFR 70a.3).
    (3) Upon the approval of the OSHA Medical Records Officer, 
personally identifiable employee medical information may be transferred 
to:
    (i) The National Institute for Occupational Safety and Health 
(NIOSH); and
    (ii) The Department of Justice when necessary with respect to a 
specific action under the Occupational Safety and Health Act.
    (4) The OSHA Medical Records Officer shall not approve a request for 
public disclosure of employee medical information containing direct 
personal identifiers unless there are compelling

[[Page 28]]

circumstances affecting the health or safety of an individual.
    (5) The OSHA Medical Records Officer shall not approve a request for 
public disclosure of employee medical information which contains 
information which could reasonably be used indirectly to identify 
specific employees when the disclosure would constitute a clearly 
unwarranted invasion of personal privacy (see 5 U.S.C. 552(b)(6); 29 CFR 
70.26).
    (6) Except as to inter-agency transfers to NIOSH or the Department 
of Justice, the OSHA Medical Records Officer shall ensure that advance 
notice is provided to any collective bargaining agent representing 
affected employees and to the employer on each occasion that OSHA 
intends to either transfer personally identifiable employee medical 
information to another agency or disclose it to a member of the public 
other than to an affected employee. When feasible, the OSHA Medical 
Records Officer shall take reasonable steps to assure that advance 
notice is provided to affected employees when the employee medical 
information to be transferred or disclosed contains direct personal 
identifiers.
    (n) Medical records maintained in electronic form. (1) In general, 
when accessing and/or copying personally identifiable employee medical 
information in electronic form, OSHA personnel shall follow all of the 
requirements set forth in this section.
    (2) When personally identifiable employee medical information in 
electronic form is taken off-site, the Principal OSHA Investigator is 
primarily responsible for ensuring that such information is properly 
used and kept secured.
    (i) The Principal OSHA Investigator is responsible for preventing 
any accidental or unintentional disclosure of, modification to, or 
destruction of personally identifiable employee medical information in 
electronic form.
    (ii) The Principal OSHA Investigator is responsible for controlling 
the flow of data into, through, and from agency computer operations.
    (iii) The Principal OSHA Investigator shall ensure the distribution 
and review of medical information in electronic form is limited to only 
those OSHA personnel and contractors with a need for access.
    (3) The transfer and/or duplication of medical information in 
electronic form shall be kept to the minimum necessary to accomplish the 
purpose for which it was obtained.
    (4) Electronic files containing personally identifiable employee 
medical information shall be downloaded only to a computer hard drive or 
laptop that is secured in accordance with Federal Information Processing 
Standard (FIPS) 201-2 ``Personal Identity Verification (PIV) of Federal 
Employees and Contractors'' and ``Homeland Security Presidential 
Directive 12: Policy for a Common Identification Standard for Federal 
Employees and Contractors (HSPD-12).''
    (5) Electronic files containing personally identifiable employee 
medical information shall not be transferred to authorized personnel 
through email attachment unless appropriately encrypted.
    (6) When an employer or other record holder(s) provides access to 
employee medical information through a properly encrypted email 
attachment, the attachment shall be downloaded to a secured hard drive 
or laptop. After the attachment is downloaded, the email shall be 
permanently deleted.
    (7) Personally identifiable employee medical information in 
electronic form shall be secured when not in use.
    (i) Medical information in electronic form shall only be maintained 
or stored where facilities and conditions are designed to prevent 
unauthorized access.
    (ii) Personally identifiable employee medical information in 
electronic form shall be maintained only for so long as needed to 
accomplish the purpose for access.
    (iii) When no longer needed, the Principal OSHA Investigator shall 
ensure that all personally identifiable employee medical information on 
electronic files has been deleted, destroyed, or returned to the 
original record holder.
    (iv) The disposal of personally identifiable employee medical 
information maintained in electronic form shall be accomplished in such 
a manner as to

[[Page 29]]

make the data unattainable by unauthorized personnel.

[45 FR 35294, May 23, 1980; 45 FR 54334, Aug. 15, 1980, as amended at 71 
FR 16674, Apr. 3, 2006; 85 FR 45792, July 30, 2020]



PART 1915_OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT-
-Table of Contents



                      Subpart A_General Provisions

Sec.
1915.1 Purpose and authority.
1915.2 Scope and application.
1915.3 Responsibility.
1915.4 Definitions.
1915.5 Incorporation by reference.
1915.6 Commercial diving operations.
1915.7 Competent person.
1915.8 OMB control numbers under the Paperwork Reduction Act.
1915.9 Compliance duties owed to each employee.

 Subpart B_Confined and Enclosed Spaces and Other Dangerous Atmospheres 
                         in Shipyard Employment

1915.11 Scope, application, and definitions applicable to this subpart.
1915.12 Precautions and the order of testing before entering confined 
          and enclosed spaces and other dangerous atmospheres.
1915.13 Cleaning and other cold work.
1915.14 Hot work.
1915.15 Maintenance of safe conditions.
1915.16 Warning signs and labels.

Appendix A to Subpart B of Part 1915--Compliance Assistance Guidelines 
          for Confined and Enclosed Spaces and Other Dangerous 
          Atmospheres
Appendix B to Subpart B of Part 1915--Reprint of U.S. Coast Guard 
          Regulations Referenced in Subpart B, for Determination of 
          Coast Guard Authorized Persons

             Subpart C_Surface Preparation and Preservation

1915.31 Scope and application of subpart.
1915.32 Toxic cleaning solvents.
1915.33 Chemical paint and preservative removers.
1915.34 Mechanical paint removers.
1915.35 Painting.
1915.36 Flammable liquids.

                 Subpart D_Welding, Cutting and Heating

1915.51 Ventilation and protection in welding, cutting and heating.
1915.53 Welding, cutting and heating in way of preservative coatings.
1915.54 Welding, cutting and heating of hollow metal containers and 
          structures not covered by Sec.  1915.12.
1915.55 Gas welding and cutting.
1915.56 Arc welding and cutting.
1915.57 Uses of fissionable material in ship repairing and shipbuilding.

         Subpart E_Scaffolds, Ladders and Other Working Surfaces

1915.71 Scaffolds or staging.
1915.72 Ladders.
1915.73 Guarding of deck openings and edges.
1915.74 Access to vessels.
1915.75 Access to and guarding of dry docks and marine railways.
1915.76 Access to cargo spaces and confined spaces.
1915.77 Working surfaces.

                  Subpart F_General Working Conditions

1915.80 Scope, application, definitions and effective dates.
1915.81 Housekeeping.
1915.82 Lighting.
1915.83 Utilities.
1915.84 Working alone.
1915.85 Vessel radar and communication systems.
1915.86 Lifeboats.
1915.87 Medical services and first aid.
1915.88 Sanitation.
1915.89 Control of hazardous energy (lockout/tagout).
1915.90 Safety color code for marking physical hazards.
1915.91 Accident prevention signs and tags.
1915.92 Retention of DOT markings, placards, and labels.
1915.93 Motor vehicle safety equipment, operation, and maintenance.
1915.94 Servicing of multi-piece and single-piece rim wheels.

     Subpart G_Gear and Equipment for Rigging and Materials Handling

1915.111 Inspection.
1915.112 Ropes, chains and slings.
1915.113 Shackles and hooks.
1915.114 Chain falls and pull-lifts.
1915.115 Hoisting and hauling equipment.
1915.116 Use of gear.
1915.117 Qualifications of operators.
1915.118 Tables.
1915.120 Powered industrial truck operator training.

                  Subpart H_Tools and Related Equipment

1915.131 General precautions.
1915.132 Portable electric tools.
1915.133 Hand tools.
1915.134 Abrasive wheels.
1915.135 Powder actuated fastening tools.

[[Page 30]]

1915.136 Internal combustion engines, other than ship's equipment.

              Subpart I_Personal Protective Equipment (PPE)

1915.151 Scope, application and definitions.
1915.152 General requirements.
1915.153 Eye and face protection.
1915.154 Respiratory protection.
1915.155 Head protection.
1915.156 Foot protection.
1915.157 Hand and body protection.
1915.158 Lifesaving equipment.
1915.159 Personal fall arrest systems (PFAS).
1915.160 Positioning device systems.

Appendix A to Subpart I of Part 1915--Non-Mandatory Guidelines for 
          Hazard Assessment, Personal Protective Equipment (PPE) 
          Selection, and PPE Training Program
Appendix B to Subpart I of Part 1915--General Testing Conditions and 
          Additional Guidelines for Personal Fall Protection Systems 
          (Non-Mandatory)

              Subpart J_Ship's Machinery and Piping Systems

1915.161 Scope and application of subpart.
1915.162 Ship's boilers.
1915.163 Ship's piping systems.
1915.164 Ship's propulsion machinery.
1915.165 Ship's deck machinery.

  Subpart K_Portable, Unfired Pressure Vessels, Drums and Containers, 
                       Other Than Ship's Equipment

1915.171 Scope and application of subpart.
1915.172 Portable air receivers and other unfired pressure vessels.
1915.173 Drums and containers.

                     Subpart L_Electrical Machinery

1915.181 Electrical circuits and distribution boards.

Subparts M-O [Reserved]

            Subpart P_Fire Protection in Shipyard Employment

1915.501 General provisions.
1915.502 Fire safety plan.
1915.503 Precautions for hot work.
1915.504 Fire watches.
1915.505 Fire response.
1915.506 Hazards of fixed extinguishing systems on board vessels and 
          vessel sections.
1915.507 Land-side fire protection systems.
1915.508 Training.
1915.509 Definitions applicable to this subpart.

Appendix A to Subpart P of Part 1915--Model Fire Safety Plan (Non-
          Mandatory)

Subparts Q-Y [Reserved]

                Subpart Z_Toxic and Hazardous Substances

1915.1000 Air contaminants.
1915.1001 Asbestos.
1915.1002 Coal tar pitch volatiles; interpretation of term.
1915.1003 13 carcinogens (4-Nitrobiphenyl, etc.).
1915.1004 alpha-Naphthylamine.
1915.1005 [Reserved]
1915.1006 Methyl chloromethyl ether.
1915.1007 3,3'-Dichlorobenzidiene (and its salts).
1915.1008 bis-Chloromethyl ether.
1915.1009 beta-Naphthylamine.
1915.1010 Benzidine.
1915.1011 4-Aminodiphenyl.
1915.1012 Ethyleneimine.
1915.1013 beta-Propiolactone.
1915.1014 2-Acetylaminofluorene.
1915.1015 4-Dimethylaminoazobenzene.
1915.1016 N-Nitrosodimethylamine.
1915.1017 Vinyl chloride.
1915.1018 Inorganic arsenic.
1915.1020 Access to employee exposure and medical records.
1915.1024 Beryllium.
1915.1025 Lead.
1915.1026 Chromium (VI).
1915.1027 Cadmium.
1915.1028 Benzene.
1915.1030 Bloodborne pathogens.
1915.1044 1,2-dibromo-3-chloropropane.
1915.1045 Acrylonitrile.
1915.1047 Ethylene oxide.
1915.1048 Formaldehyde.
1915.1050 Methylenedianiline.
1915.1052 Methylene chloride.
1915.1053 Respirable crystalline silica.
1915.1200 Hazard communication.
1915.1450 Occupational exposure to hazardous chemicals in laboratories.
1915.1501 COVID-19.

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), 1-2012 
(77 FR 3912), or 8-2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 
553, as applicable.

    Source: 47 FR 16986, Apr. 20, 1982, unless otherwise noted.

[[Page 31]]



                      Subpart A_General Provisions



Sec.  1915.1  Purpose and authority.

    The provisions in this part constitute safety and health regulations 
issued by the Secretary pursuant to section 41 of the Longshoremen's and 
Harbor Workers' Compensation Act, as amended (33 U.S.C. 941) and 
occupational safety and health standards issued by the Secretary 
pursuant to section 6 of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 655).



Sec.  1915.2  Scope and application.

    (a) Except where otherwise provided, the provisions of this part 
shall apply to all ship repairing, shipbuilding and shipbreaking 
employments and related employments.
    (b) This part does not apply to matters under the control of the 
United States Coast Guard within the scope of Title 52 of the Revised 
Statutes and acts supplementary or amendatory thereto (46 U.S.C. secs. 
1-1388 passim) including, but not restricted to, the master, ship's 
officer, crew members, design, construction and maintenance of the 
vessel, its gear and equipment; to matters within the regulatory 
authority of the United States Coast Guard to safeguard vessels, 
harbors, ports and waterfront facilities under the provisions of the 
Espionage Act of June 17, 1917, as amended (50 U.S.C. 191 et seq.; 22 
U.S.C. 401 et seq.); including the provisions of Executive Order 10173, 
as amended by Executive Orders 10277 and 10352 (3 CFR, 1949-1953 Comp., 
pp. 356, 778 and 873); or to matters within the regulatory authority of 
the United States Coast Guard with respect to lights, warning devices, 
safety equipment and other matters relating to the promotion of safety 
of lives and property under section 4(e) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333).



Sec.  1915.3  Responsibility.

    (a) The responsibility for compliance with the regulations of this 
part is placed upon ``employers'' as defined in Sec.  1915.4.
    (b) This part does not apply to owners, operators, agents or masters 
of vessels unless such persons are acting as ``employers.'' However, 
this part is not intended to relieve owners, operators, agents or 
masters of vessels who are not ``employers'' from responsibilities or 
duties now placed upon them by law, regulation or custom.
    (c) The responsibilities placed upon the competent person herein 
shall be deemed to be the responsibilities of the employer.



Sec.  1915.4  Definitions.

    (a) The term shall indicates provisions which are mandatory.
    (b) The term Secretary means the Secretary of Labor.
    (c) The term employer means an employer, any of whose employees are 
employed, in whole or in part, in ship repairing, shipbuilding, 
shipbreaking or related employments as defined in this section on the 
navigable waters of the United States, including dry docks, graving 
docks and marine railways.
    (d) The term employee means any person engaged in ship repairing, 
shipbuilding, shipbreaking or related employments on the navigable 
waters of the United States, including dry docks, graving docks and 
marine railways, other than the master, ship's officers, crew of the 
vessel, or any person engaged by the master to repair any vessel under 
18 net tons.
    (e) The term gangway means any ramp-like or stair-like means of 
access provided to enable personnel to board or leave a vessel including 
accommodation ladders, gangplanks and brows.
    (f) The term vessel includes every description of watercraft or 
other artificial contrivance used, or capable of being used, as a means 
of transportation on water, including special purpose floating 
structures not primarily designed for or used as a means of 
transportation on water.
    (g) For purposes of Sec.  1915.74, the term barge means an 
unpowered, flat bottom, shallow draft vessel including scows, carfloats 
and lighters. For purposes of this section, the term does not include 
ship shaped or deep draft barges.
    (h) For purposes of Sec.  1915.74, the term river tow boat means a 
shallow draft, low free board, self-propelled vessel designed to tow 
river barges by pushing ahead. For purposes of this section, the

[[Page 32]]

term does not include other towing vessels.
    (i) The term shipyard employment means ship repairing, shipbuilding, 
shipbreaking and related employments.
    (j) The terms ship repair and ship repairing mean any repair of a 
vessel including, but not restricted to, alterations, conversions, 
installations, cleaning, painting, and maintenance work.
    (k) The term shipbuilding means the construction of a vessel 
including the installation of machinery and equipment.
    (l) The term shipbreaking means any breaking down of a vessel's 
structure for the purpose of scrapping the vessel, including the removal 
of gear, equipment or any component part of a vessel.
    (m) The term related employment means any employment performed as an 
incident to or in conjunction with ship repairing, shipbuilding or 
shipbreaking work, including, but not restricted to, inspection, 
testing, and employment as a watchman.
    (n) The term hazardous substance means a substance which by reason 
of being explosive, flammable, poisonous, corrosive, oxidizing, 
irritant, or otherwise harmful is likely to cause injury.
    (o) The term competent person for purposes of this part means a 
person who is capable of recognizing and evaluating employee exposure to 
hazardous substances or to other unsafe conditions and is capable of 
specifying the necessary protection and precautions to be taken to 
ensure the safety of employees as required by the particular regulation 
under the condition to which it applies. For the purposes of subparts B, 
C, and D of this part, except for Sec.  1915.35(b)(8) and Sec.  
1915.36(a)(5), to which the above definition applies, the competent 
person must also meet the additional requirements of Sec.  1915.7.
    (p) The term confined space means a compartment of small size and 
limited access such as a double bottom tank, cofferdam, or other space 
which by its small size and confined nature can readily create or 
aggravate a hazardous exposure.
    (q) The term enclosed space means any space, other than a confined 
space, which is enclosed by bulkheads and overhead. It includes cargo 
holds, tanks, quarters, and machinery and boiler spaces.
    (r) The term hot work means riveting, welding, burning or other fire 
or spark producing operations.
    (s) The term cold work means any work which does not involve 
riveting, welding, burning or other fire or spark producing operations.
    (t) The term portable unfired pressure vessel means any pressure 
container or vessel used aboard ship, other than the ship's equipment, 
containing liquids or gases under pressure, excepting pressure vessels 
built to Department of Transportation regulations under 49 CFR part 178, 
subparts C and H.
    (u) The term powder actuated fastening tool means a tool or machine 
which drives a stud, pin, or fastener by means of an explosive charge.
    (v) For purposes of Sec.  1915.97, the term hazardous material means 
a material which has one or more of the following characteristics:
    (1) Has a flash point below 140 [deg]F., closed cup, or is subject 
to spontaneous heating;
    (2) Has a threshold limit value below 500 p.p.m. in the case of a 
gas or vapor, below 500 mg./m.\3\ for fumes, and below 25 m.p.p.c.f. in 
case of a dust;
    (3) Has a single dose oral LD50 below 500 mg./kg.;
    (4) Is subject to polymerization with the release of large amounts 
of energy;
    (5) Is a strong oxidizing or reducing agent;
    (6) Causes first degree burns to skin in short time exposure, or is 
systemically toxic by skin contact; or
    (7) In the course of normal operations, may produce dusts, gases, 
fumes, vapors, mists, or smokes which have one or more of the above 
characteristics.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]



Sec.  1915.5  Incorporation by reference.

    (a) Specifications, standards, and codes of agencies of the U.S. 
Government, to the extent specified in the text, form a part of the 
regulations of this part. In addition, under the authority vested in the 
Secretary under the Act, the specifications, standards, and codes of 
organizations which are

[[Page 33]]

not agencies of the U.S. Government, in effect on the date of the 
promulgation of the regulations of this part as listed below, to the 
extent specified in the text, form a part of the regulations of this 
part.
    (b)(1) The standards listed in this section are incorporated by 
reference into this part with the approval of the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
To enforce any edition other than that specified in this section, OSHA 
must publish a document in the Federal Register and the material must be 
available to the public.
    (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) 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 elsewhere in this section for these private standards 
organizations. In addition, the standards are available for inspection 
at any Regional Office of the Occupational Safety and Health 
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of 
Labor, 200 Constitution Avenue NW, Room N-3508, Washington, DC 20210; 
telephone: 202-693-2350 (TTY number: 877-889-5627). These standards are 
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.
    (c) [Reserved]
    (d) American National Standards Institute (ANSI), 25 West 43rd 
Street, 4th Floor, New York, NY 10036; telephone: 212-642-4900; fax: 
212-398-0023; website: www.ansi.org://
    (1) ANSI A14.1-1975 Safety Requirements for Portable Wood Ladders, 
IBR approved for Sec.  1915.72(a).
    (2) ANSI A14.2-1972 Safety Requirements for Portable Metal Ladders, 
IBR approved for Sec.  1915.72(a).
    (3) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection of 
Abrasive Wheels, IBR approval for Sec.  1915.134(c).
    (4) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  1915.156(b). 
Copies of ANSI Z41-1999 are available for purchase only from the 
National Safety Council, 1121 Spring Lake Drive, Itasca, IL 60143-3201; 
telephone: (800) 621-7619; fax: 630-285-1434; website: www.nsc.org.
    (5) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  1915.156(b). 
Copies of ANSI Z41-1991 are available for purchase only from the 
National Safety Council, 1121 Spring Lake Drive, Itasca, IL 60143-3201; 
telephone: (800) 621-7619; fax: 630-285-1434; website: www.nsc.org.
    (6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, approved April 13, 2010; IBR approved for 
Sec.  1915.153(b). Copies are available for purchase from:
    (i) ANSI Webstore, 25 W 43rd Street, 4th Floor, New York, NY 10036; 
telephone: (212) 642-4980; website: https://webstore.ansi.org;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (800) 447-2273; website: https://global.ihs.com; or
    (iii) TechStreet Store, 3025 Boardwalk Drive, Suite 220, Ann Arbor, 
MI 48108; telephone: (855) 999-9870; website: www.techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.  
1915.153(b). Copies available for purchase from the:
    (i) ANSI Webstore, 25 W 43rd Street, 4th Floor, New York, NY 10036; 
telephone: (212) 642-4980; website: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (800) 447-2273; website: https://global.ihs.com; or
    (iii) TechStreet Store, 3025 Boardwalk Drive, Suite 220, Ann Arbor, 
MI 48108; telephone: (855) 999-9870; website: www.techstreet.com.

[[Page 34]]

    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1915.153(b). Copies are available for 
purchase from:
    (i) ANSI Webstore, 25 W 43rd Street, 4th Floor, New York, NY 10036; 
telephone: (212) 642-4980; website: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (800) 447-2273; website: https://global.ihs.com; or
    (iii) TechStreet Store, 3025 Boardwalk Drive, Suite 220, Ann Arbor, 
MI 48108; telephone: (855) 999-9870; website: www.techstreet.com.
    (9) American National Standards Institute (ANSI) Z89.1-2009, 
American National Standard for Industrial Head Protection, approved 
January 26, 2009; IBR approved for Sec.  1915.155(b). Copies of ANSI 
Z89.1-2009 are available for purchase only from the International Safety 
Equipment Association, 1101 Wilson Boulevard, Suite 1425, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; website: 
www.safetyequipment.org.
    (10) American National Standards Institute (ANSI) Z89.1-2003, 
American National Standard for Industrial Head Protection; IBR approved 
for Sec.  1915.155(b). Copies of ANSI Z89.1-2003 are available for 
purchase only from the International Safety Equipment Association, 1101 
Wilson Boulevard, Suite 1425, Arlington, VA 22209-1762; telephone: 703-
525-1695; fax: 703-528-2148; website: www.safetyequipment.org.
    (11) American National Standards Institute (ANSI) Z89.1-1997, 
American National Standard for Personnel Protection--Protective Headwear 
for IndustrialWorkers--Requirements; IBR approved for Sec.  1915.155(b). 
Copies of ANSI Z89.1-1997 are available for purchase only from the 
International Safety Equipment Association, 1101 Wilson Boulevard, Suite 
1425, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-528-
2148; website: www.safetyequipment.org.
    (12) ANSI/IESNA RP-7-01, Recommended Practice for Lighting 
Industrial Facilities, ANSI approved July 26, 2001, IBR approved for 
Sec.  1915.82(a).
    (13) ANSI/ISEA Z308.1-2009, Revision of ANSI Z308.1-2003, Minimum 
Requirements for Workplace First Aid Kits and Supplies, ANSI approved 
May 8, 2009, IBR approved for Sec.  1915.87 Appendix A.
    Note 1 to paragraph (d): Unless otherwise indicated, all standards 
in this paragraph (d) are available from ANSI.
    (e) American Society of Mechanical Engineers (ASME), Two Park 
Avenue, New York, New York 10016; telephone: (800) 843-2763; email: 
[email protected]; website: https://www.asme.org/codes-standards:
    (1) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for 
Construction of Unfired Pressure Vessels, 1963, IBR approved for Sec.  
1915.172(a).
    (2) [Reserved]
    (f) American Conference of Governmental Industrial Hygienists 
(ACGIH), 3640 Park 42 Drive, Cincinnati, OH 45241; telephone: (513) 742-
2020; website: https://www.acgih.org/publications/:
    (1) Threshold limit values, 1970, IBR approved for Sec. Sec.  
1915.12(b) and 1915.1000, table Z.
    (2) [Reserved]
    (g) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959; telephone: 610-832-9500; fax: 610-832-9555; 
email: [email protected]; website: www.astm.org:
    (1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR 
approved for Sec.  1915.156(b).
    (2) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear; IBR approved for Sec.  
1915.156(b).
    (h) 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.  
1915.1001.
    (2) [Reserved]
    (i) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, P.O. Box 9101, Quincy, MA 02269-9101; telephone: (800) 344-3555; 
email: [email protected]; website: https://www.nfpa.org/Codes-and-
Standards:

[[Page 35]]

    (1) NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing 
Apparatus for Fire and Emergency Services, IBR approved for 1915.505(e).
    (2) NFPA 1971-2000, Standard on Protective Ensemble for Structural 
Fire Fighting, IBR approved for Sec.  1915.505(e).
    (3) NFPA 1976-2000, Standard on Protective Ensemble for Proximity 
Fire Fighting, IBR approved for Sec.  1915.505(e).
    (4) NFPA 1982-1998, Standard on Personal Alert Safety Systems 
(PASS), IBR approved for Sec.  1915.505(e).
    (5) NFPA 1983-2001, Standard on Fire Service Life Safety Rope and 
System Components, IBR approved for Sec.  1915.505(e).
    (6) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR 
approved for Sec.  1915.507(b).
    (7) NFPA 14-2003 Standard for the Installation of Standpipe and Hose 
Systems, IBR approved for Sec. Sec.  1915.507(b) and (d).
    (8) NFPA 72-2002 National Fire Alarm Code, IBR approved for Sec.  
1915.507(c).
    (9) NFPA 13-2002 Standard for the Installation of Sprinkler Systems, 
IBR approved for Sec.  1915.507(d).
    (10) NFPA 750-2003 Standard on Water Mist Fire Protection Systems, 
IBR approved for Sec.  1915.507(d).
    (11) NFPA 25-2002, Inspection, Testing, and Maintenance of Water-
Based Fire Protection Systems, IBR approved for Sec.  1915.507(d).
    (12) NFPA 15-2001, Standard for Water Spray Fixed Systems for Fire 
Protection, IBR approved for Sec.  1915.507(d).
    (13) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion 
Foam, IBR approved for Sec.  1915.507(d).
    (14) NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems, 
IBR approved for Sec.  1915.507(d).
    (15) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing Systems, 
IBR approved for Sec.  1915.507(d).
    (16) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing 
Systems, IBR approved for Sec.  1915.507(d).
    (17) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing 
Systems, IBR approved for Sec.  1915.507(d).
    (18) NFPA 1403-2002, Standard on Live Fire Training Evolutions, IBR 
approved for Sec.  1915.508(d).

[86 FR 54613, Oct. 4, 2021]



Sec.  1915.6  commercial diving operations.

    commercial diving operations shall be subject to subpart T of part 
1910, Sec. Sec.  1910.401-1910.441 of this chapter.



Sec.  1915.7  Competent person.

    (a) Application. This section applies to shipyard employment.
    (b) Designation. (1) One or more competent persons shall be 
designated by the employer in accordance with the applicable 
requirements of this section, unless the requirements of subparts B, C, 
D and H of this part are always carried out by a Marine Chemist. 
Exception: The employer may designate any person who meets the 
applicable portions of the criteria set forth in paragraph (c) of this 
section as a competent person who is limited to performing testing to 
the following situations:
    (i) Repair work on small craft in boat yards where only combustible 
gas indicator tests are required for fuel tank leaks or when using 
flammable paints below decks;
    (ii) Building of wooden vessels where only knowledge of the 
precautions to be taken when using flammable paints is required;
    (iii) The breaking of vessels where there is no fuel oil or other 
flammable hazard; and
    (iv) Tests and inspections performed to comply with Sec. Sec.  
1915.35(b)(8) and 1915.36(a)(5).
    (2)(i) The employer shall maintain either a roster of designated 
competent persons or a statement that a Marine Chemist will perform the 
tests or inspections which require a competent person.
    (ii) The employer shall make the roster of designated persons or the 
statement available to employees, the employee's representative, the 
Director or the Assistant Secretary upon request.
    (iii) The roster shall contain, as a minimum, the following:
    (A) The employers' name,
    (B) The designated competent person's name(s), and
    (C) The date the employee was trained as a competent person.
    (c) Criteria. The employer shall ensure that each designated 
competent person has the following skills and knowledge:

[[Page 36]]

    (1) Ability to understand and carry out written or oral information 
or instructions left by Marine Chemist, Coast Guard authorized persons 
and Certified Industrial Hygienists;
    (2) Knowledge of subparts B, C, D and H of this part;
    (3) Knowledge of the structure, location, and designation of spaces 
where work is done;
    (4) Ability to calibrate and use testing equipment including but not 
limited to, oxygen indicators, combustible gas indicators, carbon 
monoxide indicators, and carbon dioxide indicators, and to interpret 
accurately the test results of that equipment;
    (5) Ability to perform all required tests and inspections which are 
or may be performed by a competent person as set forth in subparts B, C, 
D and H of this part.
    (6) Ability to inspect, test, and evaluate spaces to determine the 
need for further testing by a Marine Chemist or a Certified Industrial 
Hygienist; and
    (7) Ability to maintain records required by this section.
    (d) Recordkeeping. (1) When tests and inspections are performed by a 
competent person, Marine Chemist, or Certified Industrial Hygienist as 
required by any provisions of subparts B, C, D, or H of this part, the 
employer shall ensure that the person performing the test and inspection 
records the location, time, date, location of inspected spaces, and the 
operations performed, as well as the test results and any instructions.
    (2) The employer shall ensure that the records are posted in the 
immediate vicinity of the affected operations while work in the spaces 
is in progress. The records shall be kept on file for a period of at 
least three months from the completion date of the specific job for 
which they were generated.
    (3) The employer shall ensure that the records are available for 
inspection by the Assistant Secretary, Director, and employees and their 
representatives.

[59 FR 37856, July 25, 1994]



Sec.  1915.8  OMB control numbers under the Paperwork Reduction Act.

    The following sections or paragraphs contain a collection of 
information requirement which has been approved by the Office of 
Management and Budget under the control number listed.

------------------------------------------------------------------------
                                                                  OMB
                       29 CFR citation                          control
                                                                  No.
------------------------------------------------------------------------
1915.11-1915.16.............................................   1218-0011
1915.83.....................................................   1218-0259
1915.87.....................................................   1218-0259
1915.88.....................................................   1218-0259
1915.89.....................................................   1218-0259
1915.113....................................................   1218-0220
1915.152(b).................................................   1218-0215
1915.152(e).................................................   1218-0215
1915.159(d).................................................   1218-0215
1915.160(d).................................................   1218-0215
1915.172....................................................   1218-0220
1915.501(d).................................................   1218-0248
1915.502(a).................................................   1218-0248
1915.502(b).................................................   1218-0248
1915.502(c).................................................   1218-0248
1915.502(d).................................................   1218-0248
1915.504(a).................................................   1218-0248
1915.505(a).................................................   1218-0248
1915.505(b).................................................   1218-0248
1915.505(d).................................................   1218-0248
1915.506(b).................................................   1218-0248
1915.507(c).................................................   1218-0248
1915.508(a).................................................   1218-0248
1915.508(b).................................................   1218-0248
1915.508(c).................................................   1218-0248
1915.508(d).................................................   1218-0248
1915.508(e).................................................   1218-0248
1915.508(f).................................................   1218-0248
1915.1001...................................................   1218-0195
1915.1003...................................................   1218-0085
1915.1004...................................................   1218-0084
1915.1006...................................................   1218-0086
1915.1007...................................................   1218-0083
1915.1008...................................................   1218-0087
1915.1009...................................................   1218-0089
1915.1010...................................................   1218-0082
1915.1011...................................................   1218-0090
1915.1012...................................................   1218-0080
1915.1013...................................................   1218-0079
1915.1014...................................................   1218-0088
1915.1015...................................................   1218-0044
1915.1016...................................................   1218-0081
1915.1017...................................................   1218-0010
1915.1018...................................................   1218-0104
1915.1024...................................................   1218-0267
1915.1025...................................................   1218-0092
1915.1026...................................................   1218-0252
1915.1027...................................................   1218-0185
1915.1028...................................................   1218-0129
1915.1030...................................................   1218-0180
1915.1044...................................................   1218-0101
1915.1045...................................................   1218-0126
1915.1047...................................................   1218-0108
1915.1048...................................................   1218-0145
1915.1050...................................................   1218-0184
1915.1053...................................................   1218-0266
1915.1120...................................................   1218-0065
1915.1200...................................................   1218-0072
1915.1450...................................................   1218-0131
------------------------------------------------------------------------


[[Page 37]]


[61 FR 5509, Feb. 13, 1996, as amended at 62 FR 33547, June 20, 1997; 63 
FR 13340, Mar. 19, 1998; 70 FR 13371, Mar. 21, 2005; 71 FR 38086, July 
5, 2006; 77 FR 19, Jan. 3, 2012; 81 FR 48710, July 27, 2016; 83 FR 9703, 
Mar. 7, 2018]



Sec.  1915.9  Compliance duties owed to each employee.

    (a) Personal protective equipment. Standards in this part requiring 
the employer to provide personal protective equipment (PPE), including 
respirators and other types of PPE, because of hazards to employees 
impose a separate compliance duty with respect to each employee covered 
by the requirement. The employer must provide PPE to each employee 
required to use the PPE, and each failure to provide PPE to an employee 
may be considered a separate violation.
    (b) Training. Standards in this part requiring training on hazards 
and related matters, such as standards requiring that employees receive 
training or that the employer train employees, provide training to 
employees, or institute or implement a training program, impose a 
separate compliance duty with respect to each employee covered by the 
requirement. The employer must train each affected employee in the 
manner required by the standard, and each failure to train an employee 
may be considered a separate violation.

[73 FR 75587, Dec. 12, 2008]



 Subpart B_Confined and Enclosed Spaces and Other Dangerous Atmospheres 
                         in Shipyard Employment

    Source: 59 FR 37857, July 25, 1994, unless otherwise noted.



Sec.  1915.11  Scope, application and definitions applicable to this subpart.

    (a) Scope and application. This subpart applies to work in confined 
and enclosed spaces and other dangerous atmospheres in shipyard 
employment, including vessels, vessel sections, and on land-side 
operations regardless of geographic location.
    (b) Definitions applicable to this subpart. Adjacent spaces means 
those spaces bordering a subject space in all directions, including all 
points of contact, corners, diagonals, decks, tank tops, and bulkheads.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, or designated representative.
    Certified Industrial Hygienist (CIH) means an industrial hygienist 
who is certified by the American Board of Industrial Hygiene.
    Coast Guard authorized person means an individual who meets the 
requirement of appendix B to subpart B of this part 1915 for tank 
vessels, for passenger vessels, and for cargo and miscellaneous vessels.
    Dangerous atmosphere means an atmosphere that may expose employees 
to the risk of death, incapacitation, impairment of ability to self-
rescue (i.e., escape unaided from a confined or enclosed space), injury, 
or acute illness.
    Director means the Director of the National Institute for 
Occupational Safety and Health, U.S. Department of Health and Human 
Services, or designated representative.
    Enter with Restrictions denotes a space where entry for work is 
permitted only if engineering controls, personal protective equipment, 
clothing, and time limitations are as specified by the Marine Chemist, 
Certified Industrial Hygienist, or the shipyard competent person.
    Entry means the action by which a person passes through an opening 
into a space. Entry includes ensuing work activities in that space and 
is considered to have occurred as soon as any part of the entrant's body 
breaks the plane of an opening into the space.
    Hot work means any activity involving riveting, welding, burning, 
the use of powder-actuated tools or similar fire-producing operations. 
Grinding, drilling, abrasive blasting, or similar spark-producing 
operations are also considered hot work except when such operations are 
isolated physically from any atmosphere containing more than 10 percent 
of the lower explosive limit of a flammable or combustible substance.
    Immediately dangerous to life or health (IDLH) means an atmosphere 
that poses an immediate threat to life or

[[Page 38]]

that is likely to result in acute or immediate severe health effects.
    Inert or inerted atmosphere means an atmospheric condition where:
    (1) The oxygen content of the atmosphere in the space is maintained 
at a level equal to or less than 8.0 percent by volume or at a level at 
or below 50 percent of the amount required to support combustion, 
whichever is less; or
    (2) The space is flooded with water and the vapor concentration of 
flammable or combustible materials in the free space atmosphere above 
the water line is less than 10 percent of the lower explosive limit for 
the flammable or combustible material.
    Labeled means identified with a sign, placard, or other form of 
written communication, including pictograms, that provides information 
on the status or condition of the work space to which it is attached.
    Lower explosive limit (LEL) means the minimum concentration of vapor 
in air below which propagation of a flame does not occur in the presence 
of an ignition source.
    Marine Chemist means an individual who possesses a current Marine 
Chemist Certificate issued by the National Fire Protection Association.
    Not Safe for Hot Work denotes a space where hot work may not be 
performed because the conditions do not meet the criteria for Safe for 
Hot Work.
    Nationally Recognized Testing Laboratory (NRTL) means an 
organization recognized by OSHA, in accordance with appendix A of 29 CFR 
1910.7, which tests for safety and lists or labels or accepts equipment 
and materials that meet all the criteria found in Sec.  1910.7(b)(1) 
through (b)(4)(ii).
    Not Safe for Workers denotes a space where an employee may not enter 
because the conditions do not meet the criteria for Safe for Workers.
    Oxygen-deficient atmosphere means an atmosphere having an oxygen 
concentration of less than 19.5 percent by volume.
    Oxygen-enriched atmosphere means an atmosphere that contains 22.0 
percent or more oxygen by volume.
    Safe for Hot Work denotes a space that meets all of the following 
criteria:
    (1) The oxygen content of the atmosphere does not exceed 22.0 
percent by volume;
    (2) The concentration of flammable vapors in the atmosphere is less 
than 10 percent of the lower explosive limit;
    (3) The residues or materials in the space are not capable of 
producing a higher concentration than permitted in paragraph (1) or (2) 
of the above, under existing atmospheric conditions in the presence of 
hot work and while maintained as directed by the Marine Chemist or 
competent person, and
    (4) All adjacent spaces have been cleaned, or inerted, or treated 
sufficiently to prevent the spread of fire.
    Safe for Workers denotes a space that meets the following criteria:
    (1) The oxygen content of the atmosphere is at least 19.5 percent 
and below 22 percent by volume;
    (2) The concentration of flammable vapors is below 10 percent of the 
lower explosive limit (LEL);
    (3) Any toxic materials in the atmosphere associated with cargo, 
fuel, tank coatings, or inerting media are within permissible 
concentrations at the time of the inspection; and
    (4) Any residues or materials associated with the work authorized by 
the Marine Chemist, Certified Industrial Hygienist, or competent person 
will not produce uncontrolled release of toxic materials under existing 
atmospheric conditions while maintained as directed.
    Space means an area on a vessel or vessel section or within a 
shipyard such as, but not limited to: cargo tanks or holds; pump or 
engine rooms; storage lockers; tanks containing flammable or combustible 
liquids, gases, or solids; rooms within buildings; crawl spaces; 
tunnels; or accessways. The atmosphere within a space is the entire area 
within its bounds.
    Upper explosive limit (UEL) means the maximum concentration of 
flammable vapor in air above which propagation of flame does not occur 
on contact with a source of ignition.
    Vessel section means a sub-assembly, module, or other component of a 
vessel being built, repaired, or broken.
    Visual inspection means the physical survey of the space, its 
surroundings and contents to identify hazards such

[[Page 39]]

as, but not limited to, restricted accessibility, residues, unguarded 
machinery, and piping or electrical systems.



Sec.  1915.12  Precautions and the order of testing before entering confined
and enclosed spaces and other dangerous atmospheres.

    The employer shall ensure that atmosphereic testing is performed in 
the following sequence: oxygen content, flammability, toxicity.
    (a) Oxygen content. (1) The employer shall ensure that the following 
spaces are visually inspected and tested by a competent person to 
determine the atmosphere's oxygen content prior to initial entry into 
the space by an employee:
    (i) Spaces that have been sealed, such as, but not limited to, 
spaces that have been coated and closed up, and non-ventilated spaces 
that have been freshly painted;
    (ii) Spaces and adjacent spaces that contain or have contained 
combustible or flammable liquids or gases;
    (iii) Spaces and adjacent spaces that contain or have contained 
liquids, gases, or solids that are toxic, corrosive, or irritant;
    (iv) Spaces and adjacent spaces that have been fumigated; and
    (v) Spaces containing materials or residues of materials that create 
an oxygen-deficient atmosphere.
    (2) If the space to be entered contains an oxygen deficient 
atmosphere, the space shall be labeled ``Not Safe for Workers'' or, if 
oxygen-enriched, ``Not Safe for Workers--Not Safe for Hot Work.'' If an 
oxygen-deficient or oxygen-enriched atmosphere is found, ventilation 
shall be provided at volumes and flow rates sufficient to ensure that 
the oxygen content is maintained at or above 19.5 percent and below 22.0 
percent by volume. The warning label may be removed when the oxygen 
content is equal to or greater than 19.5 and less than 22.0 percent by 
volume.
    (3) An employee may not enter a space where the oxygen content, by 
volume, is below 19.5 percent or above 22.0 percent. Exception: An 
employee may enter for emergency rescue or for a short duration for 
installation of ventilation equipment necessary to start work in the 
space provided:
    (i) The atmosphere in the space is monitored for oxygen content, by 
volume, continuously; and
    (ii) Respiratory protection and other appropriate personal 
protective equipment and clothing are provided in accordance with 
subpart I of this part.

    Note to paragraph (a): Other provisions for work in IDLH atmospheres 
are located in subpart I of this part.

    (b) Flammable atmospheres. (1) The employer shall ensure that spaces 
and adjacent spaces that contain or have contained combustible or 
flammable liquids or gases are:
    (i) Inspected visually by the competent person to determine the 
presence of combustible or flammable liquids; and
    (ii) Tested by a competent person prior to entry by an employee to 
determine the concentration of flammable vapors and gases within the 
space.
    (2) If the concentration of flammable vapors or gases in the space 
to be entered is equal to or greater than 10 percent of the lower 
explosive limit, the space shall be labeled ``Not Safe for Workers'' and 
``Not Safe for Hot Work.'' Ventilation shall be provided at volumes and 
flow rates sufficient to ensure that the concentration of flammable 
vapors is maintained below 10 percent of the lower explosive limit. The 
warning labels may be removed when the concentration of flammable vapors 
is below 10 percent of the lower explosive limit.
    (3) An employee may not enter a space where the concentration of 
flammable vapors or gases is equal to or greater than 10 percent of the 
lower explosive limit. Exception: An employee may enter for emergency 
rescue or for a short duration for installation of ventilation equipment 
necessary to start work in the space, provided:
    (i) No ignition sources are present;
    (ii) The atmosphere in the space is monitored continuously;
    (iii) Atmospheres at or above the upper explosive limit are 
maintained; and
    (iv) Respiratory protection and other appropriate personal 
protective equipment and clothing are provided in accordance with 
subpart I of this part.


[[Page 40]]


    Note 1 to paragraph (b): Additional provisions for work in IDLH 
atmospheres are located in subpart I of this part.
    Note 2 to paragraph (b): Additional provisions for work in spaces 
containing a flammable substance which also has a permissible exposure 
limit, are located in subpart Z of 29 CFR part 1915, and Sec.  
1915.12(c).

    (c) Toxic, corrosive, irritant or fumigated atmospheres and 
residues. (1) The employer shall ensure that spaces or adjacent spaces 
that contain or have contained liquids, gases, or solids that are toxic, 
corrosive or irritant are:
    (i) Inspected visually by the competent person to determine the 
presence of toxic, corrosive, or irritant residue contaminants; and
    (ii) Tested by a competent person prior to initial entry by an 
employee to determine the air concentration of toxics, corrosives, or 
irritants within the space.
    (2) If a space contains an air concentration of a material which 
exceeds a part 1915 subpart Z permissible exposure limit (PEL) or is 
IDLH, the space shall be labeled ``Not Safe for Workers.'' Ventilation 
shall be provided at volumes and flow rates which will ensure that air 
concentrations are maintained within the PEL or, in the case of 
contaminants for which there is no established PEL, below the IDLH. The 
warning label may be removed when the concentration of contaminants is 
maintained within the PEL or below IDLH level.
    (3) If a space cannot be ventilated to within the PELs or is IDLH, a 
Marine Chemist or CIH must re-test until the space can be certified 
``Enter with Restrictions'' or ``Safe for Workers.''
    (4) An employee may not enter a space whose atmosphere exceeds a PEL 
or is IDLH. Exception: An employee may enter for emergency rescue, or 
for a short duration for installation of ventilation equipment provided:
    (i) The atmosphere in the space is monitored continuously;
    (ii) Respiratory protection and other necessary and appropriate 
personal protective equipment and clothing are provided in accordance 
with subpart I of this part.

    Note to paragraph (c): Other provisions for work in IDLH atmospheres 
are located in subpart I of this part.

    (d) Training of employees entering confined and enclosed spaces or 
other dangerous atmospheres. (1) The employer shall ensure that each 
employee that enters a confined or enclosed space and other areas with 
dangerous atmospheres is trained to perform all required duties safely.
    (2) The employer shall ensure that each employee who enters a 
confined space, enclosed space, or other areas with dangerous 
atmospheres is trained to:
    (i) Recognize the characteristics of the confined space;
    (ii) Anticipate and be aware of the hazards that may be faced during 
entry;
    (iii) Recognize the adverse health effects that may be caused by the 
exposure to a hazard;
    (iv) Understand the physical signs and reactions related to 
exposures to such hazards;
    (v) Know what personal protective equipment is needed for safe entry 
into and exit from the space;
    (vi) Use personal protective equipment; and
    (vii) Where necessary, be aware of the presence and proper use of 
barriers that may be needed to protect an entrant from hazards.
    (3) The employer shall ensure that each entrant into confined or 
enclosed spaces or other dangerous atmospheres is trained to exit the 
space or dangerous atmosphere whenever:
    (i) The employer or his or her representative orders evacuation;
    (ii) An evacuation signal such as an alarm is activated ; or
    (iii) The entrant perceives that he or she is in danger.
    (4) The employer shall provide each employee with training:
    (i) Before the entrant begins work addressed by this section; and
    (ii) Whenever there is a change in operations or in an employee's 
duties that presents a hazard about which the employee has not 
previously been trained.
    (5) The employer shall certify that the training required by 
paragraphs (d)(1) through (d)(4) of this section has been accomplished.

[[Page 41]]

    (i) The certification shall contain the employee's name, the name of 
the certifier, and the date(s) of the certification.
    (ii) The certification shall be available for inspection by the 
Assistant Secretary, the Director, employees, and their representatives.
    (e) Rescue teams. The employer shall either establish a shipyard 
rescue team or arrange for an outside rescue team which will respond 
promptly to a request for rescue service.
    (1) Shipyard rescue teams shall meet the following criteria:
    (i) Each employee assigned to the shipyard team shall be provided 
with and trained to use the personal protective equipment he or she will 
need, including respirators and any rescue equipment necessary for 
making rescues from confined and enclosed spaces and other dangerous 
atmospheres.
    (ii) Each employee assigned to the shipyard rescue team shall be 
trained to perform his or her rescue functions including confined and 
enclosed and other dangerous atmosphere entry.
    (iii) Shipyard rescue teams shall practice their skills at least 
once every 12 months. Practice drills shall include the use of 
mannequins and rescue equipment during simulated rescue operations 
involving physical facilities that approximate closely those facilities 
from which rescue may be needed.

    Note to paragraph (e)(1)(iii): If the team performs an actual rescue 
during the 12 month period, an additional practice drill for that type 
of rescue is not required.

    (iv) At least one person on each rescue team shall maintain current 
certification in basic first aid which includes maintenance of an 
airway, control of bleeding, maintenance of circulation and 
cardiopulmonary resuscitation (CPR) skills.
    (2) The employer shall inform outside rescue teams of the hazards 
that the team may encounter when called to perform confined and enclosed 
space or other dangerous atmosphere rescue at the employer's facility so 
that the rescue team can be trained and equipped.

    Note to paragraph (e): The criteria for in-house rescue, listed in 
paragraph (e)(1) can be used by the employer in evaluating outside 
rescue services.

    (f) Exchanging hazard information between employers. Each employer 
whose employees work in confined and enclosed spaces or other dangerous 
atmospheres shall ensure that all available information on the hazards, 
safety rules, and emergency procedures concerning those spaces and 
atmospheres is exchanged with any other employer whose employees may 
enter the same spaces.

[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]



Sec.  1915.13  Cleaning and other cold work.

    (a) Locations covered by this section. The employer shall ensure 
that manual cleaning and other cold work are not performed in the 
following spaces unless the conditions of paragraph (b) of this section 
have been met:
    (1) Spaces containing or having last contained bulk quantities of 
combustible or flammable liquids or gases; and
    (2) Spaces containing or having last contained bulk quantities of 
liquids, gases or solids that are toxic, corrosive or irritating.
    (b) Requirements for performing cleaning or cold work. (1) Liquid 
residues of hazardous materials shall be removed from work spaces as 
thoroughly as practicable before employees start cleaning operations or 
cold work in a space. Special care shall be taken to prevent the 
spilling or the draining of these materials into the water surrounding 
the vessel, or for shore-side operations, onto the surrounding work 
area.
    (2) Testing shall be conducted by a competent person to determine 
the concentration of flammable, combustible, toxic, corrosive, or 
irritant vapors within the space prior to the beginning of cleaning or 
cold work.
    (3) Continuous ventilation shall be provided at volumes and flow 
rates sufficient to ensure that the concentration(s) of:
    (i) Flammable vapor is maintained below 10 percent of the lower 
explosive limit; and

    Note to paragraph (b)(3)(i): Spaces containing highly volatile 
residues may require additional ventilation to keep the concentration of 
flammable vapors below 10 percent of

[[Page 42]]

the lower explosive limit and within the permissible exposure limit.

    (ii) Toxic, corrosive, or irritant vapors are maintained within the 
permissible exposure limits and below IDLH levels.
    (4) Testing shall be conducted by the competent person as often as 
necessary during cleaning or cold work to assure that air concentrations 
are below 10 percent of the lower explosive limit and within the PELs 
and below IDLH levels. Factors such as, but not limited to, temperature, 
volatility of the residues and other existing conditions in and about 
the spaces are to be considered in determining the frequency of testing 
necessary to assure a safe atmosphere.

    Note to paragraph (b)(4): See appendix A for additional information 
on frequency of testing.

    (5) Spills or other releases of flammable, combustible, toxic, 
corrosive, and irritant materials shall be cleaned up as work 
progresses.
    (6) An employee may not enter a confined or enclosed space or other 
dangerous atmosphere if the concentration of flammable or combustible 
vapors in work spaces exceeds 10 percent of the lower explosive limit. 
Exception: An employee may enter for emergency rescue or for a short 
duration for installation of ventilation equipment provided:
    (i) No ignition sources are present;
    (ii) The atmosphere in the space is monitored continuously;
    (iii) The atmosphere in the space is maintained above the upper 
explosive limit; and
    (iv) Respiratory protection, personal protective equipment, and 
clothing are provided in accordance with subpart I of this part.

    Note to paragraph (b)(6): Other provisions for work in IDLH and 
other dangerous atmospheres are located in subpart I of this part.

    (7) A competent person shall test ventilation discharge areas and 
other areas where discharged vapors may collect to determine if vapors 
discharged from the spaces being ventilated are accumulating in 
concentrations hazardous to employees.
    (8) If the tests required in paragraph (b)(7) of this section 
indicate that concentrations of exhaust vapors that are hazardous to 
employees are accumulating, all work in the contaminated area shall be 
stopped until the vapors have dissipated or been removed.
    (9) Only explosion-proof, self-contained portable lamps, or other 
electric equipment approved by a National Recognized Testing Laboratory 
(NRTL) for the hazardous location shall be used in spaces described in 
paragraph (a) of this section until such spaces have been certified as 
``Safe for Workers.''

    Note to paragraph (b)(9): Battery-fed, portable lamps or other 
electric equipment bearing the approval of a NRTL for the class, and 
division of the location in which they are used are deemed to meet the 
requirements of this paragraph.

    (10) The employer shall prominently post signs that prohibit sources 
of ignition within or near a space that has contained flammable or 
combustible liquids or gases in bulk quantities:
    (i) At the entrance to those spaces;
    (ii) In adjacent spaces; and
    (iii) In the open area adjacent to those spaces.
    (11) All air moving equipment and its component parts, including 
duct work, capable of generating a static electric discharge of 
sufficient energy to create a source of ignition, shall be bonded 
electrically to the structure of a vessel or vessel section or, in the 
case of land-side spaces, grounded to prevent an electric discharge in 
the space.
    (12) Fans shall have non-sparking blades, and portable air ducts 
shall be of non-sparking materials.

    Note to paragraph (b): See Sec.  1915.12(c) of this part and 
applicable requirements of 29 CFR part 1915, subpart Z for other 
provisions affecting cleaning and cold work.



Sec.  1915.14  Hot work.

    (a) Hot work requiring testing by a Marine Chemist or Coast Guard 
authorized person. (1) The employer shall ensure that hot work is not 
performed in or on any of the following confined and enclosed spaces and 
other dangerous atmospheres, boundaries of spaces or pipelines until the 
work area has been tested and certified by a Marine Chemist or a U.S. 
Coast Guard authorized person as ``Safe for Hot Work'':
    (i) Within, on, or immediately adjacent to spaces that contain or 
have

[[Page 43]]

contained combustible or flammable liquids or gases.
    (ii) Within, on, or immediately adjacent to fuel tanks that contain 
or have last contained fuel; and
    (iii) On pipelines, heating coils, pump fittings or other 
accessories connected to spaces that contain or have last contained 
fuel.
    (iv) Exception: On dry cargo, miscellaneous and passenger vessels 
and in the landside operations within spaces which meet the standards 
for oxygen, flammability and toxicity in Sec.  1915.12, but are adjacent 
to spaces containing flammable gases or liquids, with a flash point 
below 150 [deg]F (65.6 [deg]C) when the distance between such spaces and 
the work is 25 feet (7.62 m) or greater.

    Note to paragraph (a)(1)(iv): For flammable liquids with flash 
points above 150 [deg]F (65.6 [deg]C), see paragraph (b) of this 
section.

    (2) The certificate issued by the Marine Chemist or Coast Guard 
authorized person shall be posted in the immediate vicinity of the 
affected operations while they are in progress and kept on file for a 
period of at least three months from the date of the completion of the 
operation for which the certificate was generated.
    (b) Hot work requiring testing by a competent person. (1) Hot work 
is not permitted in or on the following spaces or adjacent spaces or 
other dangerous atmospheres until they have been tested by a competent 
person and determined to contain no concentrations of flammable vapors 
equal to or greater than 10 percent of the lower explosive limit:
    (i) Dry cargo holds,
    (ii) The bilges,
    (iii) The engine room and boiler spaces for which a Marine Chemist 
or a Coast Guard authorized person certificate is not required under 
paragraph (a)(1)(i) of this section.
    (iv) Vessels and vessel sections for which a Marine Chemist or Coast 
Guard authorized person certificate is not required under paragraph 
(a)(1)(iv) of this section.
    (v) Land-side confined and enclosed spaces or other dangerous 
atmospheres not covered by paragraph (a)(1) of this section.
    (2) If the concentration of flammable vapors or gases is equal to or 
greater than 10 percent of the lower explosive limit in the space or an 
adjacent space where the hot work is to be done, then the space shall be 
labeled ``Not Safe for Hot Work'' and ventilation shall be provided at 
volumes and flow rates sufficient to ensure that the concentration of 
flammable vapors or gases is below 10 percent by volume of the lower 
explosive limit. The warning label may be removed when the concentration 
of flammable vapors and gases are below 10 percent lower explosive 
limit.

    Note to Sec.  1915.14: See appendix A of this subpart for additional 
information relevant to performing hot work safely.

[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995; 
67 FR 44541, July 3, 2002]



Sec.  1915.15  Maintenance of safe conditions.

    (a) Preventing hazardous materials from entering. Pipelines that 
could carry hazardous materials into spaces that have been certified 
``Safe for Workers'' or ``Safe for Hot Work'' shall be disconnected, 
blanked off, or otherwise blocked by a positive method to prevent 
hazardous materials from being discharged into the space.
    (b) Alteration of existing conditions. When a change that could 
alter conditions within a tested confined or enclosed space or other 
dangerous atmosphere occurs, work in the affected space or area shall be 
stopped. Work may not be resumed until the affected space or area is 
visually inspected and retested and found to comply with Sec. Sec.  
1915.12, 1915.13, and 1915.14 of this part, as applicable.

    Note to paragraph (b): Examples of changes that would warrant the 
stoppage of work include: The opening of manholes or other closures or 
the adjusting of a valve regulating the flow of hazardous materials.

    (c) Tests to maintain the conditions of a Marine Chemist's or Coast 
Guard authorized person's certificates. A competent person shall 
visually inspect and test each space certified as ``Safe for Workers'' 
or ``Safe for Hot Work,'' as often as necessary to ensure that 
atmospheric conditions within that space are

[[Page 44]]

maintained within the conditions established by the certificate after 
the certificate has been issued.
    (d) Change in the conditions of a Marine Chemist's or Coast Guard 
authorized person's certificate. If a competent person finds that the 
atmospheric conditions within a certified space fail to meet the 
applicable requirements of Sec. Sec.  1915.12, 1915.13, and 1915.14 of 
this part, work in the certified space shall be stopped and may not be 
resumed until the space has been retested by a Marine Chemist or Coast 
Guard authorized person and a new certificate issued in accordance with 
Sec.  1915.14(a).
    (e) Tests to maintain a competent person's findings. After a 
competent person has conducted a visual inspection and tests required in 
Sec. Sec.  1915.12, 1915.13, and 1915.14 of this part and determined a 
space to be safe for an employee to enter, he or she shall continue to 
test and visually inspect spaces as often as necessary to ensure that 
the required atmospheric conditions within the tested space are 
maintained.''
    (f) Changes in conditions determined by competent person's findings. 
After the competent person has determined initially that a space is safe 
for an employee to enter and he or she finds subsequently that the 
conditions within the tested space fail to meet the requirements of 
Sec. Sec.  1915.12, 1915.13, and 1915.14, of this part, as applicable, 
work shall be stopped until the conditions in the tested space are 
corrected to comply with Sec. Sec.  1915.12, 1915.13, and 1915.14, as 
applicable.

[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995; 
67 FR 44541, July 3, 2002]



Sec.  1915.16  Warning signs and labels.

    (a) Employee comprehension of signs and labels. The Employer shall 
ensure that each sign or label posted to comply with the requirements of 
this subpart is presented in a manner that can be perceived and 
understood by all employees.
    (b) Posting of large work areas. A warning sign or label required by 
paragraph (a) of this section need not be posted at an individual tank, 
compartment or work space within a work area if the entire work area has 
been tested and certified: not safe for workers, not safe for hot work, 
and if the sign or label to this effect is posted conspicuously at each 
means of access to the work area.



    Sec. Appendix A to Subpart B of Part 1915--Compliance Assistance 
    Guidelines for Confined and Enclosed Spaces and Other Dangerous 
                               Atmospheres

    This appendix is a non-mandatory set of guidelines provided to 
assist employers in complying with the requirements of this subpart. 
This appendix neither creates additional obligations nor detracts from 
obligations otherwise contained in the standard. It is intended to 
provide explanatory information and educational material to employers 
and employees to foster understanding of, and compliance with, the 
standard.
    Sections 1915.11 through 1915.16. These standards are minimum safety 
standards for entering and working safely in vessel tanks and 
compartments.
    Section 1915.11(b) Definition of ``Hot work.'' There are several 
instances in which circumstances do not necessitate that grinding, 
drilling, abrasive blasting be regarded as hot work. Some examples are:
    1. Abrasive blasting of the external surface of the vessel (the 
hull) for paint preparation does not necessitate pumping and cleaning 
the tanks of the vessel.
    2. Prior to hot work on any hollow structure, the void space should 
be tested and appropriate precautions taken.
    Section 1915.11(b) Definition of ``Lower explosive limit.'' The 
terms lower flammable limit (LFL) and lower explosive limit (LEL) are 
used interchangeably in fire science literature.
    Section 1915.11(b) Definition of ``Upper explosive limit.'' The 
terms upper flammable limit (UFL) and upper explosive limit (UEL) are 
used interchangeably in fire science literature.
    Section 1915.12(a)(3). After a tank has been properly washed and 
ventilated, the tank should contain 20.8 percent oxygen by volume. This 
is the same amount found in our normal atmosphere at sea level. However, 
it is possible that the oxygen content will be lower. When this is the 
case, the reasons for this deficiency should be determined and 
corrective action taken.
    An oxygen content of 19.5 percent can support life and is adequate 
for entry. However, any oxygen level greater than 20.8 percent by volume 
should alert the competent person to look for the cause of the oxygen-
enriched atmosphere and correct it prior to entry. In addition, any 
oxygen level lower than 19.5 percent level should also alert the 
competent person to look for the cause of the oxygen-deficiency and 
correct it prior to entry.

[[Page 45]]

    Section 1915.12(b)(3) Flammable atmospheres. Atmospheres with a 
concentration of flammable vapors at or above 10 percent of the lower 
explosive limit (LEL) are considered hazardous when located in confined 
spaces. However, atmospheres with flammable vapors below 10 percent of 
the LEL are not necessarily safe.
    Such atmospheres are too lean to burn. Nevertheless, when a space 
contains or produces measurable flammable vapors below the 10 percent 
LEL, it might indicate that flammable vapors are being released or 
introduced into the space and could present a hazard in time. Therefore, 
the cause of the vapors should be investigated and, if possible, 
eliminated prior to entry.
    Some situations that have produced measurable concentrations of 
flammable vapors that could exceed 10 percent of the LEL in time are:
    1. Pipelines that should have been blanked or disconnected have 
opened, allowing product into the space.
    2. The vessel may have shifted, allowing product not previously 
cleaned and removed during washing to move into other areas of the 
vessel.
    3. Residues may be producing the atmosphere by releasing flammable 
vapor.
    Section 1915.12(b)(6) Flammable atmospheres that are toxic. An 
atmosphere with a measurable concentration of a flammable substance 
below 10 percent of the LEL may be above the OSHA permissible exposure 
limit for that substance. In that case, refer to Sec.  1915.12(c) (2), 
(3), and (4).
    Sections 1915.13(b)(4), 1915.15(c), and 1915.15(e). The frequency 
with which a tank is monitored to determine if atmospheric conditions 
are being maintained is a function of several factors that are discussed 
below:
    1. Temperature. Higher temperatures will cause a combustible or 
flammable liquid to vaporize at a faster rate than lower temperatures. 
This is important since hotter days may cause tank residues to produce 
more vapors and that may result in the vapors exceeding 10 percent of 
the LEL or an overexposure to toxic contaminants.
    2. Work in the tank. Any activity in the tank could change the 
atmospheric conditions in that tank. Oxygen from a leaking oxyfuel hose 
or torch could result in an oxygen-enriched atmosphere that would more 
easily propagate a flame. Some welding operations use inert gas, and 
leaks can result in an oxygen-deficient atmosphere. Manual tank cleaning 
with high pressure spray devices can stir up residues and result in 
exposures to toxic contaminants. Simple cleaning or mucking out, where 
employees walk through and shovel residues and sludge, can create a 
change in atmospheric conditions.
    3. Period of time elapsed. If a period of time has elapsed since a 
Marine Chemist or Coast Guard authorized person has certified a tank as 
safe, the atmospheric condition should be rechecked by the competent 
person prior to entry and starting work.
    4. Unattended tanks or spaces. When a tank or space has been tested 
and declared safe, then subsequently left unattended for a period of 
time, it should be retested prior to entry and starting work. For 
example, when barges are left unattended at night, unidentified products 
from another barge are sometimes dumped into their empty tanks. Since 
this would result in a changed atmosphere, the tanks should be retested 
prior to entry and starting work.
    5. Work break. When workers take a break or leave at the end of the 
shift, equipment sometimes is inadvertently left in the tanks. At lunch 
or work breaks and at the end of the shift are the times when it is most 
likely someone will leave a burning or cutting torch in the tank, 
perhaps turned on and leaking oxygen or an inert gas. Since the former 
can produce an oxygen-enriched atmosphere, and the latter an oxygen-
deficient atmosphere, tanks should be checked for equipment left behind, 
and atmosphere, monitored if necessary prior to re-entering and resuming 
work. In an oxygen-enriched atmosphere, the flammable range is severely 
broadened. This means that an oxygen-enriched atmosphere can promote 
very rapid burning.
    6. Ballasting or trimming. Changing the position of the ballast, or 
trimming or in any way moving the vessel so as to expose cargo that had 
been previously trapped, can produce a change in the atmosphere of the 
tank. The atmosphere should be retested after any such move and prior to 
entry or work.
    Section 1915.14 (a) and (b) Hot work. This is a reminder that other 
sections of the OSHA shipyard safety and health standards in part 1915 
should be reviewed prior to starting any hot work. Most notably, subpart 
D, Welding, Cutting and Heating, places additional restrictions on hot 
work. The requirements of Sec. Sec.  1915.51 and 1915.53 must be met 
before hot work is begun on any metal that is toxic or is covered by a 
preservative coating respectively; the requirements of Sec.  1915.54 
must be met before welding, cutting, or heating is begun on any hollow 
containers or structures not covered by Sec.  1915.12.
    Section 1915.12(a)(2). During hot work, more than 20.8 percent 
oxygen by volume can be unsafe since it extends the normal flammable 
range. The standard permits the oxygen level to reach 22 percent by 
volume in order to account for instrument error. However, the cause of 
excess oxygen should be investigated and the source removed.
    Section 1915.16(b). If the entire vessel has been found to be in the 
same condition, then employers shall be considered to be in compliance 
with this requirement when signs

[[Page 46]]

using appropriate warning language in accordance with Sec.  1915.16(a) 
are posted at the gangway and at all other means of access to the 
vessel.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002; 76 
FR 33609, June 8, 2011]



 Sec. Appendix B to Subpart B of Part 1915--Reprint of U.S. Coast Guard 
 Regulations Referenced in Subpart B, for Determination of Coast Guard 
                           Authorized Persons

    This appendix provides a complete reprint of U.S. Coast Guard 
regulations as of October 1, 1993, referenced in subpart B for purposes 
of determining who is a Coast Guard authorized person.
    1. Title 46 CFR 35.01-1 (a) through (c) covering hot work on tank 
vessels reads as follows:
    (a) The provisions of ``Standard for the Control of Gas Hazards on 
Vessels to be Repaired,'' NFPA No. 306, published by National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be 
used as a guide in conducting the inspections and issuance of 
certificates required by this section.
    (b) Until an inspection has been made to determine that such 
operation can be undertaken with safety, no alterations, repairs, or 
other such operations involving riveting, welding, burning, or like 
fire-producing actions shall be made:
    (1) Within or on the boundaries of cargo tanks that have been used 
to carry flammable or combustible liquid or chemicals in bulk, or within 
spaces adjacent to such cargo tanks; or
    (2) Within or on the boundaries of fuel tanks; or
    (3) To pipe lines, heating coils, pumps, fittings, or other 
appurtenances connected to such cargo or fuel tanks.
    (c) Such inspections shall be made and evidenced as follows:
    (1) In ports or places in the United States or its territories and 
possessions, the inspection shall be made by a Marine Chemist 
certificated by the National Fire Protection Association; however, if 
the services of such certified Marine Chemists are not reasonably 
available, the Officer in Charge, Marine Inspection, upon the 
recommendation of the vessel owner and his contractor or their 
representative, shall select a person who, in the case of an individual 
vessel, shall be authorized to make such inspection. If the inspection 
indicates that such operations can be undertaken with safety, a 
certificate setting forth the fact in writing and qualified as may be 
required, shall be issued by the certified Marine Chemist or the 
authorized person before the work is started. Such qualifications shall 
include any requirements as may be deemed necessary to maintain, insofar 
as can reasonably be done, the safe conditions in the spaces certified, 
throughout the operation and shall include such additional tests and 
certifications as considered required. Such qualifications and 
requirements shall include precautions necessary to eliminate or 
minimize hazards that may be present from protective coatings or 
residues from cargoes.
    2. Title 46 CFR 71.60(c)(1) covering hot work on passenger vessels 
reads as follows:
    (a) The provisions of ``Standard for the Control of Gas Hazards on 
Vessels to be Repaired,'' NFPA No. 306, published by National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be 
used as a guide in conducting the inspections and issuance of 
certificates required by this section.
    (b) Until an inspection has been made to determine that such 
operation can be undertaken with safety, no alterations, repairs, or 
other such operations involving riveting, welding, burning, or like 
fire-producing actions shall be made:
    (1) Within or on the boundaries of cargo tanks which have been used 
to carry flammable or combustible liquid or chemicals in bulk, or within 
spaces adjacent to such cargo tanks; or
    (2) Within or on the boundaries of fuel tanks; or
    (3) To pipe lines, heating coils, pumps, fittings, or other 
appurtenances connected to such cargo or fuel tanks.
    (c) Such inspections shall be made and evidenced as follows:
    (1) In ports or places in the United States or its territories and 
possessions the inspection shall be made by a Marine Chemist 
certificated by the National Fire Protection Association; however, if 
the services of such certified Marine Chemist are not reasonably 
available, the Officer in Charge, Marine Inspection, upon the 
recommendation of the vessel owner and his contractor or their 
representative, shall select a person who, in the case of an individual 
vessel, shall be authorized to make such inspection. If the inspection 
indicated that such operations can be undertaken with safety, a 
certificate setting forth the fact in writing and qualified as may be 
required, shall be issued by the certified Marine Chemist or the 
authorized person before the work is started. Such qualifications shall 
include any requirements as may be deemed necessary to maintain, insofar 
as can reasonably be done, the safe conditions in the spaces certified 
throughout the operation and shall include such additional tests and 
certifications as considered required. Such qualifications and 
requirements shall include precautions necessary to eliminate or 
minimize hazards that may be

[[Page 47]]

present from protective coatings or residues from cargoes.
    3. Title 46 CFR 91.50-1(c)(1) covering hot work on cargo and 
miscellaneous vessels as follows:
    (a) The provisions of ``Standard for the Control of Gas Hazards on 
Vessels to be Repaired,'' NFPA No. 306, published by National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be 
used as a guide in conducting the inspections and issuance of 
certificates required by this section.
    (b) Until an inspection has been made to determine that such 
operation can be undertaken with safety, no alterations, repairs, or 
other such operations involving riveting, welding, burning, or like 
fire-producing actions shall be made:
    (1) Within or on the boundaries of cargo tanks which have been used 
to carry flammable or combustible liquid or chemicals in bulk, or within 
spaces adjacent to such cargo tanks; or,
    (2) Within or on the boundaries of fuel tanks; or,
    (3) To pipe lines, heating coils, pumps, fittings, or other 
appurtenances connected to such cargo or fuel tanks.
    (c) Such inspections shall be made and evidenced as follows:
    (1) In ports or places in the United States or its territories and 
possessions the inspection shall be made by a Marine Chemist 
certificated by the National Fire Protection Association; however, if 
the services of such certified Marine Chemist are not reasonably 
available, the Officer in Charge, Marine Inspection, upon the 
recommendation of the vessel owner and his contractor or their 
representative, shall select a person who, in the case of an individual 
vessel, shall be authorized to make such inspection. If the inspection 
indicated that such operations can be undertaken with safety, a 
certificate setting forth the fact in writing and qualified as may be 
required, shall be issued by the certified Marine Chemist or the 
authorized person before the work is started. Such qualifications shall 
include any requirements as may be deemed necessary to maintain, insofar 
as can reasonably be done, the safe conditions in the spaces certified 
throughout the operation and shall include such additional tests and 
certifications as considered required. Such qualifications and 
requirements shall include precautions necessary to eliminate or 
minimize hazards that may be present from protective coatings or 
residues from cargoes.



             Subpart C_Surface Preparation and Preservation



Sec.  1915.31  Scope and application of subpart.

    The standards contained in this subpart shall apply to ship 
repairing and shipbuilding and shall not apply to shipbreaking.



Sec.  1915.32  Toxic cleaning solvents.

    (a) When toxic solvents are used, the employer shall employ one or 
more of the following measures to safeguard the health of employees 
exposed to these solvents.
    (1) The cleaning operation shall be completely enclosed to prevent 
the escape of vapor into the working space.
    (2) Either natural ventilation or mechanical exhaust ventilation 
shall be used to remove the vapor at the source and to dilute the 
concentration of vapors in the working space to a concentration which is 
safe for the entire work period.
    (3) Employees shall be protected against toxic vapors by suitable 
respiratory protective equipment in accordance with the requirements of 
subpart I of this part and, where necessary, against exposure of skin 
and eye contact with toxic solvents and their vapors by suitable 
clothing and equipment.
    (b) The principles in the threshold limit values to which attention 
is directed in Sec.  1915.4 will be used by the Department of Labor in 
enforcement proceedings in defining a safe concentration of air 
contaminants.
    (c) When flammable solvents are used, precautions shall be taken in 
accordance with the requirements of Sec.  1915.36.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec.  1915.33  Chemical paint and preservative removers.

    (a) Employees shall be protected against skin contact during the 
handling and application of chemical paint and preservative removers and 
shall be protected against eye injury by goggles or face shields in 
accordance with the requirements of subpart I of this part.

[[Page 48]]

    (b) When using flammable paint and preservative removers, 
precautions shall be taken in accordance with the requirements of Sec.  
1915.36.
    (c) When using chemical paint and preservative removers which 
contain volatile and toxic solvents, such as benzol, acetone and amyl 
acetate, the provisions of Sec.  1915.32 shall be applicable.
    (d) When using paint and rust removers containing strong acids or 
alkalies, employees shall be protected by suitable face shields to 
prevent chemical burns on the face and neck.
    (e) When steam guns are used, all employees working within range of 
the blast shall be protected by suitable face shields. Metal parts of 
the steam gun itself shall be insulated to protect the operator against 
heat burns.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec.  1915.34  Mechanical paint removers.

    (a) Power tools. (1) Employees engaged in the removal of paints, 
preservatives, rusts, or other coatings by means of power tools shall be 
protected against eye injury by using goggles or face shields in 
accordance with the requirements of subpart I of this part.
    (2) All portable rotating tools used for the removal of paints, 
preservatives, rusts or other coatings shall be adequately guarded to 
protect both the operator and nearby workers from flying missiles.
    (3) Portable electric tools shall be grounded in accordance with the 
requirements of Sec.  1915.132.
    (4) In a confined space, mechanical exhaust ventilation sufficient 
to keep the dust concentration to a minimum shall be used, or employees 
shall be protected by respiratory protective equipment in accordance 
with the requirements of subpart I of this part.
    (b) Flame removal. (1) Hardened preservative coatings shall not be 
removed by flame in enclosed spaces unless the employees exposed to 
fumes are protected by air line respirators in accordance with the 
requirements of subpart I. Employees performing such an operation in the 
open air, and those exposed to the resulting fumes shall be protected by 
a fume filter type respirator in accordance with the requirements of 
subpart I of this part.
    (2) Flame or heat shall not be used to remove soft and greasy 
preservative coatings.
    (c) Abrasive blasting--(1) Equipment. Hoses and fittings used for 
abrasive blasting shall meet the following requirements:
    (i) Hoses. Hose of a type to prevent shocks from static electricity 
shall be used.
    (ii) Hose couplings. Hose lengths shall be joined by metal couplings 
secured to the outside of the hose to avoid erosion and weakening of the 
couplings.
    (iii) Nozzles. Nozzles shall be attached to the hose by fittings 
that will prevent the nozzle from unintentionally becoming disengaged. 
Nozzle attachments shall be of metal and shall fit onto the hose 
externally.
    (iv) Dead man control. A dead man control device shall be provided 
at the nozzle end of the blasting hose either to provide direct cutoff 
or to signal the pot tender by means of a visual and audible signal to 
cut off the flow, in the event the blaster loses control of the hose. 
The pot tender shall be available at all times to respond immediately to 
the signal.
    (2) Replacement. Hoses and all fittings used for abrasive blasting 
shall be inspected frequently to insure timely replacement before an 
unsafe amount of wear has occurred.
    (3) Personal protective equipment. (i) Abrasive blasters working in 
enclosed spaces shall be protected by hoods and air line respirators, or 
by air helmets of a positive pressure type in accordance with the 
requirements of subpart I of this part.
    (ii) Abrasive blasters working in the open shall be protected as 
indicated in paragraph (c)(3)(i) of this section except that when 
synthetic abrasive containing less than one percent free silica are 
used, filter type respirators approved jointly by the National Institute 
for Occupational Safety and Health and the Mine Safety and Health 
Administration for exposure to lead dusts, used in conjunction with the 
proper eye, face and head protection, may be used in accordance with 
subpart I of this part.

[[Page 49]]

    (iii) Employees, other than blasters, including machine tenders and 
abrasive recovery men, working in areas where unsafe concentrations of 
abrasive materials and dusts are present shall be protected by eye and 
respiratory protective equipment in accordance with the requirements of 
subpart I of this part.
    (iv) The blaster shall be protected against injury from exposure to 
the blast by appropriate protective clothing, including gloves.
    (v) Since surges from drops in pressure in the hose line can be of 
sufficient proportions to throw the blaster off the staging, the blaster 
shall be protected by a safety belt when blasting is being done from 
elevations where adequate protection against falling cannot be provided 
by railings.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec.  1915.35  Painting.

    (a) Paints mixed with toxic vehicles or solvents. (1) When paints 
mixed with toxic vehicles or solvents are sprayed, the following 
conditions shall apply:
    (i) In confined spaces, employees continuously exposed to such 
spraying shall be protected by air line respirators in accordance with 
the requirements of subpart I of this part.
    (ii) In tanks or compartments, employees continuously exposed to 
such spraying shall be protected by air line respirators in accordance 
with the requirements of subpart I. Where mechanical ventilation is 
provided, employees shall be protected by respirators in accordance with 
the requirements of subpart I of this part.
    (iii) In large and well ventilated areas, employees exposed to such 
spraying shall be protected by respirators in accordance with the 
requirements of subpart I of this part.
    (2) Where brush application of paints with toxic solvents is done in 
confined spaces or in other areas where lack of ventilation creates a 
hazard, employees shall be protected by filter respirators in accordance 
with the requirements of subpart I of this part.
    (3) When flammable paints or vehicles are used, precautions shall be 
taken in accordance with the requirements of Sec.  1915.36.
    (4) The metallic parts of air moving devices, including fans, 
blowers, and jet-type air movers, and all duct work shall be 
electrically bonded to the vessel's structure.
    (b) Paints and tank coatings dissolved in highly volatile, toxic and 
flammable solvents. Several organic coatings, adhesives and resins are 
dissolved in highly toxic, flammable and explosive solvents with flash 
points below 80 [deg]F. Work involving such materials shall be done only 
when all of the following special precautions have been taken:
    (1) Sufficient exhaust ventilation shall be provided to keep the 
concentration of solvent vapors below ten (10) percent of the lower 
explosive limit. Frequent tests shall be made by a competent person to 
ascertain the concentration.
    (2) If the ventilation fails or if the concentration of solvent 
vapors reaches or exceeds ten (10) percent of the lower explosive limit, 
painting shall be stopped and the compartment shall be evacuated until 
the concentration again falls below ten (10) percent of the lower 
explosive limit. If the concentration does not fall when painting is 
stopped, additional ventilation to bring the concentration to below ten 
(10) percent of the lower explosive limit shall be provided.
    (3) Ventilation shall be continued after the completion of painting 
until the space or compartment is gas free. The final determination as 
to whether the space or compartment is gas free shall be made after the 
ventilating equipment has been shut off for at least 10 minutes.
    (4) Exhaust ducts shall discharge clear of working areas and away 
from sources of possible ignition. Periodic tests shall be made to 
ensure that the exhausted vapors are not accumulating in other areas 
within or around the vessel or dry dock.
    (5) All motors and control equipment shall be of the explosion-proof 
type. Fans shall have nonferrous blades. Portable air ducts shall also 
be of nonferrous materials. All motors and associated control equipment 
shall be properly maintained and grounded.
    (6) Only non-sparking paint buckets, spray guns and tools shall be 
used. Metal parts of paint brushes and rollers

[[Page 50]]

shall be insulated. Staging shall be erected in a manner which ensures 
that it is non-sparking.
    (7) Only explosion proof lights, approved by the Underwriters' 
Laboratories for use in Class I, Group D atmospheres, or approved as 
permissible by the Mine Safety and Health Administration or the U.S. 
Coast Guard, shall be used.
    (8) A competent person shall inspect all power and lighting cables 
to ensure that the insulation is in excellent condition, free of all 
cracks and worn spots, that there are no connections within fifty (50) 
feet of the operation, that lines are not overloaded, and that they are 
suspended with sufficient slack to prevent undue stress or chafing.
    (9) The face, eyes, head, hands, and all other exposed parts of the 
bodies of employees handling such highly volatile paints shall be 
protected. All footwear shall be non-sparking, such as rubbers, rubber 
boots or rubber soled shoes without nails. Coveralls or other outer 
clothing shall be of cotton. Rubber, rather than plastic, gloves shall 
be used because of the danger of static sparks.
    (10) No matches, lighted cigarettes, cigars, or pipes, and no 
cigarette lighters or ferrous articles shall be taken into the area 
where work is being done.
    (11) All solvent drums taken into the compartment shall be placed on 
nonferrous surfaces and shall be grounded to the vessel. Metallic 
contact shall be maintained between containers and drums when materials 
are being transferred from one to another.
    (12) Spray guns, paint pots, and metallic parts of connecting tubing 
shall be electrically bonded, and the bonded assembly shall be grounded 
to the vessel.
    (13) All employees continuously in a compartment in which such 
painting is being performed shall be protected by air line respirators 
in accordance with the requirements of subpart I of this part and by 
suitable protective clothing. Employees entering such compartments for a 
limited time shall be protected by filter cartridge type respirators in 
accordance with the requirements of subpart I of this part.
    (14) All employees doing exterior paint spraying with such paints 
shall be protected by suitable filter cartridge type respirators in 
accordance with the requirements of subpart I of this part and by 
suitable protective clothing.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67 
FR 44541, July 3, 2002]



Sec.  1915.36  Flammable liquids.

    (a) In all cases when liquid solvents, paint and preservative 
removers, paints or vehicles, other than those covered by Sec.  
1915.35(b), are capable of producing a flammable atmosphere under the 
conditions of use, the following precautions shall be taken:
    (1) Smoking, open flames, arcs and spark-producing equipment shall 
be prohibited in the area.
    (2) Ventilation shall be provided in sufficient quantities to keep 
the concentration of vapors below ten (10) percent of their lower 
explosive limit. Frequent tests shall be made by a competent person to 
ascertain the concentration.
    (3) Scrapings and rags soaked with these materials shall be kept in 
a covered metal container.
    (4) Only explosion proof lights, approved by the Underwriters' 
Laboratories for use in Class I, Group D atmospheres, or approved as 
permissible by the Mine Safety and Health Administration or the U.S. 
Coast Guard, shall be used.
    (5) A competent person shall inspect all power and lighting cables 
to ensure that the insulation is in excellent condition, free of all 
cracks and worn spots, that there are no connections within fifty (50) 
feet of the operation, that lines are not overloaded, and that they are 
suspended with sufficient slack to prevent undue stress or chafing.
    (6) Suitable fire extinguishing equipment shall be immediately 
available in the work area and shall be maintained in a state of 
readiness for instant use.

[[Page 51]]



                 Subpart D_Welding, Cutting and Heating



Sec.  1915.51  Ventilation and protection in welding, cutting and heating.

    (a) The provisions of this section shall apply to all ship 
repairing, shipbuilding, and shipbreaking operations; except that 
paragraph (e) of this section shall apply only to ship repairing and 
shipbuilding. Paragraph (g) of this section shall apply only to ship 
repairing.
    (b) Mechanical ventilation requirements. (1) For purposes of this 
section, mechanical ventilation shall meet the following requirements:
    (i) Mechanical ventilation shall consist of either general 
mechanical ventilation systems or local exhaust systems.
    (ii) General mechanical ventilation shall be of sufficient capacity 
and so arranged as to produce the number of air changes necessary to 
maintain welding fumes and smoke within safe limits.
    (iii) Local exhaust ventilation shall consist of freely movable 
hoods intended to be placed by the welder or burner as close as 
practicable to the work. This system shall be of sufficient capacity and 
so arranged as to remove fumes and smoke at the source and keep the 
concentration of them in the breathing zone within safe limits.
    (iv) Contaminated air exhausted from a working space shall be 
discharged into the open air or otherwise clear of the source of intake 
air.
    (v) All air replacing that withdrawn shall be clean and respirable.
    (vi) Oxygen shall not be used for ventilation purposes, comfort 
cooling, blowing dust or dirt from clothing, or for cleaning the work 
area.
    (c) Welding, cutting and heating in confined spaces. (1) Except as 
provided in paragraphs (c)(3) and (d)(2) of this section either general 
ventilation meeting the requirements of paragraph (b) of this section 
shall be provided whenever welding, cutting or heating is performed in a 
confined space.
    (2) The means of access shall be provided to a confined space and 
ventilation ducts to this space shall be arranged in accordance with 
Sec.  1915.76(b) (1) and (2).
    (3) When sufficient ventilation cannot be obtained without blocking 
the means of access, employees in the confined space shall be protected 
by air line respirators in accordance with the requirements of Sec.  
1915.154, and an employee on the outside of such a confined space shall 
be assigned to maintain communication with those working within it and 
to aid them in an emergency.
    (d) Welding, cutting or heating of metals of toxic significance. (1) 
Welding, cutting or heating in any enclosed spaces aboard the vessel 
involving the metals specified below shall be performed with either 
general mechanical or local exhaust ventilation meeting the requirements 
of paragraph (b) of this section:
    (i) Zinc-bearing base or filler metals or metals coated with zinc-
bearing materials.
    (ii) Lead base metals.
    (iii) Cadmium-bearing filler materials.
    (iv) Chromium-bearing metals or metals coated with chromium-bearing 
materials.
    (2) Welding, cutting or heating in any enclosed spaces aboard the 
vessel involving the metals specified below shall be performed with 
local exhaust ventilation in accordance with the requirements of 
paragraph (b) of this section or employees shall be protected by air 
line respirators in accordance with the requirements of Sec.  1915.154:
    (i) Metals containing lead, other than as an impurity, or metals 
coated with lead-bearing materials.
    (ii) Cadmium-bearing or cadmium coated base metals.
    (iii) Metals coated with mercury-bearing metals.
    (iv) Beryllium-containing base or filler metals. Because of its high 
toxicity, work involving beryllium shall be done with both local exhaust 
ventilation and air line respirators.
    (3) Employees performing such operations in the open air shall be 
protected by filter type respirators, and employees performing such 
operations on beryllium-containing base or filler metals shall be 
protected by air line respirators, in accordance with the requirements 
of Sec.  1915.154.
    (4) Other employees exposed to the same atmosphere as the welders or

[[Page 52]]

burners shall be protected in the same manner as the welder or burner.
    (e) Inert-gas metal-arc welding. (1) Since the inert-gas metal-arc 
welding process involves the production of ultraviolet radiation of 
intensities of 5 to 30 times that produced during shielded metal-arc 
welding, the decomposition of chlorinated solvents by ultraviolet rays, 
and the liberation of toxic fumes and gases, employees shall not be 
permitted to engage in, or be exposed to the process until the following 
special precautions have been taken:
    (i) The use of chlorinated solvents shall be kept at least two 
hundred (200) feet from the exposed arc, and surfaces prepared with 
chlorinated solvents shall be thoroughly dry before welding is permitted 
on such surfaces.
    (ii) Helpers and other employees in the area not protected from the 
arc by screening as provided in Sec.  1915.56(e) shall be protected by 
filter lenses meeting the requirements of Sec.  1915.153. When two or 
more welders are exposed to each other's arc, filter lens goggles of a 
suitable type meeting the requirements of Sec.  1915.153 shall be worn 
under welding helmets or hand shields to protect the welder against 
flashes and radiant energy when either the helmet is lifted or the 
shield is removed.
    (iii) Welders and other employees who are exposed to radiation shall 
be suitably protected so that the skin is covered completely to prevent 
burns and other damage by ultraviolet rays. Welding helmets and hand 
shields shall be free of leaks and openings, and free of highly 
reflective surfaces.
    (iv) When inert-gas metal-arc welding is being performed on 
stainless steel, the requirements of paragraph (d)(2) of this section 
shall be met to protect against dangerous concentrations of nitrogen 
dioxide.
    (f) General welding, cutting, and heating. (1) Welding, cutting and 
heating not involving conditions or materials described in paragraph 
(c), (d) or (e) of this section may normally be done without mechanical 
ventilation or respiratory protective equipment, but where, because of 
unusual physical or atmospheric conditions, an unsafe accumulation of 
contaminants exists, suitable mechanical ventilation or respiratory 
protective equipment shall be provided.
    (2) Employees performing any type of welding, cutting or heating 
shall be protected by suitable eye protective equipment in accordance 
with the requirements of Sec.  1915.153.
    (g) Residues and cargoes of metallic ores. (1) Residues and cargoes 
of metallic ores of toxic significance shall be removed from the area or 
protected from the heat before ship repair work which involves welding, 
cutting or heating is begun.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]



Sec.  1915.53  Welding, cutting and heating in way of preservative coatings.

    (a) The provisions in this section shall apply to all ship 
repairing, shipbuilding and shipbreaking operations except for 
paragraphs (e) and (f) of this section which shall apply to ship 
repairing and shipbulding and shall not apply to shipbreaking.
    (b) Before welding, cutting or heating is commenced on any surface 
covered by a preservative coating whose flammability is not known, a 
test shall be made by a competent person to determine its flammability. 
Preservative coatings shall be considered to be highly flammable when 
scrapings burn with extreme rapidity.
    (c) Precautions shall be taken to prevent ignition of highly 
flammable hardened preservative coatings. When coatings are determined 
to be highly flammable they shall be stripped from the area to be heated 
to prevent ignition, or, where shipbreaking is involved, the coatings 
may be burned away under controlled conditions. A 1\1/2\ inch or larger 
fire hose with fog nozzle, which has been uncoiled and placed under 
pressure, shall be immediately available for instant use in the 
immediate vicinity, consistent with avoiding freezing of the hose.
    (d) Protection against toxic preservative coatings. (1) In enclosed 
spaces, all surfaces covered with toxic preservatives shall be stripped 
of all toxic coatings for a distance of at least 4 inches from the area 
of heat application or the employees shall be protected by air line 
respirators meeting the requirements of Sec.  1915.154.

[[Page 53]]

    (2) In the open air, employees shall be protected by a filter type 
respirator in accordance with the requirements of Sec.  1915.154.
    (e) Before welding, cutting or heating is commenced in enclosed 
spaces on metals covered by soft and greasy preservatives, the following 
precautions shall be taken:
    (1) A competent person shall test the atmosphere in the space to 
ensure that it does not contain explosive vapors, since there is a 
possibility that some soft and greasy preservatives may have flash 
points below temperatures which may be expected to occur naturally. If 
such vapors are determined to be present, no hot work shall be commenced 
until such precautions have been taken as will ensure that the welding, 
cutting or heating can be performed in safety.
    (2) The preservative coatings shall be removed for a sufficient 
distance from the area to be heated to ensure that the temperature of 
the unstripped metal will not be appreciably raised. Artificial cooling 
of the metal surrounding the heated area may be used to limit the size 
of the area required to be cleaned. The prohibition contained in Sec.  
1915.34(b)(2) shall apply.
    (f) Immediately after welding, cutting or heating is commenced in 
enclosed spaces on metal covered by soft and greasy preservatives, and 
at frequent intervals thereafter, a competent person shall make tests to 
ensure that no flammable vapors are being produced by the coatings. If 
such vapors are determined to be present, the operation shall be stopped 
immediately and shall not be resumed until such additional precautions 
have been taken as are necessary to ensure that the operation can be 
resumed safely.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]



Sec.  1915.54  Welding, cutting and heating of hollow metal containers and
structures not covered by Sec.  1915.12.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Drums, containers, or hollow structures which have contained 
flammable substances shall, before welding, cutting, or heating is 
undertaken on them, either be filled with water or thoroughly cleaned of 
such substances and ventilated and tested.
    (b) Before heat is applied to a drum, container, or hollow 
structure, a vent or opening shall be provided for the release of any 
built-up pressure during the application of heat.
    (c) Before welding, cutting, heating or brazing is begun on 
structural voids such as skegs, bilge keels, fair waters, masts, booms, 
support stanchions, pipe stanchions or railings, a competent person 
shall inspect the object and, if necessary, test it for the presence of 
flammable liquids or vapors. If flammable liquids or vapors are present, 
the object shall be made safe.
    (d) Objects such as those listed in paragraph (c) of this section 
shall also be inspected to determine whether water or other non-
flammable liquids are present which, when heated, would build up 
excessive pressure. If such liquids are determined to be present, the 
object shall be vented, cooled, or otherwise made safe during the 
application of heat.
    (e) Jacketed vessels shall be vented before and during welding, 
cutting or heating operations in order to release any pressure which may 
build up during the application of heat.



Sec.  1915.55  Gas welding and cutting.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Transporting, moving and storing compressed gas cylinders. (1) 
Valve protection caps shall be in place and secure. Oil shall not be 
used to lubricate protection caps.
    (2) When cylinders are hoisted, they shall be secured on a cradle, 
slingboard or pallet. They shall not be hoisted by means of magnets or 
choker slings.
    (3) Cylinders shall be moved by tilting and rolling them on their 
bottom edges. They shall not be intentionally dropped, struck, or 
permitted to strike each other violently.
    (4) When cylinders are transported by vehicle, they shall be secured 
in position.
    (5) Valve protection caps shall not be used for lifting cylinders 
from one vertical position to another. Bars shall

[[Page 54]]

not be used under valves or valve protection caps to pry cylinders loose 
when frozen. Warm, not boiling, water shall be used to thaw cylinders 
loose.
    (6) Unless cylinders are firmly secured on a special carrier 
intended for this purpose, regulators shall be removed and valve 
protection caps put in place before cylinders are moved.
    (7) A suitable cylinder truck, chain, or other steadying device 
shall be used to keep cylinders from being knocked over while in use.
    (8) When work is finished, when cylinders are empty or when 
cylinders are moved at any time, the cylinder valves shall be closed.
    (9) Acetylene cylinders shall be secured in an upright position at 
all times except, if necessary, for short periods of time while 
cylinders are actually being hoisted or carried.
    (b) Placing cylinders. (1) Cylinders shall be kept far enough away 
from the actual welding or cutting operation so that sparks, hot slag or 
flame will not reach them. When this is impractical, fire resistant 
shields shall be provided.
    (2) Cylinders shall be placed where they cannot become part of an 
electrical circuit. Electrodes shall not be struck against a cylinder to 
strike an arc.
    (3) Fuel gas cylinders shall be placed with valve end up whenever 
they are in use. They shall not be placed in a location where they would 
be subject to open flame, hot metal, or other sources of artificial 
heat.
    (4) Cylinders containing oxygen or acetylene or other fuel gas shall 
not be taken into confined spaces.
    (c) Treatment of cylinders. (1) Cylinders, whether full or empty, 
shall not be used as rollers or supports.
    (2) No person other than the gas supplier shall attempt to mix gases 
in a cylinder. No one except the owner of the cylinder or person 
authorized by him shall refill a cylinder. No one shall use a cylinder's 
contents for purposes other than those intended by the supplier. Only 
cylinders bearing Interstate Commerce Commission identification and 
inspection markings shall be used.
    (3) No damaged or defective cylinder shall be used.
    (d) Use of fuel gas. The employer shall thoroughly instruct 
employees in the safe use of fuel gas, as follows:
    (1) Before connecting a regulator to a cylinder valve, the valve 
shall be opened slightly and closed immediately. (This action is 
generally termed ``cracking'' and is intended to clear the valve of dust 
or dirt that might otherwise enter the regulator.) The person cracking 
the valve shall stand to one side of the outlet, not in front of it. The 
valve of a fuel gas cylinder shall not be cracked where the gas would 
reach welding work, sparks, flame or other possible sources of ignition.
    (2) The cylinder valve shall always be opened slowly to prevent 
damage to the regulator. To permit quick closing, valves on fuel gas 
cylinders shall not be opened more than 1\1/2\ turns. When a special 
wrench is required, it shall be left in position on the stem of the 
valve while the cylinder is in use so that the fuel gas flow can be shut 
off quickly in case of an emergency. In the case of manifolded or 
coupled cylinders, at least one such wrench shall always be available 
for immediate use. Nothing shall be placed on top of a fuel gas 
cylinder, when in use, which may damage the safety device or interfere 
with the quick closing of the valve.
    (3) Fuel gas shall not be used from cylinders through torches or 
other devices which are equipped with shut-off valves without reducing 
the pressure through a suitable regulator attached to the cylinder valve 
or manifold.
    (4) Before a regulator is removed from a cylinder valve, the 
cylinder valve shall always be closed and the gas released from the 
regulator.
    (5) If, when the valve on a fuel gas cylinder is opened, there is 
found to be a leak around the valve stem, the valve shall be closed and 
the gland nut tightened. If this action does not stop the leak, the use 
of the cylinder shall be discontinued, and it shall be properly tagged 
and removed from the vessel. In the event that fuel gas should leak from 
the cylinder valve rather than from the valve stem and the gas cannot be 
shut off, the cylinder shall be properly tagged and removed from the 
vessel. If a regulator attached to a cylinder valve will effectively 
stop a leak

[[Page 55]]

through the valve seat, the cylinder need not be removed from the 
vessel.
    (6) If a leak should develop at a fuse plug or other safety device, 
the cylinder shall be removed from the vessel
    (e) Fuel gas and oxygen manifolds. (1) Fuel gas and oxygen manifolds 
shall bear the name of the substance they contain in letters at least 
one (1) inch high which shall be either painted on the manifold or on a 
sign permanently attached to it.
    (2) Fuel gas and oxygen manifolds shall be placed in safe and 
accessible locations in the open air. They shall not be located within 
enclosed spaces.
    (3) Manifold hose connections, including both ends of the supply 
hose that lead to the manifold, shall be such that the hose cannot be 
interchanged between fuel gas and oxygen manifolds and supply header 
connections. Adapters shall not be used to permit the interchange of 
hose. Hose connections shall be kept free of grease and oil.
    (4) When not in use, manifold and header hose connections shall be 
capped.
    (5) Nothing shall be placed on top of a manifold, when in use, which 
will damage the manifold or interfere with the quick closing of the 
valves.
    (f) Hose. (1) Fuel gas hose and oxygen hose shall be easily 
distinguishable from each other. The contrast may be made by different 
colors or by surface characteristics readily distinguishable by the 
sense of touch. Oxygen and fuel gas hoses shall not be interchangeable. 
A single hose having more than one gas passage, a wall failure of which 
would permit the flow of one gas into the other gas passage, shall not 
be used.
    (2) When parallel sections of oxygen and fuel gas hose are taped 
together not more than 4 inches out of 8 inches shall be covered by 
tape.
    (3) All hose carrying acetylene, oxygen, natural or manufactured 
fuel gas, or any gas or substance which may ignite or enter into 
combustion or be in any way harmful to employees, shall be inspected at 
the beginning of each shift. Defective hose shall be removed from 
service.
    (4) Hose which has been subjected to flashback or which shows 
evidence of severe wear or damage shall be tested to twice the normal 
pressure to which it is subject, but in no case less than two hundered 
(200) psi. Defective hose or hose in doubtful condition shall not be 
used.
    (5) Hose couplings shall be of the type that cannot be unlocked or 
disconnected by means of a straight pull without rotary motion.
    (6) Boxes used for the stowage of gas hose shall be ventilated.
    (g) Torches. (1) Clogged torch tip openings shall be cleaned with 
suitable cleaning wires, drills or other devices designed for such 
purpose.
    (2) Torches shall be inspected at the beginning of each shift for 
leaking shutoff valves, hose couplings, and tip connections. Defective 
torches shall not be used.
    (3) Torches shall be lighted by friction lighters or other approved 
devices, and not by matches or from hot work.
    (h) Pressure regulators. Oxygen and fuel gas pressure regulators 
including their related gauges shall be in proper working order while in 
use.



Sec.  1915.56  Arc welding and cutting.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Manual electrode holders. (1) Only manual electrode holders 
which are specifically designed for arc welding and cutting and are of a 
capacity capable of safely handling the maximum rated current required 
by the electrodes shall be used.
    (2) Any current carrying parts passing through the portion of the 
holder which the arc welder or cutter grips in his hand, and the outer 
surfaces of the jaws of the holder, shall be fully insulated against the 
maximum voltage encountered to ground.
    (b) Welding cables and connectors. (1) All arc welding and cutting 
cables shall be of the completely insulated, flexible type, capable of 
handling the maximum current requirements of the work in progress, 
taking into account the duty cycle under which the arc welder or cutter 
is working.
    (2) Only cable free from repair or splices for a minimum distance of 
ten (10) feet from the cable end to which the electrode holder is 
connected shall be used, except that cables with standard insulated 
connectors or with

[[Page 56]]

splices whose insulating quality is equal to that of the cable are 
permitted.
    (3) When it becomes necessary to connect or splice lengths of cable 
one to another, substantial insulated connectors of a capacity at least 
equivalent to that of the cable shall be used. If connections are 
effected by means of cable lugs, they shall be securely fastened 
together to give good electrical contact, and the exposed metal parts of 
the lugs shall be completely insulated.
    (4) Cables in poor repair shall not be used. When a cable other than 
the cable lead referred to in paragraph (b)(2) of this section becomes 
worn to the extent of exposing bare conductors, the portion thus exposed 
shall be protected by means of rubber and friction tapes or other 
equivalent insulation.
    (c) Ground returns and machine grounding. (1) A ground return cable 
shall have a safe current carrying capacity equal to or exceeding the 
specified maximum output capacity of the arc welding or cutting unit 
which it services. When a single ground return cable services more than 
one unit, its safe current carrying capacity shall equal or exceed the 
total specified maximum output capacities of all the units which it 
services.
    (2) Structures or pipe lines, except pipe lines containing gases of 
flammable liquids or conduits containing electrical circuits, may be 
used as part of the ground return circuit, provided that the pipe or 
structure has a current carrying capacity equal to that required by 
paragraph (c)(1) of this section.
    (3) When a structure or pipe line is employed as a ground return 
circuit, it shall be determined that the required electrical contact 
exists at all joints. The generation of an arc, sparks or heat at any 
point shall cause rejection of the structure as a ground circuit.
    (4) When a structure or pipe line is continuously employed as a 
ground return circuit, all joints shall be bonded, and periodic 
inspections shall be conducted to ensure that no condition of 
electrolysis or fire hazard exists by virtue of such use.
    (5) The frames of all arc welding and cutting machines shall be 
grounded either through a third wire in the cable containing the circuit 
conductor or through a separate wire which is grounded at the source of 
the current. Grounding circuits, other than by means of the vessel's 
structure, shall be checked to ensure that the circuit between the 
ground and the grounded power conductor has resistance low enough to 
permit sufficient current to flow to cause the fuse or circuit breaker 
to interrupt the current.
    (6) All ground connections shall be inspected to ensure that they 
are mechanically strong and electrically adequate for the required 
current.
    (d) Operating instructions. Employers shall instruct employees in 
the safe means of arc welding and cutting as follows:
    (1) When electrode holders are to be left unattended, the electrodes 
shall be removed and the holders shall be so placed or protected that 
they cannot make electrical contact with employees or conducting 
objects.
    (2) Hot electrode holders shall not be dipped in water, since to do 
so may expose the arc welder or cutter to electric shock.
    (3) When the arc welder or cutter has occasion to leave his work or 
to stop work for any appreciable length of time, or when the arc welding 
or cutting machine is to be moved, the power supply switch to the 
equipment shall be opened.
    (4) Any faulty or defective equipment shall be reported to the 
supervisor.
    (e) Shielding. Whenever practicable, all arc welding and cutting 
operations shall be shielded by noncombustible or flame-proof screens 
which will protect employees and other persons working in the vicinity 
from the direct rays of the arc.



Sec.  1915.57  Uses of fissionable material in ship repairing and
shipbuilding.

    The provisions of this section apply to ship repairing and 
shipbuilding only.
    (a) In activities involving the use of and exposure to sources of 
ionizing radiation not only on conventionally powered but also on 
nuclear powered vessels, the applicable provisions of the Nuclear 
Regulatory Commission's

[[Page 57]]

Standards for Protection Against Radiation (10 CFR part 20), relating to 
protection against occupational radiation exposure, shall apply.
    (b) Any activity which involves the use of radiocative material, 
whether or not under license from the Nuclear Regulatory Commission, 
shall be performed by competent persons specially trained in the proper 
and safe operation of such equipment. In the case of materials used 
under Commission license, only persons actually licensed, or competent 
persons under direction and supervision of the licensee, shall perform 
such work.



         Subpart E_Scaffolds, Ladders and Other Working Surfaces



Sec.  1915.71  Scaffolds or staging.

    (a) Scope and application. The provisions of this section shall 
apply to all ship repairing, shipbuilding and shipbreaking operations 
except that paragraphs (b)(8) through (b)(10) and paragraphs (c) through 
(f) of this section shall only apply to ship repairing and shipbuilding 
operations and shall not apply to shipbreaking.
    (b) General requirements. (1) All scaffolds and their supports 
whether of lumber, steel or other material, shall be capable of 
supporting the load they are designed to carry with a safety factor of 
not less than four (4).
    (2) All lumber used in the construction of scaffolds shall be 
spruce, fir, long leaf yellow pine, Oregon pine or wood of equal 
strength. The use of hemlock, short leaf yellow pine, or short fiber 
lumber is prohibited.
    (3) Lumber dimensions as given in this subpart are nominal except 
where given in fractions of an inch.
    (4) All lumber used in the construction of scaffolds shall be sound, 
straight-grained, free from cross grain, shakes and large, loose or dead 
knots. It shall also be free from dry rot, large checks, worm holes or 
other defects which impair its strength or durability.
    (5) Scaffolds shall be maintained in a safe and secure condition. 
Any component of the scaffold which is broken, burned or otherwise 
defective shall be replaced.
    (6) Barrels, boxes, cans, loose bricks, or other unstable objects 
shall not be used as working platforms or for the support of planking 
intended as scaffolds or working platforms.
    (7) No scaffold shall be erected, moved, dismantled or altered 
except under the supervision of competent persons.
    (8) No welding, burning, riveting or open flame work shall be 
performed on any staging suspended by means of fiber rope.
    (9) Lifting bridles on working platforms suspended from cranes shall 
consist of four legs so attached that the stability of the platform is 
assured.
    (10) Unless the crane hook has a safety latch or is moused, the 
lifting bridles on working platforms suspended from cranes shall be 
attached by shackles to the lower lifting block or other positive means 
shall be taken to prevent them from becoming accidentally disengaged 
from the crane hook.
    (c) Independent pole wood scaffolds. (1) All pole uprights shall be 
set plump. Poles shall rest on a foundation of sufficient size and 
strength to distribute the loan and to prevent displacement.
    (2) In light-duty scaffolds, not more than 24 feet in height, poles 
may be spliced by overlapping the ends not less than 4 feet and securely 
nailing them together. A substantial cleat shall be nailed to the lower 
section to form a support for the upper section except when bolted 
connections are used.
    (3) All other poles to be spliced shall be squared at the ends of 
each splice, abutted, and rigidly fastened together by not less than two 
cleats securely nailed or bolted thereto. Each cleat shall overlap each 
pole end by at least 24 inches and shall have a width equal to the face 
of the pole to which it is attached. The combined cross sectional area 
of the cleats shall be not less than the cross sectional area of the 
pole.
    (4) Ledgers shall extend over two consecutive pole spaces and shall 
overlap the poles at each end by not less than 4 inches. They shall be 
left in position to brace the poles as the platform is raised with the 
progress of the work. Ledgers shall be level and shall be securely 
nailed or bolted to each pole and shall be placed against the inside 
face of each pole.

[[Page 58]]

    (5) All bearers shall be set with their greater dimension vertical 
and shall extend beyond the ledgers upon which they rest.
    (6) Diagonal bracing shall be provided between the parallel poles, 
and cross bracing shall be provided between the inner and outer poles or 
from the outer poles to the ground.
    (7) Minimum dimensions and spacing of members shall be in accordance 
with Table E-1 in Sec.  1915.118.
    (8) Platform planking shall be in accordance with the requirements 
of paragraph (i) of this section.
    (9) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (d) Independent pole metal scaffolds. (1) Metal scaffold members 
shall be maintained in good repair and free of corrosion.
    (2) All vertical and horizontal members shall be fastened together 
with a coupler or locking device which will form a positive connection. 
The locking device shall be of a type which has no loose parts.
    (3) Posts shall be kept plumb during erection and the scaffold shall 
be subsequently kept plumb and rigid by means of adequate bracing.
    (4) Posts shall be fitted with bases supported on a firm foundation 
to distribute the load. When wooden sills are used, the bases shall be 
fastened thereto.
    (5) Bearers shall be located at each set of posts, at each level, 
and at each intermediate level where working platforms are installed.
    (6) Tubular bracing shall be applied both lengthwise and crosswise 
as required.
    (7) Platform planking shall be in accordance with the requirements 
of paragraph (h) of this section.
    (8) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (e) Wood trestle and extension trestle ladders. (1) The use of 
trestle ladders, or extension sections or base sections of extension 
trestle ladders longer than 20 feet is prohibited. The total height of 
base and extension may, however, be more than 20 feet.
    (2) The minimum dimensions of the side rails of the trestle ladder, 
or the base sections of the extension trestle ladder, shall be as 
follows:
    (i) Ladders up to and including those 16 feet long shall have side 
rails of not less than 1\5/16\ x 2\3/4\ inch lumber.
    (ii) Ladders over 16 feet long and up to and including those 20 feet 
long shall have side rails of not less than 1\5/16\ x 3 inch lumber.
    (3) The side rails of the extension section of the extension trestle 
ladder shall be parallel and shall have minimum dimensions as follows:
    (i) Ladders up to and including 12 feet long shall have side rails 
of not less than 1\5/16\ x 2\1/4\ inch lumber.
    (ii) Ladders over 12 feet long and up to and including those 16 feet 
long shall have side rails of not less than 1\5/16\ x 2\1/2\ inch 
lumber.
    (iii) Ladders over 16 feet long and up to and including those 20 
feet long shall have side rails of not less than 1\5/16\ x 2\3/4\ inch 
lumber.
    (4) Trestle ladders and base sections of extension trestle ladders 
shall be so spread that when in an open position the spread of the 
trestle at the bottom, inside to inside, shall be not less than 5\1/2\ 
inches per foot of the length of the ladder.
    (5) The width between the side rails at the bottom of the trestle 
ladder or of the base section of the extension trestle ladder shall be 
not less than 21 inches for all ladders and sections 6 feet or less in 
length. For longer lengths of ladder, the width shall be increased at 
least 1 inch for each additional foot of length. The width between the 
side rails of the extension section of the trestle ladder shall be not 
less than 12 inches.
    (6) In order to limit spreading, the top ends of the side rails of 
both the trestle ladder and of the base section of the extension trestle 
ladder shall be beveled, or of equivalent construction, and shall be 
provided with a metal hinge.
    (7) A metal spreader or locking device to hold the front and back 
sections in an open position, and to hold the extension section securely 
in the elevated position, shall be a component of each trestle ladder or 
extension ladder.
    (8) Rungs shall be parallel and level. On the trestle ladder, or on 
the base section of the extension trestle ladder,

[[Page 59]]

rungs shall be spaced not less than 8 inches nor more than 18 inches 
apart; on the extension section of the extension trestle ladder, rungs 
shall be spaced not less than 6 inches nor more than 12 inches apart.
    (9) Platform planking shall be in accordance with the requirements 
of paragraph (i) of this section, except that the width of the platform 
planking shall not exceed the distance between the side rails.
    (10) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (f) Painters' suspended scaffolds. (1) The supporting hooks of 
swinging scaffolds shall be constructed to be equivalent in strength to 
mild steel or wrought iron, shall be forged with care, shall be not less 
than \7/8\ inch in diameter, and shall be secured to a safe anchorage at 
all times.
    (2) The ropes supporting a swinging scaffold shall be equivalent in 
strength to first-grade \3/4\ inch diameter manila rope properly rigged 
into a set of standard 6 inch blocks consisting of at least one double 
and one single block.
    (3) Manila and wire ropes shall be carefully examined before each 
operation and thereafter as frequently as may be necessary to ensure 
their safe condition.
    (4) Each end of the scaffold platform shall be supported by a 
wrought iron or mild steel stirrup or hanger, which in turn is supported 
by the suspension ropes.
    (5) Stirrups shall be constructed so as to be equivalent in strength 
to wrought iron \3/4\ inch in diameter.
    (6) The stirrups shall be formed with a horizontal bottom member to 
support the platform, shall be provided with means to support the 
guardrail and midrail and shall have a loop or eye at the top for 
securing the supporting hook on the block.
    (7) Two or more swinging scaffolds shall not at any time be combined 
into one by bridging the distance between them with planks or any other 
form of platform.
    (8) No more than two persons shall be permitted to work at one time 
on a swinging scaffold built to the minimum specifications contained in 
this paragraph. Where heavier construction is used, the number of 
persons permitted to work on the scaffold shall be determined by the 
size and the safe working load of the scaffold.
    (9) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (10) The swinging scaffold platform shall be one of the three types 
described in paragraphs (f)(11), (12), and (13) of this section.
    (11) The ladder-type platform consists of boards upon a horizontal 
ladder-like structure, referred to herein as the ladder, the side rails 
of which are parallel. If this type of platform is used the following 
requirements shall be met.
    (i) The width between the side rails shall be no more than 20 
inches.
    (ii) The side rails of ladders in ladder-type platforms shall be 
equivalent in strength to a beam of clear straight-grained spruce of the 
dimensions contained in Table E-2 in Sec.  1915.118.
    (iii) The side rails shall be tied together with tie rods. The tie 
rods shall be not less than \5/16\ inch in diameter, located no more 
than 5 feet apart, pass through the rails, and be riveted up tight 
against washers at both ends.
    (iv) The rungs shall be of straight-grained oak, ash, or hickory, 
not less than 1\1/8\ inches diameter, with \7/8\ inch tenons mortised 
into the side rails not less than \7/8\ inch and shall be spaced no more 
than 18 inches on centers.
    (v) Flooring strips shall be spaced no more than \5/8\ inch apart 
except at the side rails, where 1 inch spacing is permissible.
    (vi) Flooring strips shall be cleated on their undersides.
    (12) The plank-type platform consists of planks supported on the 
stirrups or hangers. If this type of platform is used, the following 
requirements shall be met:
    (i) The planks of plank-type platforms shall be of not less than 2 x 
10 inch lumber.
    (ii) The platform shall be no more than 24 inches in width.
    (iii) The planks shall be tied together by cleats of not less than 1 
x 6 inch lumber, nailed on their undersides at intervals of not more 
than 4 feet.

[[Page 60]]

    (iv) The planks shall extend not less than 6 inches nor more than 18 
inches beyond the supporting stirrups.
    (v) A cleat shall be nailed across the platform on the underside at 
each end outside the stirrup to prevent the platform from slipping off 
the stirrup.
    (vi) Stirrup supports shall be not more than 10 feet apart.
    (13) The beam-type platform consists of longitudinal side stringers 
with cross beams set on edge and spaced not more than 4 feet apart on 
which longitudinal platform planks are laid. If this type platform is 
used, the following requirements shall be met:
    (i) The side stringers shall be of sound, straight-grained lumber, 
free from knots, and of not less than 2 x 6 inch lumber, set on edge.
    (ii) The stringers shall be supported on the stirrups with a clear 
span between stirrups of not more than 16 feet.
    (iii) The stringers shall be bolted to the stirrups by U-bolts 
passing around the stirrups and bolted through the stringers with nuts 
drawn up tight on the inside face.
    (iv) The ends of the stringers shall extend beyond the stirrups not 
less than 6 inches nor more than 12 inches at each end of the platform.
    (v) The platform shall be supported on cross beams of 2 x 6 inch 
lumber between the side stringers securely nailed thereto and spaced not 
more than 4 feet on centers.
    (vi) The platform shall be not more than 24 inches wide.
    (vii) The platform shall be formed of boards \7/8\ inch in thickness 
by not less than 6 inches in width, nailed tightly together, and 
extending to the outside face of the stringers.
    (viii) The ends of all platform boards shall rest on the top of the 
cross beams, shall be securely nailed, and at no intermediate points in 
the length of the platform shall there be any cantilever ends.
    (g) Horse scaffolds. (1) The minimum dimensions of lumber used in 
the construction of horses shall be in accordance with Table E-3 in 
Sec.  1915.118.
    (2) Horses constructed of materials other than lumber shall provide 
the strength, rigidity and security required of horses constructed of 
lumber.
    (3) The lateral spread of the legs shall be equal to not less than 
one-third of the height of the horse.
    (4) All horses shall be kept in good repair, and shall be properly 
secured when used in staging or in locations where they may be insecure.
    (5) Platform planking shall be in accordance with the requirements 
of paragraph (i) of this section.
    (6) Backrails and toeboards shall be in accordance with paragraph 
(j) of this section.
    (h) Other types of scaffolds. (1) Scaffolds of a type for which 
specifications are not contained in this section shall meet the general 
requirements of paragraphs (b), (i), and (j) of this section, shall be 
in accordance with recognized principles of design and shall be 
constructed in accordance with accepted standards covering such 
equipment.
    (i) Scaffold or platform planking. (1) Except as otherwise provided 
in paragraphs (f)(11) and (13) of this section, platform planking shall 
be of not less than 2 x 10 inch lumber. Platform planking shall be 
straight-grained and free from large or loose knots and may be either 
rough or dressed.
    (2) Platforms of staging shall be not less than two 10 inch planks 
in width except in such cases as the structure of the vessel or the 
width of the trestle ladders make it impossible to provide such a width.
    (3) Platform planking shall project beyond the supporting members at 
either end by at least 6 inches but in no case shall project more than 
12 inches unless the planks are fastened to the supporting members.
    (4) Table E-4 in Sec.  1915.118 shall be used as a guide in 
determining safe loads for scaffold planks.
    (j) Backrails and toeboards. (1) Scaffolding, staging, runways, or 
working platforms which are supported or suspended more than 5 feet 
above a solid surface, or at any distance above the water, shall be 
provided with a railing which has a top rail whose upper surface is from 
42 to 45 inches above the upper surface of the staging, platform, or 
runway and a midrail located halfway between the upper rail and the 
staging, platform, or runway.
    (2) Rails shall be of 2 x 4 inch lumber, flat bar or pipe. When used 
with rigid

[[Page 61]]

supports, taut wire or fiber rope of adequate strength may be used. If 
the distance between supports is more than 8 feet, rails shall be 
equivalent in strength to 2 x 4 inch lumber. Rails shall be firmly 
secured. Where exposed to hot work or chemicals, fiber rope rails shall 
not be used.
    (3) Rails may be omitted where the structure of the vessel prevents 
their use. When rails are omitted, employees working more than 5 feet 
above solid surfaces shall be protected by safety belts and life lines 
meeting the requirements of Sec. Sec.  1915.159 and 1915.160, and 
employees working over water shall be protected by buoyant work vests 
meeting the requirements of Sec.  1915.158(a).
    (4) Employees working from swinging scaffolds which are triced out 
of a vertical line below their supports or from scaffolds on paint 
floats subject to surging, shall be protected against falling toward the 
vessel by a railing or a safety belt and line attached to the backrail.
    (5) When necessary, to prevent tools and materials from falling on 
men below, toeboards of not less than 1 x 4 inch lumber shall be 
provided.
    (k) Access to staging. (1) Access from below to staging more than 5 
feet above a floor, deck or the ground shall consist of well secured 
stairways, cleated ramps, fixed or portable ladders meeting the 
applicable requirements of Sec.  1915.72 or rigid type non-collapsible 
trestles with parallel and level rungs.
    (2) Ramps and stairways shall be provided with 36-inch handrails 
with midrails.
    (3) Ladders shall be so located or other means shall be taken so 
that it is not necessary for employees to step more than one foot from 
the ladder to any intermediate landing or platform.
    (4) Ladders forming integral parts of prefabricated staging are 
deemed to meet the requirements of these regulations.
    (5) Access from above to staging more than 3 feet below the point of 
access shall consist of a straight, portable ladder meeting the 
applicable requirements of Sec.  1915.72 or a Jacob's ladder properly 
secured, meeting the requirements of Sec.  1915.74(d).

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]



Sec.  1915.72  Ladders.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) General requirements. (1) The use of ladders with broken or 
missing rungs or steps, broken or split side rails, or other faulty or 
defective construction is prohibited. When ladders with such defects are 
discovered, they shall be immediately withdrawn from service. Inspection 
of metal ladders shall include checking for corrosion of interiors of 
open end, hollow rungs.
    (2) When sections of ladders are spliced, the ends shall be abutted, 
and not fewer than 2 cleats shall be securely nailed or bolted to each 
rail. The combined cross sectional area of the cleats shall be not less 
than the cross sectional area of the side rail. The dimensions of side 
rails for their total length shall be those specified in paragraph (b) 
or (c) of this section.
    (3) Portable ladders shall be lashed, blocked or otherwise secured 
to prevent their being displaced. The side rails of ladders used for 
access to any level shall extend not less than 36 inches above that 
level. When this is not practical, grab rails which will provide a 
secure grip for an employee moving to or from the point of access shall 
be installed.
    (4) Portable metal ladders shall be of strength equivalent to that 
of wood ladders. Manufactured portable metal ladders provided by the 
employer shall be in accordance with the provisions of ANSI Standard 
A14.2-1972: Safety Requirements for Portable Metal Ladders (incorporated 
by reference, see Sec.  1915.5).
    (5) Portable metal ladders shall not be used near electrical 
conductors nor for electric arc welding operations.
    (6) Manufactured portable wood ladders provided by the employer 
shall be in accordance with the provisions of ANSI Standard A14.1-1975: 
Safety Requirements for Portable Wood Ladders (incorporated by 
reference, see Sec.  1915.5).
    (b) Construction of portable wood cleated ladders up to 30 feet in 
length. (1) Wood side rails shall be made from West Coast hemlock, 
Eastern spruce, Sitka spruce, or wood of equivalent strength. Material 
shall be seasoned, straight-grained wood, and free from shakes, checks, 
decay or other defects

[[Page 62]]

which will impair its strength. The use of low density woods is 
prohibited.
    (2) Side rails shall be dressed on all sides and kept free of 
splinters.
    (3) All knots shall be sound and hard. The use of material 
containing loose knots is prohibited. Knots shall not appear on the 
narrow face of the rail and, when in the side face, shall be not more 
than \1/2\ inch in diameter or within \1/2\ inch of the edge of the rail 
or nearer than 3 inches to a tread or rung.
    (4) Pitch pockets not exceeding \1/8\ inch in width, 2 inches in 
length and \1/2\ inch in depth are permissible in wood side rails, 
provided that not more than one such pocket appears in each 4 feet of 
length.
    (5) The width between side rails at the base shall be not less than 
11\1/2\ inches for ladders 10 feet or less in length. For longer ladders 
this width shall be increased at least \1/4\ inch for each additional 2 
feet in length.
    (6) Side rails shall be at least 1\5/8\ x 3\5/8\ inches in cross 
section.
    (7) Cleats (meaning rungs rectangular in cross section with the wide 
dimension parallel to the rails) shall be of the material used for side 
rails, straight-grained and free from knots. Cleats shall be mortised 
into the edges of the side rails \1/2\ inch, or filler blocks shall be 
used on the rails between the cleats. The cleats shall be secured to 
each rail with three 10d common wire nails or fastened with through 
bolts or other fasteners of equivalent strength. Cleats shall be 
uniformly spaced not more than 12 inches apart.
    (8) Cleats 20 inches or less in length shall be at least 25/32 x 3 
inches in cross section. Cleats over 20 inches but not more than 30 
inches in length shall be at least 25/32 x 3\3/4\ inches in cross 
section.
    (c) Construction of portable wood cleated ladders from 30 to 60 feet 
in length. (1) Ladders from 30 to 60 feet in length shall be in 
accordance with the specifications of paragraph (b) of this section with 
the following exceptions:
    (i) Rails shall be of not less than 2 x 6 inch lumber.
    (ii) Cleats shall be of not less than 1 x 4 inch lumber.
    (iii) Cleats shall be nailed to each rail with five 10d common wire 
nails or fastened with through bolts or other fasteners of equivalent 
strength.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]



Sec.  1915.73  Guarding of deck openings and edges.

    (a) The provisions of this section shall apply to ship repairing and 
shipbuilding operations and shall not apply to shipbreaking.
    (b) When employees are working in the vicinity of flush manholes and 
other small openings of comparable size in the deck and other working 
surfaces, such openings shall be suitably covered or guarded to a height 
of not less than 30 inches, except where the use of such guards is made 
impracticable by the work actually in progress.
    (c) When employees are working around open hatches not protected by 
coamings to a height of 24 inches or around other large openings, the 
edge of the opening shall be guarded in the working area to height of 36 
to 42 inches, except where the use of such guards is made impracticable 
by the work actually in progress.
    (d) When employees are exposed to unguarded edges of decks, 
platforms, flats, and similar flat surfaces, more than 5 feet above a 
solid surface, the edges shall be guarded by adequate guardrails meeting 
the requirements of Sec.  1915.71(j) (1) and (2), unless the nature of 
the work in progress or the physical conditions prohibit the use or 
installation of such guardrails.
    (e) When employees are working near the unguarded edges of decks of 
vessels afloat, they shall be protected by personal flotation devices, 
meeting the requirements of Sec.  1915.158(a).
    (f) Sections of bilges from which floor plates or gratings have been 
removed shall be guarded by guardrails except where they would interfere 
with work in progress. If these open sections are in a walkway at least 
two 10-inch planks placed side by side, or equivalent, shall be laid 
across the opening to provide a safe walking surface.
    (g) Gratings, walkways, and catwalks, from which sections or ladders 
have been removed, shall be barricaded with adequate guardrails.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]

[[Page 63]]



Sec.  1915.74  Access to vessels.

    (a) Access to vessels afloat. The employer shall not permit 
employees to board or leave any vessel, except a barge or river towboat, 
until the following requirements have been met:
    (1) Whenever practicable, a gangway of not less than 20 inches 
walking surface of adequate strength, maintained in safe repair and 
safely secured shall be used. If a gangway is not practicable, a 
substantial straight ladder, extending at least 36 inches above the 
upper landing surface and adequately secured against shifting or 
slipping shall be provided. When conditions are such that neither a 
gangway nor a straight ladder can be used, a Jacob's ladder meeting the 
requirements of paragraphs (d) (1) and (2) of this section may be used.
    (2) Each side of such gangway, and the turn table if used, shall 
have a railing with a minimum height of approximately 33 inches measured 
perpendicularly from rail to walking surface at the stanchion, with a 
midrail. Rails shall be of wood, pipe, chain, wire or rope and shall be 
kept taut at all times.
    (3) Gangways on vessels inspected and certificated by the U.S. Coast 
Guard are deemed to meet the foregoing requirements, except in cases 
where the vessel's regular gangway is not being used.
    (4) The gangway shall be kept properly trimmed at all times.
    (5) When a fixed tread accommodations ladder is used, and the angle 
is low enough to require employees to walk on the edge of the treads, 
cleated duckboards shall be laid over and secured to the ladder.
    (6) When the lower end of a gangway overhangs the water between the 
ship and the dock in such a manner that there is danger of employees 
falling between the ship and the dock, a net or other suitable 
protection shall be rigged at the foot of the gangway in such a manner 
as to prevent employees from falling from the end of the gangway.
    (7) If the foot of the gangway is more than one foot away from the 
edge of the apron, the space between them shall be bridged by a firm 
walkway equipped with railings, with a minimum height of approximately 
33 inches with midrails on both sides.
    (8) Supporting bridles shall be kept clear so as to permit 
unobstructed passage for employees using the gangway.
    (9) When the upper end of the means of access rests on or flush with 
the top of the bulwark, substantial steps properly secured and equipped 
with at least one substantial handrail approximately 33 inches in height 
shall be provided between the top of the bulwark and the deck.
    (10) Obstructions shall not be laid on or across the gangway.
    (11) The means of access shall be adequately illuminated for its 
full length.
    (12) Unless the construction of the vessel makes it impossible, the 
means of access shall be so located that drafts of cargo do not pass 
over it. In any event, loads shall not be passed over the means of 
access while employees are on it.
    (b) Access to vessels in drydock or between vessels. Gangways 
meeting the requirements of paragraphs (a) (1), (2), (9), (10), (11) of 
this section shall be provided for access from wingwall to vessel or, 
when two or more vessels, other than barges or river towboats, are lying 
abreast, from one vessel to another.
    (c) Access to barges and river towboats. (1) Ramps for access of 
vehicles to or between barges shall be of adequate strength, provided 
with side boards, well maintained and properly secured.
    (2) Unless employees can step safely to or from the wharf, float, 
barge, or river towboat, either a ramp meeting the requirements of 
paragraph (c)(1) of this section or a safe walkway meeting the 
requirements of paragraph (a)(7) of this section shall be provided. When 
a walkway is impracticable, a substantial straight ladder, extending at 
least 36 inches above the upper landing surface and adequately secured 
against shifting or slipping, shall be provided. When conditions are 
such that neither a walkway nor a straight ladder can be used, a Jacob's 
ladder in accordance with the requirements of paragraph (d) of this 
section may be used.
    (3) The means of access shall be in accordance with the requirements 
of paragraphs (a) (9), (10), and (11) of this section.

[[Page 64]]

    (d) Jacob's ladders. (1) Jacob's ladders shall be of the double rung 
or flat tread type. They shall be well maintained and properly secured.
    (2) A Jacob's ladder shall either hang without slack from its 
lashings or be pulled up entirely.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]



Sec.  1915.75  Access to and guarding of dry docks and marine railways.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) A gangway, ramp or permanent stairway of not less than 20 inches 
walking surface, of adequate strength, maintained in safe repair and 
securely fastened, shall be provided between a floating dry dock and the 
pier or bulkhead.
    (b) Each side of such gangway, ramp or permanent stairway, including 
those which are used for access to wing walls from dry dock floors, 
shall have a railing with a midrail. Such railings on gangways or ramps 
shall be approximately 42 inches in height; and railings on permanent 
stairways shall be not less than approximately 30 or more than 
approximately 34 inches in height. Rails shall be of wood, pipe, chain, 
wire, or rope, and shall be kept taut at all times.
    (c) Railings meeting the requirements of paragraph (b) of this 
section shall be provided on the means of access to and from the floors 
of graving docks.
    (d) Railings approximately 42 inches in height, with a midrail, 
shall be provided on the edges of wing walls of floating dry docks and 
on edges of graving docks. Sections of the railings may be temporarily 
removed where necessary to permit line handling while a vessel is 
entering or leaving the dock.
    (e) When employees are working on the floor of a floating dry dock 
where they are exposed to the hazard of falling into the water, the end 
of the dry dock shall be equipped with portable stanchions and 42 inch 
railings with a midrail. When such a railing would be impracticable or 
ineffective, other effective means shall be provided to prevent 
employees from falling into the water.
    (f) Access to wing walls from floors of dry docks shall be by ramps, 
permanent stairways or ladders meeting the applicable requirements of 
Sec.  1915.72.
    (g) Catwalks on stiles of marine railways shall be no less than 20 
inches wide and shall have on at least one side a guardrail and midrail 
meeting the requirements of Sec.  1915.71(j) (1) and (2).

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]



Sec.  1915.76  Access to cargo spaces and confined spaces.

    The provisions of this section apply to ship repairing, shipbuilding 
and shipbreaking except that paragraph (a)(4) of this section applies to 
ship repairing only.
    (a) Cargo spaces. (1) There shall be at least one safe and 
accessible ladder in any cargo space which employees must enter.
    (2) When any fixed ladder is visibly unsafe, the employer shall 
prohibit its use by employees.
    (3) Straight ladders of adequate strength and suitably secured 
against shifting or slipping shall be provided as necessary when fixed 
ladders in cargo spaces do not meet the requirements of paragraph (a)(1) 
of this section. When conditions are such that a straight ladder cannot 
be used, a Jacob's ladder meeting the requirements of Sec.  1915.74(d) 
may be used.
    (4) When cargo is stowed within 4 inches of the back of ladder 
rungs, the ladder shall be deemed ``unsafe'' for the purpose of this 
section.
    (5) Fixed ladders or straight ladders provided for access to cargo 
spaces shall not be used at the same time that cargo drafts, equipment, 
materials, scrap or other loads are entering or leaving the hold. Before 
using these ladders to enter or leave the hold, the employee shall be 
required to inform the winchman or crane signalman of his intention.
    (b) Confined spaces. (1) More than one means of access shall be 
provided to a confined space in which employees are working and in which 
the work may generate a hazardous atmosphere in the space except where 
the structure or arrangement of the vessel makes this provision 
impractical.

[[Page 65]]

    (2) When the ventilation ducts required by these regulations must 
pass through these means of access, the ducts shall be of such a type 
and so arranged as to permit free passage of an employee through at 
least two of these means of access.



Sec.  1915.77  Working surfaces.

    (a) Paragraphs (b) through (d) of this section shall apply to ship 
repairing and shipbuilding operations, and shall not apply to 
shipbreaking. Paragraph (e) of this section shall apply to shipbuilding, 
ship repairing and shipbreaking operations.
    (b) When firebox floors present tripping hazards of exposed tubing 
or of missing or removed refractory, sufficient planking to afford safe 
footing shall be laid while work is being carried on within the boiler.
    (c) When employees are working aloft, or elsewhere at elevations 
more than 5 feet above a solid surface, either scaffolds or a sloping 
ladder, meeting the requirements of this subpart, shall be used to 
afford safe footing, or the employees shall be protected by safety belts 
and lifelines meeting the requirements of Sec. Sec.  1915.159 and 
1915.160. Employees visually restricted by blasting hoods, welding 
helmets, and burning goggles shall work from scaffolds, not from 
ladders, except for the initial and final welding or burning operation 
to start or complete a job, such as the erection and dismantling of hung 
scaffolding, or other similar, nonrepetitive jobs of brief duration.
    (d) For work performed in restricted quarters, such as behind 
boilers and in between congested machinery units and piping, work 
platforms at least 20 inches wide meeting the requirements of Sec.  
1915.71(i)(1) shall be used. Backrails may be omitted if bulkheading, 
boilers, machinery units, or piping afford proper protection against 
falling.
    (e) When employees are boarding, leaving, or working from small 
boats or floats, they shall be protected by personal flotation devices 
meeting the requirements of Sec.  1915.158(a).

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]



                  Subpart F_General Working Conditions

    Source: 76 FR 24698, May 2, 2011., unless otherwise noted.



Sec.  1915.80  Scope, application, definitions, and effective dates.

    (a) The provisions of this subpart apply to general working 
conditions in shipyard employment, including work on vessels, on vessel 
sections, and at landside operations, regardless of geographic location.
    (b) Definitions applicable to this subpart. (1) Additional safety 
measure. A component of the tags-plus system that provides an impediment 
(in addition to the energy-isolating device) to the release of energy or 
the energization or startup of the machinery, equipment, or system being 
serviced. Examples of additional safety measures include, but are not 
limited to, removing an isolating circuit element; blocking a 
controlling switch; blocking, blanking, or bleeding lines; removing a 
valve handle or wiring it in place; opening an extra disconnecting 
device.
    (2) Affected employee. An employee who normally operates or uses the 
machinery, equipment, or system that is going to be serviced under 
lockout/tags-plus or who is working in the area where servicing is being 
performed under lockout/tags-plus. An affected employee becomes an 
authorized employee when the employer assigns the employee to service 
any machine, equipment, or system under a lockout/tags-plus application.
    (3) Authorized employee. (i) An employee who performs one or more of 
the following lockout/tags-plus responsibilities:
    (A) Executes the lockout/tags-plus procedures;
    (B) Installs a lock or tags-plus system on machinery, equipment, or 
systems; or
    (C) Services any machine, equipment, or system under lockout/tags-
plus application.
    (ii) An affected employee becomes an authorized employee when the 
employer assigns the employee to service any machine, equipment, or 
system under a lockout/tags-plus application.

[[Page 66]]

    (4) Capable of being locked out. An energy-isolating device is 
capable of being locked out if it has a locking mechanism built into it, 
or it has a hasp or other means of attachment to which, or through 
which, a lock can be affixed. Other energy-isolating devices are capable 
of being locked out if lockout can be achieved without the need to 
dismantle, rebuild, or replace the energy-isolating device or 
permanently alter its energy-control capability.
    (5) Contract employer. An employer, such as a painting, joinery, 
carpentry, or scaffolding subcontractor, that performs shipyard-related 
services or work under contract to the host employer or to another 
employer under contract to the host employer at the host employer's 
worksite. This excludes employers who provide services that are not 
directly related to shipyard employment, such as mail delivery, office 
supply, and food vending services.
    (6) Dummy load. A device used in place of an antenna to aid in the 
testing of a radio transmitter that converts transmitted energy into 
heat to minimize energy radiating outward or reflecting back to its 
source during testing.
    (7) Energy-isolating device. A mechanical device that, when utilized 
or activated, physically prevents the release or transmission of energy. 
Energy-isolating devices include, but are not limited to, manually 
operated electrical circuit breakers; disconnect switches; line valves; 
blocks; and any similar device used to block or isolate energy. Control-
circuit devices (for example, push buttons, selector switches) are not 
considered energy-isolating devices.
    (8) Hazardous energy. Any energy source, including mechanical (for 
example, power transmission apparatus, counterbalances, springs, 
pressure, gravity), pneumatic, hydraulic, electrical, chemical, and 
thermal (for example, high or low temperature) energies, that could 
cause injury to employees.
    (9) Hazardous substances. A substance that may cause injury, 
illness, or disease, or otherwise harm an employee by reason of being 
explosive, flammable, poisonous, corrosive, oxidizing, irritating, or 
otherwise harmful.
    (10) Health care professional. A physician or any other healthcare 
professional whose legally permitted scope of practice allows the 
provider to independently provide, or be delegated the responsibility to 
provide, some or all of the advice or consultation this subpart 
requires.
    (11) Host employer. An employer that is in charge of coordinating 
shipyard-related work, or that hires other employers to perform 
shipyard-related work or to provide shipyard-related services, at a 
multi-employer worksite.
    (12) Isolated location. An area in which employees are working alone 
or with little assistance from others due to the type, time, or location 
of their work. Such locations include remote locations or other work 
areas where employees are not in close proximity to others.
    (13) Lock. A device that utilizes a positive means, either a key or 
combination lock, to hold an energy-isolating device in a ``safe'' 
position that prevents the release of energy and the startup or 
energization of the machinery, equipment, or system to be serviced.
    (14) Lockout. The placement of a lock on an energy-isolating device 
in accordance with an established procedure, thereby ensuring that the 
energy-isolating device and the equipment being controlled cannot be 
operated until the lock is removed.
    (15) Lockout/tags-plus coordinator. An employee whom the employer 
designates to coordinate and oversee all lockout and tags-plus 
applications on vessels or vessel sections and at landside work areas 
when employees are performing multiple servicing operations on the same 
machinery, equipment, or systems at the same time, and when employees 
are servicing multiple machinery, equipment, or systems on the same 
vessel or vessel section at the same time. The lockout/tags-plus 
coordinator also maintains the lockout/tags-plus log.
    (16) Lockout/tags-plus materials and hardware. Locks, chains, 
wedges, blanks, key blocks, adapter pins, self-locking fasteners, or 
other hardware

[[Page 67]]

used for isolating, blocking, or securing machinery, equipment, or 
systems to prevent the release of energy or the startup or energization 
of machinery, equipment, or systems to be serviced.
    (17) Motor vehicle. Any motor-driven vehicle operated by an employee 
that is used to transport employees, material, or property. For the 
purposes of this subpart, motor vehicles include passenger cars, light 
trucks, vans, motorcycles, all-terrain vehicles, small utility trucks, 
powered industrial trucks, and other similar vehicles. Motor vehicles do 
not include boats, or vehicles operated exclusively on a rail or rails.
    (18) Motor vehicle safety equipment. Systems and devices integral to 
or installed on a motor vehicle for the purpose of effecting the safe 
operation of the vehicle, and consisting of such systems or devices as 
safety belts, airbags, headlights, tail lights, emergency/hazard lights, 
windshield wipers, defogging or defrosting devices, brakes, horns, 
mirrors, windshields and other windows, and locks.
    (19) Navy ship's force. The crew of a vessel that is owned or 
operated by the U.S. Navy, other than a time- or voyage-chartered 
vessel, that is under the control of a Commanding Officer or Master.
    (20) Normal production operations. The use of machinery or 
equipment, including, but not limited to, punch presses, bending 
presses, shears, lathes, keel press rollers, and automated burning 
machines, to perform a shipyard-employment production process.
    (21) Portable toilet. A non-sewered portable facility for collecting 
and containing urine and feces. A portable toilet may be either 
flushable or non-flushable. For purposes of this section, portable 
toilets do not include privies.
    (22) Potable water. Water that meets the standards for drinking 
purposes of the state or local authority having jurisdiction, or water 
that meets the quality standards prescribed by the U.S. Environmental 
Protection Agency's National Primary Water Regulations (40 CFR part 
141).
    (23) Readily accessible/available. Capable of being reached quickly 
enough to ensure, for example, that emergency medical services and first 
aid intervention are appropriate or that employees can reach sanitation 
facilities in time to meet their health and personal needs.
    (24) Sanitation facilities. Facilities, including supplies, 
maintained for employee personal and health needs such as potable 
drinking water, toilet facilities, hand-washing and -drying facilities, 
showers (including quick-drenching or flushing) and changing rooms, 
eating and drinking areas, first aid stations, and on-site medical-
service areas. Sanitation supplies include soap, waterless cleaning 
agents, single-use drinking cups, drinking water containers, toilet 
paper, and towels.
    (25) Serviceable condition. The state or ability of supplies or 
goods, or of a tool, machine, vehicle, or other device, to be used or to 
operate in the manner prescribed by the manufacturer.
    (26) Servicing. Workplace activities that involve the construction, 
installation, adjustment, inspection, modification, testing, or repair 
of machinery, equipment, or systems. Servicing also includes maintaining 
machines, equipment, or systems when performing these activities would 
expose the employee to harm from the start-up or energization of the 
system being serviced, or the release of hazardous energy.
    (27) Sewered toilet. A fixture maintained for the purpose of 
urination and defecation that is connected to a sanitary sewer, septic 
tank, holding tank (bilge), or on-site sewage-disposal treatment 
facility, and that is flushed with water.
    (28) Shield. To install a covering, protective layer, or other 
effective measure on or around steam hoses or temporary steam-piping 
systems, including metal fittings and couplings, to protect employees 
from contacting hot surfaces or elements.
    (29) Short bight. A loop created in a line or rope that is used to 
tie back or fasten objects such as hoses, wiring, and fittings.
    (30) Tag. A prominent warning device that includes a means of 
attachment that can be securely fastened to an energy-isolating device 
in accordance with an established procedure to indicate that the energy-
isolating device and the equipment being controlled

[[Page 68]]

must not be operated until the tag is removed by an authorized employee.
    (31) Tags-plus system. A system to control hazardous energy that 
consists of an energy-isolating device with a tag affixed to it, and at 
least one additional safety measure.
    (32) Verification of isolation. The means necessary to detect the 
presence of hazardous energy, which may involve the use of a test 
instrument (for example, a voltmeter), and, for other than electric 
shock protection, a visual inspection, or a deliberate attempt to start-
up the machinery, equipment, or system.
    (33) Vermin. Insects, birds, rodents and other animals that may 
create safety and health hazards for employees.
    (34) Vessel section. A subassembly, module, or other component of a 
vessel being built or repaired.
    (35) Walkway. Any surface, whether vertical, slanted, or horizontal, 
on which employees walk, including areas that employees pass through, to 
perform their job tasks. Walkways include, but are not limited to, 
access ways, designated walkways, aisles, exits, gangways, ladders, 
ramps, stairs, steps, passageways, and scaffolding. If an area is, or 
could be, used to gain access to other locations, it is to be considered 
a walkway.
    (36) Work area. A specific area, such as a machine shop, engineering 
space, or fabrication area, where one or more employees are performing 
job tasks.
    (37) Working surface. Any surface where work is occurring, or areas 
where tools, materials, and equipment are being staged for performing 
work.
    (38) Worksite. A general work location where one or more employees 
are performing work, such as a shipyard, pier, barge, vessel, or vessel 
section.
    (c) Effective dates. This final rule becomes effective and 
enforceable on August 1, 2011, except for the provisions in Sec.  
1915.89, which become effective and enforceable on October 31, 2011.

[76 FR 24698, May 2, 2011, as amended at 84 FR 21555, May 14, 2019]



Sec.  1915.81  Housekeeping.

    (a) General requirements. (1) The employer shall establish and 
maintain good housekeeping practices to eliminate hazards to employees 
to the extent practicable.
    (2) The employer shall eliminate slippery conditions, such as snow 
and ice, on walkways and working surfaces as necessary. If it is not 
practicable for the employer to remove slippery conditions, the employer 
either shall:
    (i) Restrict employees to designated walkways and working surfaces 
where the employer has eliminated slippery conditions; or
    (ii) Provide slip-resistant footwear in accordance with 29 CFR part 
1915, subpart I.
    (3) The employer shall store materials in a manner that does not 
create a hazard for employees.
    (4) The employer shall maintain easy and open access to each fire-
alarm box, fire-call station, fire-fighting equipment, and each exit, 
including ladders, staircases, scaffolds, and gangways.
    (5) The employer shall dispose of flammable and combustible 
substances, such as paint thinners, solvents, rags, scrap, and waste, or 
store them in covered fire-resistant containers at the end of each 
workshift or when the job is completed, whichever occurs first.
    (b) Walkways. (1) In addition to the requirements in paragraph (a), 
the employer also shall ensure that each walkway:
    (i) Provides adequate passage;
    (ii) Is clear of debris, including solid and liquid wastes, that may 
create a hazard for employees;
    (iii) Is clear of tools, materials, equipment, and other objects 
that may create a hazard for employees; and
    (iv) Is clear of hoses and electrical service cords. The employer 
shall:
    (A) Place each hose and cord above walkways in a location that will 
prevent injury to employees and damage to the hoses and cords;
    (B) Place each hose and cord underneath walkways;
    (C) Place each hose and cord on walkways, provided the hoses and 
cords are covered by crossovers or other means that will prevent injury 
to employees and damage to the hoses and cords; or
    (D) Protect each hose and cord by other suitable means.
    (2) While a walkway or part of a walkway is being used as a working 
surface, the employer shall cordon off

[[Page 69]]

that portion to prevent it from being used as a walkway.
    (c) Working surfaces. In addition to the requirements in paragraph 
(a), the employer also shall ensure that each working surface:
    (1) Is cleared of tools, materials, and equipment that are not 
necessary to perform the job in progress;
    (2) Is cleared of debris, including solid and liquid wastes, at the 
end of each workshift or job, whichever occurs first;
    (3) Is maintained, so far as practicable, in a dry condition. When a 
wet process is used, the employer shall maintain drainage and provide 
false floors, platforms, mats, or other dry standing places. When the 
employer demonstrates that this procedure is not practicable, the 
employer shall provide each employee working in the wet process with 
protective footgear, in accordance with 29 CFR part 1915, subpart I.



Sec.  1915.82  Lighting.

    (a) General Requirements. (1) The employer shall ensure that each 
work area and walkway is adequately lighted whenever an employee is 
present.
    (2) For landside areas, the employer shall provide illumination that 
meets the levels set forth in Table F-1 to Sec.  1915.82.

   Table F-1 to Sec.   1915.82--Minimum Lighting Intensities in Foot-
                                 Candles
------------------------------------------------------------------------
    Lumens (foot-candles)                  Area or operation
------------------------------------------------------------------------
3............................  General areas on vessels and vessel
                                sections such as accessways, exits,
                                gangways, stairs, and walkways.
5............................  General landside areas such as corridors,
                                exits, stairs, and walkways.
5............................  All assigned work areas on any vessel or
                                vessel section.
5............................  Landside tunnels, shafts, vaults, pumping
                                stations, and underground work areas.
10...........................  Landside work areas such as machine
                                shops, electrical equipment rooms,
                                carpenter shops, lofts, tool rooms,
                                warehouses, and outdoor work areas.
10...........................  Changing rooms, showers, sewered toilets,
                                and eating, drinking, and break areas.
30...........................  First aid stations, infirmaries, and
                                offices.
------------------------------------------------------------------------

    Note to table F-1 to Sec.  1915.82: The required illumination levels 
in this table do not apply to emergency or portable lights.

    (3) For vessels and vessel sections, the employer shall provide 
illumination that meets the levels set forth in the table to paragraph 
(a)(2) or meet ANSI/IESNA RP-7-01 (incorporated by reference, see 
1915.5).
    (4) When adequate illumination is not obtainable by permanent 
lighting sources, temporary lighting may be used as supplementation.
    (5) The employer shall ensure that neither matches nor open-flame 
devices are used for lighting.
    (b) Temporary lights. The employer shall ensure that temporary 
lights meet the following requirements:
    (1) Lights with bulbs that are not completely recessed are equipped 
with guards to prevent accidental contact with the bulb;
    (2) Lights are equipped with electric cords designed with sufficient 
capacity to safely carry the electric load;
    (3) Connections and insulation on electric cords are maintained in a 
safe condition;
    (4) Lights and lighting stringers are not suspended solely by their 
electric cords unless they are designed by the manufacturer to be 
suspended in this way;
    (5) Lighting stringers do not overload branch circuits;
    (6) Branch circuits are equipped with over-current protection with a 
capacity that does not exceed the rated current-carrying capacity of the 
cord used;
    (7) Splices have insulation with a capacity that exceeds that of the 
original insulation of the cord; and
    (8) Exposed, non-current-carrying metal parts of lights are 
grounded. The employer shall ensure that grounding is provided either 
through a third wire in the cord containing the circuit conductors or 
through a separate wire that

[[Page 70]]

is grounded at the source of the current. Grounding shall be done in 
accordance with the requirements of 29 CFR 1910, subpart S.
    (c) Portable lights. (1) In any dark area that does not have 
permanent or temporary lights, where lights are not working, or where 
lights are not readily accessible, the employer shall provide portable 
or emergency lights and ensure that employees do not enter those areas 
without such lights.
    (2) Where the only means of illumination on a vessel or vessel 
section are from lighting sources that are not part of the vessel or 
vessel section, the employer shall provide portable or emergency lights 
for the safe movement of each employee. If natural sunlight provides 
sufficient illumination, portable or emergency lights are not required.
    (d) Explosion-proof, self-contained lights. The employer shall 
provide and ensure that each employee uses only explosion-proof, self-
contained temporary and portable lights, approved for hazardous 
conditions by a nationally recognized testing laboratory (NRTL), in any 
area that the atmosphere is determined to contain a concentration of 
flammable vapors that are at or above 10 percent of the lower explosive 
limit (LEL) as specified in 29 CFR part 1915, subparts B and C.



Sec.  1915.83  Utilities.

    (a) Steam supply system. (1) The employer shall ensure that the 
vessel's steam piping system, including hoses, is designed to safely 
handle the working pressure prior to supplying steam from an outside 
source. The employer shall obtain a written or oral determination from a 
responsible vessel's representative, a contractor, or any other person 
who is qualified by training, knowledge, or experience to make such 
determination that the working pressure of the vessel's steam piping 
system is safe.
    (2) The employer shall ensure that each outside steam supply 
connected to a vessel's steam piping system meets the following 
requirements:
    (i) A pressure gauge and a relief valve are installed at the point 
where the temporary steam hose joins the vessel's steam piping system;
    (ii) Each relief valve is set to relieve excess steam at, and is 
capable of relieving steam at, a pressure that does not exceed the safe 
working pressure of the system in its present condition;
    (iii) There are no means of inadvertently disconnecting any relief 
valve from the system that it protects;
    (iv) Each pressure gauge and relief valve is legible and located so 
it is visible and readily accessible; and
    (v) Each relief valve is positioned so it is not likely to cause 
injury if steam is released.
    (b) Steam hoses. The employer shall ensure that each steam hose 
meets the following requirements:
    (1) The steam hose and its fittings are used in accordance with 
manufacturer's specifications;
    (2) Each steam hose is hung tightly with short bights that prevent 
chafing and to reduce tension on the hose and its fittings;
    (3) Each steam hose is protected from damage; and
    (4) Each steam hose or temporary steam piping, including metal 
fittings and couplings, that pass through a walking or working area is 
shielded to protect employees from contact.
    (c) Electric shore power. When a vessel is supplied with electric 
shore power, the employer shall take the following precautions prior to 
energizing any of the vessel's circuits:
    (1) Ensure that the vessel is grounded;
    (2) Equip each circuit to be energized with over-current protection 
that does not exceed the rated current-carrying capacity of the 
conductors; and
    (3) Ensure that each circuit to be energized is in a safe condition. 
The employer must obtain a determination of the safe condition, either 
orally or in writing, from a responsible vessel's representative, a 
contractor, or any other person who is qualified by training, knowledge, 
or experience to make such determination.
    (d) Heat lamps. The employer shall ensure that each heat lamp, 
including the face, is equipped with surround-type guards to prevent 
contact with the lamp and bulb.

[[Page 71]]



Sec.  1915.84  Working alone.

    (a) Except as provided in Sec.  1915.51(c)(3) of this part, whenever 
an employee is working alone, such as in a confined space or isolated 
location, the employer shall account for each employee:
    (1) Throughout each workshift at regular intervals appropriate to 
the job assignment to ensure the employee's safety and health; and
    (2) At the end of the job assignment or at the end of the workshift, 
whichever occurs first.
    (b) The employer shall account for each employee by sight or verbal 
communication.



Sec.  1915.85  Vessel radar and communication systems.

    (a) The employer shall service each vessel's radar and communication 
systems in accordance with 29 CFR 1915.89, Control of Hazardous Energy.
    (b) The employer shall secure each vessel's radar and communication 
system so it is incapable of energizing or emitting radiation before any 
employee begins work:
    (1) On or in the vicinity of the system;
    (2) On or in the vicinity of a system equipped with a dummy load; or
    (3) Aloft, such as on a mast or king post.
    (c) When a vessel's radar or communication system is operated, 
serviced, repaired, or tested, the employer shall ensure that:
    (1) There is no other work in progress aloft; and
    (2) No employee is closer to the system's antenna or transmitter 
than the manufacturer's specified safe minimum distance for the type, 
model, and power of the equipment.
    (d) The employer shall ensure that no employee enters an area 
designated as hazardous by manufacturers' specifications while a radar 
or communication system is capable of emitting radiation.
    (e) The requirements of this section do not apply when a radar or 
communication system is incapable of emitting radiation at levels that 
could injure workers in the vicinity of the system, or if the radar or 
communication system is incapable of energizing in a manner than could 
injure workers working on or in the vicinity of the system.



Sec.  1915.86  Lifeboats.

    (a) Before any employee works in or on a stowed or suspended 
lifeboat, the employer shall secure the lifeboat independently from the 
releasing gear to prevent it from falling or capsizing.
    (b) The employer shall not permit any employee to be in a lifeboat 
while it is being hoisted or lowered, except when the employer 
demonstrates that it is necessary to conduct operational tests or drills 
over water, or in the event of an emergency.
    (c) The employer shall not permit any employee to work on the 
outboard side of a lifeboat that is stowed on chocks unless the lifeboat 
is secured by gripes or another device that prevents it from swinging.



Sec.  1915.87  Medical services and first aid.

    (a) General requirement. The employer shall ensure that emergency 
medical services and first aid are readily accessible.
    (b) Advice and consultation. The employer shall ensure that 
healthcare professionals are readily available for advice and 
consultation on matters of workplace health.
    (c) First aid providers. (1) The employer shall ensure that there is 
an adequate number of employees trained as first aid providers at each 
worksite during each workshift unless:
    (i) There is an on-site clinic or infirmary with first aid providers 
during each workshift; or
    (ii) The employer can demonstrate that outside first aid providers 
(i.e., emergency medical services) can reach the worksite within five 
(5) minutes of a report of injury or illness. The employer must take 
appropriate steps to ascertain that emergency medical assistance will be 
readily available promptly if an injury or illness occurs.
    (2) The employer shall ensure that a first aid provider is able to 
reach an injured/ill employee within five (5) minutes of a report of a 
serious injury, illness, or accident such as one involving

[[Page 72]]

cardiac arrest, acute breathing problems, uncontrolled bleeding, 
suffocation, electrocution, or amputation.
    (3) The employer shall use the following factors in determining the 
number and location of employees who must have first aid training: size 
and location of each worksite; the number of employees at each worksite; 
the hazards present at each worksite; and the distance of each worksite 
from hospitals, clinics, and rescue squads.
    (4) The employer shall ensure that first aid providers are trained 
to render first aid, including cardiopulmonary resuscitation (CPR).
    (5) The employer shall ensure that each first aid provider maintains 
current first aid and CPR certifications, such as issued by the Red 
Cross, American Heart Association, or other equivalent organization.
    (d) First aid supplies. (1) The employer shall provide and maintain 
adequate first aid supplies that are readily accessible to each 
worksite. An employer's on-site infirmary or clinic containing first aid 
supplies that are readily accessible to each worksite complies with this 
requirement.
    (2) The employer shall ensure that the placement, content, and 
amount of first aid supplies are adequate for the size and location of 
each worksite, the number of employees at each worksite, the hazards 
present at each worksite, and the distance of each worksite from 
hospitals, clinics, and rescue squads.
    (3) The employer shall ensure that first aid supplies are placed in 
a weatherproof container.
    (4) The employer shall maintain first aid supplies in a dry, 
sterile, and serviceable condition.
    (5) The employer shall replenish first aid supplies as necessary to 
ensure that there is an adequate supply when needed.
    (6) The employer shall inspect first aid supplies at sufficient 
intervals to ensure that they are adequate and in a serviceable 
condition.
    (e) Quick-drenching and flushing facilities. Where the potential 
exists for an employee to be splashed with a substance that may result 
in an acute or serious injury, the employer shall provide facilities for 
quick-drenching or flushing the eyes and body. The employer shall ensure 
that such a facility is located for immediate emergency use within close 
proximity to operations where such substances are being used.
    (f) Basket stretchers. (1) The employer shall provide an adequate 
number of basket stretchers, or the equivalent, readily accessible to 
where work is being performed on a vessel or vessel section. The 
employer is not required to provide basket stretchers or the equivalent 
where emergency response services have basket stretchers or the 
equivalent that meet the requirements of this paragraph.
    (2) The employer shall ensure each basket stretcher, or the 
equivalent, is equipped with:
    (i) Permanent lifting bridles that enable the basket stretcher, or 
the equivalent, to be attached to hoisting gear capable of lifting at 
least 5,000 pounds (2,270 kg);
    (ii) Restraints that are capable of securely holding the injured/ill 
employee while the basket stretcher, or the equivalent, is lifted or 
moved; and
    (iii) A blanket or other suitable covering for the injured/ill 
employee.
    (3) The employer shall store basket stretchers, or the equivalent, 
and related equipment (i.e., restraints, blankets) in a clearly marked 
location in a manner that prevents damage and protects the equipment 
from environmental conditions.
    (4) The employer shall inspect stretchers, or the equivalent, and 
related equipment at intervals that ensure the equipment remains in a 
safe and serviceable condition, but at least once a year.

   Appendix A to Sec.  1915.87--First Aid Kits and Automated External 
                     Defibrillators (Non-Mandatory)

    1. First aid supplies are required to be adequate and readily 
accessible under paragraphs Sec.  1915.87(a) and (d). An example of the 
minimal contents of a generic first aid kit for workplace settings is 
described in ANSI/ISEA Z308.1-2009, ``Minimum Requirements for Workplace 
First Aid Kits and Supplies'' (incorporated by reference as specified in 
Sec.  1915.5). The contents of the kit listed in this ANSI standard 
should be adequate for small worksites. When larger operations or 
multiple operations are being conducted at the same worksite, employers 
should determine

[[Page 73]]

the need for additional first aid kits, additional types of first aid 
equipment and supplies, and additional quantities and types of supplies 
and equipment in the first aid kits.
    2. In a similar fashion, employers that have unique or changing 
first aid needs at their worksite may need to enhance their first aid 
kits. The employer can use the OSHA 300 Log, OSHA 301 Incident Report 
form, or other reports to identify these unique problems. Consultation 
from the local fire or rescue department, appropriate healthcare 
professional or local emergency room may be helpful to employers in 
these circumstances. By assessing the specific needs of their worksite, 
employers can ensure that reasonably anticipated supplies are available. 
Employers should assess the specific needs of their worksite 
periodically, and augment first aid kits appropriately.
    3. If it is reasonably anticipated that employees will be exposed to 
blood or other potentially infectious materials while using first aid 
supplies, employers must provide appropriate personal protective 
equipment (PPE) in compliance with the provisions of the Occupational 
Exposure to Bloodborne Pathogens standard, Sec.  1910.1030(d)(3). This 
standard lists appropriate PPE for this type of exposure, such as 
gloves, gowns, face shields, masks, and eye protection.
    4. Employers who provide automated external defibrillators (AEDs) at 
their workplaces should designate who will use AEDs and train those 
employees so they know how to correctly use the AEDs. Although a growing 
number of AEDs are now designed to be used by any person, even without 
training, training reinforces proper use and promotes the usefulness of 
AEDs as part of an effective cardiopulmonary resuscitation plan. For 
AEDs to be effective, employers should:
    a. Ensure that AEDs are located so they can be utilized within three 
to five minutes of a report of an accident or injury;
    b. Ensure that employees use AEDs in accordance with manufacturers' 
specifications; and
    c. Inspect, test, and maintain AEDs in accordance with 
manufacturers' specifications.



Sec.  1915.88  Sanitation.

    (a) General requirements. (1) The employer shall provide adequate 
and readily accessible sanitation facilities.
    (2) The employer shall establish and implement a schedule for 
servicing, cleaning, and supplying each facility to ensure it is 
maintained in a clean, sanitary, and serviceable condition.
    (b) Potable water. (1) The employer shall provide potable water for 
all employee health and personal needs and ensure that only potable 
water is used for these purposes.
    (2) The employer shall provide potable drinking water in amounts 
that are adequate to meet the health and personal needs of each 
employee.
    (3) The employer shall dispense drinking water from a fountain, a 
covered container with single-use drinking cups stored in a sanitary 
receptacle, or single-use bottles. The employer shall prohibit the use 
of shared drinking cups, dippers, and water bottles.
    (c) Non-potable water. (1) The employer may use non-potable water 
for other purposes such as firefighting and cleaning outdoor premises so 
long as it does not contain chemicals, fecal matter, coliform, or other 
substances at levels that may create a hazard for employees.
    (2) The employer shall clearly mark non-potable water supplies and 
outlets as ``not safe for health or personal use.''
    (d) Toilets--(1) General requirements. The employer shall ensure 
that sewered and portable toilets:
    (i) Provide privacy at all times. When a toilet facility contains 
more than one toilet, each toilet shall occupy a separate compartment 
with a door and walls or partitions that are sufficiently high to ensure 
privacy; and
    (ii) Are separate for each sex, except as provided in (d)(1)(ii)(B) 
of this section;
    (A) The number of toilets provided for each sex shall be based on 
the maximum number of employees of that sex present at the worksite at 
any one time during a workshift. A single-occupancy toilet room shall be 
counted as one toilet regardless of the number of toilets it contains; 
and
    (B) The employer does not have to provide separate toilet facilities 
for each sex when they will not be occupied by more than one employee at 
a time, can be locked from the inside, and contain at least one toilet.
    (iii) The employer shall establish and implement a schedule to 
ensure that each sewered and portable toilet is maintained in a clean, 
sanitary, and serviceable condition.
    (2) Minimum number of toilets. (i) The employer shall provide at 
least the following number of toilets for each sex.

[[Page 74]]

Portable toilets that meet the requirements of paragraph (d)(3) of this 
section may be included in the minimum number of toilets.

                       Table F-2 to Sec.   1915.88
------------------------------------------------------------------------
                                              Minimum number of toilets
      Number of employees of each sex                  per sex
------------------------------------------------------------------------
1 to 15...................................  1
16 to 35..................................  2
36 to 55..................................  3
56 to 80..................................  4
81 to 110.................................  5
111 to 150................................  6
Over 150..................................  1 additional toilet for each
                                             additional 40 employees.
------------------------------------------------------------------------
Note to Table F-2 of Sec.   1915.88: When toilets will only be used by
  men, urinals may be provided instead of toilets, except that the
  number of toilets in such cases shall not be reduced to less than two-
  thirds of the minimum specified.

    (3) Portable toilets. (i) The employer shall provide portable 
toilets, pursuant to paragraph (d)(2)(i) and Table to paragraph (d)(2) 
of this section, only when the employer demonstrates that it is not 
feasible to provide sewered toilets, or when there is a temporary 
increase in the number of employees for a short duration of time.
    (ii) The employer shall ensure that each portable toilet is vented 
and equipped, as necessary, with lighting.
    (4) Exception for normally unattended worksites and mobile work 
crews. The requirement to provide toilets does not apply to normally 
unattended worksites and mobile work crews, provided that the employer 
ensures that employees have immediately available transportation to 
readily accessible sanitation facilities that are maintained in a clean, 
sanitary, and serviceable condition and meet the other requirements of 
this section.
    (e) Handwashing facilities. (1) The employer shall provide 
handwashing facilities at or adjacent to each toilet facility.
    (2) The employer shall ensure that each handwashing facility:
    (i) Is equipped with either hot and cold or lukewarm running water 
and soap, or with waterless skin-cleansing agents that are capable of 
disinfecting the skin or neutralizing the contaminants to which the 
employee may be exposed; and
    (ii) If the facility uses soap and water, it is supplied with clean, 
single-use hand towels stored in a sanitary container and a sanitary 
means for disposing of them, clean individual sections of continuous 
cloth toweling, or a hand-drying air blower.
    (3) The employer shall inform each employee engaged in the 
application of paints or coatings or in other operations in which 
hazardous or toxic substances can be ingested or absorbed about the need 
for removing surface contaminants from their skins surface by thoroughly 
washing their hands and face at the end of the workshift and prior to 
eating, drinking, or smoking.
    (f) Showers. (1) When showers are required by an OSHA standard, the 
employer shall provide one shower for each 10, or fraction of 10, 
employees of each sex who are required to shower during the same 
workshift.
    (2) The employer shall ensure that each shower is equipped with 
soap, hot and cold water, and clean towels for each employee who uses 
the shower.
    (g) Changing rooms. When an employer provides protective clothing to 
prevent employee exposure to hazardous or toxic substances, the employer 
shall provide the following:
    (1) Changing rooms that provide privacy for each sex; and
    (2) Storage facilities for street clothes, as well as separate 
storage facilities for protective clothing.
    (h) Eating, drinking, and break areas. The employer shall ensure 
that food, beverages, and tobacco products are not consumed or stored in 
any area where employees may be exposed to hazardous or toxic 
substances.
    (i) Waste disposal. (1) The employer shall provide waste receptacles 
that meet the following requirements:
    (i) Each receptacle is constructed of materials that are corrosion 
resistant, leak-proof, and easily cleaned or disposable;
    (ii) Each receptacle is equipped with a solid tight-fitting cover, 
unless it can be kept in clean, sanitary, and serviceable condition 
without the use of a cover;
    (iii) Receptacles are provided in numbers, sizes, and locations that 
encourage their use; and
    (iv) Each receptacle is emptied as often as necessary to prevent it 
from overfilling and in a manner that does not create a hazard for 
employees. Waste receptacles for food shall be

[[Page 75]]

emptied at least every day, unless unused.
    (2) The employer shall not permit employees to work in the immediate 
vicinity of uncovered garbage that could endanger their safety and 
health.
    (3) The employer shall ensure that employees working beneath or on 
the outboard side of a vessel are not contaminated by drainage or waste 
from overboard discharges.
    (j) Vermin control. (1) To the extent reasonably practicable, the 
employer shall clean and maintain the workplace in a manner that 
prevents vermin infestation.
    (2) Where vermin are detected, the employer shall implement and 
maintain an effective vermin-control program.



Sec.  1915.89  Control of hazardous energy (lockout/tags-plus).

    (a) Scope, application, and effective dates . (1) Scope. This 
section covers the servicing of machinery, equipment, and systems when 
the energization or startup of machinery, equipment, or systems, or the 
release of hazardous energy, could endanger an employee.
    (2) Application. (i) This section applies to the servicing of any 
machinery, equipment, or system that employees use in the course of 
shipyard employment work and that is conducted:
    (A) In any landside facility that performs shipyard employment work; 
and
    (B) On any vessel or vessel section.
    (ii) This section applies to such servicing conducted on a vessel by 
any employee including, but not limited to, the ship's officers and crew 
unless such application is preempted by the regulations of another 
federal agency.
    (3) When other standards in 29 CFR part 1915 and applicable 
standards in 29 CFR part 1910 require the use of a lock or tag, the 
employer shall use and supplement them with the procedural and training 
requirements specified in this section.
    (4) Exceptions. This section does not apply to:
    (i) Work on cord-and-plug-connected machinery, equipment, or system, 
provided the employer ensures that the machinery, equipment, or system 
is unplugged and the plug is under the exclusive control of the employee 
performing the servicing;
    (ii) Minor servicing activities performed during normal production 
operations, including minor tool changes and adjustments, that are 
routine, repetitive, and integral to the use of the machinery, 
equipment, or system, provided the employer ensures that the work is 
performed using measures that provide effective protection from 
energization, startup, or the release of hazardous energy.
    (b) Lockout/tags-plus program. The employer shall establish and 
implement a written program and procedures for lockout and tags-plus 
systems to control hazardous energy during the servicing of any 
machinery, equipment, or system in shipyard employment. The program 
shall cover:
    (1) Procedures for lockout/tags-plus systems while servicing 
machinery, equipment, or systems in accordance with paragraph (c) of 
this section;
    (2) Procedures for protecting employees involved in servicing any 
machinery, equipment, or system in accordance with paragraphs (d) 
through (m) of this section;
    (3) Specifications for locks and tags-plus hardware in accordance 
with paragraph (n) of this section;
    (4) Employee information and training in accordance with paragraph 
(o) of this section;
    (5) Incident investigations in accordance with paragraph (p) of this 
section; and
    (6) Program audits in accordance with paragraph (q) of this section.
    (c) General requirements. (1) The employer shall ensure that, before 
any authorized employee performs servicing when energization or startup, 
or the release of hazardous energy, may occur, all energy sources are 
identified and isolated, and the machinery, equipment, or system is 
rendered inoperative.
    (2) If an energy-isolating device is capable of being locked, the 
employer shall ensure the use of a lock to prevent energization or 
startup, or the release of hazardous energy, before any

[[Page 76]]

servicing is started, unless the employer can demonstrate that the 
utilization of a tags-plus system will provide full employee protection 
as set forth in paragraph (c)(6) of this section.
    (3) If an energy-isolating device is not capable of being locked, 
the employer shall ensure the use of a tags-plus system to prevent 
energization or startup, or the release of hazardous energy, before any 
servicing is started.
    (4) Each tags-plus system shall consist of:
    (i) At least one energy-isolating device with a tag affixed to it; 
and
    (ii) At least one additional safety measure that, along with the 
energy-isolating device and tag required in (c)(4)(i) of this section, 
will provide the equivalent safety available from the use of a lock.

    Note to paragraph (c)(4) of this section: When the Navy ship's force 
maintains control of the machinery, equipment, or systems on a vessel 
and has implemented such additional measures it determines are 
necessary, the provisions of paragraph (c)(4)(ii) of this section shall 
not apply, provided that the employer complies with the verification 
procedures in paragraph (g) of this section.

    (5) After October 31, 2011, the employer shall ensure that each 
energy-isolating device for any machinery, equipment, or system is 
designed to accept a lock whenever the machinery, equipment, or system 
is extensively repaired, renovated, modified, or replaced, or whenever 
new machinery, equipment, or systems are installed. This requirement 
does not apply when a shipyard employer:
    (i) Does not own the machinery, equipment, or system; or
    (ii) Builds or services a vessel or vessel section according to 
customer specifications.
    (6) Full employee protection. (i) When a tag is used on an energy-
isolating device that is capable of being locked out, the tag shall be 
attached at the same location that the lock would have been attached, 
and;
    (ii) The employer shall demonstrate that the use of a tags-plus 
system will provide a level of safety equivalent to that obtained by 
using a lock. In demonstrating that an equivalent level of safety is 
achieved, the employer shall:
    (A) Demonstrate full compliance with all tags-plus-related 
provisions of this standard; and
    (B) Implement such additional safety measures as are necessary to 
provide the equivalent safety available from the use of a lock.

    Note to paragraph (c)(6) of this section: When the Navy ship's force 
maintains control of the machinery, equipment, or systems on a vessel 
and has implemented such additional measures it determines are 
necessary, the provisions of paragraph (c)(6)(ii)(B) of this section do 
not apply, provided that the employer complies with the verification 
procedures in paragraph (g) of this section.

    (7) Lockout/tags-plus coordination. (i) The employer shall establish 
and implement lockout/tags-plus coordination when:
    (A) Employees on vessels and in vessel sections are servicing 
multiple machinery, equipment, or systems at the same time; or
    (B) Employees on vessels, in vessel sections, and at landside 
facilities are performing multiple servicing operations on the same 
machinery, equipment, or system at the same time.
    (ii) The coordination process shall include a lockout/tags-plus 
coordinator and a lockout/tags-plus log. Each log shall be specific to 
each vessel, vessel section, and landside work area.
    (iii) The employer shall designate a lockout/tags-plus coordinator 
who is responsible for overseeing and approving:
    (A) The application of each lockout and tags-plus system;
    (B) The verification of hazardous-energy isolation before the 
servicing of any machinery, equipment, or system begins; and
    (C) The removal of each lockout and tags-plus system.
    (iv) The employer shall ensure that the lockout/tags-plus 
coordinator maintains and administers a continuous log of each lockout 
and tags-plus system. The log shall contain:
    (A) Location of machinery, equipment, or system to be serviced;
    (B) Type of machinery, equipment, or system to be serviced;
    (C) Name of the authorized employee applying the lockout/tags-plus 
system;
    (D) Date that the lockout/tags-plus system is applied;

[[Page 77]]

    (E) Name of authorized employee removing the lock or tags-plus 
system; and
    (F) Date that lockout/tags-plus system is removed.

    Note to paragraph (c)(7) of this section: When the Navy ship's force 
serves as the lockout/tags-plus coordinator and maintains control of the 
lockout/tags-plus log, the employer will be in compliance with the 
requirements in paragraph (c)(7) of this section when coordination 
between the ship's force and the employer occurs to ensure that 
applicable lockout/tags-plus procedures are followed and documented.

    (d) Lockout/tags-plus written procedures. (1) The employer shall 
establish and implement written procedures to prevent energization or 
startup, or the release of hazardous energy, during the servicing of any 
machinery, equipment, or system. Each procedure shall include:
    (i) A clear and specific outline of the scope and purpose of the 
lockout/tags-plus procedure;
    (ii) The means the employer will use to enforce compliance with the 
lockout/tags-plus program and procedures; and
    (iii) The steps that must be followed for:
    (A) Preparing for shutting down and isolating of the machinery, 
equipment, or system to be serviced, in accordance with paragraph (e) of 
this section;
    (B) Applying the lockout/tags-plus system, in accordance with 
paragraph (f) of this section;
    (C) Verifying isolation, in accordance with paragraph (g) of this 
section;
    (D) Testing the machinery, equipment, or system, in accordance with 
paragraph (h) of this section;
    (E) Removing lockout/tags-plus systems, in accordance with paragraph 
(i) of this section;
    (F) Starting up the machinery, equipment, or system that is being 
serviced, in accordance with paragraph (j) of this section;
    (G) Applying lockout/tags-plus systems in group servicing 
operations, in accordance with paragraph (k) of this section;
    (H) Addressing multi-employer worksites involved in servicing any 
machinery, equipment, or system, in accordance with paragraph (l) of 
this section; and
    (I) Addressing shift or personnel changes during servicing 
operations, in accordance with paragraph (m) of this section.

    Note to paragraph (d)(1) of this section: The employer need only 
develop a single procedure for a group of similar machines, equipment, 
or systems if the machines, equipment, or systems have the same type and 
magnitude of energy and the same or similar types of controls, and if a 
single procedure can satisfactorily address the hazards and the steps to 
be taken to control these hazards.

    (2) The employer's lockout procedures do not have to be in writing 
for servicing machinery, equipment, or systems, provided that all of the 
following conditions are met:
    (i) There is no potential for hazardous energy to be released (or to 
reaccumulate) after shutting down, or restoring energy to, the 
machinery, equipment, or system;
    (ii) The machinery, equipment, or system has a single energy source 
that can be readily identified and isolated;
    (iii) The isolation and lock out of that energy source will result 
in complete de-energization and deactivation of the machinery, 
equipment, or system, and there is no potential for reaccumulation of 
energy;
    (iv) The energy source is isolated and secured from the machinery, 
equipment, or system during servicing;
    (v) Only one lock is necessary for isolating the energy source;
    (vi) The lock is under the exclusive control of the authorized 
employee performing the servicing;
    (vii) The servicing does not create a hazard for any other employee; 
and
    (viii) The employer, in utilizing this exception, has not had any 
accidents or incidents involving the activation or reenergization of 
this type of machinery, equipment, or system during servicing.
    (e) Procedures for shutdown and isolation. (1) Before an authorized 
employee shuts down any machinery, equipment, or system, the employer 
shall:
    (i) Ensure that the authorized employee has knowledge of:
    (A) The source, type, and magnitude of the hazards associated with

[[Page 78]]

energization or startup of the machine, equipment, or system;
    (B) The hazards associated with the release of hazardous energy; and
    (C) The means to control these hazards; and
    (ii) Notify each affected employee that the machinery, equipment, or 
system will be shut down and deenergized prior to servicing, and that a 
lockout/tags-plus system will be implemented.
    (2) The employer shall ensure that the machinery, equipment, or 
system is shut down according to the written procedures the employer 
established.
    (3) The employer shall use an orderly shutdown to prevent exposing 
any employee to risks associated with hazardous energy.
    (4) The employer shall ensure that the authorized employee relieves, 
disconnects, restrains, or otherwise renders safe all potentially 
hazardous energy that is connected to the machinery, equipment, or 
system.

    Note to paragraph (e) of this section: When the Navy ship's force 
shuts down any machinery, equipment, or system, and relieves, 
disconnects, restrains, or otherwise renders safe all potentially 
hazardous energy that is connected to the machinery, equipment, or 
system, the employer will be in compliance with the requirements in 
paragraph (e) of this section when the employer's authorized employee 
verifies that the machinery, equipment, or system being serviced has 
been properly shut down, isolated, and deenergized.

    (f) Procedures for applying lockout/tags-plus systems. (1) The 
employer shall ensure that only an authorized employee applies a 
lockout/tags-plus system.
    (2) When using lockout systems, the employer shall ensure that the 
authorized employee affixes each lock in a manner that will hold the 
energy-isolating device in a safe or off position.
    (3) When using tags-plus systems, the employer shall ensure that the 
authorized employee affixes a tag directly to the energy-isolating 
device that clearly indicates that the removal of the device from a safe 
or off position is prohibited.
    (4) When the tag cannot be affixed directly to the energy-isolating 
device the employer shall ensure that the authorized employee locates it 
as close as safely possible to the device, in a safe and immediately 
obvious position.
    (5) The employer shall ensure that each energy-isolating device that 
controls energy to the machinery, equipment, or system is effective in 
isolating the machinery, equipment, or system from all potentially 
hazardous energy source(s).

    Note to paragraph (f) of this section: When the Navy ship's force 
applies the lockout/tags-plus systems or devices, the employer will be 
in compliance with the requirements in paragraph (f) of this section 
when the employer's authorized employee verifies the application of the 
lockout/tags-plus systems or devices.

    (g) Procedures for verification of deenergization and isolation. (1) 
Before servicing machinery, equipment, or a system that has a lockout/
tags-plus system, the employer shall ensure that the authorized 
employee, or the primary authorized employee in a group lockout/tags-
plus application, verifies that the machinery, equipment, or system is 
deenergized and all energy sources isolated.
    (2) The employer shall ensure that the authorized employee, or the 
primary authorized employee in a group lockout/tags-plus application, 
continues verifying deenergization and isolation while servicing the 
machinery, equipment, or system.
    (3) Each authorized employee in a group lockout/tags-plus 
application who will be servicing the machinery, equipment, or system 
must be given the option to verify that the machinery, equipment, or 
system is deenergized and all energy sources isolated, even when 
verification is performed by the primary authorized employee.
    (h) Procedures for testing. In each situation in which a lockout/
tags-plus system must be removed temporarily and the machinery, 
equipment, or system restarted to test it or to position a component, 
the employer shall ensure that the authorized employee does the 
following in sequence:
    (1) Clears tools and materials from the work area;
    (2) Removes nonessential employees from the work area;
    (3) Removes each lockout/tags-plus system in accordance with 
paragraph (i) of this section;

[[Page 79]]

    (4) Restarts the machinery, equipment, or system and then proceeds 
with testing or positioning; and
    (5) After completing testing or positioning, deenergizes and shuts 
down the machinery, equipment, or system and reapplies all lockout/tags-
plus systems in accordance with paragraphs (e)-(g) of this section to 
continue servicing.

    Note to paragraph (h) of this section: When the Navy ship's force 
serves as the lockout/tags-plus coordinator, performs the testing, and 
maintains control of the lockout/tags-plus systems or devices during 
testing, the employer is in compliance with paragraph (h) when the 
employer's authorized employee acknowledges to the lockout/tags-plus 
coordinator that the employer's personnel and tools are clear and the 
machinery, equipment, or system being serviced is ready for testing, and 
upon completion of the testing, verifies the reapplication of the 
lockout/tags-plus systems.

    (i) Procedures for removal of lockout and tags-plus systems. (1) 
Before removing any lockout/tags-plus system and restoring the 
machinery, equipment, or system to use, the employer shall ensure that 
the authorized employee does the following:
    (i) Notifies all other authorized and affected employees that the 
lockout/tags-plus system will be removed;
    (ii) Ensures that all employees in the work area have been safely 
positioned or removed; and
    (iii) Inspects the work area to ensure that nonessential items have 
been removed and machinery, equipment, or system components are 
operationally intact.
    (2) The employer shall ensure that each lock or tags-plus system is 
removed by the authorized employee who applied it.
    (3) When the authorized employee who applied the lockout/tags-plus 
system is not available to remove it, the employer may direct removal by 
another authorized employee, provided the employer developed and 
incorporated into the lockout/tags-plus program the specific procedures 
and training that address such removal, and demonstrates that the 
specific procedures used provide a level of employee safety that is at 
least as effective in protecting employees as removal of the system by 
the authorized employee who applied it. After meeting these 
requirements, the employer shall do the following in sequence:
    (i) Verify that the authorized employee who applied the lockout/
tags-plus system is not in the facility;
    (ii) Make all reasonable efforts to contact the authorized employee 
to inform him/her that the lockout/tags-plus system has been removed; 
and
    (iii) Ensure that the authorized employee who applied the lock or 
tags-plus system has knowledge of the removal before resuming work on 
the affected machinery, equipment, or system.

    Note to paragraph (i) of this section: When the Navy ship's force 
serves as lockout/tags-plus coordinator and removes the lockout/tags-
plus systems or devices, the employer is in compliance with the 
requirements in paragraph (i) of this section when the employer's 
authorized employee informs the lockout/tags-plus coordinator that the 
procedures in paragraph (i)(1) of this section have been performed.

    (j) Procedures for startup. (1) Before an authorized employee turns 
on any machinery, equipment, or system after servicing is completed, the 
employer shall ensure that the authorized employee has knowledge of the 
source, type, and magnitude of the hazards associated with energization 
or startup, and the means to control these hazards.
    (2) The employer shall execute an orderly startup to prevent or 
minimize any additional or increased hazard(s) to employees. The 
employer shall perform the following tasks before starting up the 
machinery, equipment, or system:
    (i) Clear tools and materials from the work area;
    (ii) Remove any non-essential employees from the work area; and
    (iii) Start up the machinery, equipment, or system according to the 
detailed procedures the employer established for that machinery, 
equipment, or system.

    Note to paragraph (j) of this section: When the Navy ship's force 
serves as lockout/tags-plus coordinator and maintains control of the 
lockout/tags-plus systems or devices during startup, and the employer is 
prohibited from starting up the machinery, equipment, or system, the 
employer is in

[[Page 80]]

compliance with the requirements in paragraph (j) of this section when 
the employer's authorized employee informs the lockout/tags-plus 
coordinator the procedures in paragraphs (j)(2)(i) and (j)(2)(ii) of 
this section have been performed.

    (k) Procedures for group lockout/tags-plus. When more than one 
authorized employee services the same machinery, equipment, or system at 
the same time, the following procedures shall be implemented:
    (1) Primary authorized employee. The employer shall:
    (i) Assign responsibility to one primary authorized employee for 
each group of authorized employees performing servicing on the same 
machinery, equipment, or system;
    (ii) Ensure that the primary authorized employee determines the safe 
exposure status of each authorized employee in the group with regard to 
the lockout/tags-plus system;
    (iii) Ensure that the primary authorized employee obtains approval 
from the lockout/tags-plus coordinator to apply and remove the lockout/
tags-plus system; and
    (iv) Ensure that the primary authorized employee coordinates the 
servicing operation with the coordinator when required by paragraph 
(c)(7)(i) of this section.
    (2) Authorized employees. The employer shall either:
    (i) Have each authorized employee apply a personal lockout/tags-plus 
system; or
    (ii) Use a procedure that the employer can demonstrate affords each 
authorized employee a level of protection equivalent to the protection 
provided by having each authorized employee apply a personal lockout/
tags-plus system. Such procedures shall incorporate a means for each 
authorized employee to have personal control of, and accountability for, 
his or her protection such as, but not limited to, having each 
authorized employee:
    (A) Sign a group tag (or a group tag equivalent), attach a personal 
identification device to a group lockout device, or performs a 
comparable action before servicing is started; and
    (B) Sign off the group tag (or the group tag equivalent), remove the 
personal identification device, or perform a comparable action when 
servicing is finished.

    Note to paragraph (k)(2) of this section: When the Navy ship's force 
maintains control of the machinery, equipment, or systems on a vessel 
and prohibits the employer from applying or removing the lockout/tags-
plus system or starting up the machinery, equipment, or systems being 
serviced, the employer is in compliance with the requirements in 
paragraphs (k)(1)(iii) and (k)(2), provided that the employer ensures 
that the primary authorized employee takes the following steps in the 
following order: (1) Before servicing begins and after deenergization, 
(a) verifies the safe exposure status of each authorized employee, and 
(b) signs a group tag (or a group tag equivalent) or performs a 
comparable action; and (2) after servicing is complete and before 
reenergization, (a) verifies the safe exposure status of each authorized 
employee, and (b) signs off the group tag (or the group tag equivalent) 
or performs a comparable action.

    (l) Procedures for multi-employer worksites. (1) The host employer 
shall establish and implement procedures to protect employees from 
hazardous energy in multi-employer worksites. The procedures shall 
specify the responsibilities for host and contract employers.
    (2) Host employer responsibilities. The host employer shall carry 
out the following responsibilities in multi-employer worksites:
    (i) Inform each contract employer about the content of the host 
employer's lockout/tags-plus program and procedures;
    (ii) Instruct each contract employer to follow the host employer's 
lockout/tags-plus program and procedures; and
    (iii) Ensure that the lockout/tags-plus coordinator knows about all 
servicing operations and communicates with each contract employer who 
performs servicing or works in an area where servicing is being 
conducted.
    (3) Contract employer responsibilities. Each contract employer shall 
perform the following duties when working in a multi-employer worksite:
    (i) Follow the host employer's lockout/tags-plus program and 
procedures;
    (ii) Ensure that the host employer knows about the lockout/tags-plus 
hazards associated with the contract employer's work and what the 
contract employer is doing to address these hazards; and

[[Page 81]]

    (iii) Inform the host employer of any previously unidentified 
lockout/tags-plus hazards that the contract employer identifies at the 
multi-employer worksite.

    Note 1 to paragraph (l) of this section: The host employer may 
include provisions in its contract with the contract employer for the 
contract employer to have more control over the lockout/tags-plus 
program if such provisions will provide an equivalent level of 
protection for the host employer's and contract employer's employees as 
that provided by paragraph (l) of this section.
    Note 2 to paragraph (l) of this section: When the U.S Navy contracts 
directly with a contract employer and the Navy ship's force maintains 
control of the lockout/tags-plus systems or devices, that contract 
employer shall consider the Navy to be the host employer for the 
purposes of Sec.  1915.89(l)(3).

    (m) Procedures for shift or personnel changes. (1) The employer 
shall establish and implement specific procedures for shift or personnel 
changes to ensure the continuity of lockout/tags-plus protection.
    (2) The employer shall establish and implement provisions for the 
orderly transfer of lockout/tags-plus systems between authorized 
employees when they are starting and ending their workshifts, or when 
personnel changes occur during a workshift, to prevent energization or 
startup of the machinery, equipment, or system being serviced or the 
release of hazardous energy.
    (n) Lockout/tags-plus materials and hardware. (1) The employer shall 
provide locks and tags-plus system hardware used for isolating, 
securing, or blocking machinery, equipment, or systems from all 
hazardous-energy sources.
    (2) The employer shall ensure that each lock and tag is uniquely 
identified for the purpose of controlling hazardous energy and is not 
used for any other purpose.
    (3) The employer shall ensure that each lock and tag meets the 
following requirements:
    (i) Durable. (A) Each lock and tag is capable of withstanding the 
existing environmental conditions for the maximum period of time that 
servicing is expected to last;
    (B) Each tag is made so that weather conditions, wet or damp 
conditions, corrosive substances, or other conditions in the work area 
where the tag is used or stored will not cause it to deteriorate or 
become illegible;
    (ii) Standardized. (A) Each lock and tag is standardized in at least 
one of the following areas: color, shape, or size; and
    (B) Each tag is standardized in print and format;
    (iii) Substantial. (A) Each lock is sturdy enough to prevent removal 
without the use of extra force or unusual techniques, such as bolt 
cutters or other metal-cutting tools;
    (B) Each tag and tag attachment is sturdy enough to prevent 
inadvertent or accidental removal;
    (C) Each tag attachment has the general design and basic safety 
characteristics of a one-piece, all-environment-tolerant nylon tie;
    (D) Each tag attachment is non-reusable, attachable by hand, self-
locking, and non-releasable, and has a minimum unlocking strength of 50 
pounds;
    (iv) Identifiable. Each lock and tag indicates the identity of the 
authorized employee applying it; and
    (v) Each tag warns of hazardous conditions that could arise if the 
machinery, equipment, or system is energized and includes a legend such 
as one of the following: ``Do Not Start,'' ``Do Not Open,'' ``Do Not 
Close,'' ``Do Not Energize,'' or ``Do Not Operate.''
    (o) Information and training--(1) Initial training. The employer 
shall train each employee in the applicable requirements of this section 
no later than October 31, 2011.
    (2) General training content. The employer shall train each employee 
who is, or may be, in an area where lockout/tags-plus systems are being 
used so they know:
    (i) The purpose and function of the employer's lockout/tags-plus 
program and procedures;
    (ii) The unique identity of the locks and tags to be used in the 
lockout/tags-plus system, as well as the standardized color, shape or 
size of these devices;
    (iii) The basic components of the tags-plus system: an energy-
isolating device with a tag affixed to it and an additional safety 
measure;

[[Page 82]]

    (iv) The prohibition against tampering with or removing any lockout/
tags-plus system; and
    (v) The prohibition against restarting or reenergizing any 
machinery, equipment, or system being serviced under a lockout/tags-plus 
system.
    (3) Additional training requirements for affected employees. In 
addition to training affected employees in the requirements in paragraph 
(o)(2) of this section, the employer also shall train each affected 
employee so he/she knows:
    (i) The use of the employer's lockout/tags-plus program and 
procedures;
    (ii) That affected employees are not to apply or remove any lockout/
tags-plus system; and
    (iii) That affected employees are not to bypass, ignore, or 
otherwise defeat any lockout/tags-plus system.
    (4) Additional training requirements for authorized employees. In 
addition to training authorized employees in the requirements in 
paragraphs (o)(2) and (o)(3) of this section, the employer also shall 
train each authorized employee so he/she knows:
    (i) The steps necessary for the safe application, use, and removal 
of lockout/tags-plus systems to prevent energization or startup or the 
release of hazardous energy during servicing of machinery, equipment, or 
systems;
    (ii) The type of energy sources and the magnitude of the energy 
available at the worksite;
    (iii) The means and methods necessary for effective isolation and 
control of hazardous energy;
    (iv) The means for determining the safe exposure status of other 
employees in a group when the authorized employee is working as a 
group's primary authorized employee.
    (v) The requirement for tags to be written so they are legible and 
understandable to all employees;
    (vi) The requirement that tags and their means of attachment be made 
of materials that will withstand the environmental conditions 
encountered in the workplace;
    (vii) The requirement that tags be securely attached to energy-
isolating devices so they cannot be accidentally removed while servicing 
machinery, equipment, or systems;
    (viii) That tags are warning devices, and alone do not provide 
physical barriers against energization or startup, or the release of 
hazardous energy, provided by locks, and energy-isolating devices; and
    (ix) That tags must be used in conjunction with an energy-isolating 
device to prevent energization or startup or the release of hazardous 
energy.
    (5) Additional training for lockout/tags-plus coordinator. In 
addition to training lockout/tags-plus coordinators in the requirements 
in paragraphs (o)(2), (o)(3), and (o)(4) of this section, the employer 
shall train each lockout/tags-plus coordinator so he/she knows:
    (i) How to identify and isolate any machinery, equipment, or system 
that is being serviced; and
    (ii) How to accurately document lockout/tags-plus systems and 
maintain the lockout/tags-plus log.
    (6) Employee retraining.
    (i) The employer shall retrain each employee, as applicable, 
whenever:
    (A) There is a change in his/her job assignment that presents new 
hazards or requires a greater degree of knowledge about the employer's 
lockout/tags-plus program or procedures;
    (B) There is a change in machinery, equipment, or systems to be 
serviced that presents a new energy-control hazard;
    (C) There is a change in the employer's lockout/tags-plus program or 
procedures; or
    (D) It is necessary to maintain the employee's proficiency.
    (ii) The employer also shall retrain each employee, as applicable, 
whenever an incident investigation or program audit indicates that there 
are:
    (A) Deviations from, or deficiencies in, the employer's lockout/
tags-plus program or procedures; or
    (B) Inadequacies in an employee's knowledge or use of the lockout/
tags-plus program or procedures.
    (iii) The employer shall ensure that retraining establishes the 
required employee knowledge and proficiency in the employer's lockout/
tags-plus program and procedures and in any new or revised energy-
control procedures.
    (7) Upon completion of employee training, the employer shall keep a 
record that the employee accomplished

[[Page 83]]

the training, and that this training is current. The training record 
shall contain at least the employee's name, date of training, and the 
subject of the training.
    (p) Incident investigation. (1) The employer shall investigate each 
incident that resulted in, or could reasonably have resulted in, 
energization or startup, or the release of hazardous energy, while 
servicing machinery, equipment, or systems.
    (2) Promptly but not later than 24 hours following the incident, the 
employer shall initiate an incident investigation and notify each 
employee who was, or could reasonably have been, affected by the 
incident.
    (3) The employer shall ensure that the incident investigation is 
conducted by at least one employee who has the knowledge of, and 
experience in, the employer's lockout/tags-plus program and procedures, 
and in investigating and analyzing incidents involving the release of 
hazardous energy. The employer may also use additional individuals to 
participate in investigating the incident.
    (4) The employer shall ensure that the individual(s) conducting the 
investigation prepare(s) a written report of the investigation that 
includes:
    (i) The date and time of the incident;
    (ii) The date and time the incident investigation began;
    (iii) Location of the incident;
    (iv) A description of the incident;
    (v) The factors that contributed to the incident;
    (vi) A copy of any lockout/tags-plus log that was current at the 
time of the incident; and
    (vii) Any corrective actions that need to be taken as a result of 
the incident.
    (5) The employer shall review the written incident report with each 
employee whose job tasks are relevant to the incident investigation 
findings, including contract employees when applicable.
    (6) The employer shall ensure that the incident investigation and 
written report are completed, and all corrective actions implemented, 
within 30 days following the incident.
    (7) If the employer demonstrates that it is infeasible to implement 
all of the corrective actions within 30 days, the employer shall prepare 
a written abatement plan that contains an explanation of the 
circumstances causing the delay, a proposed timetable for the abatement, 
and a summary of the steps the employer is taking in the interim to 
protect employees from hazardous energy while servicing machinery, 
equipment, or systems.
    (q) Program audits. (1) The employer shall conduct an audit of the 
lockout/tags-plus program and procedures currently in use at least 
annually to ensure that the procedures and the requirements of this 
section are being followed and to correct any deficiencies.
    (2) The employer shall ensure that the audit is performed by:
    (i) An authorized employee other than the one(s) currently using the 
energy-control procedure being reviewed; or
    (ii) Individuals other than an authorized employee who are 
knowledgeable about the employer's lockout/tags-plus program and 
procedures and the machinery, equipment, or systems being audited.
    (3) The employer shall ensure that the audit includes:
    (i) A review of the written lockout/tags-plus program and 
procedures;
    (ii) A review of the current lockout/tags-plus log;
    (iii) Verification of the accuracy of the lockout/tags-plus log;
    (iv) A review of incident reports since the last audit;
    (v) A review conducted between the auditor and authorized employees 
regarding the authorized employees' responsibilities under the lockout 
systems being audited; and
    (vi) A review conducted between the auditor and affected and 
authorized employees regarding their responsibilities under the tags-
plus systems being audited.
    (4) The employer shall ensure that, within 15 days after completion 
of the audit, the individual(s) who conducted the audit prepare and 
deliver to the employer a written audit report that includes at least:
    (i) The date of the audit;
    (ii) The identity of the individual(s) who performed the audit;

[[Page 84]]

    (iii) The identity of the procedure and machinery, equipment, or 
system that were audited;
    (iv) The findings of the program audit and recommendations for 
correcting deviations or deficiencies identified during the audit;
    (v) Any incident investigation reports since the previous audit; and
    (vi) Descriptions of corrective actions the employer has taken in 
response to the findings and recommendations of any incident 
investigation reports prepared since the previous audit.
    (5) The employer shall promptly communicate the findings and 
recommendations in the written audit report to each employee having a 
job task that may be affected by such findings and recommendations.
    (6) The employer shall correct the deviations or inadequacies in the 
lockout/tags-plus program within 15 days after receiving the written 
audit report.
    (r) Recordkeeping. (1) Table to paragraph (r)(1) of this section 
specifies what records the employer must retain and how long the 
employer must retain them:

Table to Paragraph (r)(1) of This Section--Retention of Records Required
                            by Sec.   1915.89
------------------------------------------------------------------------
  The employer must keep the following
             records . . .                      For at least . . .
------------------------------------------------------------------------
(i) Current lockout/tags-plus program    Until replaced by updated
 and procedures.                          program and procedures.
(ii) Training records..................  Until replaced by updated
                                          records for each type of
                                          training.
(iii) Incident investigation reports...  Until the next program audit is
                                          completed.
(iv) Program audit report..............  12 months after being replaced
                                          by the next audit report.
------------------------------------------------------------------------

    (2) The employer shall make all records required by this section 
available to employees, their representatives, and the Assistant 
Secretary in accordance with the procedures and time periods specified 
in 29 CFR 1910.1020(e)(1) and (e)(3).
    (s) Appendices. Non-mandatory Appendix A to this section is a 
guideline to assist employers and employees in complying with the 
requirements of this section, and to provide them with other useful 
information. The information in Appendix A does not add to, or in any 
way revise, the requirements of this section.

  Appendix A to Sec.  1915.89 (Non-Mandatory)--Typical Minimal Lockout/
                          Tags-Plus Procedures

                                 General

                       Lockout/Tags-Plus Procedure

Lockout/Tags-Plus Procedure for
________________________________________________________________________

[Name of company for single procedure or identification of machinery, 
equipment, or system if multiple procedures used.]
________________________________________________________________________

                                 Purpose

    This procedure establishes the minimum requirements for the lockout/
tags-plus application of energy-isolating devices on vessels and vessel 
sections, and for landside facilities whenever servicing is done on 
machinery, equipment, or systems in shipyards. This procedure shall be 
used to ensure that all potentially hazardous-energy sources have been 
isolated and the machinery, equipment, or system to be serviced has been 
rendered inoperative through the use of lockout or tags-plus procedures 
before employees perform any servicing when the energization or start-up 
of the machinery, equipment, or system, or the release of hazardous 
energy could cause injury.

                      Compliance With This Program

    All employees are required to comply with the restrictions and 
limitations imposed on them during the use of lockout or tags-plus 
applications. Authorized employees are required to perform each lockout 
or tags-plus application in accordance with this procedure. No employee, 
upon observing that machinery, equipment, or systems are secured using 
lockout or tags-plus applications, shall attempt to start, open, close, 
energize, or operate that machinery, equipment, or system.
________________________________________________________________________

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

                Procedures for Lockout/Tags-Plus Systems

    (1) Notify each affected employee that servicing is required on the 
machinery, equipment, or system, and that it must be isolated and 
rendered inoperative using a lockout or tags-plus system.
________________________________________________________________________

Method of notifying all affected employees.


[[Page 85]]


    (2) The authorized employee shall refer to shipyard employer's 
procedures to identify the type and magnitude of the energy source(s) 
that the machinery, equipment, or system uses, shall understand the 
hazards of the energy, and shall know the methods to control the energy 
source(s).
________________________________________________________________________

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

    (3) If the machinery, equipment, or system is operating, shut it 
down in accordance with the written procedures (depress the stop button, 
open switch, close valve, etc.) established by the employer.
________________________________________________________________________

Type(s) and location(s) of machinery, equipment, or system operating 
controls.

    (4) Secure each energy-isolating device(s) through the use of a 
lockout or tags-plus system (for instance, disconnecting, blanking, and 
affixing tags) so that the energy source is isolated and the machinery, 
equipment, or system is rendered inoperative.
________________________________________________________________________

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

    (5) Lockout System. Affix a lock to each energy-isolating device(s) 
with assigned individual lock(s) that will hold the energy-isolating 
device(s) in a safe or off position. Potentially hazardous energy (such 
as that found in capacitors, springs, elevated machine members, rotating 
flywheels, hydraulic systems, and air, gas, steam, or water pressure, 
etc.) must be controlled by methods such as grounding, repositioning, 
blocking, bleeding down, etc.
    (6) Tags-Plus System. Affix a tag to each energy-isolating device 
and provide at least one additional safety measure that clearly 
indicates that removal of the device from the safe or off position is 
prohibited. Potentially hazardous energy (such as that found in 
capacitors, springs, elevated machine members, rotating flywheels, 
hydraulic systems and air, gas, steam, or water pressure, etc.) must be 
controlled by methods such as grounding, repositioning, blocking, 
bleeding down, etc.
________________________________________________________________________

Type(s) of hazardous energy--methods used to control them.

    (7) Ensure that the machinery, equipment, or system is relieved, 
disconnected, restrained, or rendered safe from the release of all 
potentially hazardous energy by checking that no personnel are exposed, 
and then verifying the isolation of energy to the machine, equipment, or 
system by operating the push button or other normal operating 
control(s), or by testing to make certain it will not operate.

CAUTION: Return operating control(s) to the safe or off position after 
verifying the isolation of the machinery, equipment, or system.

________________________________________________________________________

Method of verifying the isolation of the machinery, equipment, or 
system.

    (8) The machinery, equipment, or system is now secured by a lockout 
or tags-plus system, and servicing by the authorized person may be 
performed.

           Procedures for Removal of Lockout/Tags-Plus Systems

    When servicing is complete and the machinery, equipment, or system 
is ready to return to normal operating condition, the following steps 
shall be taken:
    (1) Notify each authorized and affected employee(s) that the 
lockout/tags-plus system will be removed and the machinery, equipment, 
or system reenergized.
    (2) Inspect the work area to ensure that all employees have been 
safely positioned or removed.
    (3) Inspect the machinery, equipment, or system and the immediate 
area around the machinery, equipment, or system to ensure that 
nonessential items have been removed and that the machinery, equipment 
or system components are operationally intact.
    (4) Reconnect the necessary components, remove the lockout/tags-plus 
material and hardware, and reenergize the machinery, equipment, or 
system through the established detailed procedures determined by the 
employer.
    (5) Notify all affected employees that servicing is complete and the 
machinery, equipment, or system is ready for testing or use.



Sec.  1915.90  Safety color code for marking physical hazards.

    The requirements applicable to shipyard employment under this 
section are identical to the requirements set forth at 29 CFR 1910.144 
of this chapter.



Sec.  1915.91  Accident prevention signs and tags.

    The requirements applicable to shipyard employment under this 
section are identical to the requirements set forth at 29 CFR 1910.145 
of this chapter.



Sec.  1915.92  Retention of DOT markings, placards, and labels.

    (a) Any employer who receives a package of hazardous material that 
is required to be marked, labeled, or placarded in accordance with the 
U.S. Department of Transportation Hazardous Materials Regulations (49 
CFR parts

[[Page 86]]

171 through 180) shall retain those markings, labels, and placards on 
the package until the packaging is sufficiently cleaned of residue and 
purged of vapors to remove any potential hazards.
    (b) Any employer who receives a freight container, rail freight car, 
motor vehicle, or transport vehicle that is required to be marked or 
placarded in accordance with the U.S. Department of Transportation 
Hazardous Materials Regulations shall retain those markings and placards 
on the freight container, rail freight car, motor vehicle, or transport 
vehicle until the hazardous materials are sufficiently removed to 
prevent any potential hazards.
    (c) The employer shall maintain markings, placards, and labels in a 
manner that ensures that they are readily visible.
    (d) For non-bulk packages that will not be reshipped, the 
requirements of this section are met if a label or other acceptable 
marking is affixed in accordance with 29 CFR 1910.1200, Hazard 
Communication.
    (e) For the purposes of this section, the term ``hazardous 
material'' and any other terms not defined in this section have the same 
definition as specified in the U.S. Department of Transportation 
Hazardous Materials Regulations.



Sec.  1915.93  Motor vehicle safety equipment, operation and maintenance.

    (a) Application. (1) This section applies to any motor vehicle used 
to transport employees, materials, or property at worksites engaged in 
shipyard employment. This section does not apply to motor vehicle 
operation on public streets and highways.
    (2) The requirements of this section apply to employer-provided 
motor vehicles. The requirements of paragraphs (b)(2), (b)(4), and 
(c)(2) of this section also apply to employee-provided motor vehicles.
    (3) Only the requirements of paragraphs (b)(1) through (b)(3) apply 
to powered industrial trucks, as defined in Sec.  1910.178. The 
maintenance, inspection, operation, and training requirements in 29 CFR 
1910.178 continue to apply to powered industrial trucks used for 
shipyard employment.
    (b) Motor vehicle safety equipment. (1) The employer shall ensure 
that each motor vehicle acquired or initially used after August 1, 2011 
is equipped with a safety belt for each employee operating or riding in 
the motor vehicle. This requirement does not apply to any motor vehicle 
that was not equipped with safety belts at the time of manufacture.
    (2) The employer shall ensure that each employee uses a safety belt, 
securely and tightly fastened, at all times while operating or riding in 
a motor vehicle.
    (3) The employer shall ensure that vehicle safety equipment is not 
removed from any employer-provided vehicle. The employer shall replace 
safety equipment that is removed.
    (4) The employer shall ensure that each motor vehicle used to 
transport an employee has firmly secured seats for each employee being 
transported and that all employees being transported are using such 
seats.
    (c) Motor vehicle maintenance and operation. (1) The employer shall 
ensure that each motor vehicle is maintained in a serviceable and safe 
operating condition, and removed from service if it is not in such 
condition.
    (2) The employer shall ensure that, before a motor vehicle is 
operated, any tools and materials being transported are secured if their 
movements may create a hazard for employees.
    (3) The employer shall implement measures to ensure that motor 
vehicle operators are able to see, and avoid harming, pedestrians and 
bicyclists at shipyards. Measures that employers may implement to comply 
with this requirement include:
    (i) Establishing dedicated travel lanes for motor vehicles, 
bicyclists, and pedestrians;
    (ii) Installing crosswalks and traffic control devices such as stop 
signs, mirrors at blind spots, or physical barriers to separate travel 
lanes;
    (iii) Establishing appropriate speed limits for all motor vehicles;
    (iv) Establishing ``no drive'' times to allow for safe movement of 
pedestrians;

[[Page 87]]

    (v) Providing reflective vests or other gear so pedestrians and 
bicyclists are clearly visible to motor vehicle operators;
    (vi) Ensuring that bicycles have reflectors, lights, or other 
equipment to maximize visibility of the bicyclist; or
    (vii) Other measures that the employer can demonstrate are as 
effective in protecting pedestrians and bicyclists as those measures 
specified in paragraphs (c)(3)(i) through (c)(3)(vi) of this section.



Sec.  1915.94  Servicing multi-piece and single-piece rim wheels.

    The requirements applicable to shipyard employment under this 
section are identical to the requirements set forth at 29 CFR 1910.177 
of this chapter.



     Subpart G_Gear and Equipment for Rigging and Materials Handling



Sec.  1915.111  Inspection.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) All gear and equipment provided by the employer for rigging and 
materials handling shall be inspected before each shift and when 
necessary, at intervals during its use to ensure that it is safe. 
Defective gear shall be removed and repaired or replaced before further 
use.
    (b) The safe working load of gear as specified in Sec. Sec.  
1915.112 and 1915.113 shall not be exceeded.



Sec.  1915.112  Ropes, chains and slings.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Manila rope and manila-rope slings. Employers must ensure that 
manila rope and manila-rope slings:
    (1) Have permanently affixed and legible identification markings as 
prescribed by the manufacturer that indicate the recommended safe 
working load for the type(s) of hitch(es) used, the angle upon which it 
is based, and the number of legs if more than one;
    (2) Not be loaded in excess of its recommended safe working load as 
prescribed on the identification markings by the manufacturer; and
    (3) Not be used without affixed and legible identification markings 
as required by paragraph (a)(1) of this section.
    (b) Wire rope and wire-rope slings. (1) Employers must ensure that 
wire rope and wire-rope slings:
    (i) Have permanently affixed and legible identification markings as 
prescribed by the manufacturer that indicate the recommended safe 
working load for the type(s) of hitch(es) used, the angle upon which it 
is based, and the number of legs if more than one;
    (ii) Not be loaded in excess of its recommended safe working load as 
prescribed on the identification markings by the manufacturer; and
    (iii) Not be used without affixed and legible identification 
markings as required by paragraph (b)(1)(i) of this section.
    (2) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted.
    (3) When U-bolt wire rope clips are used to form eyes, employers 
must use Table G-1 in Sec.  1915.118 to determine the number and spacing 
of clips. Employers must apply the U-bolt so that the ``U'' section is 
in contact with the dead end of the rope.
    (4) Wire rope shall not be secured by knots.
    (c) Chain and chain slings. (1) Employers must ensure that chain and 
chain slings:
    (i) Have permanently affixed and legible identification markings as 
prescribed by the manufacturer that indicate the recommended safe 
working load for the type(s) of hitch(es) used, the angle upon which it 
is based, and the number of legs if more than one;
    (ii) Not be loaded in excess of its recommended safe working load as 
prescribed on the identification markings by the manufacturer; and
    (iii) Not be used without affixed and legible identification 
markings as required by paragraph (c)(1)(i) of this section.
    (2) All sling chains, including end fastenings, shall be given a 
visual inspection before being used on the job. A thorough inspection of 
all chains in use shall be made every 3 months. Each chain shall bear an 
indication of the

[[Page 88]]

month in which it was thoroughly inspected. The thorough inspection 
shall include inspection for wear, defective welds, deformation and 
increase in length or stretch.
    (3) Employers must note interlink wear, not accompanied by stretch 
in excess of 5 percent, and remove the chain from service when maximum 
allowable wear at any point of link, as indicated in Table G-2 in Sec.  
1915.118, has been reached.
    (4) Chain slings shall be removed from service when, due to stretch, 
the increase in length of a measured section exceeds five (5) percent; 
when a link is bent, twisted or otherwise damaged; or when raised scarfs 
or defective welds appear.
    (5) All repairs to chains shall be made under qualified supervision. 
Links or portions of the chain found to be defective as described in 
paragraph (c)(4) of this section shall be replaced by links having 
proper dimensions and made of material similar to that of the chain. 
Before repaired chains are returned to service, they shall be proof 
tested to the proof test load recommended by the manufacturer.
    (6) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding six months when recommended by the 
manufacturer. The chain manufacturer shall be consulted for recommended 
procedures for annealing or normalizing. Alloy chains shall never be 
annealed.
    (7) A load shall not be lifted with a chain having a kink or knot in 
it. A chain shall not be shortened by bolting, wiring or knotting.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002; 76 
FR 33609, June 8, 2011]



Sec.  1915.113  Shackles and hooks.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Shackles. Employers must ensure that shackles:
    (1) Have permanently affixed and legible identification markings as 
prescribed by the manufacturer that indicate the recommended safe 
working load;
    (2) Not be loaded in excess of its recommended safe working load as 
prescribed on the identification markings by the manufacturer; and
    (3) Not be used without affixed and legible identification markings 
as required by paragraph (a)(1)(i) of this section.
    (b) Hooks. (1) The manufacturer's recommendations shall be followed 
in determining the safe working loads of the various sizes and types of 
specific and identifiable hooks. All hooks for which no applicable 
manufacturer's recommendations are available shall be tested to twice 
the intended safe working load before they are initially put into use. 
The employer shall maintain and keep readily available a certification 
record which includes the date of such tests, the signature of the 
person who performed the test and an identifier for the hook which was 
tested.
    (2) Loads shall be applied to the throat of the hook since loading 
the point overstresses and bends or springs the hook.
    (3) Hooks shall be inspected periodically to see that they have not 
been bent by overloading. Bent or sprung hooks shall not be used.

[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986; 
76 FR 33609, June 8, 2011]



Sec.  1915.114  Chain falls and pull-lifts.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Chain falls and pull-lifts shall be clearly marked to show the 
capacity and the capacity shall not be exceeded.
    (b) Chain falls shall be regularly inspected to ensure that they are 
safe, particular attention being given to the lift chain, pinion, 
sheaves and hooks for distortion and wear. Pull-lifts shall be regularly 
inspected to ensure that they are safe, particular attention being given 
to the ratchet, pawl, chain and hooks for distortion and wear.
    (c) Straps, shackles, and the beam or overhead structure to which a 
chain fall or pull-lift is secured shall be of adequate strength to 
support the weight of load plus gear. The upper hook shall be moused or 
otherwise secured against coming free of its support.

[[Page 89]]

    (d) Scaffolding shall not be used as a point of attachment for 
lifting devices such as tackles, chain falls, and pull-lifts unless the 
scaffolding is specifically designed for that purpose.



Sec.  1915.115  Hoisting and hauling equipment.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Derrick and crane certification. (1) Derricks and cranes which 
are part of, or regularly placed aboard barges, other vessels, or on 
wingwalls of floating drydocks, and are used to transfer materials or 
equipment from or to a vessel or drydock, shall be tested and 
certificated in accordance with the standards provided in part 1919 of 
this title by persons accredited for the purpose.
    (b) The moving parts of hoisting and hauling equipment shall be 
guarded.
    (c) Mobile crawler or truck cranes used on a vessel. (1) The maximum 
manufacturer's rated safe working loads for the various working radii of 
the boom and the maximum and minimum radii at which the boom may be 
safely used with and without outriggers shall be conspicuously posted 
near the controls and shall be visible to the operator. A radius 
indicator shall be provided.
    (2) The posted safe working loads of mobile crawler or truck cranes 
under the conditions of use shall not be exceeded.
    (d) Accessible areas within the swing radius of the outermost part 
of the body of a revolving derrick or crane, whether permanently or 
temporarily mounted, shall be guarded in such a manner as to prevent an 
employee from being in such a position as to be struck by the crane or 
caught between the crane and fixed parts of the vessel or of the crane 
itself.
    (e) Marine railways. (1) The cradle or carriage on the marine 
railway shall be positively blocked or secured when in the hauled 
position to prevent it from being accidentally released.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]



Sec.  1915.116  Use of gear.

    (a) The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking except that paragraphs (c) and (d) of this 
section shall apply to ship repairing and shipbuilding only.
    (b) Loads shall be safely rigged before being hoisted.
    (c) Plates shall be handled on and off hulls by means of shackles 
whenever possible. Clips or pads of ample size shall be welded to the 
plate to receive the shackle pins when there are no holes in the plate. 
When it is not possible to make holes in or to weld pads to the plate, 
alligator tongs, grab clamps or screw clamps may be used. In such cases 
special precautions shall be taken to keep employees from under such 
lifts.
    (d) Tag lines shall be provided on loads likely to swing or to need 
guidance.
    (e) When slings are secured to eye-bolts, the slings shall be so 
arranged, using spreaders if necessary, that the pull is within 20 
degrees of the axis of the bolt.
    (f) Slings shall be padded by means of wood blocks or other suitable 
material where they pass over sharpe edges or corners of loads so as to 
prevent cutting or kinking.
    (g) Skips shall be rigged to be handled by not less than 3 legged 
bridles, and all legs shall always be used. When open end skips are 
used, means shall be taken to prevent the contents from falling.
    (h) Loose ends of idle legs of slings in use shall be hung on the 
hook.
    (i) Employees shall not be permitted to ride the hook or the load.
    (j) Loads (tools, equipment or other materials) shall not be swung 
or suspended over the heads of employees.
    (k) Pieces of equipment or structure susceptible to falling or 
dislodgement shall be secured or removed as early as possible.
    (l) An individual who is familiar with the signal code in use shall 
be assigned to act as a signalman when the hoist operator cannot see the 
load being handled. Communications shall be made by means of clear and 
distinct visual or auditory signals except that verbal signals shall not 
be permitted.
    (m) Pallets, when used, shall be of such material and contruction 
and so

[[Page 90]]

maintained as to safely support and carry the loads being handled on 
them.
    (n) A section of hatch through which materials or equipment are 
being raised, lowered, moved, or otherwise shifted manually or by a 
crane, winch, hoist, or derrick, shall be completely opened. The beam or 
pontoon left in place adjacent to an opening shall be sufficiently 
lashed, locked or otherwise secured to prevent it from moving so that it 
cannot be displaced by accident.
    (o) Hatches shall not be open or closed while employees are in the 
square of the hatch below.
    (p) Before loads or empty lifting gear are raised, lowered, or 
swung, clear and sufficient advance warning shall be given to employees 
in the vincinity of such operations.
    (q) At no time shall an employee be permitted to place himself in a 
hazardous position between a swinging load and a fixed object.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]



Sec.  1915.117  Qualifications of operators.

    Paragraphs (a) and (d) of this section shall apply to ship repairing 
and shipbuilding only. Paragraphs (b) and (c) of this section shall 
apply to ship repairing, shipbuilding and shipbreaking.
    (a) When ship's gear is used to hoist materials aboard, a competent 
person shall determine that the gear is properly rigged, that it is in 
safe condition, and that it will not be overloaded by the size and 
weight of the lift.
    (b) Only those employees who understand the signs, notices, and 
operating instructions, and are familiar with the signal code in use, 
shall be permitted to operate a crane, winch, or other power operated 
hoisting apparatus.
    (c) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments which may suddenly incapacitate him, shall be permitted to 
operate a crane, winch or other power operated hoisting apparatus.
    (d) No minor under eighteen (18) years of age shall be employed in 
occupations involving the operation of any power-driven hoisting 
apparatus or assisting in such operations by work such as hooking on, 
loading slings, rigging gear, etc.



Sec.  1915.118  Tables.

    The provisions of this section apply to ship repairing, shipbuilding 
and shipbreaking.

                                       Table E-1--Dimensions and Spacing of Wood Independent-Pole Scaffold Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Light duty (Up to 25 pounds per square foot)--      Heavy duty (25 to 75 pounds per square foot)--
                                                                    Height in feet                                      Height in feet
               Structural members                -------------------------------------------------------------------------------------------------------
                                                      <=24      24<=40  40<=60      <=24      24<=40  40<=60
--------------------------------------------------------------------------------------------------------------------------------------------------------
Poles or uprights (in inches)...................         2 x 4   3 x 4 or 2 x 6              4 x 4           3 x 4            4 x 4              4 x 6
Bearers (in inches).............................         2 x 6            2 x 6              2 x 6           2 x 8            2 x 8             2 x 10
Ledgers (in inches).............................         2 x 6            2 x 6              2 x 6           2 x 8            2 x 8              2 x 8
Stringers (not supporting bearers) (in inches)..         1 x 6            1 x 6              1 x 6           1 x 6            1 x 6              1 x 6
Braces (in inches)..............................         1 x 4            1 x 6              1 x 6           1 x 6            1 x 6              1 x 6
Pole spacing--longitudinally (in feet)..........        7\1/2\           7\1/2\             7\1/2\               7                7                  7
Pole spacing--transversely (in feet)............    6\1/2\ min       7\1/2\ min         8\1/2\ min          6\1/2\               10                 10
Ledger spacing--vertically (in feet)............             7                7                  7          4\1/2\           4\1/2\             4\1/2\
--------------------------------------------------------------------------------------------------------------------------------------------------------


           Table E-2--Specifications for Side Rails of Ladders
------------------------------------------------------------------------
                                               Cross section (in inches)
              Length (in feet)               ---------------------------
                                                 At ends      At center
------------------------------------------------------------------------
15..........................................  1\7/8\ x 2\3/ 1\7/8\ x 3\3/
                                                        4\            4\
16..........................................  1\7/8\ x 2\3/ 1\7/8\ x 3\3/
                                                        4\            4\
18..........................................    1\7/8\ x 3    1\7/8\ x 4
20..........................................    1\7/8\ x 3    1\7/8\ x 4
24..........................................    1\7/8\ x 3  1\7/8\ x 4\1/
                                                                      2\
------------------------------------------------------------------------


[[Page 91]]


        Table E-3--Specifications for the Construction of Horses
------------------------------------------------------------------------
                                             Height in feet
      Structural members      ------------------------------------------
                                  <=10     10<=16    16<=20
------------------------------------------------------------------------
                                   inches          inches         inches
Legs.........................       2 x 4           3 x 4          4 x 6
Bearers or headers...........       2 x 6           2 x 8          4 x 6
Crossbraces..................       2 x 4           2 x 4          2 x 6
                                       or
                                    1 x 8
Longitudinal braces..........       2 x 4           2 x 6          2 x 6
------------------------------------------------------------------------


                                      Table E-4--Safe Center Loads for Scaffold Plank of 1,100 Pounds Fibre Stress
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Lumber dimensions in inches
                  Span in feet                  --------------------------------------------------------------------------------------------------------
                                                    A          B         A          B         A          B         A          B         A          B
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  2 x 10    1\5/8\ x   2 x 12    1\5/8\ x    3 x 8    2\5/8\ x   3 x 10    2\5/8\ x   3 x 12    2\5/8\ x
                                                              9\1/2\              11\1/2\               7\1/2\               9\1/2\              11\1/2\
                                                --------------------------------------------------------------------------------------------------------
6..............................................      256  ..........      309  ..........      526  ..........      667  ..........      807
8..............................................      192  ..........      232  ..........      395  ..........      500  ..........      605
10.............................................      153  ..........      186  ..........      316  ..........      400  ..........      484
12.............................................      128  ..........      155  ..........      263  ..........      333  ..........      404
14.............................................      110  ..........      133  ..........      225  ..........      286  ..........      346
16.............................................  .......  ..........      116  ..........      197  ..........      250  ..........      303
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Rough lumber.
(B)--Dressed lumber.


         Table G-1--Number and Spacing of U-Bolt Wire Rope Clips
------------------------------------------------------------------------
                                            Number of clips
  Improved plow steel, rope diameter,   ----------------------  Minimum
                 inches                     Drop      Other     spacing,
                                           forged    material    inches
------------------------------------------------------------------------
(\1\)..................................  .........  .........  .........
\1/2\..................................          3          4          3
\5/8\..................................          3          4     3\3/4\
\3/4\..................................          4          5     4\1/2\
\7/8\..................................          4          5     5\1/4\
1......................................          4          6          6
1\1/8\.................................          5          6     6\3/4\
1\1/4\.................................          5          7     7\1/2\
1\3/8\.................................          6          7     8\1/4\
1\1/2\.................................          6          8         9
------------------------------------------------------------------------
\1\ Three clips shall be used on wire size less than \1/2\-inch
  diameter.


         Table G-2--Maximum Allowable Wear at Any Point of Link
------------------------------------------------------------------------
                                                       Maximum allowable
                 Chain size in inches                   wear in fraction
                                                           of inches
------------------------------------------------------------------------
\1/4\(\9/32\)........................................             \3/64\
\3/8\................................................             \5/64\
\1/2\................................................             \7/64\
\5/8\................................................             \9/64\
\3/4\................................................             \5/32\
\7/8\................................................            \11/64\
1....................................................             \3/16\
1\1/8\...............................................             \7/32\
1\1/4\...............................................              \1/4\
1\3/8\...............................................             \9/32\
1\1/2\...............................................             \5/16\
1\3/4\...............................................            \11/32\
------------------------------------------------------------------------


[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67 
FR 44543, July 3, 2002; 76 FR 33610, June 8, 2011]



Sec.  1915.120  Powered industrial truck operator training.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.178(l) of this 
chapter.

[63 FR 66274, Dec. 1, 1998]



                  Subpart H_Tools and Related Equipment



Sec.  1915.131  General precautions.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Hand lines, slings, tackles of adequate strength, or carriers 
such as tool bags with shoulder straps shall be provided and used to 
handle tools, materials, and equipment so that employees will have their 
hands free when using ship's ladders and access ladders. The use of hose 
or electric cords for this purpose is prohibited.
    (b) When air tools of the reciprocating type are not in use, the 
dies and tools shall be removed.
    (c) All portable, power-driven circular saws shall be equipped with 
guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum arc 
required to permit the base to be tilted for bevel cuts. The lower guard 
shall cover the

[[Page 92]]

saw to the depth of the teeth, except for the minimum arc required to 
allow proper retraction and contact with the work. When the tool is 
withdrawn from the work, the lower guard shall automatically and 
instantly return to the covering position.
    (d) The moving parts of machinery on a dry dock shall be guarded.
    (e) Before use, pneumatic tools shall be secured to the extension 
hose or whip by some positive means to prevent the tool from becoming 
accidentally disconnected from the whip.
    (f) The moving parts of drive mechanisms, such as gearing and 
belting on large portable tools, shall be adequately guarded.
    (g) Headers, manifolds and widely spaced hose connections on 
compressed air lines shall bear the word ``air'' in letters at least 1-
inch high, which shall be painted either on the manifolds or separate 
hose connections, or on signs permanently attached to the manifolds or 
connections. Grouped air connections may be marked in one location.
    (h) Before use, compressed air hose shall be examined. Visibly 
damaged and unsafe hose shall not be used.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]



Sec.  1915.132  Portable electric tools.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking except that paragraph (e) of this section 
applies to ship repairing only.
    (a) The frames of portable electric tools and appliances, except 
double insulated tools approved by Underwriters' Laboratories, shall be 
grounded either through a third wire in the cable containing the circuit 
conductors or through a separate wire which is grounded at the source of 
the current.
    (b) Grounding circuits, other than by means of the structure of the 
vessel on which the tool is being used, shall be checked to ensure that 
the circuit between the ground and the grounded power conductor has 
resistance which is low enough to permit sufficient current to flow to 
cause the fuse or circuit breaker to interrupt the current.
    (c) Portable electric tools which are held in the hand shall be 
equipped with switches of a type which must be manually held in the 
closed position.
    (d) Worn or frayed electric cables shall not be used.
    (e) The employer shall notify the officer in charge of the vessel 
before using electric power tools operated with the vessel's current.



Sec.  1915.133  Hand tools.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Employers shall not issue or permit the use of unsafe hand 
tools.
    (b) Wrenches, including crescent, pipe, end and socket wrenches, 
shall not be used when jaws are sprung to the point that slippage 
occurs.
    (c) Impact tools, such as drift pins, wedges, and chisels, shall be 
kept free of mushroomed heads.
    (d) The wooden handles of tools shall be kept free of splinters or 
cracks and shall be kept tight in the tool.



Sec.  1915.134  Abrasive wheels.

    This section shall apply to ship repairing, shipbuilding and 
shipbreaking.
    (a) Floor stand and bench mounted abrasive wheels used for external 
grinding shall be provided with safety guards (protection hoods). The 
maximum angular exposure of the grinding wheel periphery and sides shall 
be not more than 90 degrees, except that when work requires contact with 
the wheel below the horizontal plane of the spindle, the angular 
exposure shall not exceed 125 degrees. In either case the exposure shall 
begin not more than 65 degrees above the horizontal plane of the 
spindle. Safety guards shall be strong enough to withstand the effect of 
a bursting wheel.
    (b) Floor and bench mounted grinders shall be provided with work 
rests which are rigidly supported and readily adjustable. Such work 
rests shall be kept a distance not to exceed \1/8\ inch from the surface 
of the wheel.
    (c) Cup type wheels used for external grinding shall be protected by 
either a revolving cup guard or a band type guard in accordance with the 
provisions of the United States of America Standard Safety Code for the 
Use, Care, and Protection of Abrasive Wheels, B7.1-1964. All other 
portable

[[Page 93]]

abrasive wheels used for external grinding shall be provided with safety 
guards (protection hoods) meeting the requirements of paragraph (e) of 
this section, except as follows:
    (1) When the work location makes it impossible, in which case a 
wheel equipped with safety flanges as described in paragraph (f) of this 
section shall be used.
    (2) When wheels 2 inches or less in diameter which are securely 
mounted on the end of a steel mandrel are used.
    (d) Portable abrasive wheels used for internal grinding shall be 
provided with safety flanges (protection flanges) meeting the 
requirements of paragraph (f) of this section, except as follows:
    (1) When wheels 2 inches or less in diameter which are securely 
mounted on the end of a steel mandrel are used.
    (2) If the wheel is entirely within the work being ground while in 
use.
    (e) When safety guards are required, they shall be so mounted as to 
maintain proper alignment with the wheel, and the guard and its 
fastenings shall be of sufficient strength to retain fragments of the 
wheel in case of accidental breakage. The maximum angular exposure of 
the grinding wheel periphery and sides shall not exceed 180 degrees.
    (f) When safety flanges are required, they shall be used only with 
wheels designed to fit the flanges. Only safety flanges of a type and 
design and properly assembled so as to insure that the pieces of the 
wheel will be retained in case of accidental breakage shall be used.
    (g) All abrasive wheels shall be closely inspected and ring tested 
before mounting to ensure that they are free from cracks or defects.
    (h) Grinding wheels shall fit freely on the spindle and shall not be 
forced on. The spindle nut shall be tightened only enough to hold the 
wheel in place.
    (i) The power supply shall be sufficient to maintain the rated 
spindle speed under all conditions of normal grinding. The rated maximum 
speed of the wheel shall not be exceeded.
    (j) All employees using abrasive wheels shall be protected by eye 
protection equipment in accordance with the requirements of subpart I of 
this part except when adequate eye protection is afforded by eye shields 
which are permanently attached to the bench or floor stand.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67 
FR 44543, July 3, 2002]



Sec.  1915.135  Powder actuated fastening tools.

    (a) The section shall apply to ship repairing and shipbuilding only.
    (b) General precautions. (1) Powder actuated fastening tools shall 
be tested each day before loading to ensure that the safety devices are 
in proper working condition. Any tool found not to be in proper working 
order shall be immediately removed from service until repairs are made.
    (2) Powder actuated fastening tools shall not be used in an 
explosive or flammable atmosphere.
    (3) All tools shall be used with the type of shield or muzzle guard 
appropriate for a particular use.
    (4) Fasteners shall not be driven into very hard or brittle 
materials such as cast iron, glazed tile, surface hardened steel, glass 
block, live rock, face brick or hollow title.
    (5) Fasteners shall not be driven into soft materials unless such 
materials are backed by a substance that will prevent the pin or 
fastener from passing completely through and creating a flying missile 
hazard on the opposite side.
    (6) Unless a special guard, fixture or jig is used, fasteners shall 
not be driven directly into materials such as brick or concrete within 3 
inches of the unsupported edge or corner, or into steel surfaces within 
\1/2\ inch of the unsupported edge or corner. When fastening other 
material, such as 2 x 4 inch lumber to a concrete surface, fasteners of 
greater than \7/32\ inch shank diameter shall not be used and fasteners 
shall not be driven within 2 inches of the unsupported edge or corner of 
the work surface.
    (7) Fasteners shall not be driven through existing holes unless a 
positive guide is used to secure accurate alignment.
    (8) No attempt shall be made to drive a fastener into a spalled area 
caused by an unsatisfactory fastening.
    (9) Employees using powder actuated fastening tools shall be 
protected by

[[Page 94]]

personal protective equipment in accordance with the requirements of 
subpart I of this part.
    (c) Instruction of operators. Before employees are permitted to use 
powder actuated tools, they shall have been thoroughly instructed by a 
competent person with respect to the requirements of paragraph (b) of 
this section and the safe use of such tools as follows:
    (1) Before using a tool, the operator shall inspect it to determine 
that it is clean, that all moving parts operate freely and that the 
barrel is free from obstructions.
    (2) When a tool develops a defect during use, the operator shall 
immediately cease to use it and shall notify his supervisor.
    (3) Tools shall not be loaded until just prior to the intended 
firing time and the tool shall not be left unattended while loaded.
    (4) The tool, whether loaded or empty, shall not be pointed at any 
person, and hands shall be kept clear of the open barrel end.
    (5) In case of a misfire, the operator shall hold the tool in the 
operating position for at least 15 seconds and shall continue to hold 
the muzzle against the work surface during disassembly or opening of the 
tool and removal of the powder load.
    (6) Neither tools nor powder charges shall be left unattended in 
places where they would be available to unauthorized persons.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec.  1915.136  Internal combustion engines, other than ship's equipment.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) When internal combustion engines furnished by the employer are 
used in a fixed position below decks, for such purposes as driving 
pumps, generators, and blowers, the exhaust shall be led to the open 
air, clear of any ventilation intakes and openings through which it 
might enter the vessel.
    (b) All exhaust line joints and connections shall be checked for 
tightness immediately upon starting the engine, and any leaks shall be 
corrected at once.
    (c) When internal combustion engines on vehicles, such as forklifts 
and mobile cranes, or on portable equipment such as fans, generators, 
and pumps exhaust into the atmosphere below decks, the competent person 
shall make tests of the carbon monoxide content of the atmosphere as 
frequently as conditions require to ensure that dangerous concentrations 
do not develop. Employees shall be removed from the compartment involved 
when the carbon monoxide concentration exceeds 50 parts per million 
(0.005%). The employer shall use blowers sufficient in size and number 
and so arranged as to maintain the concentration below this allowable 
limit before work is resumed.



              Subpart I_Personal Protective Equipment (PPE)

    Source: 61 FR 26352, May 24, 1996, unless otherwise noted.



Sec.  1915.151  Scope, application and definitions.

    (a) Scope and application. This subpart applies to all work in 
shipyard employment regardless of geographic location.
    (b) Definitions applicable to this subpart. Anchorage means a secure 
point of attachment for lifelines, lanyards, or deceleration devices.
    Body belt means a strap with means for both securing it about the 
waist and attaching it to a lanyard, lifeline, or deceleration device.
    Body harness means straps which may be secured about the employee in 
a manner that will distribute the fall arrest forces over at least the 
thighs, shoulders, chest and pelvis with means for attaching it to other 
components of a personal fall arrest system.
    Connector means a device which is used to couple (connect) parts of 
a personal fall arrest system or parts of a positioning device system 
together. It may be an independent component of the system, such as a 
carabiner, or it may be an integral component of part of the system 
(such as a buckle or D-ring sewn into a body belt or body harness or a 
snaphook spliced or sewn to a lanyard or self-retracting lanyard).

[[Page 95]]

    Deceleration device means any mechanism, such as a rope grab, 
ripstitch lanyard, specially woven lanyard, tearing or deforming 
lanyard, or automatic self-retracting lifeline/lanyard, which serves to 
dissipate a substantial amount of energy during a fall arrest, or 
otherwise limit the energy imposed on an employee during fall arrest.
    Deceleration distance means the additional vertical distance a 
falling employee travels, excluding lifeline elongation and free fall 
distance, before stopping, from the point at which the deceleration 
device begins to operate. It is measured as the distance between the 
location of an employee's body belt or body harness attachment point at 
the moment of activation (at the onset of fall arrest forces) of the 
deceleration device during a fall, and the location of that attachment 
point after the employee comes to a full stop.
    Equivalent means alternative designs, materials, or methods to 
protect against a hazard which the employer can demonstrate will provide 
an equal or greater degree of safety for employees than the method or 
item specified in the standard.
    Free fall means the act of falling before a personal fall arrest 
system begins to apply force to arrest the fall.
    Free fall distance means the vertical displacement of the fall 
arrest attachment point on the employee's body belt or body harness 
between onset of the fall and just before the system begins to apply 
force to arrest the fall. This distance excludes deceleration distance, 
and lifeline/lanyard elongation, but includes any deceleration device 
slide distance or self-retracting lifeline/lanyard extension before the 
device operates and fall arrest forces occur.
    Lanyard means a flexible line of rope, wire rope, or strap which 
generally has a connector at each end for connecting the body belt or 
body harness to a deceleration device, lifeline, or anchorage.
    Lifeline means a component consisting of a flexible line for 
connection to an anchorage at one end to hang vertically (vertical 
lifeline), or for connection to anchorages at both ends to stretch 
horizontally (horizontal lifeline), and which serves as a means for 
connecting other components of a personal fall arrest system to the 
anchorage.
    Lower levels means those areas or surfaces to which an employee can 
fall. Such areas or surfaces include but are not limited to ground 
levels, floors, ramps, tanks, materials, water, excavations, pits, 
vessels, structures, or portions thereof.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. It consists of an anchorage, 
connectors, body belt or body harness and may include a lanyard, a 
deceleration device, a lifeline, or a suitable combination of these. As 
of January 1, 1998, the use of a body belt for fall arrest is 
prohibited.
    Positioning device system means a body belt or body harness system 
rigged to allow an employee to be supported at an elevated vertical 
surface, such as a wall or window, and to be able to work with both 
hands free while leaning.
    Qualified person means a person who by possession of a recognized 
degree or certificate of professional standing, or who, by extensive 
knowledge, training, and experience, has successfully demonstrated the 
ability to solve or resolve problems related to the subject matter and 
work.
    Restraint (tether) line means a line from an anchorage, or between 
anchorages, to which the employee is secured in such a way as to prevent 
the employee from walking or falling off an elevated work surface. Note: 
A restraint line is not necessarily designed to withstand forces 
resulting from a fall.
    Rope grab means a deceleration device which travels on a lifeline 
and automatically, by friction, engages the lifeline and locks so as to 
arrest the fall of an employee. A rope grab usually employs the 
principle of inertial locking, cam/level locking or both.



Sec.  1915.152  General requirements.

    (a) Provision and use of equipment. The employer shall provide and 
shall ensure that each affected employee uses the appropriate personal 
protective equipment (PPE) for the eyes, face, head, extremities, torso, 
and respiratory system, including protective clothing, protective 
shields, protective barriers,

[[Page 96]]

personal fall protection equipment, and life saving equipment, meeting 
the applicable provisions of this subpart, wherever employees are 
exposed to work activity hazards that require the use of PPE.
    (b) Hazard assessment and equipment. The employer shall assess its 
work activity to determine whether there are hazards present, or likely 
to be present, which necessitate the employee's use of PPE. If such 
hazards are present, or likely to be present, the employer shall:
    (1) Select the type of PPE that will protect the affected employee 
from the hazards identified in the occupational hazard assessment;
    (2) Communicate selection decisions to affected employees;
    (3) Select PPE that properly fits each affected employee; and
    (4) Verify that the required occupational hazard assessment has been 
performed through a document that contains the following information: 
occupation, the date(s) of the hazard assessment, and the name of the 
person performing the hazard assessment.

    Note 1 to paragraph (b): A hazard assessment conducted according to 
the trade or occupation of affected employees will be considered to 
comply with paragraph (b) of this section, if the assessment addresses 
any PPE-related hazards to which employees are exposed in the course of 
their work activities.
    Note 2 to paragraph (b): Non-mandatory appendix A to this subpart 
contains examples of procedures that will comply with the requirement 
for an occupational hazard assessment.

    (c) Defective and damaged equipment. Defective or damaged PPE shall 
not be used.
    (d) Reissued equipment. The employer shall ensure that all 
unsanitary PPE, including that which has been used by employees, be 
cleaned and disinfected before it is reissued.
    (e) Training. (1) The employer shall provide training to each 
employee who is required, by this section, to use PPE (exception: 
training in the use of personal fall arrest systems and positioning 
device systems training is covered in Sec. Sec.  1915.159 and 1915.160). 
Each employee shall be trained to understand at least the following:
    (i) When PPE is necessary;
    (ii) What PPE is necessary;
    (iii) How to properly don, doff, adjust, and wear PPE;
    (iv) The limitations of the PPE; and,
    (v) The proper care, maintenance, useful life and disposal of the 
PPE.
    (2) The employer shall ensure that each affected employee 
demonstrates the ability to use PPE properly before being allowed to 
perform work requiring the use of PPE.
    (3) The employer shall retrain any employee who does not understand 
or display the skills required by paragraph (e)(2) of this section. 
Circumstances where retraining is required include, but are not limited 
to, situations where:
    (i) Changes in occupation or work render previous training obsolete; 
or
    (ii) Changes in the types of PPE to be used render previous training 
obsolete; or
    (iii) Inadequacies in an affected employee's knowledge or use of 
assigned PPE indicate that the employee has not retained the requisite 
understanding or skill.
    (f) Payment for protective equipment. (1) Except as provided by 
paragraphs (f)(2) through (f)(6) of this section, the protective 
equipment, including personal protective equipment (PPE), used to comply 
with this part, shall be provided by the employer at no cost to 
employees.
    (2) The employer is not required to pay for non-specialty safety-toe 
protective footwear (including steel-toe shoes or steel-toe boots) and 
non-specialty prescription safety eyewear, provided that the employer 
permits such items to be worn off the job-site.
    (3) When the employer provides metatarsal guards and allows the 
employee, at his or her request, to use shoes or boots with built-in 
metatarsal protection, the employer is not required to reimburse the 
employee for the shoes or boots.
    (4) The employer is not required to pay for:
    (i) Everyday clothing, such as long-sleeve shirts, long pants, 
street shoes, and normal work boots; or
    (ii) Ordinary clothing, skin creams, or other items, used solely for 
protection from weather, such as winter coats, jackets, gloves, parkas, 
rubber

[[Page 97]]

boots, hats, raincoats, ordinary sunglasses, and sunscreen.
    (5) The employer must pay for replacement PPE, except when the 
employee has lost or intentionally damaged the PPE.
    (6) Where an employee provides appropriate protective equipment he 
or she owns, the employer may allow the employee to use it and is not 
required to reimburse the employee for that equipment. The employer 
shall not require an employee to provide or pay for his or her own PPE, 
unless the PPE is excepted by paragraphs (f)(2) through (f)(5) of this 
section.
    (7) This paragraph (f) shall become effective on February 13, 2008. 
Employers must implement the PPE payment requirements no later than May 
15, 2008.

    Note to Sec.  1915.152(f): When the provisions of another OSHA 
standard specify whether or not the employer must pay for specific 
equipment, the payment provisions of that standard shall prevail.

[61 FR 26352, May 24, 1996; 61 FR 29957, June 13, 1996, as amended at 67 
FR 44543, July 3, 2002; 72 FR 64428, Nov. 15, 2007; 76 FR 33610, June 8, 
2011]



Sec.  1915.153  Eye and face protection.

    (a) General requirements. (1) The employer shall ensure that each 
affected employee uses appropriate eye or face protection where there 
are exposures to eye or face hazards caused by flying particles, molten 
metal, liquid chemicals, acid or caustic liquids, chemical gases or 
vapors, or potentially injurious light radiation.
    (2) The employer shall ensure that each affected employee uses eye 
or face protection that provides side protection when there is a hazard 
from flying objects. Detachable side protectors (e.g., a clip-on or 
slide-on side shield) meeting the pertinent requirements of this section 
are acceptable.
    (3) The employer shall ensure that each affected employee who wears 
prescription lenses while engaged in operations that involve eye hazards 
wears eye protection that incorporates the prescription in its design, 
unless the employee is protected by eye protection that can be worn over 
prescription lenses without disturbing the proper position of either the 
PPE or the prescription lenses.
    (4) The employer shall ensure that each affected employee uses 
equipment with filter lenses that have a shade number that provides 
appropriate protection from injurious light radiation. Table I-1 is a 
listing of appropriate shade numbers for various operations. If filter 
lenses are used in goggles worn under a helmet which has a lens, the 
shade number of the lens in the helmet may be reduced so that the shade 
numbers of the two lenses will equal the value as shown in Table I-1, 
Sec.  1915.153.

                         Table I-1--Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
                                                                                                      Minimum *
                Operations                    Electrode size 1/32 in            Arc current           protective
                                                                                                        shade
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding...............  Less than 3................  Less than 60...............            7
                                           3-5........................  60-160.....................            8
                                           5-8........................  160-250....................           10
                                           More than 8................  250-550....................           11
Gas metal arc welding and flux cored arc   ...........................  Less than 60...............            7
 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

[[Page 98]]

 
Carbon arc welding.......................  ...........................  ...........................           14
----------------------------------------------------------------------------------------------------------------
** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden
  by the workpiece.


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

    (b) Criteria for protective eye and face devices. (1) Protective eye 
and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1915.5; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1915.5;
    (2) Eye and face protection devices that the employer demonstrates 
are at least as effective as protective as eye and face protection 
devices that are constructed in accordance with one of the above 
consensus standards will be deemed to be in compliance with the 
requirements of this section.

[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009; 
81 FR 16091, Mar. 25, 2016; 85 FR 8732, Feb. 18, 2020]



Sec.  1915.154  Respiratory protection.

    Respiratory protection for shipyard employment is covered by 29 CFR 
1910.134.



Sec.  1915.155  Head protection.

    (a) Use. (1) The employer shall ensure that each affected employee 
wears a protective helmet when working in areas where there is a 
potential for injury to the head from falling objects.
    (2) The employer shall ensure that each affected employee wears a 
protective helmet designed to reduce electrical shock hazards where 
there is potential for electric shock or burns due to contact with 
exposed electrical conductors which could contact the head.
    (b) Criteria for protective helmets. (1) Head protection must comply 
with any of the following consensus standards:
    (i) American National Standards Institute (ANSI) Z89.1-2009, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1915.5;
    (ii) American National Standards Institute (ANSI) Z89.1-2003, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1915.5; or
    (iii) American National Standards Institute (ANSI) Z89.1-1997, 
``American National Standard for Personnel Protection--Protective 
Headwear for Industrial Workers--Requirements,'' incorporated by 
reference in Sec.  1915.5.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head protection devices

[[Page 99]]

that are constructed in accordance with one of the above consensus 
standards will be deemed to be in compliance with the requirements of 
this section.

[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009; 
77 FR 37599, June 22, 2012]



Sec.  1915.156  Foot protection.

    (a) Use. The employer shall ensure that each affected employee wears 
protective footwear when working in areas where there is a danger of 
foot injuries due to falling or rolling objects or objects piercing the 
sole.
    (b) Criteria for protective footwear. (1) Protective footwear must 
comply with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,'' 
and ASTM F-2413-2005, ``Standard Specification for Performance 
Requirements for Protective Footwear,'' which are incorporated by 
reference in Sec.  1915.5;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1915.5; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1915.5.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009]



Sec.  1915.157  Hand and body protection.

    (a) Use. The employer shall ensure that each affected employee uses 
appropriate hand protection and other protective clothing where there is 
exposure to hazards such as skin absorption of harmful substances, 
severe cuts or lacerations, severe abrasions, punctures, chemical burns, 
thermal burns, harmful temperature extremes, and sharp objects.
    (b) Hot work operations. The employer shall ensure that no employee 
wears clothing impregnated or covered in full or in part with flammable 
or combustible materials (such as grease or oil) while engaged in hot 
work operations or working near an ignition source.
    (c) Electrical protective devices. The employer shall ensure that 
each affected employee wears protective electrical insulating gloves and 
sleeves or other electrical protective equipment, if that employee is 
exposed to electrical shock hazards while working on electrical 
equipment.



Sec.  1915.158  Lifesaving equipment.

    (a) Personal flotation devices. (1) PFDs (life preservers, life 
jackets, or work vests) worn by each affected employee must be United 
States Coast Guard (USCG) approved pursuant to 46 CFR part 160 (Type I, 
II, III, or V PFD) and marked for use as a work vest, for commercial 
use, or for use on vessels. USCG approval is pursuant to 46 CFR part 
160, Coast Guard Lifesaving Equipment Specifications.
    (2) Prior to each use, personal floatation devices shall be 
inspected for dry rot, chemical damage, or other defects which may 
affect their strength and buoyancy. Defective personal floatation 
devices shall not be used.
    (b) Ring life buoys and ladders. (1) When work is being performed on 
a floating vessel 200 feet (61 m) or more in length, at least three 30-
inch (0.76 m) U.S. Coast Guard approved ring life buoys with lines 
attached shall be located in readily visible and accessible places. Ring 
life buoys shall be located one forward, one aft, and one at the access 
to the gangway.
    (2) On floating vessels under 200 feet (61 m) in length, at least 
one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with line 
attached shall be located at the gangway.
    (3) At least one 30-inch (0.76 m) U. S. Coast Guard approved ring 
life buoy with a line attached shall be located on each staging 
alongside of a floating vessel on which work is being performed.
    (4) At least 90 feet (27.43m) of line shall be attached to each ring 
life buoy.
    (5) There shall be at least one portable or permanent ladder in the 
vicinity of each floating vessel on which work is being performed. The 
ladder

[[Page 100]]

shall be of sufficient length to assist employees to reach safety in the 
event they fall into the water.

[61 FR 26352, May 24, 1996, as amended at 67 FR 44543, July 3, 2002]



Sec.  1915.159  Personal fall arrest systems (PFAS).

    The criteria of this section apply to PFAS and their use. Effective 
January 1, 1998, body belts and non-locking snaphooks are not acceptable 
as part of a personal fall arrest system.
    (a) Criteria for connectors and anchorages. (1) Connectors shall be 
made of drop forged, pressed, or formed steel or shall be made of 
materials with equivalent strength.
    (2) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to the interfacing 
parts of the system.
    (3) D-rings and snaphooks shall be capable of sustaining a minimum 
tensile load of 5,000 pounds (22.24 Kn).
    (4) D-rings and snaphooks shall be proof-tested to a minimum tensile 
load of 3,600 pounds (16 Kn) without cracking, breaking, or being 
permanently deformed.
    (5) Snaphooks shall be sized to be compatible with the member to 
which they are connected to prevent unintentional disengagement of the 
snaphook caused by depression of the snaphook keeper by the connected 
member, or shall be of a locking type that is designed and used to 
prevent disengagement of the snap-hook by contact of the snaphook keeper 
by the connected member.
    (6) Snaphooks, unless of a locking type designed and used to prevent 
disengagement from the following connections, shall not be engaged:
    (i) Directly to webbing, rope or wire rope;
    (ii) To each other;
    (iii) To a D-ring to which another snaphook or other connector is 
attached;
    (iv) To a horizontal lifeline; or
    (v) To any object that is incompatibly shaped or dimensioned in 
relation to the snaphook such that unintentional disengagement could 
occur by the connected object being able to depress the snaphook keeper 
and release itself.
    (7) On suspended scaffolds or similar work platforms with horizontal 
lifelines that may become vertical lifelines, the devices used for 
connection to the horizontal lifeline shall be capable of locking in any 
direction on the lifeline.
    (8) Anchorages used for attachment of personal fall arrest equipment 
shall be independent of any anchorage being used to support or suspend 
platforms.
    (9) Anchorages shall be capable of supporting at least 5,000 pounds 
(22.24 Kn) per employee attached, or shall be designed, installed, and 
used as follows:
    (i) As part of a complete personal fall arrest system which 
maintains a safety factor of at least two; and
    (ii) Under the direction and supervision of a qualified person.
    (b) Criteria for lifelines, lanyards, and personal fall arrest 
systems. (1) When vertical lifelines are used, each employee shall be 
provided with a separate lifeline.
    (2) Vertical lifelines and lanyards shall have a minimum tensile 
strength of 5,000 pounds (22.24 Kn).
    (3) Self-retracting lifelines and lanyards that automatically limit 
free fall distances to 2 feet (0.61 m) or less shall be capable of 
sustaining a minimum tensile load of 3,000 pounds (13.34 Kn) applied to 
a self-retracting lifeline or lanyard with the lifeline or lanyard in 
the fully extended position.
    (4) Self-retracting lifelines and lanyards which do not limit free 
fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and tearing 
and deforming lanyards shall be capable of sustaining a minimum static 
tensile load of 5,000 pounds (22.24 Kn) applied to the device when they 
are in the fully extended position.
    (5) Horizontal lifelines shall be designed, installed, and used 
under the supervision of a qualified person, and shall only be used as 
part of a complete personal fall arrest system that maintains a safety 
factor of at least two.
    (6) Effective November 20, 1996, personal fall arrest systems shall:
    (i) Limit the maximum arresting force on a falling employee to 900 
pounds (4 Kn) when used with a body belt;

[[Page 101]]

    (ii) Limit the maximum arresting force on a falling employee to 
1,800 pounds (8 Kn) when used with a body harness;
    (iii) Bring a falling employee to a complete stop and limit the 
maximum deceleration distance an employee travels to 3.5 feet (1.07 m), 
and
    (iv) Have sufficient strength to withstand twice the potential 
impact energy of an employee free falling a distance of 6 feet (1.83 m), 
or the free fall distance permitted by the system, whichever is less;

    Note to paragraph (b)(6) of this section: A personal fall arrest 
system which meets the criteria and protocols contained in appendix B, 
is considered to comply with paragraph (b)(6). If the combined tool and 
body weight is 310 pounds (140.62 kg) or more, systems that meet the 
criteria and protocols contained in appendix B will be deemed to comply 
with the provisions of paragraph (b)(6) only if they are modified 
appropriately to provide protection for the extra weight of the employee 
and tools.

    (7) Personal fall arrest systems shall be rigged such that an 
employee can neither free fall more than 6 feet (1.83 m) nor contact any 
lower level.
    (c) Criteria for selection, use and care of systems and system 
components. (1) Lanyards shall be attached to employees using personal 
fall arrest systems, as follows:
    (i) The attachment point of a body harness shall be located in the 
center of the wearer's back near the shoulder level, or above the 
wearer's head. If the free fall distance is limited to less than 20 
inches (50.8 cm), the attachment point may be located in the chest 
position; and
    (ii) The attachment point of a body belt shall be located in the 
center of the wearer's back.
    (2) Ropes and straps (webbing) used in lanyards, lifelines and 
strength components of body belts and body harnesses shall be made from 
synthetic fibers or wire rope.
    (3) Ropes, belts, harnesses, and lanyards shall be compatible with 
their hardware.
    (4) Lifelines and lanyards shall be protected against cuts, 
abrasions, burns from hot work operations and deterioration by acids, 
solvents, and other chemicals.
    (5) Personal fall arrest systems shall be inspected prior to each 
use for mildew, wear, damage, and other deterioration. Defective 
components shall be removed from service.
    (6) Personal fall arrest systems and components subjected to impact 
loading shall be immediately removed from service and shall not be used 
again for employee protection until inspected and determined by a 
qualified person to be undamaged and suitable for reuse.
    (7) The employer shall provide for prompt rescue of employees in the 
event of a fall or shall ensure that employees are able to rescue 
themselves.
    (8) Body belts shall be at least one and five-eighths inches (4.13 
cm) wide.
    (9) Personal fall arrest systems and components shall be used only 
for employee fall protection and not to hoist materials.
    (d) Training. Before using personal fall arrest equipment, each 
affected employee shall be trained to understand the application limits 
of the equipment and proper hook-up, anchoring, and tie-off techniques. 
Affected employees shall also be trained so that they can demonstrate 
the proper use, inspection, and storage of their equipment.

[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002]



Sec.  1915.160  Positioning device systems.

    Positioning device systems and their use shall conform to the 
following provisions:
    (a) Criteria for connectors and anchorages. (1) Connectors shall 
have a corrosion-resistant finish, and all surfaces and edges shall be 
smooth to prevent damage to interfacing parts of this system.
    (2) Connecting assemblies shall have a minimum tensile strength of 
5,000 pounds (22.24 Kn).
    (3) Positioning device systems shall be secured to an anchorage 
capable of supporting at least twice the potential impact load of an 
employee's fall.
    (4) Snaphooks, unless each is of a locking type designed and used to 
prevent disengagement, shall not be connected to each other. As of 
January 1, 1998, only locking type snaphooks shall be used in 
positioning device systems.

[[Page 102]]

    (b) Criteria for positioning device systems. (1) Restraint (tether) 
lines shall have a minimum breaking strength of 3,000 pounds (13.34 Kn).
    (2) The following system performance criteria for positioning device 
systems are effective November 20, 1996:
    (i) A window cleaner's positioning system shall be capable of 
withstanding without failure a drop test consisting of a 6 foot (1.83 m) 
drop of a 250-pound (113.4 kg) weight. The system shall limit the 
initial arresting force to not more than 2,000 pounds (8.9 Kn), with a 
duration not to exceed 2 milliseconds. The system shall limit any 
subsequent arresting forces imposed on the falling employee to not more 
than 1,000 pounds (4.45 Kn);
    (ii) All other positioning device systems shall be capable of 
withstanding without failure a drop test consisting of a 4 foot (1.22 m) 
drop of a 250-pound (113.4 kg) weight.

    Note to paragraph (b)(2) of this section: Positioning device systems 
which comply with the provisions of section 2 of non-mandatory appendix 
B to this subpart shall be deemed to meet the requirements of this 
paragraph (b)(2).

    (c) Criteria for the use and care of positioning device systems. (1) 
Positioning device systems shall be inspected before each use for 
mildew, wear, damage, and other deterioration. Defective components 
shall be removed from service.
    (2) A positioning device system or component subjected to impact 
loading shall be immediately removed from service and shall not be used 
again for employee protection, unless inspected and determined by a 
qualified person to be undamaged and suitable for reuse.
    (d) Training. Before using a positioning device system, employees 
shall be trained in the application limits, proper hook-up, anchoring 
and tie-off techniques, methods of use, inspection, and storage of 
positioning device systems.

[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002]



Sec. Appendix A to Subpart I of Part 1915--Non-Mandatory Guidelines for 
 Hazard Assessment, Personal Protective Equipment (PPE) Selection, and 
                          PPE Training Program

    This appendix is intended to provide compliance assistance for 
hazard assessment, selection of personal protective equipment (PPE) and 
PPE training. It neither adds to or detracts from the employer's 
responsibility to comply with the provisions of this subpart.
    1. Controlling hazards. Employers and employees should not rely 
exclusively on PPE for protection from hazards. PPE should be used, 
where appropriate, in conjunction with engineering controls, guards, and 
safe work practices and procedures.
    2. Assessment and selection. Employers need to consider certain 
general guidelines for assessing the hazardous situations that are 
likely to arise under foreseeable work activity conditions and to match 
employee PPE to the identified hazards. The employer should designate a 
safety officer or some other qualified person to exercise common sense 
and appropriate expertise to assess work activity hazards and select 
PPE.
    3. Assessment guidelines. In order to assess the need for PPE the 
following steps should be taken:
    a. Survey. Conduct a walk-through survey of the area in question to 
identify sources of hazards.
    Categories for Consideration:
    (1) Impact
    (2) Penetration
    (3) Compression (roll-over)
    (4) Chemical
    (5) Heat
    (6) Harmful dust
    (7) Light (optical) radiation
    (8) Drowning
    (9) Falling
    b. Sources. During the walk-through survey the safety officer should 
observe:
    (1) Sources of motion; for example, machinery or processes where any 
movement of tools, machine elements or particles could exist, or 
movement of personnel that could result in collision with stationary 
objects.
    (2) Sources of high temperatures that could result in burns, eye 
injury or ignition of protective equipment.
    (3) Types of chemical exposures.
    (4) Sources of harmful dust.
    (5) Sources of light radiation, for instance, welding, brazing, 
cutting, heat treating, furnaces, and high intensity lights.
    (6) Sources of falling objects or potential for dropping objects.
    (7) Sources of sharp objects which might pierce or cut the hands.

[[Page 103]]

    (8) Sources of rolling or pinching objects which could crush the 
feet.
    (9) Layout of work place and location of co-workers.
    (10) Any electrical hazards.
    (11) Review injury/accident data to help identify problem areas.
    Organize data. Following the walk-through survey, it is necessary to 
organize the data and other information obtained. That material provides 
the basis for hazard assessment that enables the employer to select the 
appropriate PPE.
    d. Analyze data. Having gathered and organized data regarding a 
particular occupation, employers need to estimate the potential for 
injuries. Each of the identified hazards (see paragraph 3.a.) should be 
reviewed and classified as to its type, the level of risk, and the 
seriousness of any potential injury. Where it is foreseeable that an 
employee could be exposed to several hazards simultaneously, the 
consequences of such exposure should be considered.
    4. Selection guidelines. After completion of the procedures in 
paragraph 3, the general procedure for selection of protective equipment 
is to:
    (a) become familiar with the potential hazards and the types of 
protective equipment that are available, and what they can do; for 
example, splash protection, and impact protection;
    (b) compare the hazards associated with the environment; for 
instance, impact velocities, masses, projectile shapes, radiation 
intensities, with the capabilities of the available protective 
equipment;
    (c) select the protective equipment which ensures a level of 
protection greater than the minimum required to protect employees from 
the hazards; and
    (d) fit the user with the protective device and give instructions on 
care and use of the PPE. It is very important that users be made aware 
of all warning labels and limitations of their PPE.
    5. Fitting the device. Careful consideration must be given to 
comfort and fit. The employee will be most likely to wear the protective 
device if it fits comfortably. PPE that does not fit properly may not 
provide the necessary protection, and may create other problems for 
wearers. Generally, protective devices are available in a variety of 
sizes and choices. Therefore employers should be careful to select the 
appropriate sized PPE.
    6. Devices with adjustable features. (a) Adjustments should be made 
on an individual basis so the wearer will have a comfortable fit that 
maintains the protective device in the proper position. Particular care 
should be taken in fitting devices for eye protection against dust and 
chemical splash to ensure that the seal is appropriate for the face.
    (b) In addition, proper fitting of hard hats is important to ensure 
that the hard hat will not fall off during work operations. In some 
cases a chin strap may be necessary to keep the hard hat on an 
employee's head. (Chin straps should break at a reasonably low force to 
prevent a strangulation hazard). Where manufacturer's instructions are 
available, they should be followed carefully.
    7. Reassessment of hazards. Compliance with the hazard assessment 
requirements of Sec.  1915.152(b) will involve the reassessment of work 
activities where changing circumstances make it necessary. a. The 
employer should have a safety officer or other qualified person reassess 
the hazards of the work activity area as necessary. This reassessment 
should take into account changes in the workplace or work practices, 
such as those associated with the installation of new equipment, and the 
lessons learned from reviewing accident records, and a reevaluation 
performed to determine the suitability of PPE selected for use.
    8. Selection chart guidelines for eye and face protection. Examples 
of occupations for which eye protection should be routinely considered 
are carpenters, engineers, coppersmiths, instrument technicians, 
insulators, electricians, machinists, mobile equipment mechanics and 
repairers, plumbers and ship fitters, sheet metal workers and tinsmiths, 
grinding equipment operators, machine operators, welders, boiler 
workers, painters, laborers, grit blasters, ship fitters and burners. 
This is not a complete list of occupations that require the use of eye 
protection. The following chart provides general guidance for the proper 
selection of eye and face protection to protect against hazards 
associated with the listed hazard ``source'' operations.

                 Eye and Face Protection Selection Chart
------------------------------------------------------------------------
                                  Assessment of
            Source                    hazard             Protection
------------------------------------------------------------------------
Impact:
    Chipping, grinding          Flying fragments,  Spectacles with side
     machining, masonry work,    objects, large     protection, goggles,
     woodworking, sawing,        chips,             face shields. See
     drilling, chiseling,        particles, sand,   notes (1), (3), (5),
     powered fastening,          dirt, etc.         (6), (10). For
     riveting, and sanding.                         severe exposure, use
                                                    face shield.
Heat:
    Furnace operations,         Hot sparks.......  Face shields,
     pouring, casting, hot                          goggles, spectacles
     dipping, and welding.                          with side
                                                    protection. For
                                                    severe exposure use
                                                    face shield. See
                                                    notes (1), (2), (3).

[[Page 104]]

 
                                Splash from        Face shields worn
                                 molten metals.     over goggles. See
                                                    notes (1), (2), (3).
                                High temperature   Screen face shields,
                                 exposure.          reflective face
                                                    shields. See notes
                                                    (1), (2), (3).
Chemicals:
    Acid and chemicals          Splash...........  Goggles, eyecup and
     handling, degreasing,                          cover types. For
     plating.                                       severe exposure, use
                                                    face shield. See
                                                    notes (3), (11).
                                Irritating mists.  Special-purpose
                                                    goggles.
Dust:
    Woodworking, buffing,       Nuisance dust....  Goggles, eyecup and
     general dusty conditions.                      cover types. See
                                                    note (8).
Light and/or Radiation:
    Welding: Electric arc.....  Optical radiation  Welding helmets or
                                                    welding shields.
                                                    Typical shades: 10-
                                                    14. See notes (9),
                                                    (12).
    Welding: Gas..............  Optical radiation  Welding goggles or
                                                    welding face shield.
                                                    Typical shades: gas
                                                    welding 4-8, cutting
                                                    3-6, brazing 3-4.
                                                    See note (9).
    Cutting, Torch brazing,     Optical radiation  Spectacles or welding
     Torch soldering.                               face-shield. Typical
                                                    shades, 1.5-3. See
                                                    notes (3), (9).
    Glare.....................  Poor vision......  Spectacles with
                                                    shaded or special-
                                                    purpose lenses, as
                                                    suitable. See notes
                                                    (9), (10).
------------------------------------------------------------------------

            Notes to Eye and Face Protection Selection Chart

    (a) Care should be taken to recognize the possibility of multiple 
and simultaneous exposure to a variety of hazards. Adequate protection 
against the highest level of each of the hazards should be provided. 
Protective devices do not provide unlimited protection.
    (b) Operations involving heat may also involve light radiation. As 
required by the standard, protection from both hazards must be provided.
    (c) Face shields should only be worn over primary eye protection 
(spectacles or goggles).
    (d) As required by the standard, filter lenses must meet the 
requirements for shade designations in Sec.  1915.153(a)(4). Tinted and 
shaded lenses are not filter lenses unless they are marked or identified 
as such.
    (e) As required by the standard, persons whose vision requires the 
use of prescription (Rx) lenses must wear either protective devices 
fitted with prescription (Rx) lenses or protective devices designed to 
be worn over regular prescription (Rx) eye wear.
    (f) Wearers of contact lenses must also wear appropriate eye and 
face protection devices in a hazardous environment. It should be 
recognized that dusty and/or chemical environments may represent an 
additional hazard to contact lens wearers.
    (g) Caution should be exercised in the use of metal frame protective 
devices in electrical hazard areas.
    (h) Atmospheric conditions and the restricted ventilation of the 
protector can cause lenses to fog. Frequent cleansing may be necessary.
    (i) Welding helmets or face shields should be used only over primary 
eye protection (spectacles or goggles).
    (j) Non-side shield spectacles are available for frontal protection 
only, but are not acceptable eye protection for the sources and 
operations listed for ``impact.''
    (k) Ventilation should be adequate, but well protected from splash 
entry. Eye and face protection should be designed and used so that it 
provides both adequate ventilation and protects the wearer from splash 
entry.
    (l) Protection from light radiation is directly related to filter 
lens density. See note (d). Select the darkest shade that allows task 
performance.
    9. Selection guidelines for head protection. (a) Hard hats are 
designed to provide protection from impact and penetration hazards 
caused by falling objects. Head protection is also available which 
provides protection from electric shock and burn. When selecting head 
protection, knowledge of potential electrical hazards is important. 
Class A helmets, in addition to impact and penetration resistance, 
provide electrical protection from low-voltage conductors. (They are 
proof tested to 2,200 volts.) Class B helmets, in addition to impact and 
penetration resistance, provide electrical protection from high-voltage 
conductors. (They are proof tested to 20,000 volts.) Class C helmets 
provide impact and penetration resistance. (They are usually made of 
aluminum, which conducts electricity and should not be used around 
electrical hazards.)
    (b) Where falling object hazards are present, head protection must 
be worn. Some examples of exposure include: working below other workers 
who are using tools and materials which could fall; working around or 
under conveyor belts which are carrying

[[Page 105]]

parts or materials; working below machinery or processes which might 
cause material or objects to fall; and working on exposed energized 
conductors.
    (c) Examples of occupations for which head protection should be 
considered are: carpenters, electricians, machinists, boilermakers, 
erectors, plumbers, coppersmiths, ship fitters, welders, laborers and 
material handlers.
    10. Selection guidelines for foot protection. (a) Safety shoes and 
boots must meet ANSI Z41-1991 and provide impact and compression 
protection to the foot. Where necessary, safety shoes can be obtained 
which provide puncture protection. In some work situations, metatarsal 
(top of foot) protection should be provided, and in some other special 
situations, electrical conductive or insulating safety shoes would be 
appropriate.
    (b) Safety shoes or boots with impact protection would be required 
for carrying or handling materials such as packages, objects, parts or 
heavy tools, which could be dropped, and for other activities where 
objects might fall onto the feet. Safety shoes or boots with compression 
protection would be required for work activities involving skid trucks 
(manual material handling carts) around bulk rolls (such as paper rolls) 
and around heavy pipes, all of which could potentially roll over an 
employees' feet. Safety shoes or boots with puncture protection would be 
required where sharp objects such as nails, wire, tacks, screws, large 
staples, scrap metal etc., could be stepped on by employees, causing an 
injury.
    (c) Some occupations (not a complete list) for which foot protection 
should be routinely considered are: shipping and receiving clerks, stock 
clerks, carpenters, electricians, machinists, boiler makers, plumbers, 
copper smiths, pipe fitters, ship fitters, burners, chippers and 
grinders, erectors, press operators, welders, laborers, and material 
handlers.
    11. Selection guidelines for hand protection. (a) Gloves are often 
relied upon to prevent cuts, abrasions, burns, and skin contact with 
chemicals that are capable of causing local or systemic effects 
following dermal exposure. OSHA is unaware of any gloves that provide 
protection against all potential hand hazards, and commonly available 
glove materials provide only limited protection against many chemicals. 
Therefore, it is important to select the most appropriate glove for a 
particular application and to determine how long it can be worn, and 
whether it can be reused.
    (b) It is also important to know the performance characteristics of 
gloves relative to the specific hazard anticipated, e.g., chemical 
hazards, cut hazards, and flame hazards. These performance 
characteristics should be assessed by using standard test procedures. 
Before purchasing gloves, the employer should request documentation from 
the manufacturer that the gloves meet the appropriate test standard(s) 
for the hazard(s) anticipated.
    (c) other general factors to be considered for glove selection are:
    (A) As long as the performance characteristics are acceptable, in 
certain circumstances, it may be more cost effective to regularly change 
cheaper gloves than to reuse more expensive types; and,
    (B) The work activities of the employee should be studied to 
determine the degree of dexterity required, the duration, frequency, and 
degree of exposure to the hazard, and the physical stresses that will be 
applied.
    (d) With respect to selection of gloves for protection against 
chemical hazards:
    (A) The toxic properties of the chemical(s) must be determined; in 
particular, the ability of the chemical to cause local effects on the 
skin or to pass through the skin and cause systemic effects or both;
    (B) Generally, any ``chemical resistant'' glove can be used for dry 
powders;
    (C) For mixtures and formulated products (unless specific test data 
are available), a glove should be selected on the basis of the chemical 
component with the shortest breakthrough time, since it is possible for 
solvents to carry active ingredients through polymeric materials; and,
    (D) Employees must be able to remove the gloves in such a manner as 
to prevent skin contamination.
    12. Cleaning and maintenance. (a) It is important that all PPE be 
kept clean and be properly maintained. Cleaning is particularly 
important for eye and face protection where dirty or fogged lenses could 
impair vision.
    (b) For the purposes of compliance, PPE should be inspected, 
cleaned, and maintained at regular intervals so that the PPE provides 
the requisite protection.
    (c) It is important to ensure that contaminated PPE which cannot be 
decontaminated is disposed of in a manner that protects employees from 
exposure to hazards.
    13. Examples of work activities, trades and selection of basic PPE.

    Example 1: Welder. Based on an assessment of the work activity area 
hazards to which welders are exposed, the equipment listed below is the 
basic PPE required for this occupation. This does not take into account 
a job location in which additional PPE may be required, such as where 
the welder works from an elevated platform without guard rails. In this 
situation the welder must also wear the proper fall protection 
equipment, such as a body harness.
--Hard hat
--Welding Shield (Face)
--Welding Gloves
--Safety Glasses

[[Page 106]]

--Safety Shoes
--Welding Sleeves (welding in the overhead position)
(Signed and dated)
    Example 2: Yard Maintenance Worker. Based on an assessment of the 
workplace hazards to which shipyard maintenance workers are exposed, the 
equipment listed below is the basic PPE required for this occupation. 
Where maintenance workers are exposed to other hazards, such as 
asbestos, the insulation on a pipe is being repaired, maintenance 
workers must be provided with the appropriate supplemental PPE 
(requirements for asbestos PPE are set out in 1915.1001).
--Hard Hat
--Safety Glasses
--Work Gloves
--Safety Shoes
(Signed and Dated)
    Example 3: Chipper and Grinder Worker. Based on an assessment of the 
workplace hazards to which shipyard chipper and grinder workers are 
exposed, the equipment listed below is the basic PPE required for this 
occupation. Where workers are exposed to other hazards, such as 
hazardous dust from chipping or grinding operations, chipper and grinder 
workers must be provided with the appropriate supplemental PPE.
--Safety Glasses
--Transparent Face Shields
--Hearing Protection
--Foot Protection
--Gloves
(Signed and Dated)
    Example 4: Painter. Based on an assessment of the workplace hazards 
to which shipyard painters are exposed, the equipment listed below is 
the basic PPE required for this occupation. Where painters are exposed 
to other hazards, such as a fall from an elevation where no guardrails 
are present, painters must be provided with the appropriate supplemental 
PPE.

--Hard Hats
--Safety Glasses
--Disposable Clothing
--Gloves
--Respiratory Protection, including Airline Respirators when working in 
Confined Spaces
--Barrier Creams
(Signed and Dated)
    Example 5: Tank Cleaner. Tank cleaning operations and the basic PPE 
required for them depend largely upon the type of cargo shipped in the 
tank. Therefore, the following example is given for a tank in which 
gasoline has been shipped. Based on an assessment of the workplace 
hazards to which shipyard tank cleaners are exposed, specifically 
benzene and flammability hazards, the equipment listed below is the 
basic PPE required for this situation. Other tank cleaning operations 
will require variations in the PPE listed below.
--Respiratory Protection, Airline Respirators for working in confined 
spaces or where personal exposure limits could be exceeded.
--Chemically resistant clothing
--Face Shields
--Chemically resistant boots
--Chemically resistant gloves
--Fall Protection
--Non sparking tools and equipment
--Explosion-proof Lighting
(Signed and Dated)

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]



 Sec. Appendix B to Subpart I of Part 1915--General Testing Conditions 
  and Additional Guidelines for Personal Fall Protection Systems (Non-
                               Mandatory)

    1. Personal fall arrest systems--(a) General test conditions. (1) 
Lifelines, lanyards, and deceleration devices should be attached to an 
anchorage and connected to the body-belt or body harness in the same 
manner as they would be when used to protect employees, except that 
lanyards should be tested only when connected directly to the anchorage, 
and not when connected to a lifeline.
    (2) The anchorage should be rigid, and should not have a deflection 
greater than .04 inches (1 cm) when a force of 2,250 pounds (10.01 Kn) 
is applied.
    (3) The frequency response of the load measuring instrumentation 
should be 100 Hz.
    (4) The test weight used in the strength and force tests should be a 
rigid, metal cylindrical or torso-shaped object with a girth of 38 
inches plus or minus 4 inches (96.5 cm plus or minus 10.16 cm).
    (5) The lanyard or lifeline used to create the free fall distance 
should be the one supplied with the system, or in its absence, the least 
elastic lanyard or lifeline available to be used by the employee with 
the system.
    (6) The test weight for each test should be hoisted to the required 
level and should be quickly released without having any appreciable 
motion imparted to it.
    (7) The system's performance should be evaluated, taking into 
account the range of environmental conditions for which it is designed 
to be used.
    (8) Following the test, the system need not be capable of further 
operation.
    (b) Strength test. (1) During the testing of all systems, a test 
weight of 300 pounds plus or minus 5 pounds (136.08 kg plus or minus 
2.27 kg) should be used. (See paragraph (a)(4) above.)
    (2) The test consists of dropping the test weight once. A new unused 
system should be used for each test.
    (3) For lanyard systems, the lanyard length should be 6 feet plus or 
minus 2 inches

[[Page 107]]

(1.83 m plus or minus 5.08 cm) as measured from the fixed anchorage to 
the attachment on the body belt or harness.
    (4) For rope-grab-type deceleration systems, the length of the 
lifeline above the center line of the grabbing mechanism to the 
lifeline's anchorage point should not exceed 2 feet (0.61 m).
    (5) For lanyard systems, for systems with deceleration devices which 
do not automatically limit free fall distance to 2 feet (0.61 m) or 
less, and for systems with deceleration devices which have a connection 
distance in excess of 1 foot (0.31 m) (measured between the centerline 
of the lifeline and the attachment point to the body belt or harness), 
the test weight should be rigged to free fall a distance of 7.5 feet 
(2.29 m) from a point that is 1.5 feet (45.72 cm) above the anchorage 
point, to its hanging location (6 feet (1.83 m) below the anchorage). 
The test weight should fall without interference, obstruction, or 
hitting the floor or the ground during the test. In some cases, a non-
elastic wire lanyard of sufficient length may need to be added to the 
system (for test purposes) to create the necessary free fall distance.
    (6) For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should be rigged to free fall a distance of 
four feet (1.22 m).
    (7) Any weight which detaches from the belt or harness should 
constitute failure for the strength test.
    (c) Force test general. The test consists of dropping the respective 
test weight once. A new, unused system should be used for each test.
    (1) For lanyard systems. (i) A test weight of 220 pounds plus or 
minus three pounds (99.79 kg plus or minus 1.36 kg) should be used (see 
paragraph (a)(4) above).
    (ii) Lanyard length should be 6 feet plus or minus 2 inches (1.83 m 
plus or minus 5.08 cm) as measured from the fixed anchorage to the 
attachment on the body belt or body harness.
    (iii) The test weight should fall free from the anchorage level to 
its handling location (a total of 6 feet (1.83 m) free fall distance) 
without interference, obstruction, or hitting the floor or ground during 
the test.
    (2) For all other systems. (i) A test weight of 220 pounds plus or 
minus 3 pounds (99.79 kg plus or minus 1.36 kg) should be used (see 
paragraph (a)(4) above).
    (ii) The free fall distance to be used in the test should be the 
maximum fall distance physically permitted by the system during normal 
use conditions, up to a maximum free fall distance for the test weight 
of 6 feet (1.83 m), except as follows:
    (A) For deceleration systems which have a connection link or 
lanyard, the test weight should free fall a distance equal to the 
connection distance (measured between the center line of the lifeline 
and the attachment point to the body belt or harness).
    (B) For deceleration device systems with integral life lines or 
lanyards which automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should free fall a distance equal to that 
permitted by the system in normal use. (For example, to test a system 
with a self-retracting lifeline or lanyard, the test weight should be 
supported and the system allowed to retract the lifeline or lanyard as 
it would in normal use. The test weight would then be released and the 
force and deceleration distance measured.)
    (3) Failure. A system fails the force test if the recorded maximum 
arresting force exceeds 1,260 pounds (5.6 Kn) when using a body belt, or 
exceeds 2,520 pounds (11.21 Kn) when using a body harness.
    (4) Distances. The maximum elongation and deceleration distance 
should be recorded during the force test.
    (d) Deceleration device tests--general. The device should be 
evaluated or tested under the environmental conditions (such as rain, 
ice, grease, dirt, type of lifeline, etc.) for which the device is 
designed.
    (1) Rope-grab-type deceleration devices. (i) Devices should be moved 
on a lifeline 1,000 times over the same length of line a distance of not 
less than 1 foot (30.48 cm), and the mechanism should lock each time.
    (ii) Unless the device is permanently marked to indicate the type of 
lifelines which must be used, several types (different diameters and 
different materials) of lifelines should be used to test the device.
    (2) Other-self-activating-type deceleration devices. The locking 
mechanisms of other self-activating-type deceleration devices designed 
for more than one arrest should lock each of 1,000 times as they would 
in normal service.
    2. Positioning device systems--(a) Test Conditions. (1) The fixed 
anchorage should be rigid and should not have a deflection greater than 
.04 inches (1.02 mm) when a force of 2,250 pounds (10.01 Kn) is applied.
    (2) For lineman's body belts and pole straps, the body belt should 
be secured to a 250 pound (113.4 kg) bag of sand at a point which 
simulates the waist of an employee. One end of the pole strap should be 
attached to the rigid anchorage and the other end to the body belt. The 
sand bag should be allowed to free fall a distance of 4 feet (1.22 m). 
Failure of the pole strap and body belt should be indicated by any 
breakage or slippage sufficient to permit the bag to fall free to the 
ground.
    (3) For window cleaner's belts, the complete belt should withstand a 
drop test consisting of a 250 pound (113.4 kg) weight falling free for a 
distance of 6 feet (1.83 m). The weight should be a rigid object with a 
girth

[[Page 108]]

of 38 inches plus or minus four inches (96.52 cm plus or minus 10.16 
cm.) The weight should be placed in the waistband with the belt buckle 
drawn firmly against the weight, as when the belt is worn by a window 
cleaner. One belt terminal should be attached to a rigid anchor and the 
other terminal should hang free. The terminals should be adjusted to 
their maximum span. The weight fastened in the freely suspended belt 
should then be lifted exactly 6 feet (1.83 m) above its ``at rest'' 
position and released so as to permit a free fall of 6 feet (1.83 m) 
vertically below the point of attachment of the terminal anchor. The 
belt system should be equipped with devices and instrumentation capable 
of measuring the duration and magnitude of the arrest forces. Any 
breakage or slippage which permits the weight to fall free of the system 
constitutes failure of the test. In addition, the initial and subsequent 
arresting force peaks should be measured and should not exceed 2,000 
pounds (8.9 Kn) for more than 2 milliseconds for the initial impact, nor 
exceed 1,000 pounds (4.45 Kn) for the remainder of the arrest time.
    (4) All other positioning device systems (except for restraint line 
systems) should withstand a drop test consisting of a 250-pound (113.4 
kg) weight falling free for a distance of 4 feet (1.22 m). The weight 
should be a rigid object with a girth of 38 inches plus or minus 4 
inches (96.52 cm plus or minus 10.16 cm). The body belt or harness 
should be affixed to the test weight as it would be to an employee. The 
system should be connected to the rigid anchor in the manner that the 
system would be connected in normal use. The weight should be lifted 
exactly 4 feet (1.22 m) above its ``at rest'' position and released so 
as to permit a vertical free fall of 4 feet (1.22 m). Any breakage or 
slippage which permits the weight to fall free to the ground should 
constitute failure of the system.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]



              Subpart J_Ship's Machinery and Piping Systems



Sec.  1915.161  Scope and application of subpart.

    The standards contained in this subpart shall apply to ship 
repairing and shipbuilding and shall not apply to shipbreaking.



Sec.  1915.162  Ship's boilers.

    (a) Before work is performed in the fire, steam, or water spaces of 
a boiler where employees may be subject to injury from the direct escape 
of a high temperature medium such as steam, or water, oil, or other 
medium at a high temperature entering from an interconnecting system, 
the employer shall insure that the following steps are taken:
    (1) The isolation and shutoff valves connecting the dead boiler with 
the live system or systems shall be secured, blanked, and then locked or 
tagged, in accordance with Sec.  1915.89, indicating that employees are 
working on the boiler. This lock or tag shall not be removed nor the 
valves unblanked until it is determined that this may be done without 
creating a hazard to the employees working on the boiler, or until the 
work on the boiler is completed, in accordance with Sec.  1915.89. When 
valves are welded instead of bolted, at least two isolation and shutoff 
valves connecting the dead boiler with the live system or systems shall 
be secured, and then locked or tagged, in accordance with Sec.  1915.89.
    (2) Drain connections to atmosphere on all of the dead 
interconnecting systems shall be opened for visual observation of 
drainage.
    (3) A warning sign calling attention to the fact that employees are 
working in the boilers shall be hung in a conspicuous location in the 
engine room. This sign shall not be removed until it is determined that 
the work is completed and all employees are out of the boilers.

[47 FR 16986, Apr. 20, 1982, as amended at 76 FR 24711, May 2, 2011]



Sec.  1915.163  Ship's piping systems.

    (a) Before work is performed on a valve, fitting, or section of 
piping in a piping system where employees may be subject to injury from 
the direct escape of steam, or water, oil, or other medium at a high 
temperature, the employer shall insure that the following steps are 
taken:
    (1) The isolation and shutoff valves connecting the dead system with 
the live system or systems shall be secured, blanked, and then locked or 
tagged, in accordance with Sec.  1915.89, indicating that employees are 
working on the systems. The lock or tag shall not be removed or the 
valves unblanked until it is determined that this may be done without 
creating a hazard to the employees working on

[[Page 109]]

the system, or until the work on the system is completed, in accordance 
with Sec.  1915.89. When valves are welded instead of bolted, at least 
two isolation and shutoff valves connecting the dead system with the 
live system or systems shall be secured, and then locked or tagged, in 
accordance with Sec.  1915.89.
    (2) Drain connections to the atmosphere on all of the dead 
interconnecting systems shall be opened for visual observation of 
drainage.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002; 76 
FR 24711, May 2, 2011]



Sec.  1915.164  Ship's propulsion machinery.

    (a) Before work is performed on the main engine, reduction gear, or 
connecting accessories, the employer shall ensure that the following 
steps are taken:
    (1) The jacking gear shall be engaged to prevent the main engine 
from turning over. A sign shall be posted at the throttle indicating 
that the jacking gear is engaged. This sign shall not be removed until 
the jacking gear can be safely disengaged.
    (2) If the jacking gear is steam driven, the employer shall ensure 
that the stop valves to the jacking gear are secured, and then locked or 
tagged, in accordance with Sec.  1915.89.
    (3) If the jacking gear is electrically driven, the circuit 
controlling the jacking gear shall be de-energized by tripping the 
circuit breaker, opening the switch, or removing the fuse, whichever is 
appropriate, and then locked or tagged in accordance with Sec.  1915.89.
    (b) Before the jacking engine is operated, the following precautions 
shall be taken:
    (1) A check shall be made to ensure that all employees, equipment, 
and tools are clear of the engine, reduction gear, and its connecting 
accessories.
    (2) A check shall be made to ensure that all employees, equipment 
and tools are free of the propeller.
    (c) Before work is started on or in the immediate vicinity of the 
propeller, a warning sign calling attention to the fact that employees 
are working in that area shall be hung in a conspicuous location in the 
engine room. This sign shall not be removed until it is determined that 
the work is completed and all employees are free of the propeller.
    (d) Before the main engine is turned over (e.g., when warming up 
before departure or testing after an overhaul) a check shall be made to 
ensure that all employees, equipment, and tools are free of the 
propeller.

[47 FR 16986, Apr. 20, 1982, as amended at 76 FR 24711, May 2, 2011]



Sec.  1915.165  Ship's deck machinery.

    (a) Before work is performed on the anchor windlass or any of its 
attached accessories, the employer shall ensure that the following steps 
are taken:
    (1) The devil claws (also known as chain stoppers) shall be made 
fast to the anchor chains.
    (2) The riding pawls shall be in the engaged position.
    (3) In the absence of devil claws and riding pawls, the anchor 
chains shall be secured to a suitable fixed structure of the vessel.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002]



  Subpart K_Portable, Unfired Pressure Vessels, Drums and Containers, 
                       Other Than Ship's Equipment



Sec.  1915.171  Scope and application of subpart.

    The standards contained in this subpart shall apply to ship 
repairing and shipbuilding and shall not apply to shipbreaking.



Sec.  1915.172  Portable air receivers and other unfired pressure vessels.

    (a) Portable, unfired pressure vessels, built after the effective 
date of this regulation, shall be marked and reported indicating that 
they have been designed and constructed to meet the standards of the 
American Society of Mechanical Engineers Boiler and Pressure Vessel 
Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 
1963. They shall be subjected to a hydrostatic pressure test of one and 
one-half times the working pressure of the vessels.

[[Page 110]]

    (b) Portable, unfired pressure vessels, not built to the code 
requirements of paragraph (a) of this section, and built prior to the 
effective date of this regulation, shall be examined quarterly by a 
competent person. They shall be subjected yearly to a hydrostatic 
pressure test of one and one-half times the working pressure of the 
vessels.
    (c) The relief valves on the portable, unfired pressure vessels in 
paragraphs (a) and (b) of this section shall be set to the safe working 
pressure of the vessels, or set to the lowest safe working pressure of 
the systems, whichever is lower.
    (d) A certification record of such examinations and tests made in 
compliance with the requirements of paragraphs (a) and (b) of this 
section shall be maintained. The certification record shall include the 
date of examinations and tests, the signature of the person who 
performed the examinations or tests and the serial number, or other 
identifier, of the equipment examined and tested.

[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986; 
67 FR 44545, July 3, 2002]



Sec.  1915.173  Drums and containers.

    (a) Shipping drums and containers shall not be pressurized to remove 
their contents.
    (b) A temporarily assembled pressurized piping system conveying 
hazardous liquids or gases shall be provided with a relief valve and by-
pass to prevent rupture of the system and the escape of such hazardous 
liquids or gases.
    (c) Pressure vessels, drums and containers containing toxic or 
flammable liquids or gases shall not be stored or used where they are 
subject to open flame, hot metal, or other sources of artificial heat.
    (d) Unless pressure vessels, drums and containers of 30 gallon 
capacity or over containing flammable or toxic liquids or gases are 
placed in an out-of-the-way area where they will not be subject to 
physical injury from an outside source, barriers or guards shall be 
erected to protect them from such physical injury.
    (e) Containers of 55 gallons or more capacity containing flammable 
or toxic liquid shall be surrounded by dikes or pans which enclose a 
volume equal to at least 35 percent of the total volume of the 
containers.
    (f) Fire extinguishers adequate in number and suitable for the 
hazard shall be provided. These extinguishers shall be located in the 
immediate area where pressure vessels, drums and containers containing 
flammable liquids or gases are stored or in use. Such extinguishers 
shall be ready for use at all times.



                     Subpart L_Electrical Machinery



Sec.  1915.181  Electrical circuits and distribution boards.

    (a) The provisions of this section shall apply to ship repairing and 
shipbuilding and shall not apply to shipbreaking.
    (b) Before an employee is permitted to work on an electrical 
circuit, except when the circuit must remain energized for testing and 
adjusting, the circuit shall be deenergized and checked at the point at 
which the work is to be done to insure that it is actually deenergized. 
When testing or adjusting an energized circuit a rubber mat, duck board, 
or other suitable insulation shall be used underfoot where an insulated 
deck does not exist.
    (c) De-energizing the circuit shall be accomplished by opening the 
circuit breaker, opening the switch, or removing the fuse, whichever 
method is appropriate. The circuit breaker, switch, or fuse location 
shall then be locked out or tagged in accordance with Sec.  1915.89.
    (d) When work is performed immediately adjacent to an open-front 
energized board or in back of an energized board, the board shall be 
covered or some other equally safe means shall be used to prevent 
contact with any of the energized parts.

[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002; 76 
FR 24711, May 2, 2011]

Subparts M-O [Reserved]

[[Page 111]]



            Subpart P_Fire Protection in Shipyard Employment

    Source: 69 FR 55702, Sept. 15, 2004, unless otherwise noted.



Sec.  1915.501  General provisions.

    (a) Purpose. The purpose of the standard in this subpart is to 
require employers to protect all employees from fire hazards in shipyard 
employment, including employees engaged in fire response activities.
    (b) Scope. This subpart covers employers with employees engaged in 
shipyard employment aboard vessels and vessel sections, and on land-side 
operations regardless of geographic location.
    (c) Employee participation. The employer must provide ways for 
employees or employee representatives, or both to participate in 
developing and periodically reviewing programs and policies adopted to 
comply with this subpart.
    (d) Multi-employer worksites--(1) Host employer responsibilities. 
The host employer's responsibilities are to:
    (i) Inform all employers at the worksite about the content of the 
fire safety plan including hazards, controls, fire safety and health 
rules, and emergency procedures;
    (ii) Make sure the safety and health responsibilities for fire 
protection are assigned as appropriate to other employers at the 
worksite; and
    (iii) If there is more than one host employer, each host employer 
must communicate relevant information about fire-related hazards to 
other host employers. When a vessel owner or operator (temporarily) 
becomes a host shipyard employer by directing the work of ships' crews 
on repair or modification of the vessel or by hiring other contractors 
directly, the vessel owner or operator must also comply with these 
provisions for host employers.
    (2) Contract employer responsibilities. The contract employer's 
responsibilities are to:
    (i) Make sure that the host employer knows about the fire-related 
hazards associated with the contract employer's work and what the 
contract employer is doing to address them; and
    (ii) Advise the host employer of any previously unidentified fire-
related hazards that the contract employer identifies at the worksite.



Sec.  1915.502  Fire safety plan.

    (a) Employer responsibilities. The employer must develop and 
implement a written fire safety plan that covers all the actions that 
employers and employees must take to ensure employee safety in the event 
of a fire. (See Appendix A to this subpart for a Model Fire Safety 
Plan.)
    (b) Plan elements. The employer must include the following 
information in the fire safety plan:
    (1) Identification of the significant fire hazards;
    (2) Procedures for recognizing and reporting unsafe conditions;
    (3) Alarm procedures;
    (4) Procedures for notifying employees of a fire emergency;
    (5) Procedures for notifying fire response organizations of a fire 
emergency;
    (6) Procedures for evacuation;
    (7) Procedures to account for all employees after an evacuation; and
    (8) Names, job titles, or departments for individuals who can be 
contacted for further information about the plan.
    (c) Reviewing the plan with employees. The employer must review the 
plan with each employee at the following times:
    (1) Within 90 days of December 14, 2004, for employees who are 
currently working;
    (2) Upon initial assignment for new employees; and
    (3) When the actions the employee must take under the plan change 
because of a change in duties or a change in the plan.
    (d) Additional employer requirements. The employer also must:
    (1) Keep the plan accessible to employees, employee representatives, 
and OSHA;
    (2) Review and update the plan whenever necessary, but at least 
annually;
    (3) Document that affected employees have been informed about the 
plan as required by paragraph (c) of this section; and
    (4) Ensure any outside fire response organization that the employer 
expects

[[Page 112]]

to respond to fires at the employer's worksite has been given a copy of 
the current plan.
    (e) Contract employers. Contract employers in shipyard employment 
must have a fire safety plan for their employees, and this plan must 
comply with the host employer's fire safety plan.



Sec.  1915.503  Precautions for hot work.

    (a) General requirements--(1) Designated Areas. The employer may 
designate areas for hot work in sites such as vessels, vessel sections, 
fabricating shops, and subassembly areas that are free of fire hazards.
    (2) Non-designated Areas. (i) Before authorizing hot work in a non-
designated area, the employer must visually inspect the area where hot 
work is to be performed, including adjacent spaces, to ensure the area 
is free of fire hazards, unless a Marine Chemist's certificate or 
Shipyard Competent Person's log is used for authorization.
    (ii) The employer shall authorize employees to perform hot work only 
in areas that are free of fire hazards, or that have been controlled by 
physical isolation, fire watches, or other positive means.

    Note to paragraph (a)(2): The requirements of paragraph (a)(2) apply 
to all hot work operations in shipyard employment except those covered 
by Sec.  1915.14.

    (b) Specific requirements--(1) Maintaining fire hazard-free 
conditions. The employer must keep all hot work areas free of new 
hazards that may cause or contribute to the spread of fire. Unexpected 
energizing and energy release are covered by 29 CFR 1915.181, Subpart L. 
Exposure to toxic and hazardous substances is covered in 29 CFR 
1915.1000 through 1915.1450, subpart Z.
    (2) Fuel gas and oxygen supply lines and torches. The employer must 
make sure that:
    (i) No unattended fuel gas and oxygen hose lines or torches are in 
confined spaces;
    (ii) No unattended charged fuel gas and oxygen hose lines or torches 
are in enclosed spaces for more than 15 minutes; and
    (iii) All fuel gas and oxygen hose lines are disconnected at the 
supply manifold at the end of each shift;
    (iv) All disconnected fuel gas and oxygen hose lines are rolled back 
to the supply manifold or to open air to disconnect the torch; or 
extended fuel gas and oxygen hose lines are not reconnected at the 
supply manifold unless the lines are given a positive means of 
identification when they were first connected and the lines are tested 
using a drop test or other positive means to ensure the integrity of 
fuel gas and oxygen burning system.



Sec.  1915.504  Fire watches.

    (a) Written fire watch policy. The employer must create and keep 
current a written policy that specifies the following requirements for 
employees performing fire watch in the workplace:
    (1) The training employees must be given (Sec.  1915.508(c) contains 
detailed fire watch training requirements);
    (2) The duties employees are to perform;
    (3) The equipment employees must be given; and
    (4) The personal protective equipment (PPE) that must be made 
available and worn as required by 29 CFR Part 1915, Subpart I.
    (b) Posting fire watches. The employer must post a fire watch if 
during hot work any of the following conditions are present:
    (1) Slag, weld splatter, or sparks might pass through an opening and 
cause a fire;
    (2) Fire-resistant guards or curtains are not used to prevent 
ignition of combustible materials on or near decks, bulkheads, 
partitions, or overheads;
    (3) Combustible material closer than 35 ft. (10.7m) to the hot work 
in either the horizontal or vertical direction cannot be removed, 
protected with flame-proof covers, or otherwise shielded with metal or 
fire-resistant guards or curtains;
    (4) The hot work is carried out on or near insulation, combustible 
coatings, or sandwich-type construction that cannot be shielded, cut 
back, or removed, or in a space within a sandwich type construction that 
cannot be inerted;
    (5) Combustible materials adjacent to the opposite sides of 
bulkheads, decks,

[[Page 113]]

overheads, metal partitions, or sandwich-type construction may be 
ignited by conduction or radiation;
    (6) The hot work is close enough to cause ignition through heat 
radiation or conduction on the following:
    (i) Insulated pipes, bulkheads, decks, partitions, or overheads; or
    (ii) Combustible materials and/or coatings;
    (7) The work is close enough to unprotected combustible pipe or 
cable runs to cause ignition; or
    (8) A Marine Chemist, a Coast Guard-authorized person, or a shipyard 
Competent Person, as defined in 29 CFR Part 1915, Subpart B, requires 
that a fire watch be posted.
    (c) Assigning employees to fire watch duty. (1) The employer must 
not assign other duties to a fire watch while the hot work is in 
progress.
    (2) Employers must ensure that employees assigned to fire watch 
duty:
    (i) Have a clear view of and immediate access to all areas included 
in the fire watch;
    (ii) Are able to communicate with workers exposed to hot work;
    (iii) Are authorized to stop work if necessary and restore safe 
conditions within the hot work area;
    (iv) Remain in the hot work area for at least 30 minutes after 
completion of the hot work, unless the employer or its representative 
surveys the exposed area and makes a determination that there is no 
further fire hazard;
    (v) Are trained to detect fires that occur in areas exposed to the 
hot work;
    (vi) Attempt to extinguish any incipient stage fires in the hot work 
area that are within the capability of available equipment and within 
the fire watch's training qualifications, as defined in Sec.  1915.508;
    (vii) Alert employees of any fire beyond the incipient stage; and
    (viii) If unable to extinguish fire in the areas exposed to the hot 
work, activate the alarm.
    (3) The employer must ensure that employees assigned to fire watch 
are physically capable of performing these duties.



Sec.  1915.505  Fire response.

    (a) Employer responsibilities. The employer must:
    (1) Decide what type of response will be provided and who will 
provide it; and
    (2) Create, maintain, and update a written policy that:
    (i) Describes the internal and outside fire response organizations 
that the employer will use; and
    (ii) Defines what evacuation procedures employees must follow, if 
the employer chooses to require a total or partial evacuation of the 
worksite at the time of a fire.
    (b) Required written policy information--(1) Internal fire response. 
If an internal fire response is to be used, the employer must include 
the following information in the employer's written policy:
    (i) The basic structure of the fire response organization;
    (ii) The number of trained fire response employees;
    (iii) The fire response functions that may need to be carried out;
    (iv) The minimum number of fire response employees necessary, the 
number and types of apparatuses, and a description of the fire 
suppression operations established by written standard operating 
procedures for each type of fire response at the employer's facility;
    (v) The type, amount, and frequency of training that must be given 
to fire response employees; and
    (vi) The procedures for using protective clothing and equipment.
    (2) Outside fire response. If an outside fire response organization 
is used, the employer must include the following information in the 
written policy:
    (i) The types of fire suppression incidents to which the fire 
response organization is expected to respond at the employer's facility 
or worksite;
    (ii) The liaisons between the employer and the outside fire response 
organizations; and
    (iii) A plan for fire response functions that:
    (A) Addresses procedures for obtaining assistance from the outside 
fire response organization;
    (B) Familiarizes the outside fire response organization with the 
layout of the employer's facility or worksite, including access routes 
to controlled

[[Page 114]]

areas, and site-specific operations, occupancies, vessels or vessel 
sections, and hazards; and,
    (C) Sets forth how hose and coupling connection threads are to be 
made compatible and includes where the adapter couplings are kept; or
    (D) States that the employer will not allow the use of incompatible 
hose connections.
    (3) A combination of internal and outside fire response. If a 
combination of internal and outside fire response is to be used, the 
employer must include the following information, in addition to the 
requirements in paragraphs (b)(1) and (2) of this section, in the 
written policy:
    (i) The basic organizational structure of the combined fire 
response;
    (ii) The number of combined trained fire responders;
    (iii) The fire response functions that may need to be carried out;
    (iv) The minimum number of fire response employees necessary, the 
number and types of apparatuses, and a description of the fire 
suppression operations established by written standard operating 
procedures for each particular type of fire response at the worksite; 
and
    (v) The type, amount, and frequency of joint training with outside 
fire response organizations if given to fire response employees.
    (4) Employee evacuation. The employer must include the following 
information in the employer's written policy:
    (i) Emergency escape procedures;
    (ii) Procedures to be followed by employees who may remain longer at 
the worksite to perform critical shipyard employment operations during 
the evacuation;
    (iii) Procedures to account for all employees after emergency 
evacuation is completed;
    (iv) The preferred means of reporting fires and other emergencies; 
and
    (v) Names or job titles of the employees or departments to be 
contacted for further information or explanation of duties.
    (5) Rescue and emergency response. The employer must include the 
following information in the employer's written policy:
    (i) A description of the emergency rescue procedures; and
    (ii) Names or job titles of the employees who are assigned to 
perform them.
    (c) Medical requirements for shipyard fire response employees. The 
employer must ensure that:
    (1) All fire response employees receive medical examinations to 
assure that they are physically and medically fit for the duties they 
are expected to perform;
    (2) Fire response employees, who are required to wear respirators in 
performing their duties, meet the medical requirements of Sec.  
1915.154;
    (3) Each fire response employee has an annual medical examination; 
and
    (4) The medical records of fire response employees are kept in 
accordance with Sec.  1915.1020.
    (d) Organization of internal fire response functions. The employer 
must:
    (1) Organize fire response functions to ensure enough resources to 
conduct emergency operations safely;
    (2) Establish lines of authority and assign responsibilities to 
ensure that the components of the internal fire response are 
accomplished;
    (3) Set up an incident management system to coordinate and direct 
fire response functions, including:
    (i) Specific fire emergency responsibilities;
    (ii) Accountability for all fire response employees participating in 
an emergency operation; and
    (iii) Resources offered by outside organizations; and
    (4) Provide the information required in this paragraph (d) to the 
outside fire response organization to be used.
    (e) Personal protective clothing and equipment for fire response 
employees--(1) General requirements. The employer must:
    (i) Supply to all fire response employees, at no cost, the 
appropriate personal protective clothing and equipment they may need to 
perform expected duties; and
    (ii) Ensure that fire response employees wear the appropriate 
personal protective clothing and use the equipment, when necessary, to 
protect them from hazardous exposures.

[[Page 115]]

    (2) Thermal stability and flame resistance. The employer must:
    (i) Ensure that each fire response employee exposed to the hazards 
of flame does not wear clothing that could increase the extent of injury 
that could be sustained; and
    (ii) Prohibit wearing clothing made from acetate, nylon, or 
polyester, either alone or in blends, unless it can be shown that:
    (A) The fabric will withstand the flammability hazard that may be 
encountered; or
    (B) The clothing will be worn in such a way to eliminate the 
flammability hazard that may be encountered.
    (3) Respiratory protection. The employer must:
    (i) Provide self-contained breathing apparatus (SCBA) to all fire 
response employees involved in an emergency operation in an atmosphere 
that is immediately dangerous to life or health (IDLH), potentially 
IDLH, or unknown;
    (ii) Provide SCBA to fire response employees performing emergency 
operations during hazardous chemical emergencies that will expose them 
to known hazardous chemicals in vapor form or to unknown chemicals;
    (iii) Provide fire response employees who perform or support 
emergency operations that will expose them to hazardous chemicals in 
liquid form either:
    (A) SCBA, or
    (B) Respiratory protective devices certified by the National 
Institute for Occupational Safety and Health (NIOSH) under 42 CFR Part 
84 as suitable for the specific chemical environment;
    (iv) Ensure that additional outside air supplies used in conjunction 
with SCBA result in positive pressure systems that are certified by 
NIOSH under 42 CFR Part 84;
    (v) Provide only SCBA that meet the requirements of NFPA 1981-2002 
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and 
Emergency Services (incorporated by reference, see Sec.  1915.5); and
    (vi) Ensure that the respiratory protection program and all 
respiratory protection equipment comply with Sec.  1915.154.
    (4) Interior structural firefighting operations. The employer must:
    (i) Supply at no cost to all fire response employees exposed to the 
hazards of shipyard fire response, a helmet, gloves, footwear, and 
protective hoods, and either a protective coat and trousers or a 
protective coverall; and
    (ii) Ensure that this equipment meets the applicable recommendations 
in NFPA 1971-2000 Standard on Protective Ensemble for Structural Fire 
Fighting (incorporated by reference, see Sec.  1915.5).
    (5) Proximity firefighting operations. The employer must provide, at 
no cost, to all fire response employees who are exposed to the hazards 
of proximity firefighting, appropriate protective proximity clothing 
meets the applicable recommendations in NFPA 1976-2000 Standard on 
Protective Ensemble for Proximity Fire Fighting (incorporated by 
reference, see Sec.  1915.5).
    (6) Personal Alert Safety System (PASS) devices. The employer must:
    (i) Provide each fire response employee involved in firefighting 
operations with a PASS device; and
    (ii) Ensure that each PASS device meets the recommendations in NFPA 
1982-1998 Standard on Personal Alert Safety Systems (PASS), 
(incorporated by reference, see Sec.  1915.5).
    (7) Life safety ropes, body harnesses, and hardware. The employer 
must ensure that:
    (i) All life safety ropes, body harnesses, and hardware used by fire 
response employees for emergency operations meet the applicable 
recommendations in NFPA 1983-2001, Standard on Fire Service Life Safety 
Rope and System Components (incorporated by reference, see Sec.  
1915.5);
    (ii) Fire response employees use only Class I body harnesses to 
attach to ladders and aerial devices; and
    (iii) Fire response employees use only Class II and Class III body 
harnesses for fall arrest and rappelling operations.
    (f) Equipment maintenance--(1) Personal protective equipment. The 
employer must inspect and maintain personal protective equipment used to 
protect fire response employees to ensure that it provides the intended 
protection.
    (2) Fire response equipment. The employer must:

[[Page 116]]

    (i) Keep fire response equipment in a state of readiness;
    (ii) Standardize all fire hose coupling and connection threads 
throughout the facility and on vessels and vessel sections by providing 
the same type of hose coupling and connection threads for hoses of the 
same or similar diameter; and
    (iii) Ensure that either all fire hoses and coupling connection 
threads are the same within a facility or vessel or vessel section as 
those used by the outside fire response organization, or supply suitable 
adapter couplings if such an organization is expected to use the fire 
response equipment within a facility or vessel or vessel section.

[69 FR 55702, Sept. 15, 2004, as amended at 71 FR 60847, Oct. 17, 2006]



Sec.  1915.506  Hazards of fixed extinguishing systems on board vessels 
and vessel sections.

    (a) Employer responsibilities. The employer must comply with the 
provisions of this section whenever employees are exposed to fixed 
extinguishing systems that could create a dangerous atmosphere when 
activated in vessels and vessel sections, regardless of geographic 
location.
    (b) Requirements for automatic and manual systems. Before any work 
is done in a space equipped with fixed extinguishing systems, the 
employer must either:
    (1) Physically isolate the systems or use other positive means to 
prevent the systems' discharge; or
    (2) Ensure employees are trained to recognize:
    (i) Systems' discharge and evacuation alarms and the appropriate 
escape routes; and
    (ii) Hazards associated with the extinguishing systems and agents 
including the dangers of disturbing system components and equipment such 
as piping, cables, linkages, detection devices, activation devices, and 
alarm devices.
    (c) Sea and dock trials. During trials, the employer must ensure 
that all systems shall remain operational.
    (d) Doors and hatches. The employer must:
    (1) Take protective measures to ensure that all doors, hatches, 
scuttles, and other exit openings remain working and accessible for 
escape in the event the systems are activated; and
    (2) Ensure that all inward opening doors, hatches, scuttles, and 
other potential barriers to safe exit are removed, locked open, braced, 
or otherwise secured so that they remain open and accessible for escape 
if systems' activation could result in a positive pressure in the 
protected spaces sufficient to impede escape.
    (e) Testing the system. (1) When testing a fixed extinguishing 
system involves a total discharge of extinguishing medium into a space, 
the employer must evacuate all employees from the space and assure that 
no employees remain in the space during the discharge. The employer must 
retest the atmosphere in accordance with Sec.  1915.12 to ensure that 
the oxygen levels are safe for employees to enter.
    (2) When testing a fixed extinguishing system does not involve a 
total discharge of the systems extinguishing medium, the employer must 
make sure that the system's extinguishing medium is physically isolated 
and that all employees not directly involved in the testing are 
evacuated from the protected space.
    (f) Conducting system maintenance. Before conducting maintenance on 
a fixed extinguishing system, the employer must ensure that the system 
is physically isolated.
    (g) Using fixed manual extinguishing systems for fire protection. If 
fixed manual extinguishing systems are used to provide fire protection 
for spaces in which the employees are working, the employer must ensure 
that:
    (1) Only authorized employees are allowed to activate the system;
    (2) Authorized employees are trained to operate and activate the 
systems; and
    (3) All employees are evacuated from the protected spaces, and 
accounted for, before the fixed manual extinguishing system is 
activated.



Sec.  1915.507  Land-side fire protection systems.

    (a) Employer responsibilities. The employer must ensure all fixed 
and portable fire protection systems needed to meet an OSHA standard for 
employee safety or employee protection from fire

[[Page 117]]

hazards in land-side facilities, including, but not limited to, 
buildings, structures, and equipment, meet the requirements of this 
section.
    (b) Portable fire extinguishers and hose systems. (1) The employer 
must select, install, inspect, maintain, and test all portable fire 
extinguishers according to NFPA 10-2002 Standard for Portable Fire 
Extinguishers (incorporated by reference, see Sec.  1915.5).
    (2) The employer is permitted to use Class II or Class III hose 
systems, in accordance with NFPA 10-2002 (incorporated by reference, see 
Sec.  1915.5), as portable fire extinguishers if the employer selects, 
installs, inspects, maintains, and tests those systems according to the 
specific recommendations in NFPA 14-2003 Standard for the Installation 
of Standpipe and Hose Systems (incorporated by reference, see Sec.  
1915.5).
    (c) General requirements for fixed extinguishing systems. The 
employer must:
    (1) Ensure that any fixed extinguishing system component or 
extinguishing agent is approved by an OSHA Nationally Recognized Testing 
Laboratory, meeting the requirements of 29 CFR 1910.7, for use on the 
specific hazards the employer expects it to control or extinguish;
    (2) Notify employees and take the necessary precautions to ensure 
employees are safe from fire if for any reason a fire extinguishing 
system stops working, until the system is working again;
    (3) Ensure all repairs to fire extinguishing systems and equipment 
are done by a qualified technician or mechanic;
    (4) Provide and ensure employees use proper personal protective 
equipment when entering discharge areas in which the atmosphere remains 
hazardous to employee safety or health, or provide safeguards to prevent 
employees from entering those areas. See Sec.  1915.12 for additional 
requirements applicable to safe entry into spaces containing dangerous 
atmospheres;
    (5) Post hazard warning or caution signs at both the entrance to and 
inside of areas protected by fixed extinguishing systems that use 
extinguishing agents in concentrations known to be hazardous to employee 
safety or health; and
    (6) Select, install, inspect, maintain, and test all automatic fire 
detection systems and emergency alarms according to NFPA 72-2002 
National Fire Alarm Code (incorporated by reference, see Sec.  1915.5)
    (d) Fixed extinguishing systems. The employer must select, install, 
maintain, inspect, and test all fixed systems required by OSHA as 
follows:
    (1) Standpipe and hose systems according to NFPA 14-2003 Standard 
for the Installation of Standpipe and Hose Systems (incorporated by 
reference, see Sec.  1915.5);
    (2) Automatic sprinkler systems according to NFPA 25-2002 Standard 
for the Inspection, Testing, and Maintenance of Water-based Fire 
Protection Systems, (incorporated by reference, see Sec.  1915.5), and 
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler 
Systems (incorporated by reference, see Sec.  1915.5), or (ii) NFPA 750-
2003 Standard on Water Mist Fire Protection Systems (incorporated by 
reference, see Sec.  1915.5);
    (3) Fixed extinguishing systems that use water or foam as the 
extinguishing agent according to NFPA 15-2001 Standard for Water Spray 
Fixed Systems for Fire Protection (incorporated by reference, see Sec.  
1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion 
Foam (incorporated by reference, see Sec.  1915.5);
    (4) Fixed extinguishing systems using dry chemical as the 
extinguishing agent according to NFPA 17-2002 Standard for Dry Chemical 
Extinguishing Systems (incorporated by reference, see Sec.  1915.5); and
    (5) Fixed extinguishing systems using gas as the extinguishing agent 
according to NFPA 12-2005 Standard on Carbon Dioxide Extinguishing 
Systems (incorporated by reference, see Sec.  1915.5); NFPA 12A-2004 
Standard on Halon 1301 Fire Extinguishing Systems (incorporated by 
reference, see Sec.  1915.5); and NFPA 2001-2004 Standard on Clean Agent 
Fire Extinguishing Systems (incorporated by reference, see Sec.  
1915.5).

[69 FR 55702, Sept. 15, 2004, as amended at 71 FR 60847, Oct. 17, 2006]

[[Page 118]]



Sec.  1915.508  Training.

    (a) The employer must train employees in the applicable requirements 
of this section:
    (1) Within 90 days of December 14, 2004, for employees currently 
working;
    (2) Upon initial assignment for new employees; and
    (3) When necessary to maintain proficiency for employees previously 
trained.
    (b) Employee training. The employer must ensure that all employees 
are trained on:
    (1) The emergency alarm signals, including system discharge alarms 
and employee evacuation alarms; and
    (2) The primary and secondary evacuation routes that employees must 
use in the event of a fire in the workplace. While all vessels and 
vessel sections must have a primary evacuation route, a secondary 
evacuation route is not required when impracticable.
    (c) Additional training requirements for employees expected to fight 
incipient stage fires. The employer must ensure that employees expected 
to fight incipient stage fires are trained on the following:
    (1) The general principles of using fire extinguishers or hose 
lines, the hazards involved with incipient firefighting, and the 
procedures used to reduce these hazards;
    (2) The hazards associated with fixed and portable fire protection 
systems that employees may use or to which they may be exposed during 
discharge of those systems; and
    (3) The activation and operation of fixed and portable fire 
protection systems that the employer expects employees to use in the 
workplace.
    (d) Additional training requirements for shipyard employees 
designated for fire response. The employer must:
    (1) Have a written training policy stating that fire response 
employees must be trained and capable of carrying out their duties and 
responsibilities at all times;
    (2) Keep written standard operating procedures that address 
anticipated emergency operations and update these procedures as 
necessary;
    (3) Review fire response employee training programs and hands-on 
sessions before they are used in fire response training to make sure 
that fire response employees are protected from hazards associated with 
fire response training;
    (4) Provide training for fire response employees that ensures they 
are capable of carrying out their duties and responsibilities under the 
employer's standard operating procedures;
    (5) Train new fire response employees before they engage in 
emergency operations;
    (6) At least quarterly, provide training on the written operating 
procedures to fire response employees who are expected to fight fires;
    (7) Use qualified instructors to conduct the training;
    (8) Conduct any training that involves live fire response exercises 
in accordance with NFPA 1403-2002 Standard on Live Fire Training 
Evolutions (incorporated by reference, see Sec.  1915.5);
    (9) Conduct semi-annual drills according to the employer's written 
procedures for fire response employees that cover site-specific 
operations, occupancies, buildings, vessels and vessel sections, and 
fire-related hazards; and
    (10) Prohibit the use of smoke generating devices that create a 
dangerous atmosphere in training exercises.
    (e) Additional training requirements for fire watch duty. (1) The 
employer must ensure that each fire watch is trained by an instructor 
with adequate fire watch knowledge and experience to cover the items as 
follows:
    (i) Before being assigned to fire watch duty;
    (ii) Whenever there is a change in operations that presents a new or 
different hazard;
    (iii) Whenever the employer has reason to believe that the fire 
watch's knowledge, skills, or understanding of the training previously 
provided is inadequate; and
    (iv) Annually.
    (2) The employer must ensure that each employee who stands fire 
watch duty is trained in:
    (i) The basics of fire behavior, the different classes of fire and 
of extinguishing agents, the stages of fire, and methods for 
extinguishing fires;
    (ii) Extinguishing live fire scenarios whenever allowed by local and 
federal law;

[[Page 119]]

    (iii) The recognition of the adverse health effects that may be 
caused by exposure to fire;
    (iv) The physical characteristics of the hot work area;
    (v) The hazards associated with fire watch duties;
    (vi) The personal protective equipment (PPE) needed to perform fire 
watch duties safely;
    (vii) The use of PPE;
    (viii) The selection and use of any fire extinguishers and fire 
hoses likely to be used by a fire watch in the work area;
    (ix) The location and use of barriers;
    (x) The means of communication designated by the employer for fire 
watches;
    (xi) When and how to start fire alarm procedures; and
    (xii) The employer's evacuation plan.
    (3) The employer must ensure that each fire watch is trained to 
alert others to exit the space whenever:
    (i) The fire watch perceives an unsafe condition;
    (ii) The fire watch perceives that a worker performing hot work is 
in danger;
    (iii) The employer or a representative of the employer orders an 
evacuation; or
    (iv) An evacuation signal, such as an alarm, is activated.
    (f) Records. The employer must keep records that demonstrate that 
employees have been trained as required by paragraphs (a) through (e) of 
this section.
    (1) The employer must ensure that the records include the employee's 
name; the trainer's name; the type of training; and the date(s) on which 
the training took place.
    (2) The employer must keep each training record for one year from 
the time it was made or until it is replaced with a new training record, 
whichever is shorter, and make it available for inspection and copying 
by OSHA on request.



Sec.  1915.509  Definitions applicable to this subpart.

    Alarm--a signal or message from a person or device that indicates 
that there is a fire, medical emergency, or other situation that 
requires emergency response or evacuation. At some shipyards, this may 
be called an ``incident'' or a ``call for service.''
    Alarm system--a system that warns employees at the worksite of 
danger.
    Body harness--a system of straps that may be secured about the 
employee in a manner that will distribute the fall arrest forces over at 
least the thighs, shoulders, chest, and pelvis, with means for attaching 
it to other components of a personal fall arrest system.
    Class II standpipe system--a 1\1/2\ inch (3.8 cm) hose system which 
provides a means for the control or extinguishment of incipient stage 
fires.
    Contract employer--an employer, such as a painter, joiner, 
carpenter, or scaffolding sub-contractor, who performs work under 
contract to the host employer or to another employer under contract to 
the host employer at the host employer's worksite. This excludes 
employers who provide incidental services that do not influence shipyard 
employment (such as mail delivery or office supply services).
    Dangerous atmosphere--an atmosphere that may expose employees to the 
risk of death, incapacitation, injury, acute illness, or impairment of 
ability to self-rescue (i.e., escape unaided from a confined or enclosed 
space).
    Designated area--an area established for hot work after an 
inspection that is free of fire hazards.
    Drop Test--a method utilizing gauges to ensure the integrity of an 
oxygen fuel gas burning system. The method requires that the burning 
torch is installed to one end of the oxygen and fuel gas lines and then 
the gauges are attached to the other end of the hoses. The manifold or 
cylinder supply valve is opened and the system is pressurized. The 
manifold or cylinder supply valve is then closed and the gauges are 
watched for at least sixty (60) seconds. Any drop in pressure indicates 
a leak.
    Emergency operations--activities performed by fire response 
organizations that are related to: rescue, fire suppression, emergency 
medical care, and special operations or activities that include 
responding to the scene of an incident and all activities performed at 
that scene.

[[Page 120]]

    Fire hazard--a condition or material that may start or contribute to 
the spread of fire.
    Fire protection--methods of providing fire prevention, response, 
detection, control, extinguishment, and engineering.
    Fire response--the activity taken by the employer at the time of an 
emergency incident involving a fire at the worksite, including fire 
suppression activities carried out by internal or external resources or 
a combination of both, or total or partial employee evacuation of the 
area exposed to the fire.
    Fire response employee--a shipyard employee who carries out the 
duties and responsibilities of shipyard firefighting in accordance with 
the fire safety plan.
    Fire response organization--an organized group knowledgeable, 
trained, and skilled in shipyard firefighting operations that responds 
to shipyard fire emergencies, including: fire brigades, shipyard fire 
departments, private or contractual fire departments, and municipal fire 
departments.
    Fire suppression--the activities involved in controlling and 
extinguishing fires.
    Fire watch--the activity of observing and responding to the fire 
hazards associated with hot work in shipyard employment and the 
employees designated to do so.
    Fixed extinguishing system--a permanently installed fire protection 
system that either extinguishes or controls fire occurring in the space 
it protects.
    Flammable liquid--any liquid having a flashpoint below 100 [deg]F 
(37.8 [deg]C), except any mixture having components with flashpoints of 
100 [deg]F (37.8 [deg]C) or higher, the total of which make up 99 
percent or more of the total volume of the mixture.
    Hazardous substance--a substance likely to cause injury by reason of 
being explosive, flammable, poisonous, corrosive, oxidizing, an 
irritant, or otherwise harmful.
    Hose systems--fire protection systems consisting of a water supply, 
approved fire hose, and a means to control the flow of water at the 
output end of the hose.
    Host employer--an employer who is in charge of coordinating work or 
who hires other employers to perform work at a multi-employer workplace.
    Incident management system--a system that defines the roles and 
responsibilities to be assumed by personnel and the operating procedures 
to be used in the management and direction of emergency operations; the 
system is also referred to as an ``incident command system'' (ICS).
    Incipient stage fire--a fire, in the initial or beginning stage, 
which can be controlled or extinguished by portable fire extinguishers, 
Class II standpipe or small hose systems without the need for protective 
clothing or breathing apparatus.
    Inerting--the displacement of the atmosphere in a permit space by 
noncombustible gas (such as nitrogen) to such an extent that the 
resulting atmosphere is noncombustible. This procedure produces an IDLH 
oxygen-deficient atmosphere.
    Interior structural firefighting operations--the physical activity 
of fire response, rescue, or both involving a fire beyond the incipient 
stage inside of buildings, enclosed structures, vessels, and vessel 
sections.
    Multi-employer workplace--a workplace where there is a host employer 
and at least one contract employer.
    Personal Alert Safety System (PASS)--a device that sounds a loud 
signal if the wearer becomes immobilized or is motionless for 30 seconds 
or more.
    Physical isolation--the elimination of a fire hazard by removing the 
hazard from the work area (at least 35 feet for combustibles), by 
covering or shielding the hazard with a fire-resistant material, or 
physically preventing the hazard from entering the work area.
    Physically isolated--positive isolation of the supply from the 
distribution piping of a fixed extinguishing system. Examples of ways to 
physically isolate include: removing a spool piece and installing a 
blank flange; providing a double block and bleed valve system; or 
completely disconnecting valves and piping from all cylinders or other 
pressure vessels containing extinguishing agents.
    Protected space--any space into which a fixed extinguishing system 
can discharge.

[[Page 121]]

    Proximity firefighting--specialized fire-fighting operations that 
require specialized thermal protection and may include the activities of 
rescue, fire suppression, and property conservation at incidents 
involving fires producing very high levels of conductive, convective, 
and radiant heat such as aircraft fires, bulk flammable gas fires, and 
bulk flammable liquid fires. Proximity firefighting operations usually 
are exterior operations but may be combined with structural firefighting 
operations. Proximity firefighting is not entry firefighting.
    Qualified instructor--a person with specific knowledge, training, 
and experience in fire response or fire watch activities to cover the 
material found in Sec.  1915.508(b) or (c).
    Rescue--locating endangered persons at an emergency incident, 
removing those persons from danger, treating the injured, and 
transporting the injured to an appropriate health care facility.
    Shipyard firefighting--the activity of rescue, fire suppression, and 
property conservation involving buildings, enclosed structures, 
vehicles, vessels, aircraft, or similar properties involved in a fire or 
emergency situation.
    Small hose system--a system of hoses ranging in diameter from \5/
8\ (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.
    Standpipe--a fixed fire protection system consisting of piping and 
hose connections used to supply water to approved hose lines or 
sprinkler systems. The hose may or may not be connected to the system.



 Sec. Appendix A to Subpart P of Part 1915--Model Fire Safety Plan (Non-
                               Mandatory)

                         Model Fire Safety Plan

    Note: This appendix is non-mandatory and provides guidance to assist 
employers in establishing a Fire Safety Plan as required in Sec.  
1915.502.

                            Table of Contents

I. Purpose.
II. Work site fire hazards and how to properly control them.
III. Alarm systems and how to report fires.
IV. How to evacuate in different emergency situations.
V. Employee awareness.

                               I. Purpose

    The purpose of this fire safety plan is to inform our employees of 
how we will control and reduce the possibility of fire in the workplace 
and to specify what equipment employees may use in case of fire.

       II. Work Site Fire Hazards and How To Properly Control Them

    A. Measures to contain fires.
    B. Teaching selected employees how to use fire protection equipment.
    C. What to do if you discover a fire.
    D. Potential ignition sources for fires and how to control them.
    E. Types of fire protection equipment and systems that can control a 
fire.
    F. The level of firefighting capability present in the facility, 
vessel, or vessel section.
    G. Description of the personnel responsible for maintaining 
equipment, alarms, and systems that are installed to prevent or control 
fire ignition sources, and to control fuel source hazards.

               III. Alarm Systems and How To Report Fires

    A. A demonstration of alarm procedures, if more than one type 
exists.
    B. The work site emergency alarm system.
    C. Procedures for reporting fires.

          IV. How To Evacuate in Different Emergency Situations

    A. Emergency escape procedures and route assignments.
    B. Procedures to account for all employees after completing an 
emergency evacuation.
    C. What type of evacuation is needed and what the employee's role is 
in carrying out the plan.
    D. Helping physically impaired employees.

                          V. Employee Awareness

    Names, job titles, or departments of individuals who can be 
contacted for further information about this plan.

Subparts Q-Y [Reserved]



                Subpart Z_Toxic and Hazardous Substances

    Source: 58 FR 35514, July 1, 1993, unless otherwise noted.

[[Page 122]]



Sec.  1915.1000  Air contaminants.

    Wherever this section applies, an employee's exposure to any 
substance listed in Table Z--Shipyards of this section shall be limited 
in accordance with the requirements of the following paragraphs of this 
section.
    (a)(1) Substances with limits preceded by ``C''--Ceiling values. An 
employee's exposure to any substance in Table Z--Shipyards, the exposure 
limit of which is preceded by a ``C,'' shall at no time exceed the 
exposure limit given for that substance. If instantaneous monitoring is 
not feasible, then the ceiling shall be assessed as a 15-minute time 
weighted average exposure which shall not be exceeded at any time over a 
working day.
    (2) Other Substances--8-hour Time Weighted Averages. An employee's 
exposure to any substance in Table Z--Shipyards, the exposure limit of 
which is not preceded by a ``C,'' shall not exceed the 8-hour Time 
Weighted Average given for that substance in any 8-hour work shift of a 
40-hour work week.
    (b)-(c) [Reserved]
    (d) Computation formula. The computation formula which shall apply 
to employee exposure to more than one substance for which 8-hour time 
weighted averages are listed in subpart Z of 29 CFR part 1915 in order 
to determine whether an employee is exposed over the regulatory limit is 
as follows:
    (1)(i) The cumulative exposure for an 8-hour work shift shall be 
computed as follows:

E = (Ca Ta + Cb Tb + 
...Cn Tn) / 8

Where:

E is the equivalent exposure for the working shift.
C is the concentration during any period of time T where the 
          concentration remains constant.
T is the duration in hours of the exposure at the concentration C.

The value of E shall not exceed the 8-hour time weighted average 
specified in subpart Z of 29 CFR part 1915 for the material involved.

    (ii) To illustrate the formula prescribed in paragraph (d)(1)(i) of 
this section, assume that Substance A has an 8-hour time weighted 
average limit of 100 ppm noted in Table Z--Shipyards. Assume that an 
employee is subject to the following exposure:

Two hours exposure at 150 ppm
Two hours exposure at 75 ppm
Four hours exposure at 50 ppm

    Substituting this information in the formula, we have
(2 x 150 + 2 x 75 + 4 x 50) / 8 = 81.25 ppm

    Since 81.25 ppm is less than 100 ppm, the 8-hour time weighted 
average limit, the exposure is acceptable.

    (2)(i) in case of a mixture of air contaminants an employer shall 
compute the equivalent exposure as follows:

Em = (C1 / L1 + C2 / 
L2) + ...(Cn / Ln)

Where:

Em is the equivalent exposure for the mixture.
C is the concentration of a particular contaminant.
L is the exposure limit for that substance specified in subpart Z of 29 
          CFR part 1915.
The value of Em shall not exceed unity (1).

    (ii) To illustrate the formula prescribed in paragraph (d)(2)(i) of 
this section, consider the following exposures:

------------------------------------------------------------------------
                                              Actual
                                           concentration   8 hr. TWA PEL
                Substance                    of 8 hour         (ppm)
                                          exposure (ppm)
------------------------------------------------------------------------
B.......................................             500            1000
C.......................................              45             200
D.......................................              40             200
------------------------------------------------------------------------
Substituting in the formula, we have:
Em = 500 / 1,000 + 45 / 200 + 40 / 200
Em = 0.500 + 0.225 + 0.200
Em = 0.925


Since Em is less than unity (1), the exposure combination is within 
acceptable limits.

                                               Table Z--Shipyards
----------------------------------------------------------------------------------------------------------------
                                                                                ppm \a  mg/m \3        Skin
                          Substance                             CAS No. \d\       *\      b *\     Designation
----------------------------------------------------------------------------------------------------------------
Abate; see Temephos.........................................
Acetaldehyde................................................         75-07-0      200      360               --
Acetic acid.................................................         64-19-7       10       25               --
Acetic anhydride............................................        108-24-7        5       20               --

[[Page 123]]

 
Acetone.....................................................         67-64-1     1000     2400               --
Acetonitrile................................................         75-05-8       40       70               --
2-Acetylaminofluorine; see Sec.   1915.1014.................         53-96-3
Acetylene...................................................         74-86-2        E
Acetylene dichloride; see 1,2-Dichloroethylene..............
Acetylene tetrabromide......................................         79-27-6        1       14               --
Acrolein....................................................        107-02-8      0.1     0.25               --
Acrylamide..................................................         79-06-1       --      0.3                X
Acrylonitrile; see Sec.   1915.1045.........................        107-13-1
Aldrin......................................................        309-00-2       --     0.25                X
Allyl alcohol...............................................        107-18-6        2        5                X
Allyl chloride..............................................        107-05-1        1        3               --
Allyl glycidyl ether (AGE)..................................        106-92-3    (C)10    (C)45               --
Allyl propyl disulfide......................................       2179-59-1        2       12               --
alpha-Alumina...............................................       1344-28-1
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Aluminum, (as Al) Metal.....................................       7429-90-5
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Alundum; see alpha-Alumina..................................
4-Aminodiphenyl; see Sec.   1915.1011.......................         92-67-1
2-Aminoethanol; see Ethanolamine............................
2-Aminopyridine.............................................        504-29-0      0.5        2               --
Ammonia.....................................................       7664-41-7       50       35               --
Ammonium sulfamate..........................................       7773-06-0
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
n-Amyl acetate..............................................        628-63-7      100      525               --
sec-Amyl acetate............................................        626-38-0      125      650               --
Aniline and homologs........................................         62-53-3        5       19                X
Anisidine (o-, p-isomers)...................................      29191-52-4       --      0.5                X
Antimony and compounds (as Sb)..............................       7440-36-0       --      0.5               --
ANTU (alpha Naphthylthiourea)...............................         86-88-4       --      0.3               --
Argon.......................................................       7440-37-1        E
Arsenic, inorganic compounds (as As); see Sec.   1915.1018..       7440-38-2       --       --               --
Arsenic, organic compounds (as As)..........................       7440-38-2       --      0.5               --
Arsine......................................................       7784-42-1     0.05      0.2               --
Asbestos; see 1915.1001.....................................
Azinphos-methyl.............................................         86-50-0       --      0.2                X
Barium, soluble compounds (as Ba)...........................       7440-39-3       --      0.5               --
Barium sulfate..............................................       7727-43-7
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Benomyl.....................................................      17804-35-2
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Benzene \g\; see Sec.   1915.1028...........................         71-43-2
Benzidine; see Sec.   1915.1010.............................         92-87-5
p-Benzoquinone; see Quinone.................................
Benzo(a)pyrene; see Coal tar pitch volatiles................
Benzoyl peroxide............................................         94-36-0       --        5               --
Benzyl chloride.............................................        100-44-7        1        5               --
Beryllium and beryllium compounds (as Be); see 1915.1024 (q)       7440-41-7   .......   0.002
Biphenyl; see Diphenyl......................................
Bismuth telluride, Undoped..................................       1304-82-1
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Bisphenol A; see Diglycidyl ether...........................

[[Page 124]]

 
Boron oxide.................................................       1303-86-2
    Total dust..............................................  ...............      --       15               --
Boron tribromide............................................      10294-33-4        1       10               --
Boron trifluoride...........................................       7637-07-2     (C)1     (C)3               --
Bromine.....................................................       7726-95-6      0.1      0.7               --
Bromine pentafluoride.......................................       7789-30-2      0.1      0.7               --
Bromoform...................................................         75-25-2      0.5        5                X
Butadiene (1,3-Butadiene); see 29 CFR 1910.1051; 29 CFR             106-99-0        1       --               --
 1910.19(l).................................................                    ppm/5
                                                                                  ppm
                                                                                 STEL
Butanethiol; see Butyl mercaptan............................
2-Butanone (Methyl ethyl ketone)............................         78-93-3      200      590               --
2-Butoxyethanol.............................................        111-76-2       50      240                X
n-Butyl-acetate.............................................        123-86-4      150      710               --
sec-Butyl acetate...........................................        105-46-4      200      950               --
tert-Butyl acetate..........................................        540-88-5      200      950               --
n-Butyl alcohol.............................................         71-36-3      100      300               --
sec-Butyl alcohol...........................................         78-92-2      150      450               --
tert-Butyl alcohol..........................................         75-65-0      100      300               --
Butylamine..................................................        109-73-9     (C)5    (C)15                X
tert-Butyl chromate (as CrO3); see 1915.1026 \n\............       1189-85-1
n-Butyl glycidyl ether (BGE)................................       2426-08-6       50      270               --
Butyl mercaptan.............................................        109-79-5      0.5      1.5               --
p-tert-Butyltoluene.........................................         98-51-1       10       60               --
Cadmium dust fume (as Cd); see 1915.1027....................       7440-43-9       --       --               --
Calcium carbonate...........................................       1317-65-3
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Calcium hydroxide...........................................       1305-62-0       --       --               --
Calcium hydroxide...........................................
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Calcium oxide...............................................       1305-78-8       --        5               --
Calcium silicate............................................       1344-95-2
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Calcium sulfate.............................................       7778-18-9
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Camphor, synthetic..........................................         76-22-2       --        2               --
Carbaryl (Sevin)............................................         63-25-2       --        5               --
Carbon black................................................       1333-86-4       --      3.5               --
Carbon dioxide..............................................        124-38-9     5000     9000               --
Carbon disulfide............................................         75-15-0       20       60                X
Carbon monoxide.............................................        630-08-0       50       55               --
Carbon tetrachloride........................................         56-23-5       10       65                X
Cellulose...................................................       9004-34-6
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Chlordane...................................................         57-74-9       --      0.5                X
Chlorinated camphene........................................       8001-35-2       --      0.5                X
Chlorinated diphenyl oxide..................................      55720-99-5       --      0.5               --
Chlorine....................................................       7782-50-5        1        3               --
Chlorine trifluoride........................................       7790-91-2   (C)0.1   (C)0.4               --
Chloroacetaldehyde..........................................        107-20-0     (C)1     (C)3               --
a-Chloroacetophenone (Phenacyl chloride)....................        532-27-4     0.05      0.3               --
Chlorobenzene...............................................        108-90-7       75      350               --
o-Chlorobenzylidene malononitrile...........................       2698-41-1     0.05      0.4               --

[[Page 125]]

 
Chlorobromomethane..........................................         74-97-5      200     1050               --
2-Chloro-1,3-butadiene; see beta-Chloroprene................
Chlorodiphenyl (42% Chlorine) (PCB).........................      53469-21-9       --        1                X
Chlorodiphenyl (54% Chlorine) (PCB).........................      11097-69-1       --      0.5                X
1-Chloro,2,3-epoxypropane; see Epichlorohydrin..............
2-Chloroethanol; see Ethylene chlorohydrin..................
Chloroethylene; see Vinyl chloride..........................
Chloroform (Trichloromethane)...............................         67-66-3       50      240               --
bis(Chloromethyl) ether; see Sec.   1915.1008...............        542-88-1
Chloromethyl methyl ether; see Sec.   1915.1006.............        107-30-2
1-Chloro-1-nitropropane.....................................        600-25-9       20      100               --
Chloropicrin................................................         76-06-2      0.1      0.7
beta-Chloroprene............................................        126-99-8       25       90                X
2-Chloro-6-(trichloromethyl) pyridine.......................       1929-82-4
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Chromium (II) compounds.....................................
    (as Cr).................................................       7440-47-3       --      0.5               --
Chromium (III) compounds....................................
    (as Cr).................................................       7440-47-3       --      0.5               --
Chromium (VI) compounds; see 1915.1026 \o\..................
Chromium metal and insol. salts (as Cr).....................       7440-47-3       --        1               --
Chrysene; see Coal tar pitch volatiles......................
Clopidol....................................................       2971-90-6
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Coal tar pitch volatiles (benzene soluble fraction),              65966-93-2       --      0.2               --
 anthracene, BaP, phenanthrene, acridine, chrysene, pyrene..
Cobalt metal, dust, and fume (as Co)........................       7440-48-4       --      0.1               --
Copper......................................................       7440-50-8
    Fume (as Cu)............................................  ...............      --      0.1               --
    Dusts and mists (as Cu).................................  ...............      --        1               --
Corundum; see Emery.........................................
Cotton dust (raw)...........................................  ...............      --        1
Crag herbicide (Sesone).....................................        136-78-7
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Cresol, all isomers.........................................       1319-77-3        5       22                X
Crotonaldehyde..............................................       123-73-9;        2        6
                                                                   4170-30-3
Cumene......................................................         98-82-8       50      245                X
Cyanides (as CN)............................................     Varies with       --        5               --
                                                                      Compound
Cyanogen....................................................        460-19-5       10       --               --
Cyclohexane.................................................        110-82-7      300     1050               --
Cyclohexanol................................................        108-93-0       50      200               --
Cyclohexanone...............................................        108-94-1       50      200               --
Cyclohexene.................................................        110-83-8      300     1015               --
Cyclonite...................................................        121-82-4       --      1.5                X
Cyclopentadiene.............................................        542-92-7       75      200               --
2,4-D (Dichlorophenoxyacetic acid)..........................         94-75-7       --       10               --
Decaborane..................................................      17702-41-9     0.05      0.3                X
Demeton (Systox)............................................       8065-48-3       --      0.1                X
Diacetone alcohol (4-Hydroxy-4-methyl-2-pentanone)..........        123-42-2       50      240               --
1,2-Diaminoethane; see Ethylenediamine......................
Diazomethane................................................        334-88-3      0.2      0.4               --
Diborane....................................................      19287-45-7      0.1      0.1               --

[[Page 126]]

 
1,2-Dibromo-3-chloropropane (CBCP); see Sec.   1915.1044....         96-12-8   .......      --
1,2-Dibromoethane; see Ethylene dibromide...................
Dibutyl phosphate...........................................        107-66-4        1        5               --
Dibutyl phthalate...........................................         84-74-2       --        5               --
Dichloroacetylene...........................................       7572-29-4   (C)0.1   (C)0.4               --
o-Dichlorobenzene...........................................         95-50-1    (C)50   (C)300               --
p-Dichlorobenzene...........................................        106-46-7       75      450               --
3,3'-Dichlorobenzidine; see Sec.   1915.1007................         91-94-1
Dichlorodifluoromethane.....................................         75-71-8     1000     4950               --
1,3-Dichloro-5,5-dimethyl hydantoin.........................        118-52-5       --      0.2               --
Dichlorodiphenyltrichloroethane (DDT).......................         50-29-3       --        1                X
1,1-Dichloroethane..........................................         75-34-3      100      400               --
1,2-Dichloroethane; see Ethylene dichloride.................
1,2-Dichloroethylene........................................        540-59-0      200      790               --
Dichloroethyl ether.........................................        111-44-4    (C)15    (C)90                X
Dichloromethane; see Methylene chloride.....................
Dichloromonofluoromethane...................................         75-43-4     1000     4200               --
1,1-Dichloro-1-nitroethane..................................        594-72-9    (C)10    (C)60               --
1,2-Dichloropropane; see Propylene dichloride...............
Dichlorotetrafluoroethane...................................         76-14-2     1000     7000               --
Dichlorvos (DDVP)...........................................         62-73-7       --        1                X
Dicyclopentadienyl iron.....................................        102-54-5
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Dieldrin....................................................         60-57-1       --     0.25                X
Diethylamine................................................        109-89-7       25       75               --
2-Diethylaminoethanol.......................................        100-37-8       10       50               --
Diethylene triamine.........................................        111-40-0    (C)10    (C)42                X
Diethyl ether; see Ethyl ether..............................
Difluorodibromomethane......................................         75-61-6      100      860               --
Diglycidyl ether (DGE)......................................       2238-07-5   (C)0.5   (C)2.8               --
Dihydroxybenzene; see Hydroquinone..........................
Diisobutyl ketone...........................................        108-83-8       50      290               --
Diisopropylamine............................................        108-18-9        5       20                X
4-Dimethylaminoazobenzene; see Sec.   1915.1015.............         60-11-7
Dimethoxymethane; see Methylal..............................
Dimethyl acetamide..........................................        127-19-5       10       35                X
Dimethylamine...............................................        124-40-3       10       18               --
Dimethylaminobenzene; see Xylidine..........................
Dimethylaniline (N,N-Dimethylaniline).......................        121-69-7        5       25                X
Dimethylbenzene; see Xylene.................................
Dimethyl-1,2-dibromo- 2,2-dichloroethyl phosphate...........        300-76-5       --        3               --
Dimethylformamide...........................................         68-12-2       10       30                X
2,6-Dimethyl-4-heptanone; see Diisobutyl ketone.............
1,1-Dimethylhydrazine.......................................         57-14-7      0.5        1                X
Dimethylphthalate...........................................        131-11-3       --        5               --
Dimethyl sulfate............................................         77-78-3        1        5                X
Dinitrobenzene (all isomers)................................  ...............  .......       1                X
    (ortho).................................................        528-29-0
    (meta)..................................................         99-65-0
    (para)..................................................        100-25-4
Dinitro-o-cresol............................................        534-52-1       --      0.2                X
Dinitrotoluene..............................................      25321-14-6       --      1.5                X
Dioxane (Diethylene dioxide)................................        123-91-1      100      360                X
Diphenyl (Biphenyl).........................................         92-52-4      0.2        1               --
Diphenylamine...............................................        122-39-4       --       10               --

[[Page 127]]

 
Diphenylmethane diisocyanate; see Methylene bisphenyl
 isocyanate.................................................
Dipropylene glycol methyl ether.............................      34590-94-8      100      600                X
Di-sec octyl phthalate (Di-(2-ethylhexyl) phthalate)........        117-81-7       --        5               --
Emery.......................................................      12415-34-8
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Endosulfan..................................................        115-29-7       --      0.1                X
Endrin......................................................         72-20-8       --      0.1                X
Epichlorohydrin.............................................        106-89-8        5       19                X
EPN.........................................................       2104-64-5       --      0.5                X
1,2-Epoxypropane; see Propylene oxide.......................
2,3-Epoxy-1-propanol; see Glycidol..........................
Ethane......................................................         74-84-0        E
Ethanethiol; see Ethyl mercaptan............................
Ethanolamine................................................        141-43-5        3        6               --
2-Ethoxyethanol (Cellosolve)................................        110-80-5      200      740                X
2-Ethoxyethyl acetate (Cellosolve acetate)..................        111-15-9      100      540                X
Ethyl acetate...............................................        141-78-6      400     1400               --
Ethyl acrylate..............................................        140-88-5       25      100                X
Ethyl alcohol (Ethanol).....................................         64-17-5     1000     1900               --
Ethylamine..................................................         75-04-7       10       18               --
Ethyl amyl ketone (5-Methyl-3-heptanone)....................        541-85-5       25      130               --
Ethyl benzene...............................................        100-41-4      100      435               --
Ethyl bromide...............................................         74-96-4      200      890               --
Ethyl butyl ketone (3-Heptanone)............................        106-35-4       50      230               --
Ethyl chloride..............................................         75-00-3     1000     2600               --
Ethyl ether.................................................         60-29-7      400     1200               --
Ethyl formate...............................................        109-94-4      100      300               --
Ethyl mercaptan.............................................         75-08-1      0.5        1               --
Ethyl silicate..............................................         78-10-4      100      850               --
Ethylene....................................................         74-85-1        E
Ethylene chlorohydrin.......................................        107-07-3        5       16                X
Ethylenediamine.............................................        107-15-3       10       25               --
Ethylene dibromide..........................................        106-93-4    (C)25   (C)190                X
Ethylene dichloride (1,2-Dichloroethane)....................        107-06-2       50      200               --
Ethylene glycol dinitrate...................................        628-96-6   (C)0.2     (C)1                X
Ethylene glycol methyl acetate; see Methyl cellosolve
 acetate....................................................
Ethyleneimine; see Sec.   1915.1012.........................        151-56-4
Ethylene oxide; see Sec.   1915.1047........................         75-21-8
Ethylidene chloride; see 1,1-Dichloroethane.................
N-Ethylmorpholine...........................................        100-74-3       20       94                X
Ferbam......................................................      14484-64-1
    Total dust..............................................  ...............      --       15               --
Ferrovanadium dust..........................................      12604-58-9       --        1               --
Fibrous Glass...............................................
    Total dust..............................................  ...............  .......      15               --
    Respirable fraction.....................................  ...............      --        5               --
Fluorides (as F)............................................     Varies with       --      2.5               --
                                                                      compound
Fluorine....................................................       7782-41-4      0.1      0.2               --
Fluorotrichloromethane (Trichlorofluoromethane).............         75-69-4     1000     5600               --
Formaldehyde; see Sec.   1915.1048..........................         50-00-0
Formic acid.................................................         64-18-6        5        9               --
Furfural....................................................         98-01-1        5       20                X
Furfuryl alcohol............................................         98-00-0       50      200               --
Gasoline....................................................       8006-61-9   .......   A \3\               --
Glycerin (mist).............................................         56-81-5
    Total dust..............................................  ...............      --       15               --

[[Page 128]]

 
    Respirable fraction.....................................  ...............      --        5               --
Glycidol....................................................        556-52-5       50      150               --
Glycol monoethyl ether; see 2-Ethoxyethanol.................
Graphite, natural, respirable dust..........................       7782-42-5    (\2\)    (\2\)            (\2\)
Graphite, synthetic.........................................
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Guthion; see Azinphos methyl................................
Gypsum......................................................      13397-24-5
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Hafnium.....................................................       7440-58-6       --      0.5               --
Helium......................................................       7440-59-7        E
Heptachlor..................................................         76-44-8       --      0.5                X
Heptane (n-Heptane).........................................        142-82-5      500     2000               --
Hexachloroethane............................................         67-72-1        1       10                X
Hexachloronaphthalene.......................................       1335-87-1       --      0.2                X
n-Hexane....................................................        110-54-3      500     1800               --
2-Hexanone (Methyl n-butyl ketone)..........................        591-78-6      100      410               --
Hexone (Methyl isobutyl ketone).............................        108-10-1      100      410               --
sec-Hexyl acetate...........................................        108-84-9       50      300               --
Hydrazine...................................................        302-01-2        1      1.3                X
Hydrogen....................................................       1333-74-0        E
Hydrogen bromide............................................      10035-10-6        3       10               --
Hydrogen chloride...........................................       7647-01-0     (C)5     (C)7               --
Hydrogen cyanide............................................         74-90-8       10       11                X
Hydrogen fluoride (as F)....................................       7664-39-3        3        2               --
Hydrogen peroxide...........................................       7722-84-1        1      1.4               --
Hydrogen selenide (as Se)...................................       7783-07-5     0.05
Hydrogen sulfide............................................       7783-06-4       10       15               --
Hydroquinone................................................        123-31-9       --        2               --
Indene......................................................         95-13-6       10       45               --
Indium and compounds (as In)................................       7440-74-6       --      0.1               --
Iodine......................................................       7553-56-2   (C)0.1     (C)1               --
Iron oxide fume.............................................       1309-37-1       --       10               --
Iron salts (soluble) (as Fe)................................     Varies with       --        1               --
                                                                      compound
Isoamyl acetate.............................................        123-92-2      100      525               --
Isoamyl alcohol (primary and secondary).....................        123-51-3      100      360               --
Isobutyl acetate............................................        110-19-0      150      700               --
Isobutyl alcohol............................................         78-83-1      100      300               --
Isophorone..................................................         78-59-1       25      140               --
Isopropyl acetate...........................................        108-21-4      250      950               --
Isopropyl alcohol...........................................         67-63-0      400      980               --
Isopropylamine..............................................         75-31-0        5       12               --
Isopropyl ether.............................................        108-20-3      500     2100               --
Isopropyl glycidyl ether (IGE)..............................       4016-14-2       50      240               --
Kaolin......................................................       1332-58-7
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Ketene......................................................        463-51-4      0.5      0.9               --
Lead, inorganic (as Pb); see Sec.   1915.1025...............       7439-92-1       --       --               --
Limestone...................................................       1317-65-3
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Lindane.....................................................         58-89-9       --      0.5                X
Lithium hydride.............................................       7580-67-8       --    0.025               --
L.P.G. (Liquefied petroleum gas)............................      68476-85-7     1000     1800
Magnesite...................................................        546-93-0
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --

[[Page 129]]

 
Magnesium oxide fume........................................       1309-48-4
    Total particulate.......................................  ...............      15       --               --
Malathion...................................................        121-75-5
    Total dust..............................................  ...............      --       15                X
Maleic anhydride............................................        108-31-6     0.25
Manganese compounds (as Mn).................................       7439-96-5       --     (C)5               --
Manganese fume (as Mn)......................................       7439-96-5       --     (C)5               --
Marble......................................................       1317-65-3
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Mercury (aryl and inorganic)(as Hg).........................       7439-97-6   .......     0.1                X
Mercury (organo) alkyl compounds (as Hg)....................       7439-97-6       --     0.01                X
Mercury (vapor) (as Hg).....................................       7439-97-6       --      0.1                X
Mesityl oxide...............................................        141-79-7       25      100               --
Methane.....................................................         74-82-8        E
Methanethiol; see Methyl mercaptan..........................
Methoxychlor................................................         72-43-5
    Total dust..............................................  ...............      --       15               --
2-Methoxyethanol (Methyl cellosolve)........................        109-86-4       25       80                X
2-Methoxyethyl acetate (Methyl cellosolve acetate)..........        110-49-6       25      120                X
Methyl acetate..............................................         79-20-9      200      610               --
Methyl acetylene (Propyne)..................................         74-99-7     1000     1650               --
Methyl acetylene-propadiene mixture (MAPP)..................  ...............    1000     1800               --
Methyl acrylate.............................................         96-33-3       10       35                X
Methylal (Dimethoxy-methane)................................        109-87-5     1000     3100               --
Methyl alcohol..............................................         67-56-1      200      260               --
Methylamine.................................................         74-89-5       10       12               --
Methyl amyl alcohol; see Methyl isobutyl carbinol...........
Methyl n-amyl ketone........................................        110-43-0      100      465               --
Methyl bromide..............................................         74-83-9    (C)20    (C)80                X
Methyl butyl ketone; see 2-Hexanone.........................
Methyl cellosolve; see 2-Methoxyethanol.....................
Methyl cellosolve acetate; see 2-Methoxyethyl acetate.......
Methyl chloride.............................................         74-87-3      100      210               --
Methyl chloroform (1,1,1-Trichloroethane)...................         71-55-6      350     1900               --
Methylcyclohexane...........................................        108-87-2      500     2000               --
Methylcyclohexanol..........................................      25639-42-3      100      470               --
o-Methylcyclohexanone.......................................        583-60-8      100      460                X
Methylene chloride; see Sec.   1910.1052....................
Methyl ethyl ketone (MEK); see 2-Butanone...................
Methyl formate..............................................        107-31-3      100      250               --
Methyl hydrazine (Monomethyl hydrazine).....................         60-34-4   (C)0.2   (C)0.35               X
Methyl iodide...............................................         74-88-4        5       28                X
Methyl isoamyl ketone.......................................        110-12-3      100      475               --
Methyl isobutyl carbinol....................................        108-11-2       25      100                X
Methyl isobutyl ketone; see Hexone..........................
Methyl isocyanate...........................................        624-83-9     0.02     0.05                X
Methyl mercaptan............................................         74-93-1      0.5        1               --
Methyl methacrylate.........................................         80-62-6      100      410              100
Methyl propyl ketone; see 2-Pentanone.......................
Methyl silicate.............................................        681-84-5        5       30               --
alpha-Methyl styrene........................................         98-83-9   (C)100   (C)480               --
Methylene bisphenyl isocyanate (MDI)........................        101-68-8   (C)0.02  (C)0.2               --
Mica; see Silicates.........................................
Mineral wool................................................
    Total dust..............................................  ...............      --       15               --
    Respirable dust.........................................  ...............      --        5               --
Molybdenum (as Mo)..........................................       7439-98-7

[[Page 130]]

 
    Soluble compounds.......................................  ...............      --        5               --
    Insoluble compounds.....................................
     Total dust.............................................  ...............      --       15               --
Monomethyl aniline..........................................        100-61-8        2        9                X
Monomethyl hydrazine; see Methyl hydrazine..................
Morpholine..................................................        110-91-8       20       70                X
Naphtha (Coal tar)..........................................       8030-30-6      100      400               --
Naphthalene.................................................         91-20-3       10       50               --
alpha-Naphthylamine; see Sec.   1915.1004...................        134-32-7
beta-Naphthylamine; see Sec.   1915.1009....................         91-59-8   .......  .......              --
Neon........................................................       7440-01-9   .......
Nickel carbonyl (as Ni).....................................      13463-39-3    0.001    0.007               --
Nickel, metal and insoluble compounds (as Ni)...............       7440-02-0       --        1               --
Nickel, soluble compounds (as Ni)...........................       7440-02-0       --        1               --
Nicotine....................................................         54-11-5       --      0.5                X
Nitric acid.................................................       7697-37-2        2        5               --
Nitric oxide................................................      10102-43-9       25       30               --
p-Nitroaniline..............................................        100-01-6        1        6                X
Nitrobenzene................................................         98-95-3        1        5                X
p-Nitrochlorobenzene........................................        100-00-5       --        1                X
4-Nitrodiphenyl; see Sec.   1915.1003.......................         92-93-3
Nitroethane.................................................         79-24-3      100      310               --
Nitrogen....................................................       7727-37-9        E
Nitrogen dioxide............................................      10102-44-0     (C)5     (C)9               --
Nitrogen trifluoride........................................       7783-54-2       10       29               --
Nitroglycerin...............................................         55-63-0   (C)0.2     (C)2                X
Nitromethane................................................         75-52-5      100      250               --
1-Nitropropane..............................................        108-03-2       25       90               --
2-Nitropropane..............................................         79-46-9       25       90               --
N-Nitrosodimethylamine; see Sec.   1915.1016................         62-79-9   .......  .......              --
Nitrotoluene (all isomers)..................................  ...............       5       30                X
    o-isomer................................................        88-72-2;
    m-isomer................................................        99-08-1;
    p-isomer................................................         99-99-0
Nitrotrichloromethane; see Chloropicrin.....................
Nitrous oxide...............................................      10024-97-2        E
Octachloronaphthalene.......................................       2234-13-1       --      0.1                X
Octane......................................................        111-65-9      400     1900               --
Oil mist, mineral...........................................       8012-95-1       --        5               --
Osmium tetroxide (as Os)....................................      20816-12-0       --    0.002               --
Oxalic acid.................................................        144-62-7       --        1               --
Oxygen difluoride...........................................       7783-41-7     0.05      0.1               --
Ozone.......................................................      10028-15-6      0.1      0.2               --
Paraquat, respirable dust...................................      4685-14-7;       --      0.5                X
                                                                  1910-42-5;
                                                                   2074-50-2
Parathion...................................................         56-38-2       --      0.1               --
Particulates not otherwise regulated........................
    Total dust organic and inorganic........................  ...............      --       15               --
PCB; see Chlorodiphenyl (42% and 54% chlorine)..............
Pentaborane.................................................      19624-22-7    0.005     0.01               --
Pentachloronaphthalene......................................       1321-64-8       --      0.5                X
Pentachlorophenol...........................................         87-86-5       --      0.5                X
Pentaerythritol.............................................        115-77-5
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Pentane.....................................................        109-66-0      500     1500               --
2-Pentanone (Methyl propyl ketone)..........................        107-87-9      200      700               --
Perchloroethylene (Tetrachloroethylene).....................        127-18-4      100      670               --

[[Page 131]]

 
Perchloromethyl mercaptan...................................        594-42-3      0.1      0.8               --
Perchloryl fluoride.........................................       7616-94-6        3     13.5               --
Perlite.....................................................      93763-70-3
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Petroleum distillates (Naphtha)(Rubber Solvent).............  ...............  .......   A \3\               --
Phenol......................................................        108-95-2        5       19                X
p-Phenylene diamine.........................................        106-50-3       --      0.1                X
Phenyl ether, vapor.........................................        101-84-8        1        7               --
Phenyl ether-biphenyl mixture, vapor........................  ...............       1        7               --
Phenylethylene; see Styrene.................................
Phenyl glycidyl ether (PGE).................................        122-60-1       10       60               --
Phenylhydrazine.............................................        100-63-0        5       22                X
Phosdrin (Mevinphos)........................................       7786-34-7       --      0.1                X
Phosgene (Carbonyl chloride)................................         75-44-5      0.1      0.4               --
Phosphine...................................................       7803-51-2      0.3      0.4               --
Phosphoric acid.............................................       7664-38-2       --        1               --
Phosphorus (yellow).........................................       7723-14-0       --      0.1               --
Phosphorus pentachloride....................................      10026-13-8       --        1               --
Phosphorus pentasulfide.....................................       1314-80-3       --        1               --
Phosphorus trichloride......................................       7719-12-2      0.5        3               --
Phthalic anhydride..........................................         85-44-9        2       12               --
Picloram....................................................       1918-02-1
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Picric acid.................................................         88-89-1       --      0.1               --
Piperazine dihydrochloride..................................        142-64-3       --       --                X
Pindone (2-Pivalyl-1,3-indandione)..........................         83-26-1       --      0.1               --
Plaster of Paris............................................      26499-65-0
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Platinum (as Pt)............................................       7440-06-4
    Metal...................................................  ...............      --       --               --
    Soluble salts...........................................  ...............      --    0.002               --
Polytetrafluoroethylene decomposition products..............  ...............  .......   A \2\
Portland cement.............................................      65997-15-1
    Total dust..............................................  ...............      15       --               10
    Respirable fraction.....................................  ...............       5       --               --
Propargyl alcohol...........................................        107-19-7        1       --                X
beta-Propriolactone; see Sec.   1915.1013...................         57-57-8
Propionic acid..............................................         79-09-4       --       --               --
n-Propyl acetate............................................        109-60-4      200      840               --
n-Propyl alcohol............................................         71-23-8      200      500               --
n-Propyl nitrate............................................        627-13-4       25      110               --
Propylene dichloride........................................         78-87-5       75      350               --
Propylene imine.............................................         75-55-8        2        5                X
Propylene oxide.............................................         75-56-9      100      240               --
Propyne; see Methyl acetylene...............................
Pyrethrum...................................................       8003-34-7       --        5               --
Pyridine....................................................        110-86-1        5       15               --
Quinone.....................................................        106-51-4      0.1      0.4               --
RDX; see Cyclonite..........................................
Rhodium (as Rh), metal fume and insoluble compounds.........       7440-16-6       --      0.1               --
Rhodium (as Rh), soluble compounds..........................       7440-16-6       --    0.001               --
Ronnel......................................................        299-84-3       --       10               --
Rotenone....................................................         83-79-4       --        5               --
Rouge.......................................................  ...............      --
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --

[[Page 132]]

 
Selenium compounds (as Se)..................................       7782-49-2       --      0.2               --
Selenium hexafluoride (as Se)...............................       7783-79-1     0.05      0.4               --
Silica, amorphous, precipitated and gel.....................     112926-00-8    (\2\)    (\2\)            (\2\)
Silica, amorphous, diatomaceous earth, containing less than       61790-53-2    (\2\)    (\2\)            (\2\)
 1% crystalline silica......................................
Silica, crystalline, respirable dust
    Cristobalite; see 1915.1053.............................      14464-46-1
    Quartz; see 1915.1053 \5\...............................      14808-60-7
    Tripoli (as quartz); see 1915.1053 \5\..................       1317-95-9
    Tridymite; see 1915.1053................................      15468-32-3
Silica, fused, respirable dust..............................      60676-86-0    (\2\)    (\2\)            (\2\)
Silicates (less than 1% crystalline silica).................
    Mica (respirable dust)..................................      12001-26-2    (\2\)    (\2\)            (\2\)
    Soapstone, total dust...................................              --    (\2\)    (\2\)            (\2\)
    Soapstone, respirable dust..............................              --    (\2\)    (\2\)            (\2\)
    Talc (containing asbestos)..............................              --    (\3\)    (\3\)            (\3\)
    Talc (containing no asbestos), respirable dust..........      14807-96-6    (\2\)    (\2\)            (\2\)
    Tremolite, asbestiform..................................  ...............   (\3\)    (\3\)            (\3\)
Silicon.....................................................       7440-21-3
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Silicon carbide.............................................        409-21-2
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Silver, metal and soluble compounds (as Ag).................       7440-22-4       --     0.01               --
Soapstone; see Silicates....................................
Sodium fluoroacetate........................................         62-74-8       --     0.05                X
Sodium hydroxide............................................       1310-73-2       --        2               --
Starch......................................................       9005-25-8
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Stibine.....................................................       7803-52-3      0.1      0.5               --
Stoddard solvent............................................       8052-41-3      200     1150               --
Strychnine..................................................         57-24-9       --     0.15               --
Styrene.....................................................        100-42-5      100      420               50
Sucrose.....................................................         57-50-1
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Sulfur dioxide..............................................       7446-09-5        5       13               --
Sulfur hexafluoride.........................................       2551-62-4     1000     6000               --
Sulfuric acid...............................................       7664-93-9       --        1               --
Sulfur monochloride.........................................      10025-67-9        1        6               --
Sulfur pentafluoride........................................       5714-22-7    0.025     0.25               --
Sulfuryl fluoride...........................................       2699-79-8        5       20               --
Systox, see Demeton.........................................
2,4,5-T (2,4,5-trichlorophenoxyacetic acid).................         93-76-5       --       10               --
Talc; see Silicates--.......................................
Tantalum, metal and oxide dust..............................       7440-25-7       --        5               --
TEDP (Sulfotep).............................................       3689-24-5       --      0.2                X
Teflon decomposition products...............................  ...............  .......      A2
Tellurium and compounds (as Te).............................      13494-80-9       --      0.1               --
Tellurium hexafluoride (as Te)..............................       7783-80-4     0.02      0.2               --
Temephos....................................................       3383-96-8
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
TEPP (Tetraethyl pyrophosphate).............................        107-49-3       --     0.05                X
Terphenyls..................................................      26140-60-3     (C)1     (C)9               --
1,1,1,2-Tetrachloro-2,2-difluoroethane......................         76-11-9      500     4170               --
1,1,2,2-Tetrachloro-1,2-difluoroethane......................         76-12-0      500     4170               --
1,1,2,2-Tetrachloroethane...................................         79-34-5        5       35                X

[[Page 133]]

 
Tetrachloroethylene; see Perchloroethylene..................
Tetrachloromethane; see Carbon tetrachloride................
Tetrachloronaphthalene......................................       1335-88-2       --        2                X
Tetraethyl lead (as Pb).....................................         78-00-2       --      0.1                X
Tetrahydrofuran.............................................        109-99-9      200      590               --
Tetramethyl lead, (as Pb)...................................         75-74-1       --     0.15                X
Tetramethyl succinonitrile..................................       3333-52-6      0.5        3                X
Tetranitromethane...........................................        509-14-8        1        8               --
Tetryl (2,4,6-Trinitrophenylmethylnitramine)................        479-45-8       --      1.5                X
Thallium, soluble compounds (as Tl).........................       7440-28-0       --      0.1                X
4,4'-Thiobis (6-tert, Butyl-m-cresol).......................         96-69-5
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Thiram......................................................        137-26-8       --        5               --
Tin, inorganic compounds (except oxides) (as Sn)............       7440-31-5       --        2               --
Tin, organic compounds (as Sn)..............................       7440-31-5       --      0.1               --
Tin oxide (as Sn)...........................................      21651-19-4       --       --               --
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Titanium dioxide............................................      13463-67-7
    Total dust..............................................  ...............      --       15               --
Toluene.....................................................        108-88-3      200      750              100
Toluene-2,4-diisocyanate (TDI)..............................        584-84-9   (C)0.02  (C)0.14              --
o-Toluidine.................................................         95-53-4        5       22                X
Toxaphene; see Chlorinated camphene.........................
Tremolite; see Silicates....................................
Tributyl phosphate..........................................        126-73-8       --        5               --
1,1,1-Trichloroethane; see Methyl chloroform................
1,1,2-Trichloroethane.......................................         79-00-5       10       45                X
Trichloroethylene...........................................         79-01-6      100      535               --
Trichloromethane; see Chloroform............................
Trichloronaphthalene........................................       1321-65-9       --        5                X
1,2,3-Trichloropropane......................................         96-18-4       50      300               --
1,1,2-Trichloro-1,2,2-trifluoroethane.......................         76-13-1     1000     7600               --
Triethylamine...............................................        121-44-8       25      100               --
Trifluorobromomethane.......................................         75-63-8     1000     6100               --
Trimethyl benzene...........................................      25551-13-7       25      120               --
2,4,6-Trinitrophenyl; see Picric acid.......................
2,4,6-Trinitrophenylmethylnitramine; see Tetryl.............
2,4,6-Trinitrotoluene (TNT).................................        118-96-7       --      1.5                X
Triorthocresyl phosphate....................................         78-30-8       --      0.1               --
Triphenyl phosphate.........................................        115-86-6       --        3               --
Tungsten (as W).............................................       7440-33-7
    Insoluble compounds.....................................  ...............      --        5               --
    Soluble compounds.......................................  ...............      --        1               --
Turpentine..................................................       8006-64-2      100      560               --
Uranium (as U)..............................................       7440-61-1
    Soluble compounds.......................................  ...............      --      0.2               --
    Insoluble compounds.....................................  ...............      --      0.2               --
Vanadium....................................................       1314-62-1
    Respirable dust (as V2 O5)..............................  ...............      --   (C)0.5               --
    Fume (as V2 O5).........................................  ...............      --   (C)0.1               --
Vegetable oil mist..........................................
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Vinyl benzene; see Styrene..................................
Vinyl chloride; see Sec.   1915.1017........................         75-01-4
Vinyl cyanide; see Acrylonitrile............................

[[Page 134]]

 
Vinyl toluene...............................................      25013-15-4      100      480               --
Warfarin....................................................         81-81-2       --      0.1               --
Xylenes (o-, m-, p-isomers).................................       1330-20-7      100      435               --
Xylidine....................................................       1300-73-8        5       25                X
Yttrium.....................................................       7440-65-5       --        1               --
Zinc chloride fume..........................................       7646-85-7       --        1               --
Zinc oxide fume.............................................       1314-13-2       --        5               --
Zinc oxide..................................................       1314-13-2
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Zinc stearate...............................................        557-05-1
    Total dust..............................................  ...............      --       15               --
    Respirable fraction.....................................  ...............      --        5               --
Zirconium compounds (as Zr).................................       7440-67-7       --        5
----------------------------------------------------------------------------------------------------------------


                              Mineral Dusts
 
                          Substance                            mppcf (j)
------------------------------------------------------------------------
SILICA:
  Crystalline...............................................     250 (k)
                                                             -----------
Quartz. Threshold Limit calculated from the formula (p).....  % SiO2 + 5
 
Cristobalite................................................
  Amorphous, including natural diatomaceous earth...........          20
SILICATES (less than 1% crystalline silica)
  Mica......................................................          20
  Portland cement...........................................          50
  Soapstone.................................................          20
  Talc (non-asbestiform)....................................          20
  Talc (fibrous), use asbestos limit........................          --
 
Graphite (natural)..........................................          15
------------------------------------------------------------------------
Inert or Nuisance Particulates: (m)                            50 (or 15
                                                                 mg/m\3\
                                                               whichever
                                                                  is the
                                                                smaller)
                                                                of total
                                                                dust <1%
                                                                    SiO2
------------------------------------------------------------------------
  Conversion factors........................................
mppcf x 35.3 = million particles per cubic meter = particles
 per c.c.


 
 
------------------------------------------------------------------------
 
 Footnotes to Table Z--Shipyards:
\1\ [Reserved]
\2\ See Mineral Dusts Table.
\3\ Use Asbestos Limit Sec.   1915.1001.
\4\ See 1915.1001.
\5\ See Mineral Dusts table for the exposure limit for any operations or
  sectors where the exposure limit in Sec.   1915.1053 is stayed or is
  otherwise not in effect.
* The PELs are 8-hour TWAs unless otherwise noted; a (C) designation
  denotes a ceiling limit. They are to be determined from breathing-zone
  air samples.
\a\ Parts of vapor or gas per million parts of contaminated air by
  volume at 25 [deg]C and 760 torr.
\b\ Milligrams of substance per cubic meter of air. When entry is in
  this column only, the value is exact; when listed with a ppm entry, it
  is approximate.
\c\ [Reserved]
\d\ The CAS number is for information only. Enforcement is based on the
  substance name. For an entry covering more than one metal compound,
  measured as the metal, the CAS number for the metal is given--not CAS
  numbers for the individual compounds.
e	f [Reserved]
\g\ For sectors excluded from Sec.   1915.1028 the limit is 10 ppm TWA.
\h\ Where OSHA has published a proposal for a substance but has not
  issued a final rule, the proposal is referenced and the existing limit
  is published.

[[Page 135]]

 
\i\ [Reserved]
\j\ Millions of particles per cubic foot of air, based on impinger
  samples counted by light-field techniques.
\k\ The percentage of crystalline silica in the formula is the amount
  determined from airborne samples, except in those instances in which
  other methods have been shown to be applicable.
\m\ Covers all organic and inorganic particulates not otherwise
  regulated. Same as Particulates Not Otherwise Regulated.
\n\ If the exposure limit in Sec.   1915.1026 is stayed or is otherwise
  not in effect, the exposure limit is a ceiling of 0.1 mg/m\3\.
\o\ If the exposure limit in Sec.   1915.1026 is stayed or is otherwise
  not in effect, the exposure limit is 0.1 mg/m\3\ (as CrO3) as an 8-
  hour TWA.
\p\ This standard applies to any operations or sectors for which the
  respirable crystalline silica standard, 1915.1053, is stayed or
  otherwise is not in effect.
\q\ This standard applies to any operations or sectors for which the
  beryllium standard, 1915.1024, is stayed or otherwise is not in
  effect.
The 1970 TLV uses letter designations instead of a numerical value as
  follows:
A \1\ [Reserved]
A \2\ Polytetrafluoroethylene decomposition products. Because these
  products decompose in part by hydrolysis in alkaline solution, they
  can be quantitatively determined in air as fluoride to provide an
  index of exposure. No TLV is recommended pending determination of the
  toxicity of the products, but air concentrations should be minimal.
A \3\ Gasoline and/or Petroleum Distillates. The composition of these
  materials varies greatly and thus a single TLV for all types of these
  materials is no longer applicable. The content of benzene, other
  aromatics and additives should be determined to arrive at the
  appropriate TLV.
E Simple asphyxiants. The limiting factor is the available oxygen which
  shall be at least 18% and be within the requirement addressing
  explosion in subpart B of part 1915.


[58 FR 35514, July 1, 1993, as amended at 61 FR 56856, Nov. 4, 1996; 62 
FR 1619, Jan. 10, 1997; 67 FR 44545, July 3, 2002; 71 FR 10377, Feb. 28, 
2006; 71 FR 36009, June 23, 2006; 76 FR 80740, Dec. 27, 2011; 81 FR 
16874, Mar. 2 2016; 81 FR 31167, May 19, 2016; 81 FR 60273, Sept. 2, 
2016; 82 FR 2744, Jan. 9, 2017]



Sec.  1915.1001  Asbestos.

    (a) Scope and application. This section regulates asbestos exposure 
in all shipyard employment work as defined in 29 CFR part 1915, 
including but not limited to the following:
    (1) Demolition or salvage of structures, vessels, and vessel 
sections where asbestos is present;
    (2) Removal or encapsulation of materials containing asbestos;
    (3) Construction, alteration, repair, maintenance, or renovation of 
vessels, vessel sections, structures, substrates, or portions thereof, 
that contain asbestos;
    (4) Installation of products containing asbestos;
    (5) Asbestos spill/emergency cleanup; and
    (6) Transportation, disposal, storage, containment of and 
housekeeping activities involving asbestos or products containing 
asbestos, on the site or location at which construction activities are 
performed.
    (7) Coverage under this standard shall be based on the nature of the 
work operation involving asbestos exposure.
    (8) This section does not apply to asbestos-containing asphalt roof 
cements, coatings and mastics.
    (b) Definitions. Aggressive method means removal or disturbance of 
building/vessel materials by sanding, abrading, grinding, or other 
method that breaks, crumbles, or otherwise disintegrates intact ACM.
    Amended water means water to which surfactant (wetting agent) has 
been added to increase the ability of the liquid to penetrate ACM.
    Asbestos includes chrysotile, amosite, crocidolite, tremolite 
asbestos, anthophyllite asbestos, actinolite asbestos, and any of these 
minerals that has been chemically treated and/or altered. For purposes 
of this standard, asbestos includes PACM, as defined below.
    Asbestos-containing material, (ACM) means any material containing 
more than one percent asbestos.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Authorized person means any person authorized by the employer and 
required by work duties to be present in regulated areas.
    Building/facility/vessel owner is the legal entity, including a 
lessee, which exercises control over management and record keeping 
functions relating to a

[[Page 136]]

building, facility, and/or vessel in which activities covered by this 
standard take place.
    Certified Industrial Hygienist (CIH) means one certified in the 
practice of industrial hygiene by the American Board of Industrial 
Hygiene.
    Class I asbestos work means activities involving the removal of 
thermal system insulation or surfacing ACM/PACM.
    Class II asbestos work means activities involving the removal of ACM 
which is neither TSI or surfacing ACM. This includes, but is not limited 
to, the removal of asbestos-containing wallboard, floor tile and 
sheeting, roofing and siding shingles, and construction mastics.
    Class III asbestos work means repair and maintenance operations, 
where ``ACM'', including TSI and surfacing ACM and PACM, is likely to be 
disturbed.
    Class IV asbestos work means maintenance and custodial activities 
during which employees contact but do not disturb ACM or PACM and 
activities to clean up dust, waste and debris resulting from Class I, 
II, and III activities.
    Clean room means an uncontaminated room having facilities for the 
storage of employees' street clothing and uncontaminated materials and 
equipment.
    Closely resemble means that the major workplace conditions which 
have contributed to the levels of historic asbestos exposure, are no 
more protective than conditions of the current workplace.
    Competent person see qualified person.
    Critical barrier means one or more layers of plastic sealed over all 
openings into a work area or any other physical barrier sufficient to 
prevent airborne asbestos in a work area from migrating to an adjacent 
area.
    Decontamination area means an enclosed area adjacent and connected 
to the regulated area and consisting of an equipment room, shower area, 
and clean room, which is used for the decontamination of workers, 
materials, and equipment that are contaminated with asbestos.
    Demolition means the wrecking or taking out of any load-supporting 
structural member and any related razing, removing, or stripping of 
asbestos products.
    Director means the Director, National Institute for Occupational 
Safety and Health, U.S. Department of Health and Human Services, or 
designee.
    Disturbance means activities that disrupt the matrix of ACM or PACM, 
crumble or pulverize ACM or PACM, or generate visible debris from ACM or 
PACM. Disturbance includes cutting away small amounts of ACM and PACM, 
no greater than the amount which can be contained in one standard sized 
glove bag or waste bag, in order to access a building or vessel 
component. In no event shall the amount of ACM or PACM so disturbed 
exceed that which can be contained in one glove bag or waste bag which 
shall not exceed 60 inches in length and width.
    Employee exposure means that exposure to airborne asbestos that 
would occur if the employee were not using respiratory protective 
equipment.
    Equipment room (change room) means a contaminated room located 
within the decontamination area that is supplied with impermeable bags 
or containers for the disposal of contaminated protective clothing and 
equipment.
    Fiber means a particulate form of asbestos, 5 micrometers or longer, 
with a length-to-diameter ratio of at least 3 to 1.
    Glovebag means not more than a 60 x 60 inch impervious plastic bag-
like enclosure affixed around an asbestos-containing material, with 
glove-like appendages through which material and tools may be handled.
    High-efficiency particulate air (HEPA) filter means a filter capable 
of trapping and retaining at least 99.97 percent of all mono-dispersed 
particles of 0.3 micrometers in diameter.
    Homogeneous area means an area of surfacing material or thermal 
system insulation that is uniform in color and texture.
    Industrial hygienist means a professional qualified by education, 
training, and experience to anticipate, recognize, evaluate and develop 
controls for occupational health hazards.
    Intact means that the ACM has not crumbled, been pulverized, or 
otherwise deteriorated so that the asbestos is no

[[Page 137]]

longer likely to be bound with its matrix.
    Modification for purposes of paragraph (g)(6)(ii) of this section 
means a changed or altered procedure, material or component of a control 
system, which replaces a procedure, material or component of a required 
system. Omitting a procedure or component, or reducing or diminishing 
the stringency or strength of a material or component of the control 
system is not a ``modification'' for purposes of paragraph (g)(6) of 
this section.
    Negative Initial Exposure Assessment means a demonstration by the 
employer, which complies with the criteria in paragraph (f)(2)(iii) of 
this section, that employee exposure during an operation is expected to 
be consistently below the PELs.
    PACM means presumed asbestos containing material.
    Presumed asbestos containing material means thermal system 
insulation and surfacing material found in buildings, vessels, and 
vessel sections constructed no later than 1980. The designation of a 
material as ``PACM'' may be rebutted pursuant to paragraph (k)(5) of 
this section.
    Project Designer means a person who has successfully completed the 
training requirements for an abatement project designer established by 
40 U.S.C. Sec.  763.90(g).
    Qualified person means, in addition to the definition in 29 CFR 
1926.32(f), one who is capable of identifying existing asbestos hazards 
in the workplace and selecting the appropriate control strategy for 
asbestos exposure, who has the authority to take prompt corrective 
measures to eliminate them, as specified in 29 CFR 1926.32(f); in 
addition, for Class I and Class II work who is specially trained in a 
training course which meets the criteria of EPA's Model Accreditation 
Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class 
III and Class IV work, who is trained in a manner consistent with EPA 
requirements for training of local education agency maintenance and 
custodial staff as set forth at 40 CFR 763.92(a)(2).
    Regulated area means an area established by the employer to 
demarcate areas where Class I, II, and III asbestos work is conducted, 
and any adjoining area where debris and waste from such asbestos work 
accumulate; and a work area within which airborne concentrations of 
asbestos, exceed or can reasonably be expected to exceed the permissible 
exposure limit. Requirements for regulated areas are set out in 
paragraph (e) of this section.
    Removal means all operations where ACM and/or PACM is taken out or 
stripped from structures or substrates, and includes demolition 
operations.
    Renovation means the modifying of any existing vessel, vessel 
section, structure, or portion thereof.
    Repair means overhauling, rebuilding, reconstructing, or 
reconditioning of vessels, vessel sections, structures or substrates, 
including encapsulation or other repair of ACM or PACM attached to 
structures or substrates.
    Surfacing material means material that is sprayed, troweled-on or 
otherwise applied to surfaces (such as acoustical plaster on ceilings 
and fireproofing materials on structural members, or other materials on 
surfaces for acoustical, fireproofing, and other purposes).
    Surfacing ACM means surfacing material which contains more than 1% 
asbestos.
    Thermal system insulation (TSI) means ACM applied to pipes, 
fittings, boilers, breeching, tanks, ducts or other structural 
components to prevent heat loss or gain.
    Thermal system insulation ACM is thermal system insulation which 
contains more than 1% asbestos.
    (c) Permissible exposure limits (PELS)--(1) Time-weighted average 
limit (TWA). The employer shall ensure that no employee is exposed to an 
airborne concentration of asbestos in excess of 0.1 fiber per cubic 
centimeter of air as an eight (8) hour time-weighted average (TWA), as 
determined by the method prescribed in appendix A to this section, or by 
an equivalent method.
    (2) Excursion limit. The employer shall ensure that no employee is 
exposed to an airborne concentration of asbestos in excess of 1.0 fiber 
per cubic centimeter of air (1 f/cc) as averaged over a sampling period 
of thirty (30) minutes,

[[Page 138]]

as determined by the method prescribed in appendix A to this section, or 
by an equivalent method.
    (d) Multi-employer worksites. (1) On multi-employer worksites, an 
employer performing work requiring the establishment of a regulated area 
shall inform other employers on the site of the nature of the employer's 
work with asbestos and/or PACM, of the existence of and requirements 
pertaining to regulated areas, and the measures taken to ensure that 
employees of such other employers are not exposed to asbestos.
    (2) Asbestos hazards at a multi-employer worksite shall be abated by 
the contractor who created or controls the source of asbestos 
contamination. For example, if there is a significant breach of an 
enclosure containing Class I work, the employer responsible for erecting 
the enclosure shall repair the breach immediately.
    (3) In addition, all employers of employees exposed to asbestos 
hazards shall comply with applicable protective provisions to protect 
their employees. For example, if employees working immediately adjacent 
to a Class I asbestos job are exposed to asbestos due to the inadequate 
containment of such job, their employer shall either remove the 
employees from the area until the enclosure breach is repaired; or 
perform an initial exposure assessment pursuant to paragraph (f) of this 
section.
    (4) All employers of employees working adjacent to regulated areas 
established by another employer on a multi-employer worksite shall take 
steps on a daily basis to ascertain the integrity of the enclosure and/
or the effectiveness of the control method relied on by the primary 
asbestos contractor to assure that asbestos fibers do not migrate to 
such adjacent areas.
    (5) All general contractors on a shipyard project which includes 
work covered by this standard shall be deemed to exercise general 
supervisory authority over the work covered by this standard, even 
though the general contractor is not qualified to serve as the asbestos 
``qualified person'' as defined by paragraph (b) of this section. As 
supervisor of the entire project, the general contractor shall ascertain 
whether the asbestos contractor is in compliance with this standard, and 
shall require such contractor to come into compliance with this standard 
when necessary.
    (e) Regulated areas. (1) All Class I, II and III asbestos work shall 
be conducted within regulated areas. All other operations covered by 
this standard shall be conducted within a regulated area where airborne 
concentrations of asbestos exceed, or there is a reasonable possibility 
they may exceed a PEL. Regulated areas shall comply with the 
requirements of paragraphs (e) (2), (3), (4) and (5) of this section.
    (2) Demarcation. The regulated area shall be demarcated in any 
manner that minimizes the number of persons within the area and protects 
persons outside the area from exposure to airborne asbestos. Where 
critical barriers or negative pressure enclosures are used, they may 
demarcate the regulated area. Signs shall be provided and displayed 
pursuant to the requirements of paragraph (k)(7) of this section.
    (3) Access. Access to regulated areas shall be limited to authorized 
persons and to persons authorized by the Act or regulations issued 
pursuant thereto.
    (4) Respirators. All persons entering a regulated area where 
employees are required pursuant to paragraph (h)(1) of this section to 
wear respirators shall be supplied with a respirator selected in 
accordance with paragraph (h)(2) of this section.
    (5) Prohibited activities. The employer shall ensure that employees 
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the 
regulated area.
    (6) Qualified persons. The employer shall ensure that all asbestos 
work performed within regulated areas is supervised by a qualified 
person, as defined in paragraph (b) of this section. The duties of the 
qualified person are set out in paragraph (o) of this section.
    (f) Exposure assessments and monitoring--(1) General monitoring 
criteria. (i) Each employer who has a workplace or work operation where 
exposure monitoring is required under this section shall perform 
monitoring to determine accurately the airborne concentrations of 
asbestos to which employees may be exposed.
    (ii) Determinations of employee exposure shall be made from 
breathing

[[Page 139]]

zone air samples that are representative of the 8-hour TWA and 30-minute 
short-term exposures of each employee.
    (iii) Representative 8-hour TWA employee exposure shall be 
determined on the basis of one or more samples representing full-shift 
exposure for employees in each work area. Representative 30-minute 
short-term employee exposures shall be determined on the basis of one or 
more samples representing 30 minute exposures associated with operations 
that are most likely to produce exposures above the excursion limit for 
employees in each work area.
    (2) Initial exposure assessment. (i) Each employer who has a 
workplace or work operation covered by this standard shall ensure that a 
``qualified person'' conducts an exposure assessment immediately before 
or at the initiation of the operation to ascertain expected exposures 
during that operation or workplace. The assessment must be completed in 
time to comply with requirements which are triggered by exposure data or 
the lack of a ``negative exposure assessment,'' and to provide 
information necessary to assure that all control systems planned are 
appropriate for that operation and will work properly.
    (ii) Basis of initial exposure assessment. Unless a negative 
exposure assessment has been made pursuant to paragraph (f)(2)(iii) of 
this section, the initial exposure assessment shall, if feasible, be 
based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this 
section. The assessment shall take into consideration both the 
monitoring results and all observations, information or calculations 
which indicate employee exposure to asbestos, including any previous 
monitoring conducted in the workplace, or of the operations of the 
employer which indicate the levels of airborne asbestos likely to be 
encountered on the job. For Class I asbestos work, until the employer 
conducts exposure monitoring and documents that employees on that job 
will not be exposed in excess of the PELs, or otherwise makes a negative 
exposure assessment pursuant to paragraph (f)(2)(iii) of this section, 
the employer shall presume that employees are exposed in excess of the 
TWA and excursion limit.
    (iii) Negative initial exposure assessment. For any one specific 
asbestos job which will be performed by employees who have been trained 
in compliance with the standard, the employer may demonstrate that 
employee exposures will be below the PELs by data which conform to the 
following criteria:
    (A) Objective data demonstrating that the product or material 
containing asbestos minerals or the activity involving such product or 
material cannot release airborne fibers in concentrations exceeding the 
TWA and excursion limit under those work conditions having the greatest 
potential for releasing asbestos; or
    (B) Where the employer has monitored prior asbestos jobs for the PEL 
and the excursion limit within 12 months of the current or projected 
job, the monitoring and analysis were performed in compliance with the 
asbestos standard in effect; and the data were obtained during work 
operations conducted under workplace conditions ``closely resembling'' 
the processes, type of material, control methods, work practices, and 
environmental conditions used and prevailing in the employer's current 
operations, the operations were conducted by employees whose training 
and experience are no more extensive than that of employees performing 
the current job, and these data show that under the conditions 
prevailing and which will prevail in the current workplace there is a 
high degree of certainty that employee exposures will not exceed the TWA 
and excursion limit; or
    (C) The results of initial exposure monitoring of the current job 
made from breathing zone air samples that are representative of the 8-
hour TWA and 30-minute short-term exposures of each employee covering 
operations which are most likely during the performance of the entire 
asbestos job to result in exposures over the PELs.
    (3) Periodic monitoring--(i) Class I and II operations. The employer 
shall conduct daily monitoring that is representative of the exposure of 
each employee who is assigned to work within a regulated area who is 
performing Class I or II work, unless the employer

[[Page 140]]

pursuant to paragraph (f)(2)(iii) of this section, has made a negative 
exposure assessment for the entire operation.
    (ii) All operations under the standard other than Class I and II 
operations. The employer shall conduct periodic monitoring of all work 
where exposures are expected to exceed a PEL, at intervals sufficient to 
document the validity of the exposure prediction.
    (iii) Exception. When all employees required to be monitored daily 
are equipped with supplied-air respirators operated in the pressure 
demand mode, or other positive pressure mode respirator, the employer 
may dispense with the daily monitoring required by this paragraph. 
However, employees performing Class I work using a control method which 
is not listed in paragraph (g)(4) (i), (ii), or (iii) of this section or 
using a modification of a listed control method, shall continue to be 
monitored daily even if they are equipped with supplied-air respirators.
    (4) Termination of monitoring. (i) If the periodic monitoring 
required by paragraph (f)(3) of this section reveals that employee 
exposures, as indicated by statistically reliable measurements, are 
below the permissible exposure limit and excursion limit the employer 
may discontinue monitoring for those employees whose exposures are 
represented by such monitoring.
    (ii) Additional monitoring. Notwithstanding the provisions of 
paragraph (f) (2) and (3), and (f)(4) of this section, the employer 
shall institute the exposure monitoring required under paragraph (f)(3) 
of this section whenever there has been a change in process, control 
equipment, personnel or work practices that may result in new or 
additional exposures above the permissible exposure limit and/or 
excursion limit or when the employer has any reason to suspect that a 
change may result in new or additional exposures above the permissible 
exposure limit and/or excursion limit. Such additional monitoring is 
required regardless of whether a ``negative exposure assessment'' was 
previously produced for a specific job.
    (5) Employee notification of monitoring results. The employer must, 
as soon as possible but no later than 5 days after the receipt of the 
results of any monitoring performed under this section, notify each 
affected employee of these results either individually in writing or by 
posting the results in an appropriate location that is accessible to 
employees.
    (6) Observation of monitoring. (i) The employer shall provide 
affected employees and their designated representatives an opportunity 
to observe any monitoring of employee exposure to asbestos conducted in 
accordance with this section.
    (ii) When observation of the monitoring of employee exposure to 
asbestos requires entry into an area where the use of protective 
clothing or equipment is required, the observer shall be provided with 
and be required to use such clothing and equipment and shall comply with 
all other applicable safety and health procedures.
    (g) Methods of compliance--(1) Engineering controls and work 
practices for all operations covered by this section. The employer shall 
use the following engineering controls and work practices in all 
operations covered by this section, regardless of the levels of 
exposure:
    (i) Vacuum cleaners equipped with HEPA filters to collect all debris 
and dust containing ACM and PACM, except as provided in paragraph 
(g)(8)(ii) of this section in the case of roofing material;
    (ii) Wet methods, or wetting agents, to control employee exposures 
during asbestos handling, mixing, removal, cutting, application, and 
cleanup, except where employers demonstrate that the use of wet methods 
is infeasible due to for example, the creation of electrical hazards, 
equipment malfunction, and, in roofing, except as provided in paragraph 
(g)(8)(ii) of this section; and
    (iii) Prompt clean-up and disposal of wastes and debris contaminated 
with asbestos in leak-tight containers except in roofing operations, 
where the procedures specified in paragraph (g)(8)(ii) of this section 
apply.
    (2) In addition to the requirements of paragraph (g)(1) of this 
section above, the employer shall use the following control methods to 
achieve compliance with the TWA permissible exposure limit and excursion 
limit prescribed by paragraph (c) of this section;

[[Page 141]]

    (i) Local exhaust ventilation equipped with HEPA filter dust 
collection systems;
    (ii) Enclosure or isolation of processes producing asbestos dust;
    (iii) Ventilation of the regulated area to move contaminated air 
away from the breathing zone of employees and toward a filtration or 
collection device equipped with a HEPA filter;
    (iv) Use of other work practices and engineering controls that the 
Assistant Secretary can show to be feasible.
    (v) Wherever the feasible engineering and work practice controls 
described above are not sufficient to reduce employee exposure to or 
below the permissible exposure limit and/or excursion limit prescribed 
in paragraph (c) of this section, the employer shall use them to reduce 
employee exposure to the lowest levels attainable by these controls and 
shall supplement them by the use of respiratory protection that complies 
with the requirements of paragraph (h) of this section.
    (3) Prohibitions. The following work practices and engineering 
controls shall not be used for work related to asbestos or for work 
which disturbs ACM or PACM, regardless of measured levels of asbestos 
exposure or the results of initial exposure assessments:
    (i) High-speed abrasive disc saws that are not equipped with point 
of cut ventilator or enclosures with HEPA filtered exhaust air.
    (ii) Compressed air used to remove asbestos, or materials containing 
asbestos, unless the compressed air is used in conjunction with an 
enclosed ventilation system designed to capture the dust cloud created 
by the compressed air.
    (iii) Dry sweeping, shoveling or other dry clean-up of dust and 
debris containing ACM and PACM.
    (iv) Employee rotation as a means of reducing employee exposure to 
asbestos.
    (4) Class I requirements. In addition to the provisions of 
paragraphs (g) (1) and (2) of this section, the following engineering 
controls and work practices and procedures shall be used.
    (i) All Class I work, including the installation and operation of 
the control system shall be supervised by a qualified person as defined 
in paragraph (b) of this section;
    (ii) For all Class I jobs involving the removal of more than 25 
linear or 10 square feet of TSI or surfacing ACM or PACM; for all other 
Class I jobs, where the employer cannot produce a negative exposure 
assessment pursuant to paragraph (f)(2)(iii) of this section, or where 
employees are working in areas adjacent to the regulated area, while the 
Class I work is being performed, the employer shall use one of the 
following methods to ensure that airborne asbestos does not migrate from 
the regulated area:
    (A) Critical barriers shall be placed over all the openings to the 
regulated area, except where activities are performed outdoors; or
    (B) The employer shall use another barrier or isolation method which 
prevents the migration of airborne asbestos from the regulated area, as 
verified by perimeter area surveillance during each work shift at each 
boundary of the regulated area, showing no visible asbestos dust; and 
perimeter area monitoring showing that clearance levels contained in 40 
CFR part 763, subpart E of the EPA Asbestos in Schools Rule are met, or 
that perimeter area levels, measured by Phase Contrast Microscopy (PCM) 
are no more than background levels representing the same area before the 
asbestos work began. The results of such monitoring shall be made known 
to the employer no later than 24 hours from the end of the work shift 
represented by such monitoring. Exception: For work completed outdoors 
where employees are not working in areas adjacent to the regulated 
areas, this paragraph (g)(4)(ii) is satisfied when the specific control 
methods in paragraph (g)(5) of this section are used.
    (iii) For all Class I jobs, HVAC systems shall be isolated in the 
regulated area by sealing with a double layer of 6 mil plastic or the 
equivalent;
    (iv) For all Class I jobs, impermeable dropcloths shall be placed on 
surfaces beneath all removal activity;
    (v) For all Class I jobs, all objects within the regulated area 
shall be covered with impermeable dropcloths or plastic sheeting which 
is secured by duct tape or an equivalent.

[[Page 142]]

    (vi) For all Class I jobs where the employer cannot produce a 
negative exposure assessment or where exposure monitoring shows the PELs 
are exceeded, the employer shall ventilate the regulated area to move 
contaminated air away from the breathing zone of employees toward a HEPA 
filtration or collection device.
    (5) Specific control systems for Class I work. In addition, Class I 
asbestos work shall be performed using one or more of the following 
control methods pursuant to the limitations stated below:
    (i) Negative pressure enclosure (NPE) systems. NPE systems may be 
used where the configuration of the work area does not make the erection 
of the enclosure infeasible, with the following specifications and work 
practices.
    (A) Specifications--(1) The negative pressure enclosure (NPE) may be 
of any configuration,
    (2) At least 4 air changes per hour shall be maintained in the NPE,
    (3) A minimum of -0.02 column inches of water pressure differential, 
relative to outside pressure, shall be maintained within the NPE as 
evidenced by manometric measurements,
    (4) The NPE shall be kept under negative pressure throughout the 
period of its use, and
    (5) Air movement shall be directed away from employees performing 
asbestos work within the enclosure, and toward a HEPA filtration or a 
collection device.
    (B) Work practices--(1) Before beginning work within the enclosure 
and at the beginning of each shift, the NPE shall be inspected for 
breaches and smoke-tested for leaks, and any leaks sealed.
    (2) Electrical circuits in the enclosure shall be deactivated, 
unless equipped with ground-fault circuit interrupters.
    (ii) Glove bag systems may be used to remove PACM and/or ACM from 
straight runs of piping and elbows and other connections with the 
following specifications and work practices:
    (A) Specifications--(1) Glovebags shall be made of 6 mil thick 
plastic and shall be seamless at the bottom.
    (2) Glovebags used on elbows and other connections must be designed 
for that purpose and used without modifications.
    (B) Work practices--(1) Each glovebag shall be installed so that it 
completely covers the circumference of pipes or other structures where 
the work is to be done.
    (2) Glovebags shall be smoke-tested for leaks and any leaks sealed 
prior to use.
    (3) Glovebags may be used only once and may not be moved.
    (4) Glovebags shall not be used on surfaces whose temperature 
exceeds 150 [deg]F.
    (5) Prior to disposal, glovebags shall be collapsed by removing air 
within them using a HEPA vacuum.
    (6) Before beginning the operation, loose and friable material 
adjacent to the glovebag/box operation shall be wrapped and sealed in 
two layers of six mil plastic or otherwise rendered intact.
    (7) Where a system uses an attached waste bag, such bag shall be 
connected to a collection bag using hose or other material which shall 
withstand the pressure of ACM waste and water without losing its 
integrity.
    (8) A sliding valve or other device shall separate the waste bag 
from the hose to ensure no exposure when the waste bag is disconnected.
    (9) At least two persons shall perform Class I glovebag removal 
operations.
    (iii) Negative pressure glove bag systems. Negative pressure glove 
bag systems may be used to remove ACM or PACM from piping.
    (A) Specifications: In addition to the specifications for glove bag 
systems above, negative pressure glove bag systems shall attach the HEPA 
vacuum system or other device to the bag to prevent collapse during 
removal.
    (B) Work practices--(1) The employer shall comply with the work 
practices for glove bag systems in paragraph (g)(5)(ii)(B)(4) of this 
section,
    (2) The HEPA vacuum cleaner or other device used to prevent collapse 
of bag during removal shall run continually during the operation until 
it is completed at which time the bag shall be collapsed prior to 
removal of the bag from the pipe.
    (3) Where a separate waste bag is used along with a collection bag 
and

[[Page 143]]

discarded after one use, the collection bag may be reused if rinsed 
clean with amended water before reuse.
    (iv) Negative pressure glove box systems. Negative pressure glove 
boxes may be used to remove ACM or PACM from pipe runs with the 
following specifications and work practices.
    (A) Specifications--(1) Glove boxes shall be constructed with rigid 
sides and made from metal or other material which can withstand the 
weight of the ACM and PACM and water used during removal:
    (2) A negative pressure generator shall be used to create negative 
pressure in the system:
    (3) An air filtration unit shall be attached to the box:
    (4) The box shall be fitted with gloved apertures:
    (5) An aperture at the base of the box shall serve as a bagging 
outlet for waste ACM and water:
    (6) A back-up generator shall be present on site:
    (7) Waste bags shall consist of 6 mil thick plastic double-bagged 
before they are filled or plastic thicker than 6 mil.
    (B) Work practices--(1) At least two persons shall perform the 
removal:
    (2) The box shall be smoke-tested for leaks and any leaks sealed 
prior to each use.
    (3) Loose or damaged ACM adjacent to the box shall be wrapped and 
sealed in two layers of 6 mil plastic prior to the job, or otherwise 
made intact prior to the job.
    (4) A HEPA filtration system shall be used to maintain pressure 
barrier in box.
    (v) Water spray process system. A water spray process system may be 
used for removal of ACM and PACM from cold line piping if, employees 
carrying out such process have completed a 40-hour separate training 
course in its use, in addition to training required for employees 
performing Class I work. The system shall meet the following 
specifications and shall be performed by employees using the following 
work practices.
    (A) Specifications--(1) Piping from which insulation will be removed 
shall be surrounded on 3 sides by rigid framing,
    (2) A 360 degree water spray, delivered through nozzles supplied by 
a high pressure separate water line, shall be formed around the piping.
    (3) The spray shall collide to form a fine aerosol which provides a 
liquid barrier between workers and the ACM and PACM.
    (B) Work practices--(1) The system shall be run for at least 10 
minutes before removal begins.
    (2) All removal shall take place within the barrier.
    (3) The system shall be operated by at least three persons, one of 
whom shall not perform removal but shall check equipment, and ensure 
proper operation of the system.
    (4) After removal, the ACM and PACM shall be bagged while still 
inside the water barrier.
    (vi) A small walk-in enclosure which accommodates no more than two 
persons (mini-enclosure) may be used if the disturbance or removal can 
be completely contained by the enclosure, with the following 
specifications and work practices.
    (A) Specifications--(1) The fabricated or job-made enclosure shall 
be constructed of 6 mil plastic or equivalent:
    (2) The enclosure shall be placed under negative pressure by means 
of a HEPA filtered vacuum or similar ventilation unit:
    (B) Work practices--(1) Before use, the mini-enclosure shall be 
inspected for leaks and smoketested to detect breaches, and any breaches 
sealed.
    (2) Before reuse, the interior shall be completely washed with 
amended water and HEPA-vacuumed.
    (3) During use, air movement shall be directed away from the 
employee's breathing zone within the mini-enclosure.
    (6) Alternative control methods for Class I work. Class I work may 
be performed using a control method which is not referenced in paragraph 
(g)(5) of this section, or which modifies a control method referenced in 
paragraph (g)(5) of this section, if the following provisions are 
complied with:
    (i) The control method shall enclose, contain or isolate the 
processes or source of airborne asbestos dust, or otherwise capture or 
redirect such dust

[[Page 144]]

before it enters the breathing zone of employees.
    (ii) A certified industrial hygienist or licensed professional 
engineer who is also qualified as a project designer as defined in 
paragraph (b) of this section, shall evaluate the work area, the 
projected work practices and the engineering controls and shall certify 
in writing that: the planned control method is adequate to reduce direct 
and indirect employee exposure to below the PELs under worst-case 
conditions of use, and that the planned control method will prevent 
asbestos contamination outside the regulated area, as measured by 
clearance sampling which meets the requirements of EPA's Asbestos in 
Schools Rule issued under AHERA, or perimeter monitoring which meets the 
criteria in paragraph (g)(4)(ii)(B) of this section.
    (A) Where the TSI or surfacing material to be removed is 25 linear 
or 10 square feet or less , the evaluation required in paragraph (g)(6) 
of this section may be performed by a ``qualified person'', and may omit 
consideration of perimeter or clearance monitoring otherwise required.
    (B) The evaluation of employee exposure required in paragraph (g)(6) 
of this section, shall include and be based on sampling and analytical 
data representing employee exposure during the use of such method under 
worst-case conditions and by employees whose training and experience are 
equivalent to employees who are to perform the current job.
    (7) Work practices and engineering controls for Class II work. (i) 
All Class II work shall be supervised by a qualified person as defined 
in paragraph (b) of this section.
    (ii) For all indoor Class II jobs, where the employer has not 
produced a negative exposure assessment pursuant to paragraph 
(f)(2)(iii) of this section, or where during the job, changed conditions 
indicate there may be exposure above the PEL or where the employer does 
not remove the ACM in a substantially intact state, the employer shall 
use one of the following methods to ensure that airborne asbestos does 
not migrate from the regulated area;
    (A) Critical barriers shall be placed over all openings to the 
regulated area; or,
    (B) The employer shall use another barrier or isolation method which 
prevents the migration of airborne asbestos from the regulated area, as 
verified by perimeter area monitoring or clearance monitoring which 
meets the criteria set out in paragraph (g)(4)(ii)(B) of this section.
    (C) Impermeable dropcloths shall be placed on surfaces beneath all 
removal activity;
    (iii) [Reserved]
    (iv) All Class II asbestos work shall be performed using the work 
practices and requirements set out above in paragraph (g)(1)(i) through 
(g)(1)(iii) of this section.
    (8) Additional controls for Class II work. Class II asbestos work 
shall also be performed by complying with the work practices and 
controls designated for each type of asbestos work to be performed, set 
out in this paragraph. Where more than one control method may be used 
for a type of asbestos work, the employer may choose one or a 
combination of designated control methods. Class II work also may be 
performed using a method allowed for Class I work, except that glove 
bags and glove boxes are allowed if they fully enclose the Class II 
material to be removed.
    (i) For removing vinyl and asphalt flooring/deck materials which 
contain ACM or for which in buildings constructed not later than 1980, 
the employer has not verified the absence of ACM pursuant to paragraph 
(g)(8)(i)(I): the employer shall ensure that employees comply with the 
following work practices and that employees are trained in these 
practices pursuant to paragraph (k)(9) of this section:
    (A) Flooring/deck materials or its backing shall not be sanded.
    (B) Vacuums equipped with HEPA filter, disposable dust bag, and 
metal floor tool (no brush) shall be used to clean floors.
    (C) Resilient sheeting shall be removed by cutting with wetting of 
the snip point and wetting during delamination. Rip-up of resilient 
sheet floor material is prohibited.

[[Page 145]]

    (D) All scraping of residual adhesive and/or backing shall be 
performed using wet methods.
    (E) Dry sweeping is prohibited.
    (F) Mechanical chipping is prohibited unless performed in a negative 
pressure enclosure which meets the requirements of paragraph (g)(5)(i) 
of this section.
    (G) Tiles shall be removed intact, unless the employer demonstrates 
that intact removal is not possible.
    (H) When tiles are heated and can be removed intact, wetting may be 
omitted.
    (I) Resilient flooring/deck material in buildings/vessels 
constructed no later than 1980, including associated mastic and backing 
shall be assumed to be asbestos-containing unless an industrial 
hygienist determines that it is asbestos-free using recognized 
analytical techniques.
    (ii) For removing roofing material which contains ACM the employer 
shall ensure that the following work practices are followed:
    (A) Roofing material shall be removed in an intact state to the 
extent feasible.
    (B) Wet methods shall be used to remove roofing materials that are 
not intact, or that will be rendered not intact during removal, unless 
such wet methods are not feasible or will create safety hazards.
    (C) Cutting machines shall be continuously misted during use, unless 
a competent person determines that misting substantially decreases 
worker safety.
    (D) When removing built-up roofs with asbestos-containing roofing 
felts and an aggregate surface using a power roof cutter, all dust 
resulting from the cutting operation shall be collected by a HEPA dust 
collector, or shall be HEPA vacuumed by vacuuming along the cut line. 
When removing built-up roofs with asbestos-containing roofing felts and 
a smooth surface using a power roof cutter, the dust resulting from the 
cutting operation shall be collected either by a HEPA dust collector or 
HEPA vacuuming along the cut line, or by gently sweeping and then 
carefully and completely wiping up the still-wet dust and debris left 
along the cut line. The dust and debris shall be immediately bagged or 
placed in covered containers.
    (E) Asbestos-containing material that has been removed from a roof 
shall not be dropped or thrown to the ground. Unless the material is 
carried or passed to the ground by hand, it shall be lowered to the 
ground via covered, dust-tight chute, crane or hoist:
    (1) Any ACM that is not intact shall be lowered to the ground as 
soon as is practicable, but in any event no later than the end of the 
work shift. While the material remains on the roof it shall either be 
kept wet, placed in an impermeable waste bag, or wrapped in plastic 
sheeting.
    (2) Intact ACM shall be lowered to the ground as soon as is 
practicable, but in any event no later than the end of the work shift.
    (F) Upon being lowered, unwrapped material shall be transferred to a 
closed receptacle in such manner so as to preclude the dispersion of 
dust.
    (G) Roof level heating and ventilation air intake sources shall be 
isolated or the ventilation system shall be shut down.
    (H) Notwithstanding any other provision of this section, removal or 
repair of sections of intact roofing less than 25 square feet in area 
does not require use of wet methods or HEPA vacuuming as long as manual 
methods which do not render the material non-intact are used to remove 
the material and no visible dust is created by the removal method used. 
In determining whether a job involves less than 25 square feet, the 
employer shall include all removal and repair work performed on the same 
roof on the same day.
    (iii) When removing cementitious asbestos-containing siding and 
shingles or transite panels containing ACM on building exteriors (other 
than roofs, where paragraph (g)(8)(ii) of this section applies) the 
employer shall ensure that the following work practices are followed:
    (A) Cutting, abrading or breaking siding, shingles, or transite 
panels shall be prohibited unless the employer can demonstrate that 
methods less likely to result in asbestos fiber release cannot be used.

[[Page 146]]

    (B) Each panel or shingle shall be sprayed with amended water prior 
to removal.
    (C) Unwrapped or unbagged panels or shingles shall be immediately 
lowered to the ground via a covered dust-tight chute, crane or hoist, or 
be placed in an impervious waste bag or wrapped in plastic sheeting and 
lowered to the ground no later than the end of the work shift.
    (D) Nails shall be cut with flat, sharp instruments.
    (iv) When removing gaskets containing ACM, the employer shall ensure 
that the following work practices are followed:
    (A) If a gasket is visibly deteriorated and unlikely to be removed 
intact, removal shall be undertaken within a glovebag as described in 
paragraph (g)(5)(ii) of this section.
    (B) [Reserved]
    (C) The gasket shall be immediately placed in a disposal container.
    (D) Any scraping to remove residue must be performed wet.
    (v) When performing any other Class II removal of asbestos 
containing material for which specific controls have not been listed in 
paragraph (g)(8)(iv) (A) through (D) of this section, the employer shall 
ensure that the following work practices are complied with.
    (A) The material shall be thoroughly wetted with amended water prior 
to and during its removal.
    (B) The material shall be removed in an intact state unless the 
employer demonstrates that intact removal is not possible.
    (C) Cutting, abrading or breaking the material shall be prohibited 
unless the employer can demonstrate that methods less likely to result 
in asbestos fiber release are not feasible.
    (D) Asbestos-containing material removed, shall be immediately 
bagged or wrapped, or kept wetted until transferred to a closed 
receptacle, no later than the end of the work shift.
    (vi) Alternative work practices and controls. Instead of the work 
practices and controls listed in paragraphs (g)(8) (i) through (v) of 
this section, the employer may use different or modified engineering and 
work practice controls if the following provisions are complied with.
    (A) The employer shall demonstrate by data representing employee 
exposure during the use of such method under conditions which closely 
resemble the conditions under which the method is to be used, that 
employee exposure will not exceed the PELs under any anticipated 
circumstances.
    (B) A qualified person shall evaluate the work area, the projected 
work practices and the engineering controls, and shall certify in 
writing, that the different or modified controls are adequate to reduce 
direct and indirect employee exposure to below the PELs under all 
expected conditions of use and that the method meets the requirements of 
this standard. The evaluation shall include and be based on data 
representing employee exposure during the use of such method under 
conditions which closely resemble the conditions under which the method 
is to be used for the current job, and by employees whose training and 
experience are equivalent to employees who are to perform the current 
job.
    (9) Work practices and engineering controls for Class III asbestos 
work. Class III asbestos work shall be conducted using engineering and 
work practice controls which minimize the exposure to employees 
performing the asbestos work and to bystander employees.
    (i) The work shall be performed using wet methods.
    (ii) To the extent feasible, the work shall be performed using local 
exhaust ventilation.
    (iii) Where the disturbance involves drilling, cutting, abrading, 
sanding, chipping, breaking, or sawing of thermal system insulation or 
surfacing material, the employer shall use impermeable dropcloths and 
shall isolate the operation using mini-enclosures or glove bag systems 
pursuant to paragraph (g)(5) of this section or another isolation 
method.
    (iv) Where the employer does not demonstrate by a negative exposure 
assessment performed in compliance with paragraph (f)(2)(iii) of this 
section that the PELs will not be exceeded, or where monitoring results 
show exceedances of a PEL, the employer shall contain the area using 
impermeable dropcloths and plastic barriers or their equivalent, or 
shall isolate the

[[Page 147]]

operation using mini-enclosure or glove bag systems pursuant to 
paragraph (g)(5) of this section.
    (v) Employees performing Class III jobs which involve the 
disturbance of TSI or surfacing ACM or PACM or where the employer does 
not demonstrate by a ``negative exposure assessment'' in compliance with 
paragraph (f)(2)(iii) of this section that the PELs will not be exceeded 
or where monitoring results show exceedances of the PEL, shall wear 
respirators which are selected, used and fitted pursuant to provisions 
of paragraph (h) of this section.
    (10) Class IV asbestos work. Class IV asbestos jobs shall be 
conducted by employees trained pursuant to the asbestos awareness 
training program set out in paragraph (k)(9) of this section. In 
addition, all Class IV jobs shall be conducted in conformity with the 
requirements set out in paragraph (g)(1) of this section, mandating wet 
methods, HEPA vacuums, and prompt clean up of debris containing ACM or 
PACM.
    (i) Employees cleaning up debris and waste in a regulated area where 
respirators are required shall wear respirators which are selected, used 
and fitted pursuant to provisions of paragraph (h) of this section.
    (ii) Employers of employees cleaning up waste and debris in an area 
where friable TSI or surfacing ACM/PACM is accessible, shall assume that 
such waste and debris contain asbestos.
    (11) Specific compliance methods for brake and clutch repair--(i) 
Engineering controls and work practices for brake and clutch repair and 
service. During automotive brake and clutch inspection, disassembly, 
repair and assembly operations, the employer shall institute engineering 
controls and work practices to reduce employee exposure to materials 
containing asbestos using a negative pressure enclosure/HEPA vacuum 
system method or low pressure/wet cleaning method, which meets the 
detailed requirements set out in appendix L to this section. The 
employer may also comply using an equivalent method which follows 
written procedures which the employer demonstrates can achieve results 
equivalent to Method A. For facilities in which no more than 5 pair of 
brakes or 5 clutches are inspected, disassembled, repaired, or assembled 
per week, the method set for in paragraph [D] of appendix L to this 
section may be used.
    (ii) The employer may also comply by using an equivalent method 
which follows written procedures, which the employer demonstrates can 
achieve equivalent exposure reductions as do the two ``preferred 
methods.'' Such demonstration must include monitoring data conducted 
under workplace conditions closely resembling the process, type of 
asbestos containing materials, control method, work practices and 
environmental conditions which the equivalent method will be used, or 
objective data, which document that under all reasonably foreseeable 
conditions of brake and clutch repair applications, the method results 
in exposures which are equivalent to the methods set out in appendix L 
to this section.
    (12) Alternative methods of compliance for installation, removal, 
repair, and maintenance of certain roofing and pipeline coating 
materials. Notwithstanding any other provision of this section, an 
employer who complies with all provisions of this paragraph (g)(12) when 
installing, removing, repairing, or maintaining intact pipeline 
asphaltic wrap, or roof flashings which contain asbestos fibers 
encapsulated or coated by bituminous or resinous compounds shall be 
deemed to be in compliance with this section. If an employer does not 
comply with all provisions of this paragraph (g)(12) or if during the 
course of the job the material does not remain intact, the provisions of 
paragraph (g)(8) of this section apply instead of this paragraph 
(g)(12).
    (i) Before work begins and as needed during the job, a qualified 
person who is capable of identifying asbestos hazards in the workplace 
and selecting the appropriate control strategy for asbestos exposure, 
and who has the authority to take prompt corrective measures to 
eliminate such hazards, shall conduct an inspection of the worksite and 
determine that the roofing material is intact and will likely remain 
intact.
    (ii) All employees performing work covered by this paragraph (g)(12) 
shall be trained in a training program that

[[Page 148]]

meets the requirements of paragraph (k)(9)(viii) of this section.
    (iii) The material shall not be sanded, abraded, or ground. Manual 
methods which do not render the material non-intact shall be used.
    (iv) Material that has been removed from a roof shall not be dropped 
or thrown to the ground. Unless the material is carried or passed to the 
ground by hand, it shall be lowered to the ground via covered, dust-
tight chute, crane or hoist. All such material shall be removed from the 
roof as soon as is practicable, but in any event no later than the end 
of the work shift.
    (v) Where roofing products which have been labeled as containing 
asbestos pursuant to paragraph (k)(8) of this section are installed on 
non-residential roofs during operations covered by this paragraph 
(g)(12), the employer shall notify the building owner of the presence 
and location of such materials no later than the end of the job.
    (vi) All removal or disturbance of pipeline asphaltic wrap shall be 
performed using wet methods.
    (h) Respiratory protection--(1) General. For employees who use 
respirators required by this section, the employer must provide each 
employee an appropriate respirator that complies with the requirements 
of this paragraph. Respirators must be used in the following 
circumstances:
    (i) During all Class I asbestos jobs.
    (ii) During all Class II work where the ACM is not removed in a 
substantially intact state.
    (iii) During all Class II and III work which is not performed using 
wet methods, provided, however, that respirators need not be worn during 
removal of ACM from sloped roofs when a negative exposure assessment has 
been made and the ACM is removed in an intact state.
    (iv) During all Class II and III asbestos jobs where the employer 
does not produce a ``negative exposure assessment.''
    (v) During all Class III jobs where TSI or surfacing ACM or PACM is 
being disturbed.
    (vi) During all Class IV work performed within regulated areas where 
employees performing other work are required to wear respirators.
    (vii) During all work covered by this section where employees are 
exposed above the TWA or excursion limit.
    (viii) In emergencies.
    (2) Respirator selection. (i) Employers must select, and provide to 
employees at no cost, the appropriate respirators specified in paragraph 
(d)(3)(i)(A) of 29 CFR 1910.134; however, employers must not select or 
use filtering facepiece respirators for use against asbestos fibers.
    (ii) Employers are to provide HEPA filters for powered and non-
powered air-purifying respirators.
    (iii) Employers must:
    (A) Inform employees that they may require the employer to provide a 
tight-fitting, powered air-purifying respirator (PAPR) permitted for use 
under paragraph (h)(2)(i) of this standard instead of a negative 
pressure respirator.
    (B) Provide employees with a tight-fitting PAPR instead of a 
negative pressure respirator when the employees choose to use a tight-
fitting PAPR and it provides them with the required protection against 
asbestos.
    (iv) Employers must provide employees with an air-purifying, half 
mask respirator, other than a filtering facepiece respirator, whenever 
the employees perform:
    (A) Class II or Class III asbestos work for which no negative 
exposure assessment is available.
    (B) Class III asbestos work involving disturbance of TSI or 
surfacing ACM or PACM.
    (v) Employers must provide employees with:
    (A) A tight-fitting, powered air-purifying respirator or a full 
facepiece, supplied-air respirator operated in the pressure-demand mode 
and equipped with either HEPA egress cartridges or an auxiliary 
positive-pressure, self-contained breathing apparatus (SCBA) whenever 
the employees are in a regulated area performing Class I asbestos work 
for which a negative exposure assessment is not available and the 
exposure assessment indicates that the exposure level will be at or 
below 1 f/cc as an 8-hour time-weighted average (TWA).
    (B) A full facepiece, supplied-air respirator operated in the 
pressure-demand mode and equipped with an auxiliary positive-pressure 
SCBA whenever

[[Page 149]]

the employees are in a regulated area performing Class I asbestos work 
for which a negative exposure assessment is not available and the 
exposure assessment indicates that the exposure level will be above 1 f/
cc as an 8-hour TWA.
    (3) Respirator program. (i) When respiratory protection is used, the 
employer shall institute a respiratory protection program in accordance 
with 29 CFR 1910.134(b) through (d) (except paragraph (d)(1)(iii)), and 
(f) through (m) which covers each employee required by this section to 
use a respirator.
    (ii) No employee shall be assigned to tasks requiring the use of 
respirators if, based on his or her most recent examination, an 
examining physician determines that the employee will be unable to 
function normally wearing a respirator, or that the safety or health of 
the employee or of other employees will be impaired by the use of a 
respirator. Such employees shall be assigned to another job or given the 
opportunity to transfer to a different position, the duties of which he 
or she is able to perform with the same employer, in the same 
geographical area, and with the same seniority, status, and rate of pay 
and other job benefits he or she had just prior to such transfer, if 
such a different position is available.
    (i) Protective clothing--(1) General. The employer shall provide and 
require the use of protective clothing, such as coveralls or similar 
whole-body clothing, head coverings, gloves, and foot coverings for any 
employee exposed to airborne concentrations of asbestos that exceed the 
TWA and/or excursion limit prescribed in paragraph (c) of this section, 
or for which a required negative exposure assessment is not produced, or 
for any employee performing Class I operations which involve the removal 
of over 25 linear or 10 square feet of TSI or surfacing ACM or PACM.
    (2) Laundering. (i) The employer shall ensure that laundering of 
contaminated clothing is done so as to prevent the release of airborne 
asbestos in excess of the TWA or excursion limit prescribed in paragraph 
(c) of this section.
    (ii) Any employer who gives contaminated clothing to another person 
for laundering shall inform such person of the requirement in paragraph 
(i)(2)(i) of this section to effectively prevent the release of airborne 
asbestos in excess of the TWA excursion limit prescribed in paragraph 
(c) of this section.
    (3) The employer shall ensure that contaminated clothing is 
transported in sealed impermeable bags, or other closed, impermeable 
containers, and labeled in accordance with paragraph (k) of this 
section.
    (4) Inspection of protective clothing. (i) The qualified person 
shall examine worksuits worn by employees at least once per workshift 
for rips or tears that may occur during the performance of work.
    (ii) When rips or tears are detected while an employee is working, 
rips and tears shall be immediately mended, or the worksuit shall be 
immediately replaced.
    (j) Hygiene facilities and practices for employees. (1) Requirements 
for employees performing Class I asbestos jobs involving over 25 linear 
or 10 square feet of TSI or surfacing ACM and PACM.
    (i) Decontamination areas. For all Class I jobs involving over 25 
linear or 10 square feet of TSI or surfacing ACM or PACM, the employer 
shall establish a decontamination area that is adjacent and connected to 
the regulated area for the decontamination of such employees. The 
decontamination area shall consist of an equipment room, shower area, 
and clean room in series. The employer shall ensure that employees enter 
and exit the regulated area through the decontamination area.
    (A) Equipment room. The equipment room shall be supplied with 
impermeable, labeled bags and containers for the containment and 
disposal of contaminated protective equipment.
    (B) Shower area. Shower facilities shall be provided which comply 
with 29 CFR 1910.141(d)(3), unless the employer can demonstrate that 
they are not feasible. The showers shall be adjacent both to the 
equipment room and the clean room, unless the employer can demonstrate 
that this location is not feasible. Where the employer can demonstrate 
that it is not feasible to locate the shower between the equipment room 
and the clean room, or where the

[[Page 150]]

work is performed outdoors, or when the work involving asbestos exposure 
takes place on board a ship, the employers shall ensure that employees:
    (1) Remove asbestos contamination from their worksuits in the 
equipment room using a HEPA vacuum before proceeding to a shower that is 
not adjacent to the work area; or
    (2) Remove their contaminated worksuits in the equipment room, then 
don clean worksuits, and proceed to a shower that is not adjacent to the 
work area.
    (C) Clean change room. The clean room shall be equipped with a 
locker or appropriate storage container for each employee's use. When 
the employer can demonstrate that it is not feasible to provide a clean 
change area adjacent to the work area, or where the work is performed 
outdoors, or when the work takes place aboard a ship, the employer may 
permit employees engaged in Class I asbestos jobs to clean their 
protective clothing with a portable HEPA-equipped vacuum before such 
employees leave the regulated area. Following showering, such employees 
however must then change into street clothing in clean change areas 
provided by the employer which otherwise meet the requirements of this 
section.
    (ii) Decontamination area entry procedures. The employer shall 
ensure that employees:
    (A) Enter the decontamination area through the clean room;
    (B) Remove and deposit street clothing within a locker provided for 
their use; and
    (C) Put on protective clothing and respiratory protection before 
leaving the clean room.
    (D) Before entering the regulated area, the employer shall ensure 
that employees pass through the equipment room.
    (iii) Decontamination area exit procedures. The employer shall 
ensure that:
    (A) Before leaving the regulated area, employees shall remove all 
gross contamination and debris from their protective clothing.
    (B) Employees shall remove their protective clothing in the 
equipment room and deposit the clothing in labeled impermeable bags or 
containers.
    (C) Employees shall not remove their respirators in the equipment 
room.
    (D) Employees shall shower prior to entering the clean room.
    (E) After showering, employees shall enter the clean room before 
changing into street clothes.
    (iv) Lunch areas. Whenever food or beverages are consumed at the 
worksite where employees are performing Class I asbestos work, the 
employer shall provide lunch areas in which the airborne concentrations 
of asbestos are below the permissible exposure limit and/or excursion 
limit.
    (2) Requirements for Class I work involving less than 25 linear or 
10 square feet of TSI or surfacing and PACM, and for Class II and Class 
III asbestos work operations where exposures exceed a PEL or where there 
is no negative exposure assessment produced before the operation. (i) 
The employer shall establish an equipment room or area that is adjacent 
to the regulated area for the decontamination of employees and their 
equipment which is contaminated with asbestos which shall consist of an 
area covered by an impermeable drop cloth on the floor/deck or 
horizontal working surface.
    (ii) The area must be of sufficient size as to accommodate cleaning 
of equipment and removing personal protective equipment without 
spreading contamination beyond the area (as determined by visible 
accumulations).
    (iii) Work clothing must be cleaned with a HEPA vacuum before it is 
removed.
    (iv) All equipment and surfaces of containers filled with ACM must 
be cleaned prior to removing them from the equipment room or area.
    (v) The employer shall ensure that employees enter and exit the 
regulated area through the equipment room or area.
    (3) Requirements for Class IV work. Employers shall ensure that 
employees performing Class IV work within a regulated area comply with 
the hygiene practice required of employees performing work which has a 
higher classification within that regulated area. Otherwise employers of 
employees cleaning up debris and material which is TSI or surfacing ACM 
or identified

[[Page 151]]

as PACM shall provide decontamination facilities for such employees 
which are required by paragraph (j)(2) of this section.
    (4) Smoking in work areas. The employer shall ensure that employees 
do not smoke in work areas where they are occupationally exposed to 
asbestos because of activities in that work area.
    (k) Communication of hazards. (1) This section applies to the 
communication of information concerning asbestos hazards in shipyard 
employment activities to facilitate compliance with this standard. Most 
asbestos-related shipyard activities involve previously installed 
building materials. Building/vessel owners often are the only and/or 
best sources of information concerning them. Therefore, they, along with 
employers of potentially exposed employees, are assigned specific 
information conveying and retention duties under this section. Installed 
Asbestos Containing Building/Vessel Material: Employers and building/
vessel owners shall identify TSI and sprayed or troweled on surfacing 
materials as asbestos-containing unless the employer, by complying with 
paragraph (k)(5) of this section determines that the material is not 
asbestos-containing. Asphalt or vinyl flooring/decking material 
installed in buildings or vessels no later than 1980 must also be 
considered as asbestos containing unless the employer/owner, pursuant to 
paragraph (g)(8)(i)(I) of this section, determines it is not asbestos 
containing. If the employer or building/vessel owner has actual 
knowledge or should have known, through the exercise of due diligence, 
that materials other than TSI and sprayed-on or troweled-on surfacing 
materials are asbestos-containing, they must be treated as such. When 
communicating information to employees pursuant to this standard, owners 
and employers shall identify ``PACM'' as ACM. Additional requirements 
relating to communication of asbestos work on multi- employer worksites 
are set out in paragraph (d) of this standard.
    (2) Duties of building/vessel and facility owners. (i) Before work 
subject to this standard is begun, building/vessel and facility owners 
shall determine the presence, location, and quantity of ACM and/or PACM 
at the work site pursuant to paragraph (k)(1) of this section.
    (ii) Building/vessel and/or facility owners shall notify the 
following persons of the presence, location and quantity of ACM or PACM, 
at work sites in their buildings/facilities/vessels. Notification either 
shall be in writing or shall consist of a personal communication between 
the owner and the person to whom notification must be given or their 
authorized representatives:
    (A) Prospective employers applying or bidding for work whose 
employees reasonably can be expected to work in or adjacent to areas 
containing such material;
    (B) Employees of the owner who will work in or adjacent to areas 
containing such material:
    (C) On multi-employer worksites, all employers of employees who will 
be performing work within or adjacent to areas containing such 
materials;
    (D) Tenants who will occupy areas containing such materials.
    (3) Duties of employers whose employees perform work subject to this 
standard in or adjacent to areas containing ACM and PACM. Building/
vessel and facility owners whose employees perform such work shall 
comply with these provisions to the extent applicable.
    (i) Before work in areas containing ACM and PACM is begun, employers 
shall identify the presence, location, and quantity of ACM, and/or PACM 
therein pursuant to paragraph (k)(1) of this section.
    (ii) Before work under this standard is performed employers of 
employees who will perform such work shall inform the following persons 
of the location and quantity of ACM and/or PACM present at the worksite 
and the precautions to be taken to ensure that airborne asbestos is 
confined to the area.
    (iii) Within 10 days of the completion of such work, the employer 
whose employees have performed work subject to this standard, shall 
inform the building/vessel or facility owner and employers of employees 
who will be working in the area of the current location and quantity of 
PACM and/or ACM remaining in the former regulated area and final 
monitoring results, if any.

[[Page 152]]

    (4) In addition to the above requirements, all employers who 
discover ACM and/or PACM on a work site shall convey information 
concerning the presence, location and quantity of such newly discovered 
ACM and/or PACM to the owner and to other employers of employees working 
at the work site, within 24 hours of the discovery.
    (5) Criteria to rebut the designation of installed material as PACM. 
(i) At any time, an employer and/or building/vessel owner may 
demonstrate, for purposes of this standard, that PACM does not contain 
asbestos. Building/vessel owners and/or employers are not required to 
communicate information about the presence of building material for 
which such a demonstration pursuant to the requirements of paragraph 
(k)(5)(ii) of this section has been made. However, in all such cases, 
the information, data and analysis supporting the determination that 
PACM does not contain asbestos, shall be retained pursuant to paragraph 
(n) of this section.
    (ii) An employer or owner may demonstrate that PACM does not contain 
more than 1% asbestos by the following:
    (A) Having completed an inspection conducted pursuant to the 
requirements of AHERA (40 CFR part 763, subpart E) which demonstrates 
that the material is not ACM; or
    (B) Performing tests of the material containing PACM which 
demonstrate that no ACM is present in the material. Such tests shall 
include analysis of bulk samples collected in the manner described in 40 
CFR 763.86. The tests, evaluation and sample collection shall be 
conducted by an accredited inspector or by a CIH. Analysis of samples 
shall be performed by persons or laboratories with proficiency 
demonstrated by current successful participation in a nationally 
recognized testing program such as the National Voluntary Laboratory 
Accreditation Program (NVLAP) or the National Institute for Standards 
and Technology (NIST) or the Round Robin for bulk samples administered 
by the American Industrial Hygiene Association (AIHA), or an equivalent 
nationally-recognized round robin testing program.
    (iii) The employer and/or building/vessel owner may demonstrate that 
flooring material including associated mastic and backing does not 
contain asbestos, by a determination of an industrial hygienist based 
upon recognized analytical techniques showing that the material is not 
ACM.
    (6) At the entrance to mechanical rooms/areas in which employees 
reasonably can be expected to enter and which contain ACM and/or PACM, 
the building/vessel owner shall post signs which identify the material 
which is present, its location, and appropriate work practices which, if 
followed, will ensure that ACM and/or PACM will not be disturbed. The 
employer shall ensure, to the extent feasible, that employees who come 
in contact with these signs can comprehend them. Means to ensure 
employee comprehension may include the use of foreign languages, 
pictographs, graphics, and awareness training.
    (7) Hazard communication. (i) Labels shall be affixed to all 
products containing asbestos and to all containers containing such 
products, including waste containers. Where feasible, installed asbestos 
products shall contain a visible label.
    (ii) General. The employer shall include asbestos in the program 
established to comply with the Hazard Communication Standard (HCS) 
(Sec.  1910.1200). The employer shall ensure that each employee has 
access to labels on containers of asbestos and safety data sheets, and 
is trained in accordance with the provisions of the HCS and paragraph 
(k)(9) of this section. The employer shall ensure that at least the 
following hazards are addressed: Cancer and lung effects.
    (iii) Labels. (A) The employer shall ensure that labels of bags or 
containers of protective clothing and equipment, scrap, waste, and 
debris containing asbestos fibers bear the following information:

DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST

    (B)(1) Prior to June 1, 2015, employers may include the following 
information on raw materials, mixtures or labels of

[[Page 153]]

bags or containers of protective clothing and equipment, scrap, waste, 
and debris containing asbestos fibers in lieu of the labeling 
requirements in paragraphs (k)(7)(ii) and (k)(7)(iii)(A) of this 
section:

DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD

    (2) Labels shall also contain a warning statement against breathing 
asbestos fibers.
    (iv) The provisions for labels required in paragraph (k)(7) of this 
section do not apply where:
    (A) Asbestos fibers have been modified by a bonding agent, coating, 
binder, or other material, provided that the manufacturer can 
demonstrate that, during any reasonably foreseeable use, handling, 
storage, disposal, processing, or transportation, no airborne 
concentrations of asbestos fibers in excess of the permissible exposure 
limit and/or excursion limit will be released, or
    (B) Asbestos is present in a product in concentrations less than 1.0 
percent.
    (8) Signs. (i) Warning signs that demarcate the regulated area shall 
be provided and displayed at each location where a regulated area is 
required to be established by paragraph (e) of this section. Signs shall 
be posted at such a distance from such a location that an employee may 
read the signs and take necessary protective steps before entering the 
area marked by the signs.
    (ii) The warning signs required by this paragraph (k)(8) shall bear 
the following legend:

DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY

    (iii) In addition, where the use of respirators and protective 
clothing is required in the regulated area under this section, the 
warning signs shall include the following:

WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA

    (iv) The employer shall ensure that employees working in and 
contiguous to regulated areas comprehend the warning signs required to 
be posted by paragraph (k)(8) of this section. Means to ensure employee 
comprehension may include the use of foreign languages, pictographs, and 
graphics.
    (v) When a building/vessel owner or employer identifies previously 
installed PACM and/or ACM, labels or signs shall be affixed or posted so 
that employees will be notified of what materials contain PACM and/or 
ACM. The employer shall attach such labels in areas where they will 
clearly be noticed by employees who are likely to be exposed, such as at 
the entrance to mechanical room/areas. Signs required by paragraph 
(k)(6) of this section may be posted in lieu of labels, so long as they 
contain information required for labeling. The employer shall ensure, to 
the extent feasible, that employees who come in contact with these signs 
or labels can comprehend them. Means to ensure employee comprehension 
may include the use of foreign languages, pictographs, graphics, and 
awareness training.
    (vi) Prior to June 1, 2016, employers may use the following legend 
in lieu of that specified in paragraph (k)(8)(ii) of this section:

DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY

    (vii) Prior to June 1, 2016, employers may use the following legend 
in lieu of that specified in paragraph (k)(8)(iii) of this section:

RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

    (9) Employee information and training. (i) The employer shall train 
each employee who is likely to be exposed in excess of a PEL and each 
employee who performs Class I through IV asbestos operations in 
accordance with the requirements of this section. Training shall be 
provided at no cost to the employee. The employer shall institute a 
training program and ensure employee participation in the program.
    (ii) Training shall be provided prior to or at the time of initial 
assignment and at least annually thereafter.
    (iii) Training for Class I operations and for Class II operations 
that require the use of critical barriers (or equivalent isolation 
methods) and/or negative

[[Page 154]]

pressure enclosures under this section shall be the equivalent in 
curriculum, training method and length to the EPA Model Accreditation 
Plan (MAP) asbestos abatement workers training (40 CFR part 763, subpart 
E, appendix C).
    (iv) Training for other Class II work.
    (A) For work with asbestos containing roofing materials, flooring 
materials, siding materials, ceiling tiles, or transite panels, training 
shall include at a minimum all the elements included in paragraph 
(k)(9)(viii) of this section and in addition, the specific work 
practices and engineering controls set forth in paragraph (g) of this 
section which specifically relate to that category. Such course shall 
include ``hands-on'' training and shall take at least 8 hours.
    (B) An employee who works with more than one of the categories of 
material specified in paragraph (k)(9)(iv)(A) of this section shall 
receive training in the work practices applicable to each category of 
material that the employee removes and each removal method that the 
employee uses.
    (C) For Class II operations not involving the categories of material 
specified in paragraph (k)(9)(iv)(A) of this section, training shall be 
provided which shall include at a minimum all the elements included in 
paragraph (k)(9)(viii) of this section and in addition, the specific 
work practices and engineering controls set forth in paragraph (g) of 
this section which specifically relate to the category of material being 
removed, and shall include ``hands-on'' training in the work practices 
applicable to each category of material that the employee removes and 
each removal method that the employee uses.
    (v) Training for Class III employees shall be consistent with EPA 
requirements for training of local education agency maintenance and 
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall 
also include ``hands-on'' training and shall take at least 16 hours. 
Exception: For Class III operations for which the competent person 
determines that the EPA curriculum does not adequately cover the 
training needed to perform that activity, training shall include as a 
minimum all the elements included in paragraph (k)(9)(viii) of this 
section and in addition, the specific work practices and engineering 
controls set forth in paragraph (g) of this section which specifically 
relate to that activity, and shall include ``hands-on'' training in the 
work practices applicable to each category of material that the employee 
disturbs.
    (vi) Training for employees performing Class IV operations shall be 
consistent with EPA requirements for training of local education agency 
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). 
Such a course shall include available information concerning the 
locations of thermal system insulation and surfacing ACM/PACM, and 
asbestos-containing flooring material, or flooring material where the 
absence of asbestos has not yet been certified; and instruction in the 
recognition of damage, deterioration, and delamination of asbestos 
containing building materials. Such a course shall take at least 2 
hours.
    (vii) Training for employees who are likely to be exposed in excess 
of the PEL and who are not otherwise required to be trained under 
paragraph (k)(9) (iii) through (vi) of this section, shall meet the 
requirements of paragraph (k)(9)(viii) of this section.
    (viii) The training program shall be conducted in a manner that the 
employee is able to understand. In addition to the content required by 
the provisions in paragraphs (k)(9)(iii) through (vi) of this section, 
the employer shall ensure that each such employee is informed of the 
following:
    (A) Methods of recognizing asbestos, including the requirement in 
paragraph (k)(1) of this section to presume that certain building 
materials contain asbestos;
    (B) The health effects associated with asbestos exposure;
    (C) The relationship between smoking and asbestos in producing lung 
cancer;
    (D) The nature of operations that could result in exposure to 
asbestos, the importance of necessary protective controls to minimize 
exposure including, as applicable, engineering controls, work practices, 
respirators,

[[Page 155]]

housekeeping procedures, hygiene facilities, protective clothing, 
decontamination procedures, emergency procedures, and waste disposal 
procedures, and any necessary instruction in the use of these controls 
and procedures; where Class III and IV work will be or is performed, the 
contents of EPA 20T-2003, ``Managing Asbestos In-Place'' July 1990 or 
its equivalent in content;
    (E) The purpose, proper use, fitting instructions, and limitations 
of respirators as required by 29 CFR 1910.134;
    (F) The appropriate work practices for performing the asbestos job;
    (G) Medical surveillance program requirements;
    (H) The content of this standard including appendices;
    (I) The names, addresses and phone numbers of public health 
organizations which provide information, materials and/or conduct 
programs concerning smoking cessation. The employer may distribute the 
list of such organizations contained in appendix J to this section, to 
comply with this requirement; and
    (J) The requirements for posting signs and affixing labels and the 
meaning of the required legends for such signs and labels.
    (10) Access to training materials. (i) The employer shall make 
readily available to affected employees without cost, written materials 
relating to the employee training program, including a copy of this 
regulation.
    (ii) The employer shall provide to the Assistant Secretary and the 
Director, upon request, all information and training materials relating 
to the employee information and training program.
    (iii) The employer shall inform all employees concerning the 
availability of self-help smoking cessation program material. Upon 
employee request, the employer shall distribute such material, 
consisting of NIH Publication No, 89-1647, or equivalent self-help 
material, which is approved or published by a public health organization 
listed in appendix J to this section.
    (l) Housekeeping--(1) Vacuuming. Where vacuuming methods are 
selected, HEPA filtered vacuuming equipment must be used. The equipment 
shall be used and emptied in a manner that minimizes the reentry of 
asbestos into the workplace.
    (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, 
equipment, and contaminated clothing consigned for disposal shall be 
collected and disposed of in sealed, labeled, impermeable bags or other 
closed, labeled, impermeable containers except in roofing operations, 
where the procedures specified in paragraph (g)(8)(ii) of this section 
apply.
    (3) Care of asbestos-containing flooring/deck material. (i) All 
vinyl and asphalt flooring/deck material shall be maintained in 
accordance with this paragraph unless the building/facility owner 
demonstrates, pursuant to paragraph (g)(8)(i)(I) of this section that 
the flooring/deck does not contain asbestos.
    (ii) Sanding of flooring/deck material is prohibited.
    (iii) Stripping of finishes shall be conducted using low abrasion 
pads at speeds lower than 300 rpm and wet methods.
    (iv) Burnishing or dry buffing may be performed only on flooring/
deck which has sufficient finish so that the pad cannot contact the 
flooring/deck material.
    (4) Waste and debris and accompanying dust in an area containing 
accessible thermal system insulation or surfacing ACM/PACM or visibly 
deteriorated ACM:
    (i) Shall not be dusted or swept dry, or vacuumed without using a 
HEPA filter;
    (ii) Shall be promptly cleaned up and disposed of in leak tight 
containers.
    (m) Medical surveillance--(1) General--(i) Employees covered. (A) 
The employer shall institute a medical surveillance program for all 
employees who for a combined total of 30 or more days per year are 
engaged in Class I, II and III work or are exposed at or above a 
permissible exposure limit. For purposes of this paragraph, any day in 
which a worker engages in Class II or Class III operations or a 
combination thereof on intact material for one hour or less (taking into 
account the entire time

[[Page 156]]

spent on the removal operation, including cleanup) and, while doing so, 
adheres fully to the work practices specified in this standard, shall 
not be counted.
    (B) For employees otherwise required by this standard to wear a 
negative pressure respirator, employers shall ensure employees are 
physically able to perform the work and use the equipment. This 
determination shall be made under the supervision of a physician.
    (ii) Examination. (A) The employer shall ensure that all medical 
examinations and procedures are performed by or under the supervision of 
a licensed physician, and are provided at no cost to the employee and at 
a reasonable time and place.
    (B) Persons other than such licensed physicians who administer the 
pulmonary function testing required by this section shall complete a 
training course in spirometry sponsored by an appropriate academic or 
professional institution.
    (2) Medical examinations and consultations--(i) Frequency. The 
employer shall make available medical examinations and consultations to 
each employee covered under paragraph (m)(1)(i) of this section on the 
following schedules:
    (A) Prior to assignment of the employee to an area where negative-
pressure respirators are worn;
    (B) When the employee is assigned to an area where exposure to 
asbestos may be at or above the permissible exposure limit for 30 or 
more days per year, or engage in Class I, II, or III work for a combined 
total of 30 or more days per year, a medical examination must be given 
within 10 working days following the thirtieth day of exposure;
    (C) And at least annually thereafter.
    (D) If the examining physician determines that any of the 
examinations should be provided more frequently than specified, the 
employer shall provide such examinations to affected employees at the 
frequencies specified by the physician.
    (E) Exception: No medical examination is required of any employee if 
adequate records show that the employee has been examined in accordance 
with this paragraph within the past 1-year period.
    (ii) Content. Medical examinations made available pursuant to 
paragraphs (m)(2)(i) (A) through (m)(2)(i) (C) of this section shall 
include:
    (A) A medical and work history with special emphasis directed to the 
pulmonary, cardiovascular, and gastrointestinal systems.
    (B) On initial examination, the standardized questionnaire contained 
in part 1 of appendix D to this section and, on annual examination, the 
abbreviated standardized questionnaire contained in part 2 of appendix D 
to this section.
    (C) A physical examination directed to the pulmonary and 
gastrointestinal systems, including a 14- by 17-inch or other 
reasonably-sized standard film or digital posterior-anterior chest X-ray 
to be administered at the discretion of the physician, and pulmonary 
function tests of forced vital capacity (FVC) and forced expiratory 
volume at one second (FEV1). Classification of all chest X-
rays shall be conducted in accordance with appendix E to this section.
    (D) Any other examinations or tests deemed necessary by the 
examining physician.
    (3) Information provided to the physician. The employer shall 
provide the following information to the examining physician:
    (i) A copy of this standard and appendices D, E, and I to this 
section;
    (ii) A description of the affected employee's duties as they relate 
to the employee's exposure;
    (iii) The employee's representative exposure level or anticipated 
exposure level;
    (iv) A description of any personal protective and respiratory 
equipment used or to be used; and
    (v) Information from previous medical examinations of the affected 
employee that is not otherwise available to the examining physician.
    (4) Physician's written opinion. (i) The employer shall obtain a 
written opinion from the examining physician. This written opinion shall 
contain the results of the medical examination and shall include:
    (A) The physician's opinion as to whether the employee has any 
detected medical conditions that would place the employee at an 
increased risk of

[[Page 157]]

material health impairment from exposure to asbestos;
    (B) Any recommended limitations on the employee or on the use of 
personal protective equipment such as respirators; and
    (C) A statement that the employee has been informed by the physician 
of the results of the medical examination and of any medical conditions 
that may result from asbestos exposure.
    (D) A statement that the employee has been informed by the physician 
of the increased risk of lung cancer attributable to the combined effect 
of smoking and asbestos exposure.
    (ii) The employer shall instruct the physician not to reveal in the 
written opinion given to the employer specific findings or diagnoses 
unrelated to occupational exposure to asbestos.
    (iii) The employer shall provide a copy of the physician's written 
opinion to the affected employee within 30 days from its receipt.
    (n) Recordkeeping--(1) Objective data relied on pursuant to 
paragraph (f) of this section. (i) Where the employer has relied on 
objective data that demonstrates that products made from or containing 
asbestos or the activity involving such products or material are not 
capable of releasing fibers of asbestos in concentrations at or above 
the permissible exposure limit and/or excursion limit under the expected 
conditions of processing, use, or handling to satisfy the requirements 
of paragraph (f) of this section, the employer shall establish and 
maintain an accurate record of objective data reasonably relied upon in 
support of the exemption.
    (ii) The record shall include at least the following information:
    (A) The product qualifying for exemption;
    (B) The source of the objective data;
    (C) The testing protocol, results of testing, and/or analysis of the 
material for the release of asbestos;
    (D) A description of the operation exempted and how the data support 
the exemption; and
    (E) Other data relevant to the operations, materials, processing, or 
employee exposures covered by the exemption.
    (iii) The employer shall maintain this record for the duration of 
the employer's reliance upon such objective data.
    (2) Exposure measurements. (i) The employer shall keep an accurate 
record of all measurements taken to monitor employee exposure to 
asbestos as prescribed in paragraph (f) of this section. Note: The 
employer may utilize the services of qualified organizations such as 
industry trade associations and employee associations to maintain the 
records required by this section.
    (ii) This record shall include at least the following information:
    (A) The date of measurement;
    (B) The operation involving exposure to asbestos that is being 
monitored;
    (C) Sampling and analytical methods used and evidence of their 
accuracy;
    (D) Number, duration, and results of samples taken;
    (E) Type of protective devices worn, if any; and
    (F) Name and exposure of the employees whose exposures are 
represented.
    (iii) The employer shall maintain this record for at least thirty 
(30) years, in accordance with 29 CFR 1910.1020.
    (3) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee subject to medical 
surveillance by paragraph (m) of this section, in accordance with 29 CFR 
1910.1020.
    (ii) The record shall include at least the following information:
    (A) The name of the employee;
    (B) A copy of the employee's medical examination results, including 
the medical history, questionnaire responses, results of any tests, and 
physician's recommendations.
    (C) Physician's written opinions;
    (D) Any employee medical complaints related to exposure to asbestos; 
and
    (E) A copy of the information provided to the physician as required 
by paragraph (m) of this section.
    (iii) The employer shall ensure that this record is maintained for 
the duration of employment plus thirty (30) years, in accordance with 29 
CFR 1910.1020.
    (4) Training records. The employer shall maintain all employee 
training

[[Page 158]]

records for one (1) year beyond the last date of employment by that 
employer.
    (5) Data to rebut PACM. (i) Where the building owner and employer 
have relied on data to demonstrate that PACM is not asbestos-containing, 
such data shall be maintained for as long as they are relied upon to 
rebut the presumption.
    (ii) [Reserved]
    (6) Records of required notification. (i) Where the building/vessel 
owner has communicated and received information concerning the identity, 
location and quantity of ACM and PACM, written records of such 
notifications and their content shall be maintained by the owner for the 
duration of ownership and shall be transferred to successive owners of 
such buildings/facilities/vessels.
    (ii) [Reserved]
    (7) Availability. (i) The employer, upon written request, shall make 
all records required to be maintained by this section available to the 
Assistant Secretary and the Director for examination and copying.
    (ii) The employer, upon request, shall make any exposure records 
required by paragraphs (f) and (n) of this section available for 
examination and copying to affected employees, former employees, 
designated representatives, and the Assistant Secretary, in accordance 
with 29 CFR 1910.1020(a) through (e) and (g) through (i).
    (iii) The employer, upon request, shall make employee medical 
records required by paragraphs (m) and (n) of this section available for 
examination and copying to the subject employee, anyone having the 
specific written consent of the subject employee, and the Assistant 
Secretary, in accordance with 29 CFR 1910.1020.
    (8) Transfer of records. The employer shall comply with the 
requirements concerning transfer of records set forth in 29 CFR 
1910.1020(h).
    (o) Qualified person--(1) General. On all shipyard worksites covered 
by this standard, the employer shall designate a qualified person, 
having the qualifications and authority for ensuring worker safety and 
health required by subpart C, General Safety and Health Provisions for 
Construction (29 CFR 1926.20 through 1926.32).
    (2) Required inspections by the qualified person. Sec.  
1926.20(b)(2) which requires health and safety prevention programs to 
provide for frequent and regular inspections of the job sites, 
materials, and equipment to be made by qualified persons, is 
incorporated.
    (3) Additional inspections. In addition, the qualified person shall 
make frequent and regular inspections of the job sites, in order to 
perform the duties set out in paragraph (o)(3)(i) of this section. For 
Class I jobs, on-site inspections shall be made at least once during 
each work shift, and at any time at employee request. For Class II, III 
and IV jobs, on-site inspections shall be made at intervals sufficient 
to assess whether conditions have changed, and at any reasonable time at 
employee request.
    (i) On all worksites where employees are engaged in Class I or II 
asbestos work, the qualified person designated in accordance with 
paragraph (e)(6) of this section shall perform or supervise the 
following duties, as applicable:
    (A) Set up the regulated area, enclosure, or other containment;
    (B) Ensure (by on-site inspection) the integrity of the enclosure or 
containment;
    (C) Set up procedures to control entry to and exit from the 
enclosure and/or area;
    (D) Supervise all employee exposure monitoring required by this 
section and ensure that it is conducted as required by paragraph (f) of 
this section;
    (E) Ensure that employees working within the enclosure and/or using 
glove bags wear respirators and protective clothing as required by 
paragraphs (h) and (i) of this section;
    (F) Ensure through on-site supervision, that employees set up, use, 
and remove engineering controls, use work practices and personal 
protective equipment in compliance with all requirements;
    (G) Ensure that employees use the hygiene facilities and observe the 
decontamination procedures specified in paragraph (j) of this section;
    (H) Ensure that through on-site inspection, engineering controls are 
functioning properly and employees are using proper work practices; and

[[Page 159]]

    (I) Ensure that notification requirements in paragraph (k) of this 
section are met.
    (4) Training for the competent person. (i) For Class I and II 
asbestos work the qualified person shall be trained in all aspects of 
asbestos removal and handling, including: Abatement, installation, 
removal and handling; the contents of this standard; the identification 
of asbestos; removal procedures, where appropriate; and other practices 
for reducing the hazard. Such training shall be obtained in a 
comprehensive course for supervisors, that meets the criteria of EPA's 
Model Accreditation Plan (40 CFR part 763, subpart E, appendix C), such 
as a course conducted by an EPA-approved or state-approved training 
provider, certified by EPA or a state, or a course equivalent in 
stringency, content, and length.
    (ii) For Class III and IV asbestos work, the qualified person shall 
be trained in aspects of asbestos handling appropriate for the nature of 
the work, to include procedures for setting up glove bags and mini-
enclosures, practices for reducing asbestos exposures, use of wet 
methods, the contents of this standard, and the identification of 
asbestos. Such training shall include successful completion of a course 
that is consistent with EPA requirements for training of local education 
agency maintenance and custodial staff as set forth at 40 CFR 
763.92(a)(2), or its equivalent in stringency, content, and length. 
Qualified persons for Class III and Class IV work may also be trained 
pursuant to the requirements of paragraph (o)(4)(i) of this section.
    (p) Appendices. (1) Appendices A, C, D, and E to this section are 
incorporated as part of this section and the contents of these 
appendices are mandatory.
    (2) Appendices B, F, H, I, J, and K to this section are 
informational and are not intended to create any additional obligations 
not otherwise imposed or to detract from any existing obligations.

    Appendix A to Sec.  1915.1001--OSHA Reference Method (Mandatory)

    This mandatory appendix specifies the procedure for analyzing air 
samples for asbestos, and specifies quality control procedures that must 
be implemented by laboratories performing the analysis. The sampling and 
analytical methods described below represent the elements of the 
available monitoring methods (such as appendix B to this section, the 
most current version of the OSHA method ID-160, or the most current 
version of the NIOSH Method 7400) which OSHA considers to be essential 
to achieve adequate employee exposure monitoring while allowing 
employers to use methods that are already established within their 
organizations. All employers who are required to conduct air monitoring 
under paragraph (f) of this section are required to utilize analytical 
laboratories that use this procedure, or an equivalent method, for 
collecting and analyzing samples.

                    Sampling and Analytical Procedure

    1. The sampling medium for air samples shall be mixed cellulose 
ester filter membranes. These shall be designated by the manufacturer as 
suitable for asbestos counting. See below for rejection of blanks.
    2. The preferred collection device shall be the 25-mm diameter 
cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may 
be used if necessary but only if written justification for the need to 
use the 37-mm filter cassette accompanies the sample results in the 
employee's exposure monitoring record. Other cassettes such as the Bell-
mouth may be used within the limits of their validation. Do not reuse or 
reload cassettes for asbestos sample collection.
    3. An air flow rate between 0.5 liter/min and 5 liters/min shall be 
selected for the 25-mm cassette. If the 37-mm cassette is used, an air 
flow rate between 1 liter/min and 5 liters/min shall be selected.
    4. Where possible, a sufficient air volume for each air sample shall 
be collected to yield between 100 and 1,300 fibers per square millimeter 
on the membrane filter. If a filter darkens in appearance or if loose 
dust is seen on the filter, a second sample shall be started.
    5. Ship the samples in a rigid container with sufficient packing 
material to prevent dislodging the collected fibers. Packing material 
that has a high electrostatic charge on its surface (e.g., expanded 
polystyrene) cannot be used because such material can cause loss of 
fibers to the sides of the cassette.
    6. Calibrate each personal sampling pump before and after use with a 
representative filter cassette installed between the pump and the 
calibration devices.
    7. Personal samples shall be taken in the ``breathing zone'' of the 
employee (i.e., attached to or near the collar or lapel near the 
worker's face).
    8. Fiber counts shall be made by positive phase contrast using a 
microscope with an 8 to 10x eyepiece and a 40 to 45x objective for a 
total magnification of approximately 400x and a numerical aperture of 
0.65 to 0.75. The

[[Page 160]]

microscope shall also be fitted with a green or blue filter.
    9. The microscope shall be fitted with a Walton-Beckett eyepiece 
graticule calibrated for a field diameter of 100 micrometers (2 micrometers).
    10. The phase-shift detection limit of the microscope shall be about 
3 degrees measured using the HSE phase shift test slide as outlined 
below.
    a. Place the test slide on the microscope stage and center it under 
the phase objective.
    b. Bring the blocks of grooved lines into focus.

    Note: The slide consists of seven sets of grooved lines (ca. 20 
grooves to each block) in descending order of visibility from sets 1 to 
7, seven being the least visible. The requirements for asbestos, 
tremolite, anthophyllite, and actinolite counting are that the 
microscope optics must resolve the grooved lines in set 3 completely, 
although they may appear somewhat faint, and that the grooved lines in 
sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially 
visible but may vary slightly in visibility between microscopes. A 
microscope that fails to meet these requirements has either too low or 
too high a resolution to be used for asbestos, tremolite, anthophyllite, 
and actinolite counting.

    c. If the image deteriorates, clean and adjust the microscope 
optics. If the problem persists, consult the microscope manufacturer.
    11. Each set of samples taken will include 10% field blanks or a 
minimum of 2 field blanks. These blanks must come from the same lot as 
the filters used for sample collection. The field blank results shall be 
averaged and subtracted from the analytical results before reporting. A 
set consists of any sample or group of samples for which an evaluation 
for this standard must be made. Any samples represented by a field blank 
having a fiber count in excess of the detection limit of the method 
being used shall be rejected.
    12. The samples shall be mounted by the acetone/triacetin method or 
a method with an equivalent index of refraction and similar clarity.
    13. Observe the following counting rules.
    a. Count only fibers equal to or longer than 5 micrometers. Measure 
the length of curved fibers along the curve.
    b. In the absence of other information, count all particles as 
asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1 or 
greater.
    c. Fibers lying entirely within the boundary of the Walton-Beckett 
graticule field shall receive a count of 1. Fibers crossing the boundary 
once, having one end within the circle, shall receive the count of one 
half (\1/2\). Do not count any fiber that crosses the graticule boundary 
more than once. Reject and do not count any other fibers even though 
they may be visible outside the graticule area.
    d. Count bundles of fibers as one fiber unless individual fibers can 
be identified by observing both ends of an individual fiber.
    e. Count enough graticule fields to yield 100 fibers. Count a 
minimum of 20 fields; stop counting at 100 fields regardless of fiber 
count.
    14. Blind recounts shall be conducted at the rate of 10 percent.

                       Quality Control Procedures

    1. Intra-laboratory program. Each laboratory and/or each company 
with more than one microscopist counting slides shall establish a 
statistically designed quality assurance program involving blind 
recounts and comparisons between microscopists to monitor the 
variability of counting by each microscopist and between microscopists. 
In a company with more than one laboratory, the program shall include 
all laboratories and shall also evaluate the laboratory-to-laboratory 
variability.
    2. a. Interlaboratory program. Each laboratory analyzing asbestos, 
tremolite, anthophyllite, and actinolite samples for compliance 
determination shall implement an interlaboratory quality assurance 
program that as a minimum includes participation of at least two other 
independent laboratories. Each laboratory shall participate in round 
robin testing at least once every 6 months with at least all the other 
laboratories in its interlaboratory quality assurance group. Each 
laboratory shall submit slides typical of its own work load for use in 
this program. The round robin shall be designed and results analyzed 
using appropriate statistical methodology.
    b. All laboratories should participate in a national sample testing 
scheme such as the Proficiency Analytical Testing Program (PAT), the 
Asbestos Registry sponsored by the American Industrial Hygiene 
Association (AIHA).
    3. All individuals performing asbestos, tremolite, anthophyllite, 
and actinolite analysis must have taken the NIOSH course for sampling 
and evaluating airborne asbestos, tremolite, anthophyllite, and 
actinolite dust or an equivalent course.
    4. When the use of different microscopes contributes to differences 
between counters and laboratories, the effect of the different 
microscope shall be evaluated and the microscope shall be replaced, as 
necessary.
    5. Current results of these quality assurance programs shall be 
posted in each laboratory to keep the microscopists informed.

Appendix B to Sec.  1915.1001--Detailed Procedures for Asbestos Sampling 
                      and Analysis (Non-mandatory)

[[Page 161]]



------------------------------------------------------------------------
 
------------------------------------------------------------------------
Matrix:                                   Air
  OSHA Permissible Exposure Limits:
    Time Weighted Average...............  0.1 fiber/cc
    Excursion Level (30 minutes)........  1.0 fiber/cc
Collection Procedure:
    A known volume of air is drawn through a 25-mm diameter cassette
containing a mixed-cellulose ester filter. The cassette must be equipped
 with an electrically conductive 50-mm extension cowl. The sampling time
   and rate are chosen to give a fiber density of between 100 to 1,300
                       fibers/mm\2\ on the filter.
Recommended Sampling Rate...............  0.5 to 5.0 liters/minute (L/
                                           min)
Recommended Air Volumes:
    Minimum.............................  25 L
    Maximum.............................  2,400 L
------------------------------------------------------------------------

    Analytical Procedure: A portion of the sample filter is cleared and 
prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM) 
at 400X.
    Commercial manufacturers and products mentioned in this method are 
for descriptive use only and do not constitute endorsements by USDOL-
OSHA. Similar products from other sources can be substituted.

                             1. Introduction

    This method describes the collection of airborne asbestos fibers 
using calibrated sampling pumps with mixed-cellulose ester (MCE) filters 
and analysis by phase contrast microscopy (PCM). Some terms used are 
unique to this method and are defined below: Asbestos: A term for 
naturally occurring fibrous minerals. Asbestos includes chrysotile, 
crocidolite, amosite (cummingtonite-grunerite asbestos), tremolite 
asbestos, actinolite asbestos, anthophyllite asbestos, and any of these 
minerals that have been chemically treated and/or altered. The precise 
chemical formulation of each species will vary with the location from 
which it was mined. Nominal compositions are listed:

Chrysotile................................  Mg3Si2O5(OH)4
Crocidolite...............................  Na2Fe32 + Fe23 + Si8O22(OH)2
Amosite...................................  (Mg,Fe)7Si8O22(OH)2
Tremolite-actinolite......................  Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite.............................  (Mg,Fe)7Si8O22(OH)2
 

    Asbestos Fiber: A fiber of asbestos which meets the criteria 
specified below for a fiber.
    Aspect Ratio: The ratio of the length of a fiber to it's diameter 
(e.g. 3:1, 5:1 aspect ratios).
    Cleavage Fragments: Mineral particles formed by comminution of 
minerals, especially those characterized by parallel sides and a 
moderate aspect ratio (usually less than 20:1).
    Detection Limit: The number of fibers necessary to be 95% certain 
that the result is greater than zero.
    Differential Counting: The term applied to the practice of excluding 
certain kinds of fibers from the fiber count because they do not appear 
to be asbestos.
    Fiber: A particle that is 5 [micro]m or longer, with a length-to-
width ratio of 3 to 1 or longer.
    Field: The area within the graticule circle that is superimposed on 
the microscope image.
    Set: The samples which are taken, submitted to the laboratory, 
analyzed, and for which, interim or final result reports are generated.
    Tremolite, Anthophyllite, and Actinolite: The non-asbestos form of 
these minerals which meet the definition of a fiber. It includes any of 
these minerals that have been chemically treated and/or altered.
    Walton-Beckett Graticule: An eyepiece graticule specifically 
designed for asbestos fiber counting. It consists of a circle with a 
projected diameter of 100 2 [micro]m (area of 
about 0.00785 mm\2\) with a crosshair having tic-marks at 3-[micro]m 
intervals in one direction and 5-[micro]m in the orthogonal direction. 
There are marks around the periphery of the circle to demonstrate the 
proper sizes and shapes of fibers. This design is reproduced in figure 
1. The disk is placed in one of the microscope eyepieces so that the 
design is superimposed on the field of view.

                              1.1. History

    Early surveys to determine asbestos exposures were conducted using 
impinger counts of total dust with the counts expressed as million 
particles per cubic foot. The British Asbestos Research Council 
recommended filter membrane counting in 1969. In July 1969, the Bureau 
of Occupational Safety and Health published a filter membrane method for 
counting asbestos fibers in the United States. This method was refined 
by NIOSH and published as P & CAM 239. On May 29, 1971, OSHA specified 
filter membrane sampling with phase contrast counting for evaluation of 
asbestos exposures at work sites in the United States. The use of this 
technique was again required by OSHA in 1986. Phase contrast microscopy 
has continued to be the method of choice for the measurement of 
occupational exposure to asbestos.

[[Page 162]]

                             1.2. Principle

    Air is drawn through a MCE filter to capture airborne asbestos 
fibers. A wedge shaped portion of the filter is removed, placed on a 
glass microscope slide and made transparent. A measured area (field) is 
viewed by PCM. All the fibers meeting defined criteria for asbestos are 
counted and considered a measure of the airborne asbestos concentration.

                    1.3. Advantages and Disadvantages

    There are four main advantages of PCM over other methods:
    (1) The technique is specific for fibers. Phase contrast is a fiber 
counting technique which excludes non-fibrous particles from the 
analysis.
    (2) The technique is inexpensive and does not require specialized 
knowledge to carry out the analysis for total fiber counts.
    (3) The analysis is quick and can be performed on-site for rapid 
determination of air concentrations of asbestos fibers.
    (4) The technique has continuity with historical epidemiological 
studies so that estimates of expected disease can be inferred from long-
term determinations of asbestos exposures.
    The main disadvantage of PCM is that it does not positively identify 
asbestos fibers. Other fibers which are not asbestos may be included in 
the count unless differential counting is performed. This requires a 
great deal of experience to adequately differentiate asbestos from non-
asbestos fibers. Positive identification of asbestos must be performed 
by polarized light or electron microscopy techniques. A further 
disadvantage of PCM is that the smallest visible fibers are about 0.2 
[micro]m in diameter while the finest asbestos fibers may be as small as 
0.02 [micro]m in diameter. For some exposures, substantially more fibers 
may be present than are actually counted.

                         1.4. Workplace Exposure

    Asbestos is used by the construction industry in such products as 
shingles, floor tiles, asbestos cement, roofing felts, insulation and 
acoustical products. Non-construction uses include brakes, clutch 
facings, paper, paints, plastics, and fabrics. One of the most 
significant exposures in the workplace is the removal and encapsulation 
of asbestos in schools, public buildings, and homes. Many workers have 
the potential to be exposed to asbestos during these operations.
    About 95% of the asbestos in commercial use in the United States is 
chrysotile. Crocidolite and amosite make up most of the remainder. 
Anthophyllite and tremolite or actinolite are likely to be encountered 
as contaminants in various industrial products.

                        1.5. Physical Properties

    Asbestos fiber possesses a high tensile strength along its axis, is 
chemically inert, non-combustible, and heat resistant. It has a high 
electrical resistance and good sound absorbing properties. It can be 
weaved into cables, fabrics or other textiles, and also matted into 
asbestos papers, felts, or mats.

                      2. Range and Detection Limit

    2.1. The ideal counting range on the filter is 100 to 1,300 fibers/
mm\2\. With a Walton-Beckett graticule this range is equivalent to 0.8 
to 10 fibers/field. Using NIOSH counting statistics, a count of 0.8 
fibers/field would give an approximate coefficient of variation (CV) of 
0.13.
    2.2. The detection limit for this method is 4.0 fibers per 100 
fields or 5.5 fibers/mm\2\. This was determined using an equation to 
estimate the maximum CV possible at a specific concentration (95% 
confidence) and a Lower Control Limit of zero. The CV value was then 
used to determine a corresponding concentration from historical CV vs 
fiber relationships. As an example:

Lower Control Limit (95% Confidence) = AC--1.645(CV)(AC)

Where:

AC = Estimate of the airborne fiber concentration (fibers/cc) Setting 
          the Lower Control Limit = 0 and solving for CV:
0 = AC--1.645(CV)(AC)
CV = 0.61

    This value was compared with CV vs. count curves. The count at which 
CV = 0.61 for Leidel-Busch counting statistics (8.9.) or for an OSHA 
Salt Lake Technical Center (OSHA-SLTC) CV curve (see appendix A for 
further information) was 4.4 fibers or 3.9 fibers per 100 fields, 
respectively. Although a lower detection limit of 4 fibers per 100 
fields is supported by the OSHA-SLTC data, both data sets support the 
4.5 fibers per 100 fields value.

              3. Method Performance--Precision and Accuracy

    Precision is dependent upon the total number of fibers counted and 
the uniformity of the fiber distribution on the filter. A general rule 
is to count at least 20 and not more than 100 fields. The count is 
discontinued when 100 fibers are counted, provided that 20 fields have 
already been counted. Counting more than 100 fibers results in only a 
small gain in precision. As the total count drops below 10 fibers, an 
accelerated loss of precision is noted.
    At this time, there is no known method to determine the absolute 
accuracy of the asbestos analysis. Results of samples prepared through 
the Proficiency Analytical Testing (PAT) Program and analyzed by the 
OSHA-

[[Page 163]]

SLTC showed no significant bias when compared to PAT reference values. 
The PAT samples were analyzed from 1987 to 1989 (N = 36) and the 
concentration range was from 120 to 1,300 fibers/mm\2\.

                            4. Interferences

    Fibrous substances, if present, may interfere with asbestos 
analysis.
    Some common fibers are:

fiberglass
anhydrate
plant fibers
perlite veins
gypsum
some synthetic fibers
membrane structures
sponge spicules
diatoms
microorganism
wollastonite

    The use of electron microscopy or optical tests such as polarized 
light, and dispersion staining may be used to differentiate these 
materials from asbestos when necessary.

                               5. Sampling

                             5.1. Equipment

    5.1.1. Sample assembly (The assembly is shown in figure 3). 
Conductive filter holder consisting of a 25-mm diameter, 3-piece 
cassette having a 50-mm long electrically conductive extension cowl. 
Backup pad, 25-mm, cellulose. Membrane filter, mixed-cellulose ester 
(MCE), 25-mm, plain, white, 0.4 to 1.2-[micro]m pore size.

    Notes: (a) DO NOT RE-USE CASSETTES.
    (b) Fully conductive cassettes are required to reduce fiber loss to 
the sides of the cassette due to electrostatic attraction.
    (c) Purchase filters which have been selected by the manufacturer 
for asbestos counting or analyze representative filters for fiber 
background before use. Discard the filter lot if more than 4 fibers/100 
fields are found.
    (d) To decrease the possibility of contamination, the sampling 
system (filter-backup pad-cassette) for asbestos is usually preassembled 
by the manufacturer.
    (e) Other cassettes, such as the Bell-mouth, may be used within the 
limits of their validation.

    5.1.2. Gel bands for sealing cassettes.
    5.1.3. Sampling pump.
    Each pump must be a battery operated, self-contained unit small 
enough to be placed on the monitored employee and not interfere with the 
work being performed. The pump must be capable of sampling at the 
collection rate for the required sampling time.
    5.1.4. Flexible tubing, 6-mm bore.
    5.1.5. Pump calibration.
    Stopwatch and bubble tube/burette or electronic meter.

                         5.2. Sampling Procedure

    5.2.1. Seal the point where the base and cowl of each cassette meet 
with a gel band or tape.
    5.2.2. Charge the pumps completely before beginning.
    5.2.3. Connect each pump to a calibration cassette with an 
appropriate length of 6-mm bore plastic tubing. Do not use luer 
connectors--the type of cassette specified above has built-in adapters.
    5.2.4. Select an appropriate flow rate for the situation being 
monitored. The sampling flow rate must be between 0.5 and 5.0 L/min for 
personal sampling and is commonly set between 1 and 2 L/min. Always 
choose a flow rate that will not produce overloaded filters.
    5.2.5. Calibrate each sampling pump before and after sampling with a 
calibration cassette in-line (Note: This calibration cassette should be 
from the same lot of cassettes used for sampling). Use a primary 
standard (e.g. bubble burette) to calibrate each pump. If possible, 
calibrate at the sampling site.

    Note: If sampling site calibration is not possible, environmental 
influences may affect the flow rate. The extent is dependent on the type 
of pump used. Consult with the pump manufacturer to determine dependence 
on environmental influences. If the pump is affected by temperature and 
pressure changes, correct the flow rate by using the formula shown in 
the section ``Sampling Pump Flow Rate Corrections'' at the end of this 
appendix.

    5.2.6. Connect each pump to the base of each sampling cassette with 
flexible tubing. Remove the end cap of each cassette and take each air 
sample open face. Assure that each sample cassette is held open side 
down in the employee's breathing zone during sampling. The distance from 
the nose/mouth of the employee to the cassette should be about 10 cm. 
Secure the cassette on the collar or lapel of the employee using spring 
clips or other similar devices.
    5.2.7. A suggested minimum air volume when sampling to determine TWA 
compliance is 25 L. For Excursion Limit (30 min sampling time) 
evaluations, a minimum air volume of 48 L is recommended.
    5.2.8. The most significant problem when sampling for asbestos is 
overloading the filter with non-asbestos dust. Suggested maximum air 
sample volumes for specific environments are:

------------------------------------------------------------------------
                 Environment                         Air vol. (L)
------------------------------------------------------------------------
Asbestos removal operations (visible dust)..  100
Asbestos removal operations (little dust)...  240
Office environments.........................  400 to 2,400
------------------------------------------------------------------------

    Caution: Do not overload the filter with dust. High levels of non-
fibrous dust particles may obscure fibers on the filter and

[[Page 164]]

lower the count or make counting impossible. If more than about 25 to 
30% of the field area is obscured with dust, the result may be biased 
low. Smaller air volumes may be necessary when there is excessive non-
asbestos dust in the air.
    While sampling, observe the filter with a small flashlight. If there 
is a visible layer of dust on the filter, stop sampling, remove and seal 
the cassette, and replace with a new sampling assembly. The total dust 
loading should not exceed 1 mg.
    5.2.9. Blank samples are used to determine if any contamination has 
occurred during sample handling. Prepare two blanks for the first 1 to 
20 samples. For sets containing greater than 20 samples, prepare blanks 
as 10% of the samples. Handle blank samples in the same manner as air 
samples with one exception: Do not draw any air through the blank 
samples. Open the blank cassette in the place where the sample cassettes 
are mounted on the employee. Hold it open for about 30 seconds. Close 
and seal the cassette appropriately. Store blanks for shipment with the 
sample cassettes.
    5.2.10. Immediately after sampling, close and seal each cassette 
with the base and plastic plugs. Do not touch or puncture the filter 
membrane as this will invalidate the analysis.
    5.2.11 Attach and secure a sample seal around each sample cassette 
in such a way as to assure that the end cap and base plugs cannot be 
removed without destroying the seal. Tape the ends of the seal together 
since the seal is not long enough to be wrapped end-to-end. Also wrap 
tape around the cassette at each joint to keep the seal secure.

                          5.3. Sample Shipment

    5.3.1. Send the samples to the laboratory with paperwork requesting 
asbestos analysis. List any known fibrous interferences present during 
sampling on the paperwork. Also, note the workplace operation(s) 
sampled.
    5.3.2. Secure and handle the samples in such that they will not 
rattle during shipment nor be exposed to static electricity. Do not ship 
samples in expanded polystyrene peanuts, vermiculite, paper shreds, or 
excelsior. Tape sample cassettes to sheet bubbles and place in a 
container that will cushion the samples in such a manner that they will 
not rattle.
    5.3.3. To avoid the possibility of sample contamination, always ship 
bulk samples in separate mailing containers.

                               6. Analysis

                         6.1. Safety Precautions

    6.1.1. Acetone is extremely flammable and precautions must be taken 
not to ignite it. Avoid using large containers or quantities of acetone. 
Transfer the solvent in a ventilated laboratory hood. Do not use acetone 
near any open flame. For generation of acetone vapor, use a spark free 
heat source.
    6.1.2. Any asbestos spills should be cleaned up immediately to 
prevent dispersal of fibers. Prudence should be exercised to avoid 
contamination of laboratory facilities or exposure of personnel to 
asbestos. Asbestos spills should be cleaned up with wet methods and/or a 
High Efficiency Particulate-Air (HEPA) filtered vacuum.
    Caution: Do not use a vacuum without a HEPA filter--It will disperse 
fine asbestos fibers in the air.

                             6.2. Equipment

    6.2.1. Phase contrast microscope with binocular or trinocular head.
    6.2.2. Widefield or Huygenian 10X eyepieces (NOTE: The eyepiece 
containing the graticule must be a focusing eyepiece. Use a 40X phase 
objective with a numerical aperture of 0.65 to 0.75).
    6.2.3. Kohler illumination (if possible) with green or blue filter.
    6.2.4. Walton-Beckett Graticule, type G-22 with 100 2 [micro]m projected diameter.
    6.2.5. Mechanical stage. A rotating mechanical stage is convenient 
for use with polarized light.
    6.2.6. Phase telescope.
    6.2.7. Stage micrometer with 0.01-mm subdivisions.
    6.2.8. Phase-shift test slide, mark II (Available from PTR optics 
Ltd., and also McCrone).
    6.2.9. Precleaned glass slides, 25 mm x 75 mm. One end can be 
frosted for convenience in writing sample numbers, etc., or paste-on 
labels can be used.
    6.2.10. Cover glass 1\1/2\.
    6.2.11. Scalpel (10, curved blade).
    6.2.12. Fine tipped forceps.
    6.2.13. Aluminum block for clearing filter (see appendix D and 
figure 4).
    6.2.14. Automatic adjustable pipette, 100- to 500-[micro]L.
    6.2.15. Micropipette, 5 [micro]L.

                              6.3. Reagents

    6.3.1. Acetone (HPLC grade).
    6.3.2. Triacetin (glycerol triacetate).
    6.3.3. Lacquer or nail polish.

                        6.4. Standard Preparation

    A way to prepare standard asbestos samples of known concentration 
has not been developed. It is possible to prepare replicate samples of 
nearly equal concentration. This has been performed through the PAT 
program. These asbestos samples are distributed by the AIHA to 
participating laboratories.
    Since only about one-fourth of a 25-mm sample membrane is required 
for an asbestos count, any PAT sample can serve as a ``standard'' for 
replicate counting.

[[Page 165]]

                          6.5. Sample Mounting

    Note: See Safety Precautions in Section 6.1. before proceeding. The 
objective is to produce samples with a smooth (non-grainy) background in 
a medium with a refractive index of approximately 1.46. The technique 
below collapses the filter for easier focusing and produces permanent 
mounts which are useful for quality control and interlaboratory 
comparison.

    An aluminum block or similar device is required for sample 
preparation.
    6.5.1. Heat the aluminum block to about 70 [deg]C. The hot block 
should not be used on any surface that can be damaged by either the heat 
or from exposure to acetone.
    6.5.2. Ensure that the glass slides and cover glasses are free of 
dust and fibers.
    6.5.3. Remove the top plug to prevent a vacuum when the cassette is 
opened. Clean the outside of the cassette if necessary. Cut the seal 
and/or tape on the cassette with a razor blade. Very carefully separate 
the base from the extension cowl, leaving the filter and backup pad in 
the base.
    6.5.4. With a rocking motion cut a triangular wedge from the filter 
using the scalpel. This wedge should be one-sixth to one-fourth of the 
filter. Grasp the filter wedge with the forceps on the perimeter of the 
filter which was clamped between the cassette pieces. DO NOT TOUCH the 
filter with your finger. Place the filter on the glass slide sample side 
up. Static electricity will usually keep the filter on the slide until 
it is cleared.
    6.5.5. Place the tip of the micropipette containing about 200 
[micro]L acetone into the aluminum block. Insert the glass slide into 
the receiving slot in the aluminum block. Inject the acetone into the 
block with slow, steady pressure on the plunger while holding the 
pipette firmly in place. Wait 3 to 5 seconds for the filter to clear, 
then remove the pipette and slide from the aluminum block.
    6.5.6. Immediately (less than 30 seconds) place 2.5 to 3.5 [micro]L 
of triacetin on the filter (Note: Waiting longer than 30 seconds will 
result in increased index of refraction and decreased contrast between 
the fibers and the preparation. This may also lead to separation of the 
cover slip from the slide).
    6.5.7. Lower a cover slip gently onto the filter at a slight angle 
to reduce the possibility of forming air bubbles. If more than 30 
seconds have elapsed between acetone exposure and triacetin application, 
glue the edges of the cover slip to the slide with lacquer or nail 
polish.
    6.5.8. If clearing is slow, warm the slide for 15 min on a hot plate 
having a surface temperature of about 50 [deg]C to hasten clearing. The 
top of the hot block can be used if the slide is not heated too long.
    6.5.9. Counting may proceed immediately after clearing and mounting 
are completed.

                          6.6. Sample Analysis

    Completely align the microscope according to the manufacturer's 
instructions. Then, align the microscope using the following general 
alignment routine at the beginning of every counting session and more 
often if necessary.

                            6.6.1. Alignment

    (1) Clean all optical surfaces. Even a small amount of dirt can 
significantly degrade the image.
    (2) Rough focus the objective on a sample.
    (3) Close down the field iris so that it is visible in the field of 
view. Focus the image of the iris with the condenser focus. Center the 
image of the iris in the field of view.
    (4) Install the phase telescope and focus on the phase rings. 
Critically center the rings. Misalignment of the rings results in 
astigmatism which will degrade the image.
    (5) Place the phase-shift test slide on the microscope stage and 
focus on the lines. The analyst must see line set 3 and should see at 
least parts of 4 and 5 but, not see line set 6 or 6. A microscope/
microscopist combination which does not pass this test may not be used.

                         6.6.2. Counting Fibers

    (1) Place the prepared sample slide on the mechanical stage of the 
microscope. Position the center of the wedge under the objective lens 
and focus upon the sample.
    (2) Start counting from one end of the wedge and progress along a 
radial line to the other end (count in either direction from perimeter 
to wedge tip). Select fields randomly, without looking into the 
eyepieces, by slightly advancing the slide in one direction with the 
mechanical stage control.
    (3) Continually scan over a range of focal planes (generally the 
upper 10 to 15 [micro]m of the filter surface) with the fine focus 
control during each field count. Spend at least 5 to 15 seconds per 
field.
    (4) Most samples will contain asbestos fibers with fiber diameters 
less than 1 [micro]m. Look carefully for faint fiber images. The small 
diameter fibers will be very hard to see. However, they are an important 
contribution to the total count.
    (5) Count only fibers equal to or longer than 5 [micro]m. Measure 
the length of curved fibers along the curve.
    (6) Count fibers which have a length to width ratio of 3:1 or 
greater.
    (7) Count all the fibers in at least 20 fields. Continue counting 
until either 100 fibers are counted or 100 fields have been viewed; 
whichever occurs first. Count all the fibers in the final field.
    (8) Fibers lying entirely within the boundary of the Walton-Beckett 
graticule field shall receive a count of 1. Fibers crossing the boundary 
once, having one end within the

[[Page 166]]

circle shall receive a count of \1/2\. Do not count any fiber that 
crosses the graticule boundary more than once. Reject and do not count 
any other fibers even though they may be visible outside the graticule 
area. If a fiber touches the circle, it is considered to cross the line.
    (9) Count bundles of fibers as one fiber unless individual fibers 
can be clearly identified and each individual fiber is clearly not 
connected to another counted fiber. See figure 1 for counting 
conventions.
    (10) Record the number of fibers in each field in a consistent way 
such that filter non-uniformity can be assessed.
    (11) Regularly check phase ring alignment.
    (12) When an agglomerate (mass of material) covers more than 25% of 
the field of view, reject the field and select another. Do not include 
it in the number of fields counted.
    (13) Perform a ``blind recount'' of 1 in every 10 filter wedges 
(slides). Re-label the slides using a person other than the original 
counter.

                        6.7. Fiber Identification

    As previously mentioned in Section 1.3., PCM does not provide 
positive confirmation of asbestos fibers. Alternate differential 
counting techniques should be used if discrimination is desirable. 
Differential counting may include primary discrimination based on 
morphology, polarized light analysis of fibers, or modification of PCM 
data by Scanning Electron or Transmission Electron Microscopy.
    A great deal of experience is required to routinely and correctly 
perform differential counting. It is discouraged unless it is legally 
necessary. Then, only if a fiber is obviously not asbestos should it be 
excluded from the count. Further discussion of this technique can be 
found in reference 8.10.
    If there is a question whether a fiber is asbestos or not, follow 
the rule:
    ``WHEN IN DOUBT, COUNT.''

         6.8. Analytical Recommendations--Quality Control System

    6.8.1. All individuals performing asbestos analysis must have taken 
the NIOSH course for sampling and evaluating airborne asbestos or an 
equivalent course.
    6.8.2. Each laboratory engaged in asbestos counting shall set up a 
slide trading arrangement with at least two other laboratories in order 
to compare performance and eliminate inbreeding of error. The slide 
exchange occurs at least semiannually. The round robin results shall be 
posted where all analysts can view individual analyst's results.
    6.8.3. Each laboratory engaged in asbestos counting shall 
participate in the Proficiency Analytical Testing Program, the Asbestos 
Analyst Registry or equivalent.
    6.8.4. Each analyst shall select and count prepared slides from a 
``slide bank''. These are quality assurance counts. The slide bank shall 
be prepared using uniformly distributed samples taken from the workload. 
Fiber densities should cover the entire range routinely analyzed by the 
laboratory. These slides are counted blind by all counters to establish 
an original standard deviation. This historical distribution is compared 
with the quality assurance counts. A counter must have 95% of all 
quality control samples counted within three standard deviations of the 
historical mean. This count is then integrated into a new historical 
mean and standard deviation for the slide.
    The analyses done by the counters to establish the slide bank may be 
used for an interim quality control program if the data are treated in a 
proper statistical fashion.

                             7. Calculations

    7.1. Calculate the estimated airborne asbestos fiber concentration 
on the filter sample using the following formula:
[GRAPHIC] [TIFF OMITTED] TR10AU94.027

Where:

AC = Airborne fiber concentration
FB = Total number of fibers greater than 5 [micro]m counted
FL = Total number of fields counted on the filter
BFB = Total number of fibers greater than 5 [micro]m counted in the 
          blank
BFL = Total number of fields counted on the blank
ECA = Effective collecting area of filter (385 mm\2\ nominal for a 25-mm 
          filter.)
FR = Pump flow rate (L/min)
MFA = Microscope count field area (mm\2\ ). This is 0.00785 mm\2\ for a 
          Walton-Beckett Graticule.
T = Sample collection time (min)
1,000 = Conversion of L to cc

    Note: The collection area of a filter is seldom equal to 385 mm\2\. 
It is appropriate for laboratories to routinely monitor the exact 
diameter using an inside micrometer. The collection area is calculated 
according to the formula:
Area = [pi](d/2) \2\

                       7.2. Short-cut Calculation

    Since a given analyst always has the same interpupillary distance, 
the number of fields per filter for a particular analyst will remain 
constant for a given size filter. The field size for that analyst is 
constant (i.e. the analyst is using an assigned microscope and is not 
changing the reticle).

[[Page 167]]

    For example, if the exposed area of the filter is always 385 mm\2\ 
and the size of the field is always 0.00785 mm\2\, the number of fields 
per filter will always be 49,000. In addition it is necessary to convert 
liters of air to cc. These three constants can then be combined such 
that ECA/(1,000 x MFA) = 49. The previous equation simplifies to:
[GRAPHIC] [TIFF OMITTED] TR10AU94.028

                        7.3. Recount Calculations

    As mentioned in step 13 of Section 6.6.2., a ``blind recount'' of 
10% of the slides is performed. In all cases, differences will be 
observed between the first and second counts of the same filter wedge. 
Most of these differences will be due to chance alone, that is, due to 
the random variability (precision) of the count method. Statistical 
recount criteria enables one to decide whether observed differences can 
be explained due to chance alone or are probably due to systematic 
differences between analysts, microscopes, or other biasing factors.
    The following recount criterion is for a pair of counts that 
estimate AC in fibers/cc. The criterion is given at the type-I error 
level. That is, there is 5% maximum risk that we will reject a pair of 
counts for the reason that one might be biased, when the large observed 
difference is really due to chance.
    Reject a pair of counts if:
    [GRAPHIC] [TIFF OMITTED] TR29JN95.001
    
Where:

AC1 = lower estimated airborne fiber concentration
AC2 = higher estimated airborne fiber concentration
ACavg = average of the two concentration estimates
CVFB = CV for the average of the two concentration estimates

    If a pair of counts are rejected by this criterion then, recount the 
rest of the filters in the submitted set. Apply the test and reject any 
other pairs failing the test. Rejection shall include a memo to the 
industrial hygienist stating that the sample failed a statistical test 
for homogeneity and the true air concentration may be significantly 
different than the reported value.

                         7.4. Reporting Results

    Report results to the industrial hygienist as fibers/cc. Use two 
significant figures. If multiple analyses are performed on a sample, an 
average of the results is to be reported unless any of the results can 
be rejected for cause.

                              8. References

    8.1. Dreesen, W.C., et al, U.S. Public Health Service: A Study of 
Asbestosis in the Asbestos Textile Industry, (Public Health Bulletin No. 
241), US Treasury Dept., Washington, DC, 1938.
    8.2. Asbestos Research Council: The Measurement of Airborne Asbestos 
Dust by the Membrane Filter Method (Technical Note), Asbestos Research 
Council, Rockdale, Lancashire, Great Britain, 1969.
    8.3. Bayer, S.G., Zumwalde, R.D., Brown, T.A., Equipment and 
Procedure for Mounting Millipore Filters and Counting Asbestos Fibers by 
Phase Contrast Microscopy, Bureau of Occupational Health, U.S. Dept. of 
Health, Education and Welfare, Cincinnati,OH,1969.
    8.4. NIOSH Manual of Analytical Methods, 2nd ed., Vol. 1 (DHEW/NIOSH 
Pub. No. 77-157-A). National Institute for Occupational Safety and 
Health, Cincinnati, OH, 1977.pp.239-1-239-21.
    8.5. Asbestos, Code of Federal Regulations 29 CFR 1910.1001. 1971.
    8.6. Occupational Exposure to Asbestos, Tremolite, Anthophyllite, 
and Actinolite. Final Rule, Federal Register 51: 119 (20 June 1986). 
pp.22612-22790.
    8.7. Asbestos, Tremolite, Anthophyllite, and Actinolite, Code of 
Federal Regulations 1910.1001. 1988. pp 711-752.
    8.8. Criteria for a Recommended Standard--Occupational Exposure to 
Asbestos (DHEW/NIOSH Pub. No. HSM 72-10267), National Institute for 
Occupational Safety and Health NIOSH, Cincinnati, OH, 1972. pp. III-1-
III-24.
    8.9. Leidel, N.A., Bayer, S.G., Zumwalde, R.D., Busch, K.A., USPHS/
NIOSH Membrane Filter Method for Evaluating Airborne Asbestos Fibers 
(DHEW/NIOSH Pub. No. 79-127). National Institute for Occupational Safety 
and Health, Cincinnati, OH, 1979.
    8.10. Dixon, W.C., Applications of Optical Microscopy in Analysis of 
Asbestos and Quartz, Analytical Techniques in Occupational Health 
Chemistry, edited by D.D. Dollberg and A.W. Verstuyft. Wash. D.C.: 
American Chemical Society, (ACS Symposium Series 120) 1980. pp. 13-41.

                             Quality Control

    The OSHA asbestos regulations require each laboratory to establish a 
quality control program. The following is presented as an example of how 
the OSHA-SLTC constructed its internal CV curve as part of meeting this 
requirement. Data is from 395 samples collected during OSHA compliance

[[Page 168]]

inspections and analyzed from October 1980 through April 1986.
    Each sample was counted by 2 to 5 different counters independently 
of one another. The standard deviation and the CV statistic was 
calculated for each sample. This data was then plotted on a graph of CV 
vs. fibers/mm\2\. A least squares regression was performed using the 
following equation:

CV = antilog10[A(log10(x))\2\ + 
          B(log10(x)) + C]

Where:

x = the number of fibers/mm\2\

    Application of least squares gave:

A = 0.182205
B = -0.973343
C = 0.327499

    Using these values, the equation becomes:

CV = antilog10[0.182205(log10 (x))\2\-0.973343(log 
          10(x)) + 0.327499]

                   Sampling Pump Flow Rate Corrections

    This correction is used if a difference greater than 5% in ambient 
temperature and/or pressure is noted between calibration and sampling 
sites and the pump does not compensate for the differences.
[GRAPHIC] [TIFF OMITTED] TR10AU94.030

Where:

Qact = actual flow rate
Qcal = calibrated flow rate (if a rotameter was used, the 
          rotameter value)
Pcal = uncorrected air pressure at calibration
Pact = uncorrected air pressure at sampling site
Tact = temperature at sampling site (K)
Tcal = temperature at calibration (K)

                        Walton-Beckett Graticule

    When ordering the Graticule for asbestos counting, specify the exact 
disc diameter needed to fit the ocular of the microscope and the 
diameter (mm) of the circular counting area. Instructions for measuring 
the dimensions necessary are listed:
    (1) Insert any available graticule into the focusing eyepiece and 
focus so that the graticule lines are sharp and clear.
    (2) Align the microscope.
    (3) Place a stage micrometer on the microscope object stage and 
focus the microscope on the graduated lines.
    (4) Measure the magnified grid length, PL ([micro]m), using the 
stage micrometer.
    (5) Remove the graticule from the microscope and measure its actual 
grid length, AL (mm). This can be accomplished by using a mechanical 
stage fitted with verniers, or a jeweler's loupe with a direct reading 
scale.
    (6) Let D = 100 [micro]m. Calculate the circle diameter, 
dc (mm), for the Walton-Beckett graticule and specify the 
diameter when making a purchase:
[GRAPHIC] [TIFF OMITTED] TR10AU94.031

    Example: If PL = 108 [micro]m, AL = 2.93 mm and D = 100 [micro]m, 
then,
[GRAPHIC] [TIFF OMITTED] TR10AU94.032

    (7) Each eyepiece-objective-reticle combination on the microscope 
must be calibrated. Should any of the three be changed (by zoom 
adjustment, disassembly, replacement, etc.), the combination must be 
recalibrated. Calibration may change if interpupillary distance is 
changed.
    Measure the field diameter, D (acceptable range: 100 2 [micro]m) with a stage micrometer upon receipt of the 
graticule from the manufacturer. Determine the field area (mm\2\).

Field Area = [pi](D/2)\2\
If D = 100 [micro]m = 0.1 mm, then
Field Area = [pi](0.1 mm/2)\2\ = 0.00785 mm\2\

    The Graticule is available from: Graticules Ltd., Morley Road, 
Tonbridge TN9 IRN, Kent, England (Telephone 011-44-732-359061). Also 
available from PTR Optics Ltd., 145 Newton Street, Waltham, MA 02154 
[telephone (617) 891-6000] or McCrone Accessories and Components, 2506 
S. Michigan Ave., Chicago, IL 60616 [phone (312) 842-7100]. The 
graticule is custom made for each microscope.

[[Page 169]]

[GRAPHIC] [TIFF OMITTED] TR10AU94.008


                   Counts for the Fibers in the Figure
------------------------------------------------------------------------
        Structure No.            Count              Explanation
------------------------------------------------------------------------
1 to 6.......................          1  Single fibers all contained
                                           within the circle.
7............................      \1/2\  Fiber crosses circle once.
8............................          0  Fiber too short.
9............................          2  Two crossing fibers.
10...........................          0  Fiber outside graticule.
11...........................          0  Fiber crosses graticule twice.
12...........................      \1/2\  Although split, fiber only
                                           crosses once.
------------------------------------------------------------------------

Appendix C to Sec.  1915.1001--Qualitative and Quantitative Fit Testing 
                          Procedures. Mandatory

    Employers must perform fit testing in accordance with the fit-
testing requirements of 29 CFR 1910.134(f) and the qualitative and 
quantitative fit-testing protocols and procedures specified in Appendix 
A of 29 CFR 1910.134.

    Appendix D to Sec.  1915.1001--Medical Questionnaires. Mandatory

    This mandatory appendix contains the medical questionnaires that 
must be administered to all employees who are exposed to asbestos, 
tremolite, anthophyllite, actinolite, or a combination of these minerals 
above the permissible exposure limit (0.1 f/cc), and who will therefore 
be included in

[[Page 170]]

their employer's medical surveillance program. Part 1 of the appendix 
contains the Initial Medical Questionnaire, which must be obtained for 
all new hires who will be covered by the medical surveillance 
requirements. Part 2 includes the abbreviated Periodical Medical 
Questionnaire, which must be administered to all employees who are 
provided periodic medical examinations under the medical surveillance 
provisions of the standard.

[[Page 171]]

[GRAPHIC] [TIFF OMITTED] TR14MY19.095


[[Page 172]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.096


[[Page 173]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.097


[[Page 174]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.098


[[Page 175]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.099


[[Page 176]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.100


[[Page 177]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.101


[[Page 178]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.102


[[Page 179]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.103


[[Page 180]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.104


[[Page 181]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.105


[[Page 182]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.106


[[Page 183]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.107


[[Page 184]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.108


[[Page 185]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.109


[[Page 186]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.110


[[Page 187]]


[GRAPHIC] [TIFF OMITTED] TR14MY19.111

Appendix E to Sec.  1915.1001--Classification of Chest X-Rays. Mandatory

    (a) Chest X-rays shall be classified in accordance with the 
Guidelines for the use of the ILO International Classification of 
Radiographs of Pneumoconioses (revised edition 2011) (incorporated by 
reference, see Sec.  1915.5), and recorded on a classification form 
following the format of the CDC/NIOSH (M) 2.8 form. As a minimum, the 
content within the bold lines of this form (items 1 through 4) shall be 
included. This form is not to be submitted to NIOSH.
    (b) All X-rays shall be classified only by a B-Reader, a board 
eligible/certified radiologist, or an experienced physician with known 
expertise in pneumoconioses.
    (c) Whenever classifying chest X-ray film, the physician shall have 
immediately available for reference a complete set of the ILO standard 
format radiographs provided for use with the Guidelines for the use of 
the ILO International Classification of Radiographs of Pneumoconioses 
(revised edition 2011).
    (d) Whenever classifying digitally-acquired chest X-rays, the 
physician shall have immediately available for reference a complete set 
of ILO standard digital chest radiographic

[[Page 188]]

images provided for use with the Guidelines for the Use of the ILO 
International Classification of Radiographs of Pneumoconioses (revised 
edition 2011). Classification of digitally-acquired chest X-rays shall 
be based on the viewing of images displayed as electronic copies and 
shall not be based on the viewing of hard copy printed transparencies of 
images.

 Appendix F to Sec.  1915.1001--Work Practices and Engineering Controls 
              for Class I Asbestos Operations Non-Mandatory

    This is a non-mandatory appendix to the asbestos standards for 
construction and for shipyards. It describes criteria and procedures for 
erecting and using negative pressure enclosures for Class I Asbestos 
Work, when NPEs are used as an allowable control method to comply with 
paragraph (g)(5) (i) of this section. Many small and variable details 
are involved in the erection of a negative pressure enclosure. OSHA and 
most participants in the rulemaking agreed that only the major, more 
performance oriented criteria should be made mandatory. These criteria 
are set out in paragraph (g) of this section. In addition, this appendix 
includes these mandatory specifications and procedures in its guidelines 
in order to make this appendix coherent and helpful. The mandatory 
nature of the criteria which appear in the regulatory text is not 
changed because they are included in this ``non-mandatory'' appendix. 
Similarly, the additional criteria and procedures included as guidelines 
in the appendix, do not become mandatory because mandatory criteria are 
also included in these comprehensive guidelines.
    In addition, none of the criteria, both mandatory and recommended, 
are meant to specify or imply the need for use of patented or licensed 
methods or equipment. Recommended specifications included in this 
attachment should not discourage the use of creative alternatives which 
can be shown to reliably achieve the objectives of negative-pressure 
enclosures.
    Requirements included in this appendix, cover general provisions to 
be followed in all asbestos jobs, provisions which must be followed for 
all Class I asbestos jobs, and provisions governing the construction and 
testing of negative pressure enclosures. The first category includes the 
requirement for use of wet methods, HEPA vacuums, and immediate bagging 
of waste; Class I work must conform to the following provisions:
     oversight by competent person
     use of critical barriers over all openings to 
work area
     isolation of HVAC systems
     use of impermeable dropcloths and coverage of all 
objects within regulated areas
    In addition, more specific requirements for NPEs include:
     maintenance of -0.02 inches water gauge within 
enclosure
     manometric measurements
     air movement away from employees performing 
removal work
     smoke testing or equivalent for detection of 
leaks and air direction
     deactivation of electrical circuits, if not 
provided with ground-fault circuit interrupters.

                          Planning the Project

    The standard requires that an exposure assessment be conducted 
before the asbestos job is begun Sec.  1915.1001(f)(1). Information 
needed for that assessment, includes data relating to prior similar 
jobs, as applied to the specific variables of the current job. The 
information needed to conduct the assessment will be useful in planning 
the project, and in complying with any reporting requirements under this 
standard, when significant changes are being made to a control system 
listed in the standard, [see paragraph (k) of this section], as well as 
those of USEPA (40 CFR part 61, subpart M). Thus, although the standard 
does not explicitly require the preparation of a written asbestos 
removal plan, the usual constituents of such a plan, i.e., a description 
of the enclosure, the equipment, and the procedures to be used 
throughout the project, must be determined before the enclosure can be 
erected. The following information should be included in the planning of 
the system:
    A physical description of the work area;
    A description of the approximate amount of material to be removed;
    A schedule for turning off and sealing existing ventilation systems;
    Personnel hygiene procedures;
    A description of personal protective equipment and clothing to worn 
by employees;
    A description of the local exhaust ventilation systems to be used 
and how they are to be tested;
    A description of work practices to be observed by employees;
    An air monitoring plan;
    A description of the method to be used to transport waste material; 
and
    The location of the dump site.

         Materials and Equipment Necessary for Asbestos Removal

    Although individual asbestos removal projects vary in terms of the 
equipment required to accomplish the removal of the materials, some 
equipment and materials are common to most asbestos removal operations.
    Plastic sheeting used to protect horizontal surfaces, seal HVAC 
openings or to seal vertical openings and ceilings should have a minimum 
thickness of 6 mils. Tape or other adhesive used to attach plastic 
sheeting

[[Page 189]]

should be of sufficient adhesive strength to support the weight of the 
material plus all stresses encountered during the entire duration of the 
project without becoming detached from the surface.
    Other equipment and materials which should be available at the 
beginning of each project are:
    --HEPA Filtered Vacuum is essential for cleaning the work area after 
the asbestos has been removed. It should have a long hose capable of 
reaching out-of-the-way places, such as areas above ceiling tiles, 
behind pipes, etc.
    --Portable air ventilation systems installed to provide the negative 
air pressure and air removal from the enclosure must be equipped with a 
HEPA filter. The number and capacity of units required to ventilate an 
enclosure depend on the size of the area to be ventilated. The filters 
for these systems should be designed in such a manner that they can be 
replaced when the air flow volume is reduced by the build-up of dust in 
the filtration material. Pressure monitoring devices with alarms and 
strip chart recorders attached to each system to indicate the pressure 
differential and the loss due to dust buildup on the filter are 
recommended.
--Water sprayers should be used to keep the asbestos material as 
saturated as possible during removal; the sprayers will provide a fine 
mist that minimizes the impact of the spray on the material.
--Water used to saturate the asbestos containing material can be amended 
by adding at least 15 milliliters (\1/4\ ounce) of wetting agent in 1 
liter (1 pint) of water. An example of a wetting agent is a 50/50 
mixture of polyoxyethylene ether and polyoxyethylene polyglycol ester.
--Backup power supplies are recommended, especially for ventilation 
systems.
--Shower and bath water should be with mixed hot and cold water faucets. 
Water that has been used to clean personnel or equipment should either 
be filtered or be collected and discarded as asbestos waste. Soap and 
shampoo should be provided to aid in removing dust from the workers' 
skin and hair.
--See paragraphs (h) and (i) of this section for appropriate respiratory 
protection and protective clothing.
--See paragraph (k) of this section for required signs and labels.

                         Preparing the Work Area

    Disabling HVAC Systems: The power to the heating, ventilation, and 
air conditioning systems that service the restricted area must be 
deactivated and locked off. All ducts, grills, access ports, windows and 
vents must be sealed off with two layers of plastic to prevent 
entrainment of contaminated air.
    Operating HVAC Systems in the Restricted Area: If components of a 
HVAC system located in the restricted area are connected to a system 
that will service another zone during the project, the portion of the 
duct in the restricted area must be sealed and pressurized. Necessary 
precautions include caulking the duct joints, covering all cracks and 
openings with two layers of sheeting, and pressurizing the duct 
throughout the duration of the project by restricting the return air 
flow. The power to the fan supplying the positive pressure should be 
locked ``on'' to prevent pressure loss.
    Sealing Elevators: If an elevator shaft is located in the restricted 
area, it should be either shut down or isolated by sealing with two 
layers of plastic sheeting. The sheeting should provide enough slack to 
accommodate the pressure changes in the shaft without breaking the air-
tight seal.
    Removing Mobile Objects: All movable objects should be cleaned and 
removed from the work area before an enclosure is constructed unless 
moving the objects creates a hazard. Mobile objects will be assumed to 
be contaminated and should be either cleaned with amended water and a 
HEPA vacuum and then removed from the area or wrapped and then disposed 
of as hazardous waste.
    Cleaning and Sealing Surfaces: After cleaning with water and a HEPA 
vacuum, surfaces of stationary objects should be covered with two layers 
of plastic sheeting. The sheeting should be secured with duct tape or an 
equivalent method to provide a tight seal around the object.
    Bagging Waste: In addition to the requirement for immediate bagging 
of waste for disposal, it is further recommended that the waste material 
be double-bagged and sealed in plastic bags designed for asbestos 
disposal. The bags should be stored in a waste storage area that can be 
controlled by the workers conducting the removal. Filters removed from 
air handling units and rubbish removed from the area are to be bagged 
and handled as hazardous waste.

                       Constructing the Enclosure

    The enclosure should be constructed to provide an air-tight seal 
around ducts and openings into existing ventilation systems and around 
penetrations for electrical conduits, telephone wires, water lines, 
drain pipes, etc. Enclosures should be both airtight and watertight 
except for those openings designed to provide entry and/or air flow 
control.
    Size: An enclosure should be the minimum volume to encompass all of 
the working surfaces yet allow unencumbered movement by the worker(s), 
provide unrestricted air flow past the worker(s), and ensure walking 
surfaces can be kept free of tripping hazards.
    Shape: The enclosure may be any shape that optimizes the flow of 
ventilation air past the worker(s).

[[Page 190]]

    Structural Integrity: The walls, ceilings and floors must be 
supported in such a manner that portions of the enclosure will not fall 
down during normal use.
    Openings: It is not necessary that the structure be airtight; 
openings may be designed to direct air flow. Such openings should be 
located at a distance from active removal operations. They should be 
designed to draw air into the enclosure under all anticipated 
circumstances. In the event that negative pressure is lost, they should 
be fitted with either HEPA filters to trap dust or automatic trap doors 
that prevent dust from escaping the enclosure. Openings for exits should 
be controlled by an airlock or a vestibule.
    Barrier Supports: Frames should be constructed to support all 
unsupported spans of sheeting.
    Sheeting: Walls, barriers, ceilings, and floors should be lined with 
two layers of plastic sheeting having a thickness of at least 6 mil.
    Seams: Seams in the sheeting material should be minimized to reduce 
the possibilities of accidental rips and tears in the adhesive or 
connections. All seams in the sheeting should overlap, be staggered and 
not be located at corners or wall-to- floor joints. Areas Within an 
Enclosure: Each enclosure consists of a work area, a decontamination 
area, and waste storage area. The work area where the asbestos removal 
operations occur should be separated from both the waste storage area 
and the contamination control area by physical curtains, doors, and/or 
airflow patterns that force any airborne contamination back into the 
work area.
    See paragraph (j) of Sec.  1915.1001 for requirements for hygiene 
facilities.
    During egress from the work area, each worker should step into the 
equipment room, clean tools and equipment, and remove gross 
contamination from clothing by wet cleaning and HEPA vacuuming. Before 
entering the shower area, foot coverings, head coverings, hand 
coverings, and coveralls are removed and placed in impervious bags for 
disposal or cleaning. Airline connections from airline respirators with 
HEPA disconnects and power cables from powered air-purifying respirators 
(PAPRs) will be disconnected just prior to entering the shower room.

           Establishing Negative Pressure Within the Enclosure

    Negative Pressure: Air is to be drawn into the enclosure under all 
anticipated conditions and exhausted through a HEPA filter for 24 hours 
a day during the entire duration of the project.
    Air Flow Tests: Air flow patterns will be checked before removal 
operations begin, at least once per operating shift and any time there 
is a question regarding the integrity of the enclosure. The primary test 
for air flow is to trace air currents with smoke tubes or other visual 
methods. Flow checks are made at each opening and at each doorway to 
demonstrate that air is being drawn into the enclosure and at each 
worker's position to show that air is being drawn away from the 
breathing zone.
    Monitoring Pressure Within the Enclosure: After the initial air flow 
patterns have been checked, the static pressure must be monitored within 
the enclosure. Monitoring may be made using manometers, pressure gauges, 
or combinations of these devices. It is recommended that they be 
attached to alarms and strip chart recorders at points identified by the 
design engineer.
    Corrective Actions: If the manometers or pressure gauges demonstrate 
a reduction in pressure differential below the required level, work 
should cease and the reason for the change investigated and appropriate 
changes made. The air flow patterns should be retested before work 
begins again.
    Pressure Differential: The design parameters for static pressure 
differentials between the inside and outside of enclosures typically 
range from 0.02 to 0.10 inches of water gauge, depending on conditions. 
All zones inside the enclosure must have less pressure than the ambient 
pressure outside of the enclosure (-0.02 inches water gauge 
differential). Design specifications for the differential vary according 
to the size, configuration, and shape of the enclosure as well as 
ambient and mechanical air pressure conditions around the enclosure.
    Air Flow Patterns: The flow of air past each worker shall be 
enhanced by positioning the intakes and exhaust ports to remove 
contaminated air from the worker's breathing zone, by positioning HEPA 
vacuum cleaners to draw air from the worker's breathing zone, by forcing 
relatively uncontaminated air past the worker toward an exhaust port, or 
by using a combination of methods to reduce the worker's exposure.
    Air Handling Unit Exhaust: The exhaust plume from air handling units 
should be located away from adjacent personnel and intakes for HVAC 
systems.
    Air Flow Volume: The air flow volume (cubic meters per minute) 
exhausted (removed) from the workplace must exceed the amount of makeup 
air supplied to the enclosure. The rate of air exhausted from the 
enclosure should be designed to maintain a negative pressure in the 
enclosure and air movement past each worker. The volume of air flow 
removed from the enclosure should replace the volume of the container at 
every 5 to 15 minutes. Air flow volume will need to be relatively high 
for large enclosures, enclosures with awkward shapes, enclosures with 
multiple openings, and operations employing several workers in the 
enclosure.
    Air Flow Velocity: At each opening, the air flow velocity must 
visibly ``drag'' air into

[[Page 191]]

the enclosure. The velocity of air flow within the enclosure must be 
adequate to remove airborne contamination from each worker's breathing 
zone without disturbing the asbestos-containing material on surfaces.
    Airlocks: Airlocks are mechanisms on doors and curtains that control 
the air flow patterns in the doorways. If air flow occurs, the patterns 
through doorways must be such that the air flows toward the inside of 
the enclosure. Sometimes vestibules, double doors, or double curtains 
are used to prevent air movement through the doorways. To use a 
vestibule, a worker enters a chamber by opening the door or curtain and 
then closing the entry before opening the exit door or curtain.
    Airlocks should be located between the equipment room and shower 
room, between the shower room and the clean room, and between the waste 
storage area and the outside of the enclosure. The air flow between 
adjacent rooms must be checked using smoke tubes or other visual tests 
to ensure the flow patterns draw air toward the work area without 
producing eddies.

                 Monitoring for Airborne Concentrations

    In addition to the breathing zone samples taken as outlined in 
paragraph (f) of Sec.  1915.1001 , samples of air should be taken to 
demonstrate the integrity of the enclosure, the cleanliness of the clean 
room and shower area, and the effectiveness of the HEPA filter. If the 
clean room is shown to be contaminated, the room must be relocated to an 
uncontaminated area.
    Samples taken near the exhaust of portable ventilation systems must 
be done with care.

                         General Work Practices

    Preventing dust dispersion is the primary means of controlling the 
spread of asbestos within the enclosure. Whenever practical, the point 
of removal should be isolated, enclosed, covered, or shielded from the 
workers in the area. Waste asbestos containing materials must be bagged 
during or immediately after removal; the material must remain saturated 
until the waste container is sealed.
    Waste material with sharp points or corners must be placed in hard 
air-tight containers rather than bags.
    Whenever possible, large components should be sealed in plastic 
sheeting and removed intact.
    Bags or containers of waste will be moved to the waste holding area, 
washed, and wrapped in a bag with the appropriate labels.

                         Cleaning the Work Area

    Surfaces within the work area should be kept free of visible dust 
and debris to the extent feasible. Whenever visible dust appears on 
surfaces, the surfaces within the enclosure must be cleaned by wiping 
with a wet sponge, brush, or cloth and then vacuumed with a HEPA vacuum.
    All surfaces within the enclosure should be cleaned before the 
exhaust ventilation system is deactivated and the enclosure is 
disassembled. An approved encapsulant may be sprayed onto areas after 
the visible dust has been removed.

                Appendix G to Sec.  1915.1001 [Reserved]

   Appendix H to Sec.  1915.1001--Substance Technical Information for 
                         Asbestos. Non-Mandatory

                       I. Substance Identification

    A. Substance: ``Asbestos'' is the name of a class of magnesium-
silicate minerals that occur in fibrous form. Minerals that are included 
in this group are chrysotile, crocidolite, amosite, anthophyllite 
asbestos, tremolite asbestos, and actinolite asbestos.
    B. Asbestos is and was used in the manufacture of heat-resistant 
clothing, automotive brake and clutch linings, and a variety of building 
materials including floor tiles, roofing felts, ceiling tiles, asbestos-
cement pipe and sheet, and fire-resistant drywall. Asbestos is also 
present in pipe and boiler insulation materials and in sprayed-on 
materials located on beams, in crawlspaces, and between walls.
    C. The potential for an asbestos-containing product to release 
breathable fibers depends largely on its degree of friability. Friable 
means that the material can be crumbled with hand pressure and is 
therefore likely to emit fibers. The fibrous fluffy sprayed-on materials 
used for fireproofing, insulation, or sound proofing are considered to 
be friable, and they readily release airborne fibers if disturbed. 
Materials such as vinyl-asbestos floor tile or roofing felt are 
considered non-friable if intact and generally do not emit airborne 
fibers unless subjected to sanding, sawing and other aggressive 
operations. Asbestos--cement pipe or sheet can emit airborne fibers if 
the materials are cut or sawed, or if they are broken.
    D. Permissible exposure: Exposure to airborne asbestos fibers may 
not exceed 0.1 fibers per cubic centimeter of air (0.1 f/cc) averaged 
over the 8-hour workday, and 1 fiber per cubic centimeter of air (1.0 f/
cc) averaged over a 30 minute work period.

                         II. Health Hazard Data

    A. Asbestos can cause disabling respiratory disease and various 
types of cancers if the fibers are inhaled. Inhaling or ingesting fibers 
from contaminated clothing or skin can also result in these diseases. 
The symptoms of these diseases generally do not appear for 20 or more 
years after initial exposure.
    B. Exposure to asbestos has been shown to cause lung cancer, 
mesothelioma, and cancer

[[Page 192]]

of the stomach and colon. Mesothelioma is a rare cancer of the thin 
membrane lining of the chest and abdomen. Symptoms of mesothelioma 
include shortness of breath, pain in the walls of the chest, and/or 
abdominal pain.

                III. Respirators and Protective Clothing

    A. Respirators: You are required to wear a respirator when 
performing tasks that result in asbestos exposure that exceeds the 
permissible exposure limit (PEL) of 0.1 f/cc and when performing certain 
designated operations. Air-purifying respirators equipped with a high-
efficiency particulate air (HEPA) filter can be used where airborne 
asbestos fiber concentrations do not exceed 1.0 f/cc; otherwise, more 
protective respirators such as air-supplied, positive-pressure, full 
facepiece respirators must be used. Disposable respirators or dust masks 
are not permitted to be used for asbestos work. For effective 
protection, respirators must fit your face and head snugly. Your 
employer is required to conduct a fit test when you are first assigned a 
respirator and every 6 months thereafter. Respirators should not be 
loosened or removed in work situations where their use is required.
    B. Protective Clothing: You are required to wear protective clothing 
in work areas where asbestos fiber concentrations exceed the permissible 
exposure limit (PEL) of 0.1 f/cc.

                  IV. Disposal Procedures and Clean-up

    A. Wastes that are generated by processes where asbestos is present 
include:
    1. Empty asbestos shipping containers.
    2. Process wastes such as cuttings, trimmings, or reject materials.
    3. Housekeeping waste from wet-sweeping or HEPA-vacuuming.
    4. Asbestos fireproofing or insulating material that is removed from 
buildings.
    5. Asbestos-containing building products removed during building 
renovation or demolition.
    6. Contaminated disposable protective clothing.
    B. Empty shipping bags can be flattened under exhaust hoods and 
packed into airtight containers for disposal. Empty shipping drums are 
difficult to clean and should be sealed.
    C. Vacuum bags or disposable paper filters should not be cleaned, 
but should be sprayed with a fine water mist and placed into a labeled 
waste container.
    D. Process waste and housekeeping waste should be wetted with water 
or a mixture of water and surfactant prior to packaging in disposable 
containers.
    E. Asbestos-containing material that is removed from buildings must 
be disposed of in leak-tight 6-mil plastic bags, plastic-lined cardboard 
containers, or plastic-lined metal containers. These wastes, which are 
removed while wet, should be sealed in containers before they dry out to 
minimize the release of asbestos fibers during handling.

                        V. Access to Information

    A. Each year, your employer is required to inform you of the 
information contained in this standard and appendices for asbestos. In 
addition, your employer must instruct you in the proper work practices 
for handling asbestos-containing materials, and the correct use of 
protective equipment.
    B. Your employer is required to determine whether you are being 
exposed to asbestos. Your employer must treat exposure to thermal system 
insulation and sprayed-on and troweled-on surfacing material as asbestos 
exposure, unless results of laboratory analysis show that the material 
does not contain asbestos. You or your representative has the right to 
observe employee measurements and to record the results obtained. Your 
employer is required to inform you of your exposure, and, if you are 
exposed above the permissible exposure limit, he or she is required to 
inform you of the actions that are being taken to reduce your exposure 
to within the permissible limit.
    C. Your employer is required to keep records of your exposures and 
medical examinations. These exposure records must be kept for at least 
thirty (30) years. Medical records must be kept for the period of your 
employment plus thirty (30) years.
    D. Your employer is required to release your exposure and medical 
records to your physician or designated representative upon your written 
request.

   Appendix I to Sec.  1915.1001--Medical Surveillance Guidelines for 
                         Asbestos, Non-Mandatory

                            I. Route of Entry

    Inhalation, ingestion.

                             II. Toxicology

    Clinical evidence of the adverse effects associated with exposure to 
asbestos is present in the form of several well- conducted 
epidemiological studies of occupationally exposed workers, family 
contacts of workers, and persons living near asbestos mines. These 
studies have shown a definite association between exposure to asbestos 
and an increased incidence of lung cancer, pleural and peritoneal 
mesothelioma, gastrointestinal cancer, and asbestosis. The latter is a 
disabling fibrotic lung disease that is caused only by exposure to 
asbestos. Exposure to asbestos has also been associated with an 
increased incidence of esophageal, kidney, laryngeal, pharyngeal, and 
buccal cavity cancers. As

[[Page 193]]

with other known chronic occupational diseases, disease associated with 
asbestos generally appears about 20 years following the first occurrence 
of exposure: There are no known acute effects associated with exposure 
to asbestos.
    Epidemiological studies indicate that the risk of lung cancer among 
exposed workers who smoke cigarettes is greatly increased over the risk 
of lung cancer among non-exposed smokers or exposed nonsmokers. These 
studies suggest that cessation of smoking will reduce the risk of lung 
cancer for a person exposed to asbestos but will not reduce it to the 
same level of risk as that existing for an exposed worker who has never 
smoked.

           III. Signs and Symptoms of Exposure-Related Disease

    The signs and symptoms of lung cancer or gastrointestinal cancer 
induced by exposure to asbestos are not unique, except that a chest X-
ray of an exposed patient with lung cancer may show pleural plaques, 
pleural calcification, or pleural fibrosis, and may also show asbestosis 
(i.e., small irregular parenchymal opacities). Symptoms characteristic 
of mesothelioma include shortness of breath, pain in the chest or 
abdominal pain. Mesothelioma has a much longer average latency period 
compared with lung cancer (40 years versus 15-20 years), and 
mesothelioma is therefore more likely to be found among workers who were 
first exposed to asbestos at an early age. Mesothelioma is a fatal 
disease.
    Asbestosis is pulmonary fibrosis caused by the accumulation of 
asbestos fibers in the lungs. Symptoms include shortness of breath, 
coughing, fatigue, and vague feelings of sickness. When the fibrosis 
worsens, shortness of breath occurs even at rest. The diagnosis of 
asbestosis is most commonly based on a history of exposure to asbestos, 
the presence of characteristic radiologic abnormalities, end-inspiratory 
crackles (rales), and other clinical features of fibrosing lung disease. 
Pleural plaques and thickening may be observed on chest X-rays. 
Asbestosis is often a progressive disease even in the absence of 
continued exposure, although this appears to be a highly individualized 
characteristic. In severe cases, death may be caused by respiratory or 
cardiac failure.

             IV. Surveillance and Preventive Considerations

    As noted in section III of this appendix, exposure to asbestos have 
been linked to an increased risk of lung cancer, mesothelioma, 
gastrointestinal cancer, and asbestosis among occupationally exposed 
workers. Adequate screening tests to determine an employee's potential 
for developing serious chronic diseases, such as a cancer, from exposure 
to asbestos do not presently exist. However, some tests, particularly 
chest X-rays and pulmonary function tests, may indicate that an employee 
has been overexposed to asbestos increasing his or her risk of 
developing exposure related chronic diseases. It is important for the 
physician to become familiar with the operating conditions in which 
occupational exposure to asbestos is likely to occur. This is 
particularly important in evaluating medical and work histories and in 
conducting physical examinations. When an active employee has been 
identified as having been overexposed to asbestos measures taken by the 
employer to eliminate or mitigate further exposure should also lower the 
risk of serious long-term consequences.
    The employer is required to institute a medical surveillance program 
for all employees who are or will be exposed to asbestos at or above the 
permissible exposure limits (0.1 fiber per cubic centimeter of air) for 
30 or more days per year and for all employees who are assigned to wear 
a negative-pressure respirator. All examinations and procedures must be 
performed by or under the supervision of licensed physician at a 
reasonable time and place, and at no cost to the employee.
    Although broad latitude is given to the physician in prescribing 
specific tests to be included in the medical surveillance program, OSHA 
requires inclusion of the following elements in the routine examination,
    (i) Medical and work histories with special emphasis directed to 
symptoms of the respiratory system, cardiovascular system, and digestive 
tract.
    (ii) Completion of the respiratory disease questionnaire contained 
in appendix D to this section.
    (iii) A physical examination including a chest X-ray and pulmonary 
function test that includes measurement of the employee's forced vital 
capacity (FVC) and forced expiratory volume at one second 
(FEV1).
    (iv) Any laboratory or other test that the examining physician deems 
by sound medical practice to be necessary.
    The employer is required to make the prescribed tests available at 
least annually to those employees covered; more often than specified if 
recommended by the examining physician; and upon termination of 
employment.
    The employer is required to provide the physician with the following 
information: A copy of the standard in this section (including all 
appendices to this section); a description of the employee's duties as 
they relate to asbestos exposure; the employee's representative level of 
exposure to asbestos; a description of any personal protective and 
respiratory equipment used; and information from previous medical 
examinations of the affected employee that is not otherwise

[[Page 194]]

available to the physician. Making this information available to the 
physician will aid in the evaluation of the employee's health in 
relation to assigned duties and fitness to wear personal protective 
equipment, if required.
    The employer is required to obtain a written opinion from the 
examining physician containing the results of the medical examination; 
the physician's opinion as to whether the employee has any detected 
medical conditions that would place the employee at an increased risk of 
exposure-related disease; any recommended limitations on the employee or 
on the use of personal protective equipment; and a statement that the 
employee has been informed by the physician of the results of the 
medical examination and of any medical conditions related to asbestos 
exposure that require further explanation or treatment. This written 
opinion must not reveal specific findings or diagnoses unrelated to 
exposure to asbestos, and a copy of the opinion must be provided to the 
affected employee.

Appendix J to Sec.  1915.1001--Smoking Cessation Program Information for 
                         Asbestos--Non-Mandatory

    The following organizations provide smoking cessation information.
    1. The National Cancer Institute operates a toll-free Cancer 
Information Service (CIS) with trained personnel to help you. Call 1-
800-4-CANCER* to reach the CIS office serving your area, or write: 
Office of Cancer Communications, National Cancer Institute, National 
Institutes of Health, Building 31, Room 10A24, Bethesda, Maryland 20892.
    2. American Cancer Society, 3340 Peachtree Road, N.E., Atlanta, 
Georgia 30026, (404) 320-3333.
    The American Cancer Society (ACS) is a voluntary organization 
composed of 58 divisions and 3,100 local units. Through ``The Great 
American Smokeout'' in November, the annual Cancer Crusade in April, and 
numerous educational materials, ACS helps people learn about the health 
hazards of smoking and become successful ex-smokers.
    3. American Heart Association, 7320 Greenville Avenue, Dallas, Texas 
75231, (214) 750-5300.
    The American Heart Association (AHA) is a voluntary organization 
with 130,000 members (physicians, scientists, and laypersons) in 55 
state and regional groups. AHA produces a variety of publications and 
audiovisual materials about the effects of smoking on the heart. AHA 
also has developed a guidebook for incorporating a weight-control 
component into smoking cessation programs.
    4. American Lung Association, 1740 Broadway, New York, New York 
10019, (212) 245-8000.
    A voluntary organization of 7,500 members (physicians, nurses, and 
laypersons), the American Lung Association (ALA) conducted numerous 
public information programs about the health effects of smoking. ALA has 
59 state and 85 local units. The organization actively supports 
legislation and information campaigns for non-smokers' rights and 
provides help for smokers who want to quit, for example, through 
``Freedom From Smoking,'' a self-help smoking cessation program.
    5. Office on Smoking and Health, U.S. Department of Health and Human 
Services 5600 Fishers Lane, Park Building, Room 110, Rockville, Maryland 
20857.
    The Office on Smoking and Health (OSHA) is the Department of Health 
and Human Services' lead agency in smoking control. OSHA has sponsored 
distribution of publications on smoking-related topics, such as free 
flyers on relapse after initial quitting, helping a friend or family 
member quit smoking, the health hazards of smoking, and the effects of 
parental smoking on teenagers.
    *In Hawaii, on Oahu call 524-1234 (call collect from neighboring 
islands),
    Spanish-speaking staff members are available during daytime hours to 
callers from the following areas: California, Florida, Georgia, 
Illinois, New Jersey (area code 201), New York, and Texas. Consult your 
local telephone directory for listings of local chapters.

 Appendix K to Sec.  1915.1001--Polarized Light Microscopy of Asbestos--
                              Non-Mandatory

Method number: ID-191
Matrix: Bulk

                          Collection Procedure

    Collect approximately 1 to 2 grams of each type of material and 
place into separate 20 mL scintillation vials.

                          Analytical Procedure

    A portion of each separate phase is analyzed by gross examination, 
phase-polar examination, and central stop dispersion microscopy.
    Commercial manufacturers and products mentioned in this method are 
for descriptive use only and do not constitute endorsements by USDOL-
OSHA. Similar products from other sources may be substituted.

                             1. Introduction

    This method describes the collection and analysis of asbestos bulk 
materials by light microscopy techniques including phase- polar 
illumination and central-stop dispersion microscopy. Some terms unique 
to asbestos analysis are defined below:
    Amphibole: A family of minerals whose crystals are formed by long, 
thin units which

[[Page 195]]

have two thin ribbons of double chain silicate with a brucite ribbon in 
between. The shape of each unit is similar to an ``I beam''. Minerals 
important in asbestos analysis include cummingtonite-grunerite, 
crocidolite, tremolite- actinolite and anthophyllite.
    Asbestos: A term for naturally occurring fibrous minerals. Asbestos 
includes chrysotile, cummingtonite-grunerite asbestos (amosite), 
anthophyllite asbestos, tremolite asbestos, crocidolite, actinolite 
asbestos and any of these minerals which have been chemically treated or 
altered. The precise chemical formulation of each species varies with 
the location from which it was mined. Nominal compositions are listed:

Chrysotile................................  Mg3 Si2 O5(OH)4
Crocidolite (Riebeckite asbestos).........  Na2Fe32 + Fe23 + Si8O22(OH)2
Cummingtonite-Grunerite asbestos (Amosite)  (Mg,Fe)7 Si8O22(OH)2
Tremolite-Actinolite asbestos.............  Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite asbestos....................  (Mg,Fe)7 Si8O22(OH)2
 

    Asbestos Fiber: A fiber of asbestos meeting the criteria for a 
fiber. (See section 3.5.)
    Aspect Ratio: The ratio of the length of a fiber to its diameter 
usually defined as ``length : width'', e.g. 3:1.
    Brucite: A sheet mineral with the composition Mg(OH)2.
    Central Stop Dispersion Staining (microscope): This is a dark field 
microscope technique that images particles using only light refracted by 
the particle, excluding light that travels through the particle 
unrefracted. This is usually accomplished with a McCrone objective or 
other arrangement which places a circular stop with apparent aperture 
equal to the objective aperture in the back focal plane of the 
microscope.
    Cleavage Fragments: Mineral particles formed by the comminution of 
minerals, especially those characterized by relatively parallel sides 
and moderate aspect ratio.
    Differential Counting: The term applied to the practice of excluding 
certain kinds of fibers from a phase contrast asbestos count because 
they are not asbestos.
    Fiber: A particle longer than or equal to 5 [micro]m with a length 
to width ratio greater than or equal to 3:1. This may include cleavage 
fragments. (see section 3.5 of this appendix).
    Phase Contrast: Contrast obtained in the microscope by causing light 
scattered by small particles to destructively interfere with unscattered 
light, thereby enhancing the visibility of very small particles and 
particles with very low intrinsic contrast.
    Phase Contrast Microscope: A microscope configured with a phase mask 
pair to create phase contrast. The technique which uses this is called 
Phase Contrast Microscopy (PCM).
    Phase-Polar Analysis: This is the use of polarized light in a phase 
contrast microscope. It is used to see the same size fibers that are 
visible in air filter analysis. Although fibers finer than 1 [micro]m 
are visible, analysis of these is inferred from analysis of larger 
bundles that are usually present.
    Phase-Polar Microscope: The phase-polar microscope is a phase 
contrast microscope which has an analyzer, a polarizer, a first order 
red plate and a rotating phase condenser all in place so that the 
polarized light image is enhanced by phase contrast.
    Sealing Encapsulant: This is a product which can be applied, 
preferably by spraying, onto an asbestos surface which will seal the 
surface so that fibers cannot be released.
    Serpentine: A mineral family consisting of minerals with the general 
composition Mg3(Si2O5(OH)4 having the 
magnesium in brucite layer over a silicate layer. Minerals important in 
asbestos analysis included in this family are chrysotile, lizardite, 
antigorite.

                              1.1. History

    Light microscopy has been used for well over 100 years for the 
determination of mineral species. This analysis is carried out using 
specialized polarizing microscopes as well as bright field microscopes. 
The identification of minerals is an on-going process with many new 
minerals described each year. The first recorded use of asbestos was in 
Finland about 2500 B.C. where the material was used in the mud wattle 
for the wooden huts the people lived in as well as strengthening for 
pottery. Adverse health aspects of the mineral were noted nearly 2000 
years ago when Pliny the Younger wrote about the poor health of slaves 
in the asbestos mines. Although known to be injurious for centuries, the 
first modern references to its toxicity were by the British Labor 
Inspectorate when it banned asbestos dust from the workplace in 1898. 
Asbestosis cases were described in the literature after the turn of the 
century. Cancer was first suspected in the mid 1930's and a causal link 
to mesothelioma was made in 1965. Because of the public concern for 
worker and public safety with the use of this material, several 
different types of analysis were applied to the determination of 
asbestos content. Light microscopy requires a great deal of experience 
and craft. Attempts were made to apply less subjective methods to the 
analysis. X-ray diffraction was partially successful in determining the 
mineral types but was unable to separate out the fibrous portions from 
the non-fibrous portions. Also, the minimum detection limit for asbestos 
analysis by X-ray diffraction (XRD) is about 1%. Differential Thermal 
Analysis (DTA) was no

[[Page 196]]

more successful. These provide useful corroborating information when the 
presence of asbestos has been shown by microscopy; however, neither can 
determine the difference between fibrous and non-fibrous minerals when 
both habits are present. The same is true of Infrared Absorption (IR).
    When electron microscopy was applied to asbestos analysis, hundreds 
of fibers were discovered present too small to be visible in any light 
microscope. There are two different types of electron microscope used 
for asbestos analysis: Scanning Electron Microscope (SEM) and 
Transmission Electron Microscope (TEM). Scanning Electron Microscopy is 
useful in identifying minerals. The SEM can provide two of the three 
pieces of information required to identify fibers by electron 
microscopy: morphology and chemistry. The third is structure as 
determined by Selected Area Electron Diffraction--SAED which is 
performed in the TEM. Although the resolution of the SEM is sufficient 
for very fine fibers to be seen, accuracy of chemical analysis that can 
be performed on the fibers varies with fiber diameter in fibers of less 
than 0.2 [micro]m diameter. The TEM is a powerful tool to identify 
fibers too small to be resolved by light microscopy and should be used 
in conjunction with this method when necessary. The TEM can provide all 
three pieces of information required for fiber identification. Most 
fibers thicker than 1 [micro]m can adequately be defined in the light 
microscope. The light microscope remains as the best instrument for the 
determination of mineral type. This is because the minerals under 
investigation were first described analytically with the light 
microscope. It is inexpensive and gives positive identification for most 
samples analyzed. Further, when optical techniques are inadequate, there 
is ample indication that alternative techniques should be used for 
complete identification of the sample.

                             1.2. Principle

    Minerals consist of atoms that may be arranged in random order or in 
a regular arrangement. Amorphous materials have atoms in random order 
while crystalline materials have long range order. Many materials are 
transparent to light, at least for small particles or for thin sections. 
The properties of these materials can be investigated by the effect that 
the material has on light passing through it. The six asbestos minerals 
are all crystalline with particular properties that have been identified 
and cataloged. These six minerals are anisotropic. They have a regular 
array of atoms, but the arrangement is not the same in all directions. 
Each major direction of the crystal presents a different regularity. 
Light photons travelling in each of these main directions will encounter 
different electrical neighborhoods, affecting the path and time of 
travel. The techniques outlined in this method use the fact that light 
traveling through fibers or crystals in different directions will behave 
differently, but predictably. The behavior of the light as it travels 
through a crystal can be measured and compared with known or determined 
values to identify the mineral species. Usually, Polarized Light 
Microscopy (PLM) is performed with strain-free objectives on a bright-
field microscope platform. This would limit the resolution of the 
microscope to about 0.4 [micro]m. Because OSHA requires the counting and 
identification of fibers visible in phase contrast, the phase contrast 
platform is used to visualize the fibers with the polarizing elements 
added into the light path. Polarized light methods cannot identify 
fibers finer than about 1[micro]m in diameter even though they are 
visible. The finest fibers are usually identified by inference from the 
presence of larger, identifiable fiber bundles. When fibers are present, 
but not identifiable by light microscopy, use either SEM or TEM to 
determine the fiber identity.

                    1.3. Advantages and Disadvantages

    The advantages of light microcopy are:
    (a) Basic identification of the materials was first performed by 
light microscopy and gross analysis. This provides a large base of 
published information against which to check analysis and analytical 
technique.
    (b) The analysis is specific to fibers. The minerals present can 
exist in asbestiform, fibrous, prismatic, or massive varieties all at 
the same time. Therefore, bulk methods of analysis such as X-ray 
diffraction, IR analysis, DTA, etc. are inappropriate where the material 
is not known to be fibrous.
    (c) The analysis is quick, requires little preparation time, and can 
be performed on-site if a suitably equipped microscope is available.
    The disadvantages are:
    (a) Even using phase-polar illumination, not all the fibers present 
may be seen. This is a problem for very low asbestos concentrations 
where agglomerations or large bundles of fibers may not be present to 
allow identification by inference.
    (b) The method requires a great degree of sophistication on the part 
of the microscopist. An analyst is only as useful as his mental catalog 
of images. Therefore, a microscopist's accuracy is enhanced by 
experience. The mineralogical training of the analyst is very important. 
It is the basis on which subjective decisions are made.
    (c) The method uses only a tiny amount of material for analysis. 
This may lead to sampling bias and false results (high or low). This is 
especially true if the sample is severely inhomogeneous.

[[Page 197]]

    (d) Fibers may be bound in a matrix and not distinguishable as 
fibers so identification cannot be made.

                         1.4. Method Performance

    1.4.1. This method can be used for determination of asbestos content 
from 0 to 100% asbestos. The detection limit has not been adequately 
determined, although for selected samples, the limit is very low, 
depending on the number of particles examined. For mostly homogeneous, 
finely divided samples, with no difficult fibrous interferences, the 
detection limit is below 1%. For inhomogeneous samples (most samples), 
the detection limit remains undefined. NIST has conducted proficiency 
testing of laboratories on a national scale. Although each round is 
reported statistically with an average, control limits, etc., the 
results indicate a difficulty in establishing precision especially in 
the low concentration range. It is suspected that there is significant 
bias in the low range especially near 1%. EPA tried to remedy this by 
requiring a mandatory point counting scheme for samples less than 10%. 
The point counting procedure is tedious, and may introduce significant 
biases of its own. It has not been incorporated into this method.
    1.4.2. The precision and accuracy of the quantitation tests 
performed in this method are unknown. Concentrations are easier to 
determine in commercial products where asbestos was deliberately added 
because the amount is usually more than a few percent. An analyst's 
results can be ``calibrated'' against the known amounts added by the 
manufacturer. For geological samples, the degree of homogeneity affects 
the precision.
    1.4.3. The performance of the method is analyst dependent. The 
analyst must choose carefully and not necessarily randomly the portions 
for analysis to assure that detection of asbestos occurs when it is 
present. For this reason, the analyst must have adequate training in 
sample preparation, and experience in the location and identification of 
asbestos in samples. This is usually accomplished through substantial 
on-the-job training as well as formal education in mineralogy and 
microscopy.

                           1.5. Interferences

    Any material which is long, thin, and small enough to be viewed 
under the microscope can be considered an interference for asbestos. 
There are literally hundreds of interferences in workplaces. The 
techniques described in this method are normally sufficient to eliminate 
the interferences. An analyst's success in eliminating the interferences 
depends on proper training.
    Asbestos minerals belong to two mineral families: the serpentines 
and the amphiboles. In the serpentine family, the only common fibrous 
mineral is chrysotile. Occasionally, the mineral antigorite occurs in a 
fibril habit with morphology similar to the amphiboles. The amphibole 
minerals consist of a score of different minerals of which only five are 
regulated by federal standard: amosite, crocidolite, anthophyllite 
asbestos, tremolite asbestos and actinolite asbestos. These are the only 
amphibole minerals that have been commercially exploited for their 
fibrous properties; however, the rest can and do occur occasionally in 
asbestiform habit.
    In addition to the related mineral interferences, other minerals 
common in building material may present a problem for some 
microscopists: gypsum, anhydrite, brucite, quartz fibers, talc fibers or 
ribbons, wollastonite, perlite, attapulgite, etc. Other fibrous 
materials commonly present in workplaces are: fiberglass, mineral wool, 
ceramic wool, refractory ceramic fibers, kevlar, nomex, synthetic 
fibers, graphite or carbon fibers, cellulose (paper or wood) fibers, 
metal fibers, etc.
    Matrix embedding material can sometimes be a negative interference. 
The analyst may not be able to easily extract the fibers from the matrix 
in order to use the method. Where possible, remove the matrix before the 
analysis, taking careful note of the loss of weight. Some common matrix 
materials are: vinyl, rubber, tar, paint, plant fiber, cement, and 
epoxy. A further negative interference is that the asbestos fibers 
themselves may be either too small to be seen in Phase contrast 
Microscopy (PCM) or of a very low fibrous quality, having the appearance 
of plant fibers. The analyst's ability to deal with these materials 
increases with experience.

                   1.6. Uses and Occupational Exposure

    Asbestos is ubiquitous in the environment. More than 40% of the land 
area of the United States is composed of minerals which may contain 
asbestos. Fortunately, the actual formation of great amounts of asbestos 
is relatively rare. Nonetheless, there are locations in which 
environmental exposure can be severe such as in the Serpentine Hills of 
California.
    There are thousands of uses for asbestos in industry and the home. 
Asbestos abatement workers are the most current segment of the 
population to have occupational exposure to great amounts of asbestos. 
If the material is undisturbed, there is no exposure. Exposure occurs 
when the asbestos-containing material is abraded or otherwise disturbed 
during maintenance operations or some other activity. Approximately 95% 
of the asbestos in place in the United States is chrysotile.
    Amosite and crocidolite make up nearly all the difference. Tremolite 
and anthophyllite make up a very small percentage. Tremolite is found in 
extremely small amounts in certain chrysotile deposits. Actinolite 
exposure is probably greatest from

[[Page 198]]

environmental sources, but has been identified in vermiculite 
containing, sprayed-on insulating materials which may have been 
certified as asbestos-free.

                  1.7. Physical and Chemical Properties

    The nominal chemical compositions for the asbestos minerals were 
given in Section 1. Compared to cleavage fragments of the same minerals, 
asbestiform fibers possess a high tensile strength along the fiber axis. 
They are chemically inert, non-combustible, and heat resistant. Except 
for chrysotile, they are insoluble in Hydrochloric acid (HCl). 
Chrysotile is slightly soluble in HCl. Asbestos has high electrical 
resistance and good sound absorbing characteristics. It can be woven 
into cables, fabrics or other textiles, or matted into papers, felts, 
and mats.

1.8. Toxicology (This Section is for Information Only and Should Not Be 
                          Taken as OSHA Policy)

    Possible physiologic results of respiratory exposure to asbestos are 
mesothelioma of the pleura or peritoneum, interstitial fibrosis, 
asbestosis, pneumoconiosis, or respiratory cancer. The possible 
consequences of asbestos exposure are detailed in the NIOSH Criteria 
Document or in the OSHA Asbestos Standards 29 CFR 1910.1001 and 29 CFR 
1926.1101 and 29 CFR 1915.1001.

                          2. Sampling Procedure

                       2.1. Equipment for Sampling

    (a) Tube or cork borer sampling device
    (b) Knife
    (c) 20 mL scintillation vial or similar vial
    (d) Sealing encapsulant

                         2.2. Safety Precautions

    Asbestos is a known carcinogen. Take care when sampling. While in an 
asbestos-containing atmosphere, a properly selected and fit-tested 
respirator should be worn. Take samples in a manner to cause the least 
amount of dust. Follow these general guidelines:
    (a) Do not make unnecessary dust.
    (b) Take only a small amount (1 to 2 g).
    (c) Tightly close the sample container.
    (d) Use encapsulant to seal the spot where the sample was taken, if 
necessary.

                         2.3. Sampling procedure

    Samples of any suspect material should be taken from an 
inconspicuous place. Where the material is to remain, seal the sampling 
wound with an encapsulant to eliminate the potential for exposure from 
the sample site. Microscopy requires only a few milligrams of material. 
The amount that will fill a 20 mL scintillation vial is more than 
adequate. Be sure to collect samples from all layers and phases of 
material. If possible, make separate samples of each different phase of 
the material. This will aid in determining the actual hazard. DO NOT USE 
ENVELOPES, PLASTIC OR PAPER BAGS OF ANY KIND TO COLLECT SAMPLES. The use 
of plastic bags presents a contamination hazard to laboratory personnel 
and to other samples. When these containers are opened, a bellows effect 
blows fibers out of the container onto everything, including the person 
opening the container.
    If a cork-borer type sampler is available, push the tube through the 
material all the way, so that all layers of material are sampled. Some 
samplers are intended to be disposable. These should be capped and sent 
to the laboratory. If a non-disposable cork borer is used, empty the 
contents into a scintillation vial and send to the laboratory. 
Vigorously and completely clean the cork borer between samples.

                              2.4 Shipment

    Samples packed in glass vials must not touch or they might break in 
shipment.
    (a) Seal the samples with a sample seal over the end to guard 
against tampering and to identify the sample.
    (b) Package the bulk samples in separate packages from the air 
samples. They may cross-contaminate each other and will invalidate the 
results of the air samples.
    (c) Include identifying paperwork with the samples, but not in 
contact with the suspected asbestos.
    (d) To maintain sample accountability, ship the samples by certified 
mail, overnight express, or hand carry them to the laboratory.

                               3. Analysis

    The analysis of asbestos samples can be divided into two major 
parts: sample preparation and microscopy. Because of the different 
asbestos uses that may be encountered by the analyst, each sample may 
need different preparation steps. The choices are outlined below. There 
are several different tests that are performed to identify the asbestos 
species and determine the percentage. They will be explained below.

                               3.1. Safety

    (a) Do not create unnecessary dust. Handle the samples in HEPA-
filter equipped hoods. If samples are received in bags, envelopes or 
other inappropriate container, open them only in a hood having a face 
velocity at or greater than 100 fpm. Transfer a small amount to a 
scintillation vial and only handle the smaller amount.
    (b) Open samples in a hood, never in the open lab area.
    (c) Index of refraction oils can be toxic. Take care not to get this 
material on the

[[Page 199]]

skin. Wash immediately with soap and water if this happens.
    (d) Samples that have been heated in the muffle furnace or the 
drying oven may be hot. Handle them with tongs until they are cool 
enough to handle.
    (e) Some of the solvents used, such as THF (tetrahydrofuran), are 
toxic and should only be handled in an appropriate fume hood and 
according to instructions given in the safety data sheet (SDS).

                             3.2. Equipment

    (a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x 
wide-field eyepieces, G-22 Walton-Beckett graticule, Whipple disk, 
polarizer, analyzer and first order red or gypsum plate, 100 Watt 
illuminator, rotating position condenser with oversize phase rings, 
central stop dispersion objective, Kohler illumination and a rotating 
mechanicalstage. (See figure 1).
    (b) Stereo microscope with reflected light illumination, transmitted 
light illumination, polarizer, analyzer and first order red or gypsum 
plate, and rotating stage.
    (c) Negative pressure hood for the stereo microscope
    (d) Muffle furnace capable of 600 [deg]C
    (e) Drying oven capable of 50-150 [deg]C
    (f) Aluminum specimen pans
    (g) Tongs for handling samples in the furnace
    (h) High dispersion index of refraction oils (Special for dispersion 
staining.)

n = 1.550
n = 1.585
n = 1.590
n = 1.605
n = 1.620
n = 1.670
n = 1.680
n = 1.690

    (i) A set of index of refraction oils from about n = 1.350 to n = 
2.000 in n = 0.005 increments. (Standard for Becke line analysis.)
    (j) Glass slides with painted or frosted ends 1 x 3 inches 1mm 
thick, precleaned.
    (k) Cover Slips 22 x 22 mm, 1\1/2\
    (l) Paper clips or dissection needles
    (m) Hand grinder
    (n) Scalpel with both 10 and 11 blades
    (o) 0.1 molar HCl
    (p) Decalcifying solution (Baxter Scientific Products) 
Ethylenediaminetetraacetic Acid,

Tetrasodium......................................................0.7 g/l
Sodium Potassium Tartrate...................................8.0 mg/liter
Hydrochloric Acid...........................................99.2 g/liter
Sodium Tartrate.............................................0.14 g/liter

    (q) Tetrahydrofuran (THF)
    (r) Hotplate capable of 60 [deg]C
    (s) Balance
    (t) Hacksaw blade
    (u) Ruby mortar and pestle

                       3.3. Sample Pre-Preparation

    Sample preparation begins with pre-preparation which may include 
chemical reduction of the matrix, heating the sample to dryness or 
heating in the muffle furnace. The end result is a sample which has been 
reduced to a powder that is sufficiently fine to fit under the cover 
slip. Analyze different phases of samples separately, e.g., tile and the 
tile mastic should be analyzed separately as the mastic may contain 
asbestos while the tile may not.

                             (a) Wet Samples

    Samples with a high water content will not give the proper 
dispersion colors and must be dried prior to sample mounting. Remove the 
lid of the scintillation vial, place the bottle in the drying oven and 
heat at 100 [deg]C to dryness (usually about 2 h). Samples which are not 
submitted to the lab in glass must be removed and placed in glass vials 
or aluminum weighing pans before placing them in the drying oven.

          (b) Samples With Organic Interference--Muffle Furnace

    These may include samples with tar as a matrix, vinyl asbestos tile, 
or any other organic that can be reduced by heating. Remove the sample 
from the vial and weigh in a balance to determine the weight of the 
submitted portion. Place the sample in a muffle furnace at 500 [deg]C 
for 1 to 2 h or until all obvious organic material has been removed. 
Retrieve, cool and weigh again to determine the weight loss on ignition. 
This is necessary to determine the asbestos content of the submitted 
sample, because the analyst will be looking at a reduced sample.

    Notes: Heating above 600 [deg]C will cause the sample to undergo a 
structural change which, given sufficient time, will convert the 
chrysotile to forsterite. Heating even at lower temperatures for 1 to 2 
h may have a measurable effect on the optical properties of the 
minerals. If the analyst is unsure of what to expect, a sample of 
standard asbestos should be heated to the same temperature for the same 
length of time so that it can be examined for the proper interpretation.

               (c) Samples With Organic Interference--THF

    Vinyl asbestos tile is the most common material treated with this 
solvent, although, substances containing tar will sometimes yield to 
this treatment. Select a portion of the material and then grind it up if 
possible. Weigh the sample and place it in a test tube. Add sufficient 
THF to dissolve the organic matrix. This is usually about 4 to 5 mL. 
Remember, THF is highly flammable. Filter the remaining material through 
a tared silver membrane, dry and weigh to determine how

[[Page 200]]

much is left after the solvent extraction. Further process the sample to 
remove carbonate or mount directly.

                 (d) Samples With Carbonate Interference

    Carbonate material is often found on fibers and sometimes must be 
removed in order to perform dispersion microscopy. Weigh out a portion 
of the material and place it in a test tube. Add a sufficient amount of 
0.1 M HCl or decalcifying solution in the tube to react all the 
carbonate as evidenced by gas formation; i.e., when the gas bubbles 
stop, add a little more solution. If no more gas forms, the reaction is 
complete. Filter the material out through a tared silver membrane, dry 
and weigh to determine the weight lost.

                         3.4. Sample Preparation

    Samples must be prepared so that accurate determination can be made 
of the asbestos type and amount present. The following steps are carried 
out in the low-flow hood (a low-flow hood has less than 50 fpm flow):
    (1) If the sample has large lumps, is hard, or cannot be made to lie 
under a cover slip, the grain size must be reduced. Place a small amount 
between two slides and grind the material between them or grind a small 
amount in a clean mortar and pestle. The choice of whether to use an 
alumina, ruby, or diamond mortar depends on the hardness of the 
material. Impact damage can alter the asbestos mineral if too much 
mechanical shock occurs. (Freezer mills can completely destroy the 
observable crystallinity of asbestos and should not be used). For some 
samples, a portion of material can be shaved off with a scalpel, ground 
off with a hand grinder or hack saw blade.
    The preparation tools should either be disposable or cleaned 
thoroughly. Use vigorous scrubbing to loosen the fibers during the 
washing. Rinse the implements with copious amounts of water and air-dry 
in a dust-free environment.
    (2) If the sample is powder or has been reduced as in 1) above, it 
is ready to mount. Place a glass slide on a piece of optical tissue and 
write the identification on the painted or frosted end. Place two drops 
of index of refraction medium n = 1.550 on the slide. (The medium n = 
1.550 is chosen because it is the matching index for chrysotile. Dip the 
end of a clean paper-clip or dissecting needle into the droplet of 
refraction medium on the slide to moisten it. Then dip the probe into 
the powder sample. Transfer what sticks on the probe to the slide. The 
material on the end of the probe should have a diameter of about 3 mm 
for a good mount. If the material is very fine, less sample may be 
appropriate. For non-powder samples such as fiber mats, forceps should 
be used to transfer a small amount of material to the slide. Stir the 
material in the medium on the slide, spreading it out and making the 
preparation as uniform as possible. Place a cover-slip on the 
preparation by gently lowering onto the slide and allowing it to fall 
``trapdoor'' fashion on the preparation to push out any bubbles. Press 
gently on the cover slip to even out the distribution of particulate on 
the slide. If there is insufficient mounting oil on the slide, one or 
two drops may be placed near the edge of the coverslip on the slide. 
Capillary action will draw the necessary amount of liquid into the 
preparation. Remove excess oil with the point of a laboratory wiper.
    Treat at least two different areas of each phase in this fashion. 
Choose representative areas of the sample. It may be useful to select 
particular areas or fibers for analysis. This is useful to identify 
asbestos in severely inhomogeneous samples.
    When it is determined that amphiboles may be present, repeat the 
above process using the appropriate high- dispersion oils until an 
identification is made or all six asbestos minerals have been ruled out. 
Note that percent determination must be done in the index medium 1.550 
because amphiboles tend to disappear in their matching mediums.

                        3.5. Analytical procedure

    Note: This method presumes some knowledge of mineralogy and optical 
petrography.

    The analysis consists of three parts: The determination of whether 
there is asbestos present, what type is present and the determination of 
how much is present. The general flow of the analysis is:
    (1) Gross examination.
    (2) Examination under polarized light on the stereo microscope.
    (3) Examination by phase-polar illumination on the compound phase 
microscope.
    (4) Determination of species by dispersion stain. Examination by 
Becke line analysis may also be used; however, this is usually more 
cumbersome for asbestos determination.
    (5) Difficult samples may need to be analyzed by SEM or TEM, or the 
results from those techniques combined with light microscopy for a 
definitive identification. Identification of a particle as asbestos 
requires that it be asbestiform. Description of particles should follow 
the suggestion of Campbell. (Figure 1)

[[Page 201]]

[GRAPHIC] [TIFF OMITTED] TR10AU94.024

    For the purpose of regulation, the mineral must be one of the six 
minerals covered and must be in the asbestos growth habit. Large 
specimen samples of asbestos generally have the gross appearance of 
wood. Fibers are easily parted from it. Asbestos fibers are very long 
compared with their widths. The fibers

[[Page 202]]

have a very high tensile strength as demonstrated by bending without 
breaking. Asbestos fibers exist in bundles that are easily parted, show 
longitudinal fine structure and may be tufted at the ends showing 
``bundle of sticks'' morphology. In the microscope some of these 
properties may not be observable. Amphiboles do not always show 
striations along their length even when they are asbestos. Neither will 
they always show tufting. They generally do not show a curved nature 
except for very long fibers. Asbestos and asbestiform minerals are 
usually characterized in groups by extremely high aspect ratios (greater 
than 100:1). While aspect ratio analysis is useful for characterizing 
populations of fibers, it cannot be used to identify individual fibers 
of intermediate to short aspect ratio. Observation of many fibers is 
often necessary to determine whether a sample consists of ``cleavage 
fragments'' or of asbestos fibers.
    Most cleavage fragments of the asbestos minerals are easily 
distinguishable from true asbestos fibers. This is because true cleavage 
fragments usually have larger diameters than 1 [micro]m. Internal 
structure of particles larger than this usually shows them to have no 
internal fibrillar structure. In addition, cleavage fragments of the 
monoclinic amphiboles show inclined extinction under crossed polars with 
no compensator. Asbestos fibers usually show extinction at zero degrees 
or ambiguous extinction if any at all. Morphologically, the larger 
cleavage fragments are obvious by their blunt or stepped ends showing 
prismatic habit. Also, they tend to be acicular rather than filiform.
    Where the particles are less than 1 [micro]m in diameter and have an 
aspect ratio greater than or equal to 3:1, it is recommended that the 
sample be analyzed by SEM or TEM if there is any question whether the 
fibers are cleavage fragments or asbestiform particles.
    Care must be taken when analyzing by electron microscopy because the 
interferences are different from those in light microscopy and may 
structurally be very similar to asbestos. The classic interference is 
between anthophyllite and biopyribole or intermediate fiber. Use the 
same morphological clues for electron microscopy as are used for light 
microscopy, e.g. fibril splitting, internal longitudinal striation, 
fraying, curvature, etc.
    (1) Gross examination:
    Examine the sample, preferably in the glass vial. Determine the 
presence of any obvious fibrous component. Estimate a percentage based 
on previous experience and current observation. Determine whether any 
pre-preparation is necessary. Determine the number of phases present. 
This step may be carried out or augmented by observation at 6 to 40 x 
under a stereo microscope.
    (2) After performing any necessary pre-preparation, prepare slides 
of each phase as described above. Two preparations of the same phase in 
the same index medium can be made side-by-side on the same glass for 
convenience. Examine with the polarizing stereo microscope. Estimate the 
percentage of asbestos based on the amount of birefringent fiber 
present.
    (3) Examine the slides on the phase-polar microscopes at 
magnifications of 160 and 400 x . Note the morphology of the fibers. 
Long, thin, very straight fibers with little curvature are indicative of 
fibers from the amphibole family. Curved, wavy fibers are usually 
indicative of chrysotile. Estimate the percentage of asbestos on the 
phase-polar microscope under conditions of crossed polars and a gypsum 
plate. Fibers smaller than 1.0 [micro]m in thickness must be identified 
by inference to the presence of larger, identifiable fibers and 
morphology. If no larger fibers are visible, electron microscopy should 
be performed. At this point, only a tentative identification can be 
made. Full identification must be made with dispersion microscopy. 
Details of the tests are included in the appendices.
    (4) Once fibers have been determined to be present, they must be 
identified. Adjust the microscope for dispersion mode and observe the 
fibers. The microscope has a rotating stage, one polarizing element, and 
a system for generating dark-field dispersion microscopy (see Section 
4.6. of this appendix). Align a fiber with its length parallel to the 
polarizer and note the color of the Becke lines. Rotate the stage to 
bring the fiber length perpendicular to the polarizer and note the 
color. Repeat this process for every fiber or fiber bundle examined. The 
colors must be consistent with the colors generated by standard asbestos 
reference materials for a positive identification. In n = 1.550, 
amphiboles will generally show a yellow to straw-yellow color indicating 
that the fiber indices of refraction are higher than the liquid. If 
long, thin fibers are noted and the colors are yellow, prepare further 
slides as above in the suggested matching liquids listed below:

------------------------------------------------------------------------
          Type of asbestos                    Index of refraction
------------------------------------------------------------------------
Chrysotile..........................  n = 1.550.
Amosite.............................  n = 1.670 or 1.680.
Crocidolite.........................  n = 1.690.
Anthophyllite.......................  n = 1.605 and 1.620.
Tremolite...........................  n = 1.605 and 1.620.
Actinolite..........................  n = 1.620.
------------------------------------------------------------------------

    Where more than one liquid is suggested, the first is preferred; 
however, in some cases this liquid will not give good dispersion color. 
Take care to avoid interferences in the other liquid; e.g., wollastonite 
in n = 1.620 will give the same colors as tremolite. In n = 1.605 
wollastonite will appear yellow in all directions. Wollastonite may be 
determined under crossed polars as it will change from

[[Page 203]]

blue to yellow as it is rotated along its fiber axis by tapping on the 
cover slip. Asbestos minerals will not change in this way.
    Determination of the angle of extinction may, when present, aid in 
the determination of anthophyllite from tremolite. True asbestos fibers 
usually have 0[deg] extinction or ambiguous extinction, while cleavage 
fragments have more definite extinction.
    Continue analysis until both preparations have been examined and all 
present species of asbestos are identified. If there are no fibers 
present, or there is less than 0.1% present, end the analysis with the 
minimum number of slides (2).
    (5) Some fibers have a coating on them which makes dispersion 
microscopy very difficult or impossible. Becke line analysis or electron 
microscopy may be performed in those cases. Determine the percentage by 
light microscopy. TEM analysis tends to overestimate the actual 
percentage present.
    (6) Percentage determination is an estimate of occluded area, 
tempered by gross observation. Gross observation information is used to 
make sure that the high magnification microscopy does not greatly over- 
or under-estimate the amount of fiber present. This part of the analysis 
requires a great deal of experience. Satisfactory models for asbestos 
content analysis have not yet been developed, although some models based 
on metallurgical grain-size determination have found some utility. 
Estimation is more easily handled in situations where the grain sizes 
visible at about 160 x are about the same and the sample is relatively 
homogeneous.
    View all of the area under the cover slip to make the percentage 
determination. View the fields while moving the stage, paying attention 
to the clumps of material. These are not usually the best areas to 
perform dispersion microscopy because of the interference from other 
materials. But, they are the areas most likely to represent the accurate 
percentage in the sample. Small amounts of asbestos require slower 
scanning and more frequent analysis of individual fields.
    Report the area occluded by asbestos as the concentration. This 
estimate does not generally take into consideration the difference in 
density of the different species present in the sample. For most samples 
this is adequate. Simulation studies with similar materials must be 
carried out to apply microvisual estimation for that purpose and is 
beyond the scope of this procedure.
    (7) Where successive concentrations have been made by chemical or 
physical means, the amount reported is the percentage of the material in 
the ``as submitted'' or original state. The percentage determined by 
microscopy is multiplied by the fractions remaining after pre-
preparation steps to give the percentage in the original sample. For 
example:

Step 1. 60% remains after heating at 550 [deg]C for 1 h.
Step 2. 30% of the residue of step 1 remains after dissolution of 
carbonate in 0.1 m HCl.
Step 3. Microvisual estimation determines that 5% of the sample is 
chrysotile asbestos.

    The reported result is:

R = (Microvisual result in percent) x (Fraction remaining after step 2) 
x (Fraction remaining of original sample after step 1)
R = (5) x (.30) x (.60) = 0.9%

    (8) Report the percent and type of asbestos present. For samples 
where asbestos was identified, but is less than 1.0%, report ``Asbestos 
present, less than 1.0%.'' There must have been at least two observed 
fibers or fiber bundles in the two preparations to be reported as 
present. For samples where asbestos was not seen, report as ``None 
Detected.''

                        4. Auxiliary Information

    Because of the subjective nature of asbestos analysis, certain 
concepts and procedures need to be discussed in more depth. This 
information will help the analyst understand why some of the procedures 
are carried out the way they are.

                               4.1. Light

    Light is electromagnetic energy. It travels from its source in 
packets called quanta. It is instructive to consider light as a plane 
wave. The light has a direction of travel. Perpendicular to this and 
mutually perpendicular to each other, are two vector components. One is 
the magnetic vector and the other is the electric vector. We shall only 
be concerned with the electric vector. In this description, the 
interaction of the vector and the mineral will describe all the 
observable phenomena. From a light source such a microscope illuminator, 
light travels in all different direction from the filament.
    In any given direction away from the filament, the electric vector 
is perpendicular to the direction of travel of a light ray. While 
perpendicular, its orientation is random about the travel axis. If the 
electric vectors from all the light rays were lined up by passing the 
light through a filter that would only let light rays with electric 
vectors oriented in one direction pass, the light would then be 
POLARIZED.
    Polarized light interacts with matter in the direction of the 
electric vector. This is the polarization direction. Using this property 
it is possible to use polarized light to probe different materials and 
identify them by how they interact with light. The speed of light in a 
vacuum is a constant at about 2.99 x 10 \8\ m/s. When light travels in 
different materials such as air, water, minerals or oil, it

[[Page 204]]

does not travel at this speed. It travels slower. This slowing is a 
function of both the material through which the light is traveling and 
the wavelength or frequency of the light. In general, the more dense the 
material, the slower the light travels. Also, generally, the higher the 
frequency, the slower the light will travel. The ratio of the speed of 
light in a vacuum to that in a material is called the index of 
refraction (n). It is usually measured at 589 nm (the sodium D line). If 
white light (light containing all the visible wavelengths) travels 
through a material, rays of longer wavelengths will travel faster than 
those of shorter wavelengths, this separation is called dispersion. 
Dispersion is used as an identifier of materials as described in Section 
4.6.

                        4.2. Material Properties

    Materials are either amorphous or crystalline. The difference 
between these two descriptions depends on the positions of the atoms in 
them. The atoms in amorphous materials are randomly arranged with no 
long range order. An example of an amorphous material is glass. The 
atoms in crystalline materials, on the other hand, are in regular arrays 
and have long range order. Most of the atoms can be found in highly 
predictable locations. Examples of crystalline material are salt, gold, 
and the asbestos minerals.
    It is beyond the scope of this method to describe the different 
types of crystalline materials that can be found, or the full 
description of the classes into which they can fall. However, some 
general crystallography is provided below to give a foundation to the 
procedures described.
    With the exception of anthophyllite, all the asbestos minerals 
belong to the monoclinic crystal type. The unit cell is the basic 
repeating unit of the crystal and for monoclinic crystals can be 
described as having three unequal sides, two 90[deg] angles and one 
angle not equal to 90[deg]. The orthorhombic group, of which 
anthophyllite is a member has three unequal sides and three 90[deg] 
angles. The unequal sides are a consequence of the complexity of fitting 
the different atoms into the unit cell. Although the atoms are in a 
regular array, that array is not symmetrical in all directions. There is 
long range order in the three major directions of the crystal. However, 
the order is different in each of the three directions. This has the 
effect that the index of refraction is different in each of the three 
directions. Using polarized light, we can investigate the index of 
refraction in each of the directions and identify the mineral or 
material under investigation. The indices [alpha], [beta], and [gamma] 
are used to identify the lowest, middle, and highest index of refraction 
respectively. The x direction, associated with [alpha] is called the 
fast axis. Conversely, the z direction is associated with [gamma] and is 
the slow direction. Crocidolite has [alpha] along the fiber length 
making it ``length-fast''. The remainder of the asbestos minerals have 
the [gamma] axis along the fiber length. They are called ``length-
slow''. This orientation to fiber length is used to aid in the 
identification of asbestos.

                     4.3. Polarized Light Technique

    Polarized light microscopy as described in this section uses the 
phase-polar microscope described in Section 3.2. A phase contrast 
microscope is fitted with two polarizing elements, one below and one 
above the sample. The polarizers have their polarization directions at 
right angles to each other. Depending on the tests performed, there may 
be a compensator between these two polarizing elements. Light emerging 
from a polarizing element has its electric vector pointing in the 
polarization direction of the element. The light will not be 
subsequently transmitted through a second element set at a right angle 
to the first element. Unless the light is altered as it passes from one 
element to the other, there is no transmission of light.

                        4.4. Angle of Extinction

    Crystals which have different crystal regularity in two or three 
main directions are said to be anisotropic. They have a different index 
of refraction in each of the main directions. When such a crystal is 
inserted between the crossed polars, the field of view is no longer dark 
but shows the crystal in color. The color depends on the properties of 
the crystal. The light acts as if it travels through the crystal along 
the optical axes. If a crystal optical axis were lined up along one of 
the polarizing directions (either the polarizer or the analyzer) the 
light would appear to travel only in that direction, and it would blink 
out or go dark. The difference in degrees between the fiber direction 
and the angle at which it blinks out is called the angle of extinction. 
When this angle can be measured, it is useful in identifying the 
mineral. The procedure for measuring the angle of extinction is to first 
identify the polarization direction in the microscope. A commercial 
alignment slide can be used to establish the polarization directions or 
use anthophyllite or another suitable mineral. This mineral has a zero 
degree angle of extinction and will go dark to extinction as it aligns 
with the polarization directions. When a fiber of anthophyllite has gone 
to extinction, align the eyepiece reticle or graticule with the fiber so 
that there is a visual cue as to the direction of polarization in the 
field of view. Tape or otherwise secure the eyepiece in this position so 
it will not shift.
    After the polarization direction has been identified in the field of 
view, move the particle of interest to the center of the field of

[[Page 205]]

view and align it with the polarization direction. For fibers, align the 
fiber along this direction. Note the angular reading of the rotating 
stage. Looking at the particle, rotate the stage until the fiber goes 
dark or ``blinks out''. Again note the reading of the stage. The 
difference in the first reading and the second is an angle of 
extinction.
    The angle measured may vary as the orientation of the fiber changes 
about its long axis. Tables of mineralogical data usually report the 
maximum angle of extinction. Asbestos forming minerals, when they 
exhibit an angle of extinction, usually do show an angle of extinction 
close to the reported maximum, or as appropriate depending on the 
substitution chemistry.

                  4.5. Crossed Polars With Compensator

    When the optical axes of a crystal are not lined up along one of the 
polarizing directions (either the polarizer or the analyzer) part of the 
light travels along one axis and part travels along the other visible 
axis. This is characteristic of birefringent materials.
    The color depends on the difference of the two visible indices of 
refraction and the thickness of the crystal. The maximum difference 
available is the difference between the [alpha] and the [gamma] axes. 
This maximum difference is usually tabulated as the birefringence of the 
crystal.
    For this test, align the fiber at 45[deg] to the polarization 
directions in order to maximize the contribution to each of the optical 
axes. The colors seen are called retardation colors. They arise from the 
recombination of light which has traveled through the two separate 
directions of the crystal. One of the rays is retarded behind the other 
since the light in that direction travels slower. On recombination, some 
of the colors which make up white light are enhanced by constructive 
interference and some are suppressed by destructive interference. The 
result is a color dependent on the difference between the indices and 
the thickness of the crystal. The proper colors, thicknesses, and 
retardations are shown on a Michel-Levy chart. The three items, 
retardation, thickness and birefringence are related by the following 
relationship:

R = t(n[gamma]--[alpha])
R = retardation, t = crystal thickness in [micro]m, and
[alpha],[gamma] = indices of refraction.

    Examination of the equation for asbestos minerals reveals that the 
visible colors for almost all common asbestos minerals and fiber sizes 
are shades of gray and black. The eye is relatively poor at 
discriminating different shades of gray. It is very good at 
discriminating different colors. In order to compensate for the low 
retardation, a compensator is added to the light train between the 
polarization elements. The compensator used for this test is a gypsum 
plate of known thickness and birefringence. Such a compensator when 
oriented at 45[deg] to the polarizer direction, provides a retardation 
of 530 nm of the 530 nm wavelength color. This enhances the red color 
and gives the background a characteristic red to red-magenta color. If 
this ``full-wave'' compensator is in place when the asbestos preparation 
is inserted into the light train, the colors seen on the fibers are 
quite different. Gypsum, like asbestos has a fast axis and a slow axis. 
When a fiber is aligned with its fast axis in the same direction as the 
fast axis of the gypsum plate, the ray vibrating in the slow direction 
is retarded by both the asbestos and the gypsum. This results in a 
higher retardation than would be present for either of the two minerals. 
The color seen is a second order blue. When the fiber is rotated 90[deg] 
using the rotating stage, the slow direction of the fiber is now aligned 
with the fast direction of the gypsum and the fast direction of the 
fiber is aligned with the slow direction of the gypsum. Thus, one ray 
vibrates faster in the fast direction of the gypsum, and slower in the 
slow direction of the fiber; the other ray will vibrate slower in the 
slow direction of the gypsum and faster in the fast direction of the 
fiber. In this case, the effect is subtractive and the color seen is a 
first order yellow. As long as the fiber thickness does not add 
appreciably to the color, the same basic colors will be seen for all 
asbestos types except crocidolite. In crocidolite the colors will be 
weaker, may be in the opposite directions, and will be altered by the 
blue absorption color natural to crocidolite. Hundreds of other 
materials will give the same colors as asbestos, and therefore, this 
test is not definitive for asbestos. The test is useful in 
discriminating against fiberglass or other amorphous fibers such as some 
synthetic fibers. Certain synthetic fibers will show retardation colors 
different than asbestos; however, there are some forms of polyethylene 
and aramid which will show morphology and retardation colors similar to 
asbestos minerals. This test must be supplemented with a positive 
identification test when birefringent fibers are present which can not 
be excluded by morphology. This test is relatively ineffective for use 
on fibers less than 1 [micro]m in diameter. For positive confirmation 
TEM or SEM should be used if no larger bundles or fibers are visible.

                        4.6. Dispersion Staining

    Dispersion microscopy or dispersion staining is the method of choice 
for the identification of asbestos in bulk materials. Becke line 
analysis is used by some laboratories and yields the same results as 
does dispersion staining for asbestos and can be used in lieu of 
dispersion staining. Dispersion staining is performed on the same 
platform as the

[[Page 206]]

phase-polar analysis with the analyzer and compensator removed. One 
polarizing element remains to define the direction of the light so that 
the different indices of refraction of the fibers may be separately 
determined. Dispersion microscopy is a dark-field technique when used 
for asbestos. Particles are imaged with scattered light. Light which is 
unscattered is blocked from reaching the eye either by the back field 
image mask in a McCrone objective or a back field image mask in the 
phase condenser. The most convenient method is to use the rotating phase 
condenser to move an oversized phase ring into place. The ideal size for 
this ring is for the central disk to be just larger than the objective 
entry aperture as viewed in the back focal plane. The larger the disk, 
the less scattered light reaches the eye. This will have the effect of 
diminishing the intensity of dispersion color and will shift the actual 
color seen. The colors seen vary even on microscopes from the same 
manufacturer. This is due to the different bands of wavelength exclusion 
by different mask sizes. The mask may either reside in the condenser or 
in the objective back focal plane. It is imperative that the analyst 
determine by experimentation with asbestos standards what the 
appropriate colors should be for each asbestos type. The colors depend 
also on the temperature of the preparation and the exact chemistry of 
the asbestos. Therefore, some slight differences from the standards 
should be allowed. This is not a serious problem for commercial asbestos 
uses. This technique is used for identification of the indices of 
refraction for fibers by recognition of color. There is no direct 
numerical readout of the index of refraction. Correlation of color to 
actual index of refraction is possible by referral to published 
conversion tables. This is not necessary for the analysis of asbestos. 
Recognition of appropriate colors along with the proper morphology are 
deemed sufficient to identify the commercial asbestos minerals. Other 
techniques including SEM, TEM, and XRD may be required to provide 
additional information in order to identify other types of asbestos.
    Make a preparation in the suspected matching high dispersion oil, 
e.g., n = 1.550 for chrysotile. Perform the preliminary tests to 
determine whether the fibers are birefringent or not. Take note of the 
morphological character. Wavy fibers are indicative of chrysotile while 
long, straight, thin, frayed fibers are indicative of amphibole 
asbestos. This can aid in the selection of the appropriate matching oil. 
The microscope is set up and the polarization direction is noted as in 
Section 4.4. Align a fiber with the polarization direction. Note the 
color. This is the color parallel to the polarizer. Then rotate the 
fiber rotating the stage 90[deg] so that the polarization direction is 
across the fiber. This is the perpendicular position. Again note the 
color. Both colors must be consistent with standard asbestos minerals in 
the correct direction for a positive identification of asbestos. If only 
one of the colors is correct while the other is not, the identification 
is not positive. If the colors in both directions are bluish-white, the 
analyst has chosen a matching index oil which is higher than the correct 
matching oil, e.g. the analyst has used n = 1.620 where chrysotile is 
present. The next lower oil (Section 3.5.) should be used to prepare 
another specimen. If the color in both directions is yellow-white to 
straw-yellow-white, this indicates that the index of the oil is lower 
than the index of the fiber, e.g. the preparation is in n = 1.550 while 
anthophyllite is present. Select the next higher oil (Section 3.5.) and 
prepare another slide. Continue in this fashion until a positive 
identification of all asbestos species present has been made or all 
possible asbestos species have been ruled out by negative results in 
this test. Certain plant fibers can have similar dispersion colors as 
asbestos. Take care to note and evaluate the morphology of the fibers or 
remove the plant fibers in pre-preparation. Coating material on the 
fibers such as carbonate or vinyl may destroy the dispersion color. 
Usually, there will be some outcropping of fiber which will show the 
colors sufficient for identification. When this is not the case, treat 
the sample as described in Section 3.3. and then perform dispersion 
staining. Some samples will yield to Becke line analysis if they are 
coated or electron microscopy can be used for identification.

                              5. References

    5.1. Crane, D.T., Asbestos in Air, OSHA method ID160, Revised 
November 1992.
    5.2. Ford, W.E., Dana's Textbook of Mineralogy; Fourth Ed.; John 
Wiley and Son, New York, 1950, p. vii.
    5.3. Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic 
Press, New York, 1978, pp. 3, 20.
    5.4. Women Inspectors of Factories. Annual Report for 1898, H.M. 
Statistical Office, London, p. 170 (1898).
    5.5. Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic 
Press, New York, 1978, pp. 26, 30.
    5.6. Campbell, W.J., et al, Selected Silicate Minerals and Their 
Asbestiform Varieties, United States Department of the Interior, Bureau 
of Mines, Information Circular 8751, 1977.
    5.7. Asbestos, Code of Federal Regulations, 29 CFR 1910.1001 and 29 
CFR 1926.58.
    5.8. National Emission Standards for Hazardous Air Pollutants; 
Asbestos NESHAP Revision, Federal Register, Vol. 55, No. 224, 20 
November 1990, p. 48410.
    5.9. Ross, M. The Asbestos Minerals: Definitions, Description, Modes 
of Formation, Physical and Chemical Properties and Health Risk to

[[Page 207]]

the Mining Community, Nation Bureau of Standards Special Publication, 
Washington, D.C., 1977.
    5.10. Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in 
Cappadocia, Turkey, J. Occ Medicine, 1981, 23, (8) ,548-550.
    5.11. Occupational Exposure to Asbestos--1972, U.S. Department of 
Health Education and Welfare, Public Health Service, Center for Disease 
Control, National Institute for Occupational Safety and Health, HSM-72-
10267.
    5.12. Campbell,W.J., et al, Relationship of Mineral Habit to Size 
Characteristics for Tremolite Fragments and Fibers, United States 
Department of the Interior, Bureau of Mines, Information Circular 8367, 
1979.
    5.13. Mefford, D., DCM Laboratory, Denver, private communication, 
July 1987.
    5.14. Deer, W.A., Howie, R.A., Zussman, J., Rock Forming Minerals, 
Longman, Thetford, UK, 1974.
    5.15. Kerr, P.F., Optical Mineralogy; Third Ed. McGraw-Hill, New 
York, 1959.
    5.16. Veblen, D.R. (Ed.), Amphiboles and Other Hydrous Pyriboles--
Mineralogy, Reviews in Mineralogy, Vol 9A, Michigan, 1982, pp 1-102.
    5.17. Dixon, W.C., Applications of Optical Microscopy in the 
Analysis of Asbestos and Quartz, ACS Symposium Series, No. 120, 
Analytical Techniques in Occupational Health Chemistry, 1979.
    5.18. Polarized Light Microscopy, McCrone Research Institute, 
Chicago, 1976.
    5.19. Asbestos Identification, McCrone Research Institute, G & G 
printers, Chicago, 1987.
    5.20. McCrone, W.C., Calculation of Refractive Indices from 
Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.
    5.21. Levadie, B. (Ed.), Asbestos and Other Health Related 
Silicates, ASTM Technical Publication 834, ASTM, Philadelphia 1982.
    5.22. Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical 
Characteristics of Asbestos, Geology of Asbestos Deposits, pp. 93-101, 
SME-AIME, 1981.
    5.23. Zussman, J., The Mineralogy of Asbestos, Asbestos: Properties, 
Applications and Hazards, pp. 45-67 Wiley, 1979.

 Appendix L to Sec.  1915.1001--Work Practices and Engineering Controls 
  for Automotive Brake and Clutch Inspection, Disassembly, Repair and 
                           Assembly--Mandatory

    This mandatory appendix specifies engineering controls and work 
practices that must be implemented by the employer during automotive 
brake and clutch inspection, disassembly, repair, and assembly 
operations. Proper use of these engineering controls and work practices 
by trained employees will reduce employees' asbestos exposure below the 
permissible exposure level during clutch and brake inspection, 
disassembly, repair, and assembly operations. The employer shall 
institute engineering controls and work practices using either the 
method set forth in paragraph [A] or paragraph [B] of this appendix, or 
any other method which the employer can demonstrate to be equivalent in 
terms of reducing employee exposure to asbestos as defined and which 
meets the requirements described in paragraph [C] of this appendix, for 
those facilities in which no more than 5 pairs of brakes or 5 clutches 
are inspected, disassembled, reassembled and/or repaired per week, the 
method set forth in paragraph [D] of this appendix may be used:

        [A] Negative Pressure Enclosure/HEPA Vacuum System Method

    (1) The brake and clutch inspection, disassembly, repair, and 
assembly operations shall be enclosed to cover and contain the clutch or 
brake assembly and to prevent the release of asbestos fibers into the 
worker's breathing zone.
    (2) The enclosure shall be sealed tightly and thoroughly inspected 
for leaks before work begins on brake and clutch inspection, 
disassembly, repair, and assembly.
    (3) The enclosure shall be such that the worker can clearly see the 
operation and shall provide impermeable sleeves through which the worker 
can handle the brake and clutch inspection, disassembly, repair and 
assembly. The integrity of the sleeves and ports shall be examined 
before work begins.
    (4) A HEPA-filtered vacuum shall be employed to maintain the 
enclosure under negative pressure throughout the operation. Compressed-
air may be used to remove asbestos fibers or particles from the 
enclosure.
    (5) The HEPA vacuum shall be used first to loosen the asbestos 
containing residue from the brake and clutch parts and then to evacuate 
the loosened asbestos containing material from the enclosure and capture 
the material in the vacuum filter.
    (6) The vacuum's filter, when full, shall be first wetted with a 
fine mist of water, then removed and placed immediately in an 
impermeable container, labeled according to paragraph (k)(8) of this 
section and disposed of according to paragraph (l) of this section.
    (7) Any spills or releases of asbestos containing waste material 
from inside of the enclosure or vacuum hose or vacuum filter shall be 
immediately cleaned up and disposed of according to paragraph (l) of the 
section.

                  [B] Low Pressure/Wet Cleaning Method

    (1) A catch basin shall be placed under the brake assembly, 
positioned to avoid splashes and spills.
    (2) The reservoir shall contain water containing an organic solvent 
or wetting agent. The flow of liquid shall be controlled such that the 
brake assembly is gently flooded to

[[Page 208]]

prevent the asbestos-containing brake dust from becoming airborne.
    (3) The aqueous solution shall be allowed to flow between the brake 
drum and brake support before the drum is removed.
    (4) After removing the brake drum, the wheel hub and back of the 
brake assembly shall be thoroughly wetted to suppress dust.
    (5) The brake support plate, brake shoes and brake components used 
to attach the brake shoes shall be thoroughly washed before removing the 
old shoes.
    (6) In systems using filters, the filters, when full, shall be first 
wetted with a fine mist of water, then removed and placed immediately in 
an impermeable container, labeled according to paragraph (k)(8) of this 
section and disposed of according to paragraph (l) of this section.
    (7) Any spills of asbestos-containing aqueous solution or any 
asbestos-containing waste material shall be cleaned up immediately and 
disposed of according to paragraph (l) of this section.
    (8) The use of dry brushing during low pressure/wet cleaning 
operations is prohibited.

                         [C] Equivalent Methods

    An equivalent method is one which has sufficient written detail so 
that it can be reproduced and has been demonstrated that the exposures 
resulting from the equivalent method are equal to or less than the 
exposures which would result from the use of the method described in 
paragraph [A] of this appendix. For purposes of making this comparison, 
the employer shall assume that exposures resulting from the use of the 
method described in paragraph [A] of this appendix shall not exceed 
0.016 f/cc, as measured by the OSHA reference method and as averaged 
over at least 18 personal samples.

                             [D] Wet Method

    (1) A spray bottle, hose nozzle, or other implement capable of 
delivering a fine mist of water or amended water or other delivery 
system capable of delivering water at low pressure, shall be used to 
first thoroughly wet the brake and clutch parts. Brake and clutch 
components shall then be wiped clean with a cloth.
    (2) The cloth shall be placed in an impermeable container, labelled 
according to paragraph (k)(8) of this section and then disposed of 
according to paragraph (l) of this section, or the cloth shall be 
laundered in a way to prevent the release of asbestos fibers in excess 
of 0.1 fiber per cubic centimeter of air.
    (3) Any spills of solvent or any asbestos containing waste material 
shall be cleaned up immediately according to paragraph (l) of this 
section.
    (4) The use of dry brushing during the wet method operations is 
prohibited.

[59 FR 41080, Aug. 10, 1994, as amended at 60 FR 33344, June 28, 1995; 
60 FR 33987, June 29, 1995; 60 FR 36044, July 13, 1995; 60 FR 50412, 
Sept. 29, 1995; 61 FR 43457, Aug. 23, 1996; 63 FR 35137, June 29, 1998; 
67 FR 44545, 44546, July 3, 2002; 70 FR 1143, Jan. 5, 2005; 71 FR 16674, 
Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR 75587, Dec. 12, 2009; 76 
FR 33610, June 8, 2011; 77 FR 17888, Mar. 26, 2012; 78 FR 9315, Feb. 8, 
2013; 84 FR 21555, 12597, May 14, 2019]



Sec.  1915.1002  Coal tar pitch volatiles; interpretation of term.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1002 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1003  13 carcinogens (4-Nitrobiphenyl, etc.).

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1004  alpha-Naphthylamine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1005  [Reserved]



Sec.  1915.1006  Methyl chloromethyl ether.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1007  3,3'-Dichlorobenzidiene (and its salts).

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1008  bis-Chloromethyl ether.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]

[[Page 209]]



Sec.  1915.1009  beta-Naphthylamine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1010  Benzidine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1011  4-Aminodiphenyl.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1012  Ethyleneimine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1013  beta-Propiolactone.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1014  2-Acetylaminofluorene.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1015  4-Dimethylaminoazobenzene.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1016  N-Nitrosodimethylamine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1017  Vinyl chloride.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1017 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec.  1915.1018  Inorganic arsenic.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1018 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1020  Access to employee exposure and medical records.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1020 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1024  Beryllium.

    (a) Scope and application. (1) This standard applies to occupational 
exposure to beryllium in all forms, compounds, and mixtures in 
shipyards, except those articles and materials exempted by paragraphs 
(a)(2) and (a)(3) of this standard.
    (2) This standard does not apply to articles, as defined in the 
Hazard Communication standard (HCS) (29 CFR 1910.1200(c)), that contain 
beryllium and that the employer does not process.
    (3) This standard does not apply to materials containing less than 
0.1% beryllium by weight where the employer has objective data 
demonstrating that employee exposure to beryllium will remain below the 
action level as an 8-hour TWA under any foreseeable conditions.
    (b) Definitions. As used in this standard:
    Action level means a concentration of airborne beryllium of 0.1 
micrograms per cubic meter of air ([micro]g/m\3\) calculated as an 8-
hour time-weighted average (TWA).
    Airborne exposure and airborne exposure to beryllium mean the 
exposure to airborne beryllium that would occur if the employee were not 
using a respirator.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, United

[[Page 210]]

States Department of Labor, or designee.
    Beryllium lymphocyte proliferation test (BeLPT) means the 
measurement of blood lymphocyte proliferation in a laboratory test when 
lymphocytes are challenged with a soluble beryllium salt.
    Beryllium sensitization means a response in the immune system of a 
specific individual who has been exposed to beryllium. There are no 
associated physical or clinical symptoms and no illness or disability 
with beryllium sensitization alone, but the response that occurs through 
beryllium sensitization can enable the immune system to recognize and 
react to beryllium. While not every beryllium-sensitized person will 
develop chronic beryllium disease (CBD), beryllium sensitization is 
essential for development of CBD.
    CBD diagnostic center means a medical diagnostic center that has a 
pulmonologist or pulmonary specialist on staff and on-site facilities to 
perform a clinical evaluation for the presence of chronic beryllium 
disease (CBD). The CBD diagnostic center must have the capacity to 
perform pulmonary function testing (as outlined by the American Thoracic 
Society criteria), bronchoalveolar lavage (BAL), and transbronchial 
biopsy. The CBD diagnostic center must also have the capacity to 
transfer BAL samples to a laboratory for appropriate diagnostic testing 
within 24 hours. The pulmonologist or pulmonary specialist must be able 
to interpret the biopsy pathology and the BAL diagnostic test results.
    Chronic beryllium disease (CBD) means a chronic granulomatous lung 
disease caused by inhalation of airborne beryllium by an individual who 
is beryllium-sensitized.
    Confirmed positive means the person tested has had two abnormal 
BeLPT test results, an abnormal and a borderline test result, or three 
borderline test results from tests conducted within a 3-year period. It 
also means the result of a more reliable and accurate test indicating a 
person has been identified as having beryllium sensitization.
    Director means the Director of the National Institute for 
Occupational Safety and Health (NIOSH), U.S. Department of Health and 
Human Services, or designee.
    Objective data means information, such as air monitoring data from 
industry-wide surveys or calculations based on the composition of a 
substance, demonstrating airborne exposure to beryllium associated with 
a particular product or material or a specific process, task, or 
activity. The data must reflect workplace conditions closely resembling 
or with a higher airborne exposure potential than the processes, types 
of material, control methods, work practices, and environmental 
conditions in the employer's current operations.
    Physician or other licensed health care professional (PLHCP) means 
an individual whose legally permitted scope of practice (i.e., license, 
registration, or certification) allows the individual to independently 
provide or be delegated the responsibility to provide some or all of the 
health care services required by paragraph (k) of this standard.
    Regulated area means an area, including temporary work areas where 
maintenance or non-routine tasks are performed, where an employee's 
airborne exposure exceeds, or can reasonably be expected to exceed, 
either the time-weighted average (TWA) permissible exposure limit (PEL) 
or short term exposure limit (STEL).
    This standard means this beryllium standard, 29 CFR 1915.1024.
    (c) Permissible Exposure Limits (PELs)--(1) Time-weighted average 
(TWA) PEL. The employer must ensure that no employee is exposed to an 
airborne concentration of beryllium in excess of 0.2 [micro]g/m\3\ 
calculated as an 8-hour TWA.
    (2) Short-term exposure limit (STEL). The employer must ensure that 
no employee is exposed to an airborne concentration of beryllium in 
excess of 2.0 [micro]g/m\3\ as determined over a sampling period of 15 
minutes.
    (d) Exposure assessment--(1) General. The employer must assess the 
airborne exposure of each employee who is or

[[Page 211]]

may reasonably be expected to be exposed to airborne beryllium in 
accordance with either the performance option in paragraph (d)(2) or the 
scheduled monitoring option in paragraph (d)(3) of this standard.
    (2) Performance option. The employer must assess the 8-hour TWA 
exposure and the 15-minute short-term exposure for each employee on the 
basis of any combination of air monitoring data and objective data 
sufficient to accurately characterize airborne exposure to beryllium.
    (3) Scheduled monitoring option. (i) The employer must perform 
initial monitoring to assess the 8-hour TWA exposure for each employee 
on the basis of one or more personal breathing zone air samples that 
reflect the airborne exposure of employees on each shift, for each job 
classification, and in each work area.
    (ii) The employer must perform initial monitoring to assess the 
short-term exposure from 15-minute personal breathing zone air samples 
measured in operations that are likely to produce airborne exposure 
above the STEL for each work shift, for each job classification, and in 
each work area.
    (iii) Where several employees perform the same tasks on the same 
shift and in the same work area, the employer may sample a 
representative fraction of these employees in order to meet the 
requirements of paragraph (d)(3) of this standard. In representative 
sampling, the employer must sample the employee(s) expected to have the 
highest airborne exposure to beryllium.
    (iv) If initial monitoring indicates that airborne exposure is below 
the action level and at or below the STEL, the employer may discontinue 
monitoring for those employees whose airborne exposure is represented by 
such monitoring.
    (v) Where the most recent exposure monitoring indicates that 
airborne exposure is at or above the action level but at or below the 
TWA PEL, the employer must repeat such monitoring within six months of 
the most recent monitoring.
    (vi) Where the most recent exposure monitoring indicates that 
airborne exposure is above the TWA PEL, the employer must repeat such 
monitoring within three months of the most recent 8-hour TWA exposure 
monitoring.
    (vii) Where the most recent (non-initial) exposure monitoring 
indicates that airborne exposure is below the action level, the employer 
must repeat such monitoring within six months of the most recent 
monitoring until two consecutive measurements, taken 7 or more days 
apart, are below the action level, at which time the employer may 
discontinue 8-hour TWA exposure monitoring for those employees whose 
exposure is represented by such monitoring, except as otherwise provided 
in paragraph (d)(4) of this standard.
    (viii) Where the most recent exposure monitoring indicates that 
airborne exposure is above the STEL, the employer must repeat such 
monitoring within three months of the most recent short-term exposure 
monitoring until two consecutive measurements, taken 7 or more days 
apart, are below the STEL, at which time the employer may discontinue 
short-term exposure monitoring for those employees whose exposure is 
represented by such monitoring, except as otherwise provided in 
paragraph (d)(4) of this standard.
    (4) Reassessment of exposure. The employer must reassess airborne 
exposure whenever a change in the production, process, control 
equipment, personnel, or work practices may reasonably be expected to 
result in new or additional airborne exposure at or above the action 
level or STEL, or when the employer has any reason to believe that new 
or additional airborne exposure at or above the action level or STEL has 
occurred.
    (5) Methods of sample analysis. The employer must ensure that all 
air monitoring samples used to satisfy the monitoring requirements of 
paragraph (d) of this standard are evaluated by a laboratory that can 
measure beryllium to an accuracy of plus or minus 25 percent within a 
statistical confidence level of 95 percent for airborne concentrations 
at or above the action level.
    (6) Employee notification of assessment results. (i) Within 15 
working days after completing an exposure assessment in accordance with 
paragraph (d) of this standard, the employer must notify

[[Page 212]]

each employee whose airborne exposure is represented by the assessment 
of the results of that assessment individually in writing or post the 
results in an appropriate location that is accessible to each of these 
employees.
    (ii) Whenever an exposure assessment indicates that airborne 
exposure is above the TWA PEL or STEL, the employer must describe in the 
written notification the corrective action being taken to reduce 
airborne exposure to or below the exposure limit(s) exceeded where 
feasible corrective action exists but had not been implemented when the 
monitoring was conducted.
    (7) Observation of monitoring. (i) The employer must provide an 
opportunity to observe any exposure monitoring required by this standard 
to each employee whose airborne exposure is measured or represented by 
the monitoring and each employee's representative(s).
    (ii) When observation of monitoring requires entry into an area 
where the use of personal protective clothing or equipment (which may 
include respirators) is required, the employer must provide each 
observer with appropriate personal protective clothing and equipment at 
no cost to the observer and must ensure that each observer uses such 
clothing and equipment.
    (iii) The employer must ensure that each observer follows all other 
applicable safety and health procedures.
    (e) Regulated areas--(1) Establishment. The employer must establish 
and maintain a regulated area wherever employees are, or can reasonably 
be expected to be, exposed to airborne beryllium at levels above the TWA 
PEL or STEL.
    (2) Demarcation. The employer must identify each regulated area in 
accordance with paragraph (m)(2) of this standard.
    (3) Access. The employer must limit access to regulated areas to:
    (i) Persons the employer authorizes or requires to be in a regulated 
area to perform work duties;
    (ii) Persons entering a regulated area as designated representatives 
of employees for the purpose of exercising the right to observe exposure 
monitoring procedures under paragraph (d)(7) of this standard; and
    (iii) Persons authorized by law to be in a regulated area.
    (4) Provision of personal protective clothing and equipment, 
including respirators. The employer must provide and ensure that each 
employee entering a regulated area uses:
    (i) Respiratory protection in accordance with paragraph (g) of this 
standard; and
    (ii) Personal protective clothing and equipment in accordance with 
paragraph (h) of this standard.
    (f) Methods of compliance--(1) Written exposure control plan. (i) 
The employer must establish, implement, and maintain a written exposure 
control plan, which must contain:
    (A) A list of operations and job titles reasonably expected to 
involve exposure to beryllium;
    (B) A list of engineering controls, work practices, and respiratory 
protection required by paragraph (f)(2) of this standard;
    (C) A list of personal protective clothing and equipment required by 
paragraph (h) of this standard;
    (D) Procedures used to ensure the integrity of each containment used 
to minimize exposures to employees outside of the containment; and
    (E) Procedures for removing, cleaning, and maintaining personal 
protective clothing and equipment in accordance with paragraph (h) of 
this standard.
    (ii) The employer must review and evaluate the effectiveness of each 
written exposure control plan at least annually and update it, as 
necessary, when:
    (A) Any change in production processes, materials, equipment, 
personnel, work practices, or control methods results, or can reasonably 
be expected to result, in new or additional airborne exposure to 
beryllium;
    (B) The employer is notified that an employee is eligible for 
medical removal in accordance with paragraph (l)(1) of this standard, 
referred for evaluation at a CBD diagnostic center, or shows signs or 
symptoms associated with exposure to beryllium; or
    (C) The employer has any reason to believe that new or additional 
airborne exposure is occurring or will occur.

[[Page 213]]

    (iii) The employer must make a copy of the written exposure control 
plan accessible to each employee who is, or can reasonably be expected 
to be, exposed to airborne beryllium in accordance with OSHA's Access to 
Employee Exposure and Medical Records (Records Access) standard (29 CFR 
1910.1020(e)).
    (2) Engineering and work practice controls. The employer must use 
engineering and work practice controls to reduce and maintain employee 
airborne exposure to beryllium to or below the TWA PEL and STEL, unless 
the employer can demonstrate that such controls are not feasible. 
Wherever the employer demonstrates that it is not feasible to reduce 
airborne exposure to or below the PELs with engineering and work 
practice controls, the employer must implement and maintain engineering 
and work practice controls to reduce airborne exposure to the lowest 
levels feasible and supplement these controls by using respiratory 
protection in accordance with paragraph (g) of this standard.
    (3) Prohibition of rotation. The employer must not rotate employees 
to different jobs to achieve compliance with the PELs.
    (g) Respiratory protection--(1) General. The employer must provide 
respiratory protection at no cost to the employee and ensure that each 
employee uses respiratory protection:
    (i) During periods necessary to install or implement feasible 
engineering and work practice controls where airborne exposure exceeds, 
or can reasonably be expected to exceed, the TWA PEL or STEL;
    (ii) During operations, including maintenance and repair activities 
and non-routine tasks, when engineering and work practice controls are 
not feasible and airborne exposure exceeds, or can reasonably be 
expected to exceed, the TWA PEL or STEL;
    (iii) During operations for which an employer has implemented all 
feasible engineering and work practice controls when such controls are 
not sufficient to reduce airborne exposure to or below the TWA PEL or 
STEL; and
    (iv) When an employee who is eligible for medical removal under 
paragraph (l)(1) chooses to remain in a job with airborne exposure at or 
above the action level, as permitted by paragraph (l)(2)(ii).
    (2) Respiratory protection program. Where this standard requires an 
employer to provide respiratory protection, the selection and use of 
such respiratory protection must be in accordance with the Respiratory 
Protection standard (29 CFR 1910.134).
    (3) The employer must provide at no cost to the employee a powered 
air-purifying respirator (PAPR) instead of a negative pressure 
respirator when:
    (i) Respiratory protection is required by this standard;
    (ii) An employee entitled to such respiratory protection requests a 
PAPR; and
    (iii) The PAPR provides adequate protection to the employee in 
accordance with paragraph (g)(2) of this standard.
    (h) Personal protective clothing and equipment-- (1) Provision and 
use. Where airborne exposure exceeds, or can reasonably be expected to 
exceed, the TWA PEL or STEL, the employer must provide at no cost, and 
ensure that each employee uses, appropriate personal protective clothing 
and equipment in accordance with the written exposure control plan 
required under paragraph (f)(1) of this standard and OSHA's Personal 
Protective Equipment standards for shipyards (subpart I of this part).
    (2) Removal of personal protective clothing and equipment. (i) The 
employer must ensure that each employee removes all personal protective 
clothing and equipment required by this standard at the end of the work 
shift or at the completion of all tasks involving beryllium, whichever 
comes first.
    (ii) The employer must ensure that personal protective clothing and 
equipment required by this standard is not removed in a manner that 
disperses beryllium into the air, and is removed as specified in the 
written exposure control plan required by paragraph (f)(1) of this 
standard.
    (iii) The employer must ensure that no employee with reasonably 
expected exposure above the TWA PEL or STEL removes personal protective 
clothing and equipment required by this standard from the workplace 
unless it has

[[Page 214]]

been cleaned in accordance with paragraph (h)(3)(ii) of this standard.
    (3) Cleaning and replacement. (i) The employer must ensure that all 
reusable personal protective clothing and equipment required by this 
standard is cleaned, laundered, repaired, and replaced as needed to 
maintain its effectiveness.
    (ii) The employer must ensure that beryllium is not removed from 
personal protective clothing and equipment required by this standard by 
blowing, shaking, or any other means that disperses beryllium into the 
air.
    (i) [Reserved]
    (j) Housekeeping. (1) When cleaning dust resulting from operations 
that cause, or can reasonably be expected to cause, airborne exposure 
above the TWA PEL or STEL, the employer must ensure the use of methods 
that minimize the likelihood and level of airborne exposure.
    (2) The employer must not allow dry sweeping or brushing for 
cleaning up dust resulting from operations that cause, or can reasonably 
be expected to cause, airborne exposure above the TWA PEL or STEL unless 
methods that minimize the likelihood and level of airborne exposure are 
not safe or effective.
    (3) The employer must not allow the use of compressed air for 
cleaning where the use of compressed air causes, or can reasonably be 
expected to cause, airborne exposure above the TWA PEL or STEL.
    (4) Where employees use dry sweeping, brushing, or compressed air to 
clean, the employer must provide, and ensure that each employee uses, 
respiratory protection and personal protective clothing and equipment in 
accordance with paragraphs (g) and (h) of this standard.
    (5) The employer must ensure that cleaning equipment is handled and 
maintained in a manner that minimizes the likelihood and level of 
airborne exposure and the re-entrainment of airborne beryllium in the 
workplace.
    (k) Medical surveillance--(1) General. (i) The employer must make 
medical surveillance required by this paragraph available at no cost to 
the employee, and at a reasonable time and place, to each employee:
    (A) Who is or is reasonably expected to be exposed at or above the 
action level for more than 30 days per year;
    (B) Who shows signs or symptoms of CBD or other beryllium-related 
health effects; or
    (C) Whose most recent written medical opinion required by paragraph 
(k)(6) or (k)(7) recommends periodic medical surveillance.
    (ii) The employer must ensure that all medical examinations and 
procedures required by this standard are performed by, or under the 
direction of, a licensed physician.
    (2) Frequency. The employer must provide a medical examination:
    (i) Within 30 days after determining that:
    (A) An employee meets the criteria of paragraph (k)(1)(i)(A) of this 
standard, unless the employee has received a medical examination, 
provided in accordance with this standard, within the last two years; or
    (B) An employee meets the criteria of paragraph (k)(1)(i)(B) of this 
standard.
    (ii) At least every two years thereafter for each employee who 
continues to meet the criteria of paragraph (k)(1)(i)(A), (B), or (C) of 
this standard.
    (iii) At the termination of employment for each employee who meets 
any of the criteria of paragraph (k)(1)(i) of this standard at the time 
the employee's employment terminates, unless an examination has been 
provided in accordance with this standard during the six months prior to 
the date of termination.
    (3) Contents of examination. (i) The employer must ensure that the 
PLHCP conducting the examination advises the employee of the risks and 
benefits of participating in the medical surveillance program and the 
employee's right to opt out of any or all parts of the medical 
examination.
    (ii) The employer must ensure that the employee is offered a medical 
examination that includes:
    (A) A medical and work history, with emphasis on past and present 
exposure to beryllium, smoking history, and any history of respiratory 
system dysfunction;
    (B) A physical examination with emphasis on the respiratory system;

[[Page 215]]

    (C) A physical examination for skin rashes;
    (D) Pulmonary function tests, performed in accordance with the 
guidelines established by the American Thoracic Society including forced 
vital capacity (FVC) and forced expiratory volume in one second 
(FEV1);
    (E) A standardized BeLPT or equivalent test, upon the first 
examination and at least every two years thereafter, unless the employee 
is confirmed positive. If the results of the BeLPT are other than 
normal, a follow-up BeLPT must be offered within 30 days, unless the 
employee has been confirmed positive. Samples must be analyzed in a 
laboratory certified under the College of American Pathologists/Clinical 
Laboratory Improvement Amendments (CLIA) guidelines to perform the 
BeLPT.
    (F) A low dose computed tomography (LDCT) scan, when recommended by 
the PLHCP after considering the employee's history of exposure to 
beryllium along with other risk factors, such as smoking history, family 
medical history, sex, age, and presence of existing lung disease; and
    (G) Any other test deemed appropriate by the PLHCP.
    (4) Information provided to the PLHCP. The employer must ensure that 
the examining PLHCP (and the agreed-upon CBD diagnostic center, if an 
evaluation is required under paragraph (k)(7) of this standard) has a 
copy of this standard and must provide the following information, if 
known:
    (i) A description of the employee's former and current duties that 
relate to the employee's exposure to beryllium;
    (ii) The employee's former and current levels of airborne exposure;
    (iii) A description of any personal protective clothing and 
equipment, including respirators, used by the employee, including when 
and for how long the employee has used that personal protective clothing 
and equipment; and
    (iv) Information from records of employment-related medical 
examinations previously provided to the employee, currently within the 
control of the employer, after obtaining written consent from the 
employee.
    (5) Licensed physician's written medical report for the employee. 
The employer must ensure that the employee receives a written medical 
report from the licensed physician within 45 days of the examination 
(including any follow-up BeLPT required under paragraph (k)(3)(ii)(E) of 
this standard) and that the PLHCP explains the results of the 
examination to the employee. The written medical report must contain:
    (i) A statement indicating the results of the medical examination, 
including the licensed physician's opinion as to whether the employee 
has:
    (A) Any detected medical condition, such as CBD or beryllium 
sensitization (i.e., the employee is confirmed positive, as defined in 
paragraph (b) of this standard), that may place the employee at 
increased risk from further airborne exposure, and
    (B) Any medical conditions related to airborne exposure that require 
further evaluation or treatment.
    (ii) Any recommendations on:
    (A) The employee's use of respirators, protective clothing, or 
equipment; or
    (B) Limitations on the employee's airborne exposure to beryllium.
    (iii) If the employee is confirmed positive or diagnosed with CBD or 
if the licensed physician otherwise deems it appropriate, the written 
report must also contain a referral for an evaluation at a CBD 
diagnostic center.
    (iv) If the employee is confirmed positive or diagnosed with CBD the 
written report must also contain a recommendation for continued periodic 
medical surveillance.
    (v) If the employee is confirmed positive or diagnosed with CBD the 
written report must also contain a recommendation for medical removal 
from airborne exposure to beryllium, as described in paragraph (l).
    (6) Licensed physician's written medical opinion for the employer. 
(i) The employer must obtain a written medical opinion from the licensed 
physician within 45 days of the medical examination (including any 
follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this 
standard). The written medical opinion must contain only the following:
    (A) The date of the examination;

[[Page 216]]

    (B) A statement that the examination has met the requirements of 
this standard;
    (C) Any recommended limitations on the employee's use of 
respirators, protective clothing, or equipment; and
    (D) A statement that the PLHCP has explained the results of the 
medical examination to the employee, including any tests conducted, any 
medical conditions related to airborne exposure that require further 
evaluation or treatment, and any special provisions for use of personal 
protective clothing or equipment;
    (ii) If the employee provides written authorization, the written 
opinion must also contain any recommended limitations on the employee's 
airborne exposure to beryllium.
    (iii) If the employee is confirmed positive or diagnosed with CBD or 
if the licensed physician otherwise deems it appropriate, and the 
employee provides written authorization, the written opinion must also 
contain a referral for an evaluation at a CBD diagnostic center.
    (iv) If the employee is confirmed positive or diagnosed with CBD and 
the employee provides written authorization, the written opinion must 
also contain a recommendation for continued periodic medical 
surveillance.
    (v) If the employee is confirmed positive or diagnosed with CBD and 
the employee provides written authorization, the written opinion must 
also contain a recommendation for medical removal from airborne exposure 
to beryllium, as described in paragraph (l).
    (vi) The employer must ensure that each employee receives a copy of 
the written medical opinion described in paragraph (k)(6) of this 
standard within 45 days of any medical examination (including any 
follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this standard) 
performed for that employee.
    (7) CBD diagnostic center. (i) The employer must provide an 
evaluation at no cost to the employee at a CBD diagnostic center that is 
mutually agreed upon by the employer and the employee. The evaluation at 
the CBD diagnostic center must be scheduled within 30 days, and must 
occur within a reasonable time, of:
    (A) The employer's receipt of a physician's written medical opinion 
to the employer that recommends referral to a CBD diagnostic center; or
    (B) The employee presenting to the employer a physician's written 
medical report indicating that the employee has been confirmed positive 
or diagnosed with CBD, or recommending referral to a CBD diagnostic 
center.
    (ii) The employer must ensure that, as part of the evaluation, the 
employee is offered any tests deemed appropriate by the examining 
physician at the CBD diagnostic center, such as pulmonary function 
testing (as outlined by the American Thoracic Society criteria), 
bronchoalveolar lavage (BAL), and transbronchial biopsy. If any of the 
tests deemed appropriate by the examining physician are not available at 
the CBD diagnostic center, they may be performed at another location 
that is mutually agreed upon by the employer and the employee.
    (iii) The employer must ensure that the employee receives a written 
medical report from the CBD diagnostic center that contains all the 
information required in paragraph (k)(5)(i), (ii), (iv), and (v) and 
that the PLHCP explains the results of the examination to the employee 
within 30 days of the examination.
    (iv) The employer must obtain a written medical opinion from the CBD 
diagnostic center within 30 days of the medical examination. The written 
medical opinion must contain only the information in paragraphs 
(k)(6)(i), as applicable, unless the employee provides written 
authorization to release additional information. If the employee 
provides written authorization, the written opinion must also contain 
the information from paragraphs (k)(6)(ii), (iv), and (v), if 
applicable.
    (v) The employer must ensure that each employee receives a copy of 
the written medical opinion from the CBD diagnostic center described in 
paragraph (k)(7) of this standard within 30 days of any medical 
examination performed for that employee.
    (vi) After an employee has received the initial clinical evaluation 
at a CBD

[[Page 217]]

diagnostic center described in paragraph (k)(7)(i) of this standard, the 
employee may choose to have any subsequent medical examinations for 
which the employee is eligible under paragraph (k) of this standard 
performed at a CBD diagnostic center mutually agreed upon by the 
employer and the employee, and the employer must provide such 
examinations at no cost to the employee.
    (l) Medical removal. (1) An employee is eligible for medical 
removal, if the employee works in a job with airborne exposure at or 
above the action level and either:
    (i) The employee provides the employer with:
    (A) A written medical report indicating a confirmed positive finding 
or CBD diagnosis; or
    (B) A written medical report recommending removal from airborne 
exposure to beryllium in accordance with paragraph (k)(5)(v) or 
(k)(7)(ii) of this standard; or
    (ii) The employer receives a written medical opinion recommending 
removal from airborne exposure to beryllium in accordance with paragraph 
(k)(6)(v) or (k)(7)(iii) of this standard.
    (2) If an employee is eligible for medical removal, the employer 
must provide the employee with the employee's choice of:
    (i) Removal as described in paragraph (l)(3) of this standard; or
    (ii) Remaining in a job with airborne exposure at or above the 
action level, provided that the employer provides, and ensures that the 
employee uses, respiratory protection that complies with paragraph (g) 
of this standard whenever airborne exposures are at or above the action 
level.
    (3) If the employee chooses removal:
    (i) If a comparable job is available where airborne exposures to 
beryllium are below the action level, and the employee is qualified for 
that job or can be trained within one month, the employer must remove 
the employee to that job. The employer must maintain for six months from 
the time of removal the employee's base earnings, seniority, and other 
rights and benefits that existed at the time of removal.
    (ii) If comparable work is not available, the employer must maintain 
the employee's base earnings, seniority, and other rights and benefits 
that existed at the time of removal for six months or until such time 
that comparable work described in paragraph (l)(3)(i) becomes available, 
whichever comes first.
    (4) The employer's obligation to provide medical removal protection 
benefits to a removed employee shall be reduced to the extent that the 
employee receives compensation for earnings lost during the period of 
removal from a publicly or employer-funded compensation program, or 
receives income from another employer made possible by virtue of the 
employee's removal.
    (m) Communication of hazards--(1) General. (i) Chemical 
manufacturers, importers, distributors, and employers must comply with 
all requirements of the HCS (29 CFR 1910.1200) for beryllium.
    (ii) Employers must include beryllium in the hazard communication 
program established to comply with the HCS. Employers must ensure that 
each employee has access to labels on containers of beryllium and to 
safety data sheets, and is trained in accordance with the requirements 
of the HCS (29 CFR 1910.1200) and paragraph (m)(3) of this standard.
    (2) Warning signs. (i) Posting. The employer must provide and 
display warning signs at each approach to a regulated area so that each 
employee is able to read and understand the signs and take necessary 
protective steps before entering the area.
    (ii) Sign specification. (A) The employer must ensure that the 
warning signs required by paragraph (m)(2)(i) of this standard are 
legible and readily visible.
    (B) The employer must ensure each warning sign required by paragraph 
(m)(2)(i) of this standard bears the following legend:

DANGER
REGULATED AREA
BERYLLIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
WEAR RESPIRATORY PROTECTION AND PERSONAL PROTECTIVE CLOTHING AND 
EQUIPMENT IN THIS AREA


[[Page 218]]


    (3) Employee information and training. (i) For each employee who 
has, or can reasonably be expected to have, airborne exposure to 
beryllium:
    (A) The employer must provide information and training in accordance 
with the HCS (29 CFR 1910.1200(h));
    (B) The employer must provide initial training to each employee by 
the time of initial assignment; and
    (C) The employer must repeat the training required under this 
standard annually for each employee.
    (ii) The employer must ensure that each employee who is, or can 
reasonably be expected to be, exposed to airborne beryllium can 
demonstrate knowledge and understanding of the following:
    (A) The health hazards associated with exposure to beryllium, 
including the signs and symptoms of CBD;
    (B) The written exposure control plan, with emphasis on the 
location(s) of any regulated areas, and the specific nature of 
operations that could result in airborne exposure, especially airborne 
exposure above the TWA PEL or STEL;
    (C) The purpose, proper selection, fitting, proper use, and 
limitations of personal protective clothing and equipment, including 
respirators;
    (D) Measures employees can take to protect themselves from exposure 
to beryllium;
    (E) The purpose and a description of the medical surveillance 
program required by paragraph (k) of this standard including risks and 
benefits of each test to be offered;
    (F) The purpose and a description of the medical removal protection 
provided under paragraph (l) of this standard;
    (G) The contents of the standard; and
    (H) The employee's right of access to records under the Records 
Access standard (29 CFR 1910.1020).
    (iii) When a workplace change (such as modification of equipment, 
tasks, or procedures) results in new or increased airborne exposure that 
exceeds, or can reasonably be expected to exceed, either the TWA PEL or 
the STEL, the employer must provide additional training to those 
employees affected by the change in airborne exposure.
    (iv) The employer must make a copy of this standard and its 
appendices readily available at no cost to each employee and designated 
employee representative(s).
    (n) Recordkeeping--(1) Air monitoring data. (i) The employer must 
make and maintain a record of all exposure measurements taken to assess 
airborne exposure as prescribed in paragraph (d) of this standard.
    (ii) This record must include at least the following information:
    (A) The date of measurement for each sample taken;
    (B) The task that is being monitored;
    (C) The sampling and analytical methods used and evidence of their 
accuracy;
    (D) The number, duration, and results of samples taken;
    (E) The type of personal protective clothing and equipment, 
including respirators, worn by monitored employees at the time of 
monitoring; and
    (F) The name and job classification of each employee represented by 
the monitoring, indicating which employees were actually monitored.
    (iii) The employer must ensure that exposure records are maintained 
and made available in accordance with the Records Access standard (29 
CFR 1910.1020).
    (2) Objective data. (i) Where an employer uses objective data to 
satisfy the exposure assessment requirements under paragraph (d)(2) of 
this standard, the employer must make and maintain a record of the 
objective data relied upon.
    (ii) This record must include at least the following information:
    (A) The data relied upon;
    (B) The beryllium-containing material in question;
    (C) The source of the objective data;
    (D) A description of the process, task, or activity on which the 
objective data were based; and
    (E) Other data relevant to the process, task, activity, material, or 
airborne exposure on which the objective data were based.
    (iii) The employer must ensure that objective data are maintained 
and made available in accordance with the Records Access standard (29 
CFR 1910.1020).

[[Page 219]]

    (3) Medical surveillance. (i) The employer must make and maintain a 
record for each employee covered by medical surveillance under paragraph 
(k) of this standard.
    (ii) The record must include the following information about each 
employee:
    (A) Name and job classification;
    (B) A copy of all licensed physicians' written medical opinions for 
each employee; and
    (C) A copy of the information provided to the PLHCP as required by 
paragraph (k)(4) of this standard.
    (iii) The employer must ensure that medical records are maintained 
and made available in accordance with the Records Access standard (29 
CFR 1910.1020).
    (4) Training. (i) At the completion of any training required by this 
standard, the employer must prepare a record that indicates the name and 
job classification of each employee trained, the date the training was 
completed, and the topic of the training.
    (ii) This record must be maintained for three years after the 
completion of training.
    (5) Access to records. Upon request, the employer must make all 
records maintained as a requirement of this standard available for 
examination and copying to the Assistant Secretary, the Director, each 
employee, and each employee's designated representative(s) in accordance 
the Records Access standard (29 CFR 1910.1020).
    (6) Transfer of records. The employer must comply with the 
requirements involving transfer of records set forth in the Records 
Access standard (29 CFR 1910.1020).
    (o) Dates--(1) Effective date. This standard shall become effective 
March 10, 2017.
    (2) Compliance dates. (i) All obligations contained in paragraph (c) 
of this standard commence and become enforceable on March 12, 2018; and
    (ii) All other obligations of this standard commence and become 
enforceable on September 30, 2020.

[82 FR 2744, Jan. 9, 2017, as amended at 84 FR 51399, Sept. 30, 2019; 85 
FR 53996, Aug. 31, 2020; 86 FR 11119, Feb. 24, 2021]



Sec.  1915.1025  Lead.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1025 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1026  Chromium (VI).

    (a) Scope. (1) This standard applies to occupational exposures to 
chromium (VI) in all forms and compounds in shipyards, marine terminals, 
and longshoring, except:
    (2) Exposures that occur in the application of pesticides regulated 
by the Environmental Protection Agency or another Federal government 
agency (e.g., the treatment of wood with preservatives);
    (3) Exposures to portland cement; or
    (4) Where the employer has objective data demonstrating that a 
material containing chromium or a specific process, operation, or 
activity involving chromium cannot release dusts, fumes, or mists of 
chromium (VI) in concentrations at or above 0.5 [micro]gm/m\3\ as an 8-
hour time-weighted average (TWA) under any expected conditions of use.
    (b) Definitions. For the purposes of this section the following 
definitions apply:
    Action level means a concentration of airborne chromium (VI) of 2.5 
micrograms per cubic meter of air (2.5 [micro]gm/m\3\) calculated as an 
8-hour time-weighted average (TWA).
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Chromium (VI) [hexavalent chromium or Cr(VI)] means chromium with a 
valence of positive six, in any form and in any compound.
    Director means the Director of the National Institute for 
Occupational Safety and Health (NIOSH), U.S. Department of Health and 
Human Services, or designee.
    Emergency means any occurrence that results, or is likely to result, 
in an uncontrolled release of chromium (VI). If an incidental release of 
chromium (VI) can be controlled at the time of release by employees in 
the immediate release area, or by maintenance personnel, it is not an 
emergency.

[[Page 220]]

    Employee exposure means the exposure to airborne chromium (VI) that 
would occur if the employee were not using a respirator.
    High-efficiency particulate air [HEPA] filter means a filter that is 
at least 99.97 percent efficient in removing mono-dispersed particles of 
0.3 micrometers in diameter or larger.
    Historical monitoring data means data from chromium (VI) monitoring 
conducted prior to May 30, 2006, obtained during work operations 
conducted under workplace conditions closely resembling the processes, 
types of material, control methods, work practices, and environmental 
conditions in the employer's current operations.
    Objective data means information such as air monitoring data from 
industry-wide surveys or calculations based on the composition or 
chemical and physical properties of a substance demonstrating the 
employee exposure to chromium (VI) associated with a particular product 
or material or a specific process, operation, or activity. The data must 
reflect workplace conditions closely resembling the processes, types of 
material, control methods, work practices, and environmental conditions 
in the employer's current operations.
    Physician or other licensed health care professional [PLHCP] is an 
individual whose legally permitted scope of practice (i.e., license, 
registration, or certification) allows him or her to independently 
provide or be delegated the responsibility to provide some or all of the 
particular health care services required by paragraph (i) of this 
section.
    This section means this Sec.  1915.1026 chromium (VI) standard.
    (c) Permissible exposure limit (PEL). The employer shall ensure that 
no employee is exposed to an airborne concentration of chromium (VI) in 
excess of 5 micrograms per cubic meter of air (5 [micro]gm/m\3\), 
calculated as an 8-hour time-weighted average (TWA).
    (d) Exposure determination--(1) General. Each employer who has a 
workplace or work operation covered by this section shall determine the 
8-hour TWA exposure for each employee exposed to chromium (VI). This 
determination shall be made in accordance with either paragraph (d)(2) 
or paragraph (d)(3) of this section.
    (2) Scheduled monitoring option. (i) The employer shall perform 
initial monitoring to determine the 8-hour TWA exposure for each 
employee on the basis of a sufficient number of personal breathing zone 
air samples to accurately characterize full shift exposure on each 
shift, for each job classification, in each work area. Where an employer 
does representative sampling instead of sampling all employees in order 
to meet this requirement, the employer shall sample the employee(s) 
expected to have the highest chromium (VI) exposures.
    (ii) If initial monitoring indicates that employee exposures are 
below the action level, the employer may discontinue monitoring for 
those employees whose exposures are represented by such monitoring.
    (iii) If monitoring reveals employee exposures to be at or above the 
action level, the employer shall perform periodic monitoring at least 
every six months.
    (iv) If monitoring reveals employee exposures to be above the PEL, 
the employer shall perform periodic monitoring at least every three 
months.
    (v) If periodic monitoring indicates that employee exposures are 
below the action level, and the result is confirmed by the result of 
another monitoring taken at least seven days later, the employer may 
discontinue the monitoring for those employees whose exposures are 
represented by such monitoring.
    (vi) The employer shall perform additional monitoring when there has 
been any change in the production process, raw materials, equipment, 
personnel, work practices, or control methods that may result in new or 
additional exposures to chromium (VI), or when the employer has any 
reason to believe that new or additional exposures have occurred.
    (3) Performance-oriented option. The employer shall determine the 8-
hour TWA exposure for each employee on the basis of any combination of 
air monitoring data, historical monitoring data, or objective data 
sufficient to accurately characterize employee exposure to chromium 
(VI).

[[Page 221]]

    (4) Employee notification of determination results. (i) Within 5 
work days after making an exposure determination in accordance with 
paragraph (d)(2) or paragraph (d)(3) of this section, the employer shall 
individually notify each affected employee in writing of the results of 
that determination or post the results in an appropriate location 
accessible to all affected employees.
    (ii) Whenever the exposure determination indicates that employee 
exposure is above the PEL, the employer shall describe in the written 
notification the corrective action being taken to reduce employee 
exposure to or below the PEL.
    (5) Accuracy of measurement. Where air monitoring is performed to 
comply with the requirements of this section, the employer shall use a 
method of monitoring and analysis that can measure chromium (VI) to 
within an accuracy of plus or minus 25 percent (25%) and can produce accurate measurements to within a 
statistical confidence level of 95 percent for airborne concentrations 
at or above the action level.
    (6) Observation of monitoring. (i) Where air monitoring is performed 
to comply with the requirements of this section, the employer shall 
provide affected employees or their designated representatives an 
opportunity to observe any monitoring of employee exposure to chromium 
(VI).
    (ii) When observation of monitoring requires entry into an area 
where the use of protective clothing or equipment is required, the 
employer shall provide the observer with clothing and equipment and 
shall assure that the observer uses such clothing and equipment and 
complies with all other applicable safety and health procedures.
    (e) Methods of compliance--(1) Engineering and work practice 
controls. (i) Except as permitted in paragraph (e)(1)(ii) of this 
section, the employer shall use engineering and work practice controls 
to reduce and maintain employee exposure to chromium (VI) to or below 
the PEL unless the employer can demonstrate that such controls are not 
feasible. Wherever feasible engineering and work practice controls are 
not sufficient to reduce employee exposure to or below the PEL, the 
employer shall use them to reduce employee exposure to the lowest levels 
achievable, and shall supplement them by the use of respiratory 
protection that complies with the requirements of paragraph (f) of this 
section.
    (ii) Where the employer can demonstrate that a process or task does 
not result in any employee exposure to chromium (VI) above the PEL for 
30 or more days per year (12 consecutive months), the requirement to 
implement engineering and work practice controls to achieve the PEL does 
not apply to that process or task.
    (2) Prohibition of rotation. The employer shall not rotate employees 
to different jobs to achieve compliance with the PEL.
    (f) Respiratory protection--(1) General. Where respiratory 
protection is required by this section, the employer must provide each 
employee an appropriate respirator that complies with the requirements 
of this paragraph. Respiratory protection is required during:
    (i) Periods necessary to install or implement feasible engineering 
and work practice controls;
    (ii) Work operations, such as maintenance and repair activities, for 
which engineering and work practice controls are not feasible;
    (iii) Work operations for which an employer has implemented all 
feasible engineering and work practice controls and such controls are 
not sufficient to reduce exposures to or below the PEL;
    (iv) Work operations where employees are exposed above the PEL for 
fewer than 30 days per year, and the employer has elected not to 
implement engineering and work practice controls to achieve the PEL; or
    (v) Emergencies.
    (2) Respiratory protection program. Where respirator use is required 
by this section, the employer shall institute a respiratory protection 
program in accordance with Sec.  1910.134, which covers each employee 
required to use a respirator.
    (g) Protective work clothing and equipment--(1) Provision and use. 
Where a hazard is present or is likely to be present from skin or eye 
contact with chromium (VI), the employer shall provide appropriate 
personal protective

[[Page 222]]

clothing and equipment at no cost to employees, and shall ensure that 
employees use such clothing and equipment.
    (2) Removal and storage. (i) The employer shall ensure that 
employees remove all protective clothing and equipment contaminated with 
chromium (VI) at the end of the work shift or at the completion of their 
tasks involving chromium (VI) exposure, whichever comes first.
    (ii) The employer shall ensure that no employee removes chromium 
(VI)-contaminated protective clothing or equipment from the workplace, 
except for those employees whose job it is to launder, clean, maintain, 
or dispose of such clothing or equipment.
    (iii) When contaminated protective clothing or equipment is removed 
for laundering, cleaning, maintenance, or disposal, the employer shall 
ensure that it is stored and transported in sealed, impermeable bags or 
other closed, impermeable containers.
    (iv) The employer shall ensure that bags or containers of 
contaminated protective clothing or equipment that are removed from 
change rooms for laundering, cleaning, maintenance, or disposal are 
labeled in accordance with the requirements of the Hazard Communication 
Standard, Sec.  1910.1200.
    (3) Cleaning and replacement. (i) The employer shall clean, launder, 
repair and replace all protective clothing and equipment required by 
this section as needed to maintain its effectiveness.
    (ii) The employer shall prohibit the removal of chromium (VI) from 
protective clothing and equipment by blowing, shaking, or any other 
means that disperses chromium (VI) into the air or onto an employee's 
body.
    (iii) The employer shall inform any person who launders or cleans 
protective clothing or equipment contaminated with chromium (VI) of the 
potentially harmful effects of exposure to chromium (VI) and that the 
clothing and equipment should be laundered or cleaned in a manner that 
minimizes skin or eye contact with chromium (VI) and effectively 
prevents the release of airborne chromium (VI) in excess of the PEL.
    (h) Hygiene areas and practices--(1) General. Where protective 
clothing and equipment is required, the employer shall provide change 
rooms in conformance with 29 CFR 1910.141. Where skin contact with 
chromium (VI) occurs, the employer shall provide washing facilities in 
conformance with 29 CFR 1915.97. Eating and drinking areas provided by 
the employer shall also be in conformance with Sec.  1915.97.
    (2) Change rooms. The employer shall assure that change rooms are 
equipped with separate storage facilities for protective clothing and 
equipment and for street clothes, and that these facilities prevent 
cross-contamination.
    (3) Washing facilities. (i) The employer shall provide readily 
accessible washing facilities capable of removing chromium (VI) from the 
skin, and shall ensure that affected employees use these facilities when 
necessary.
    (ii) The employer shall ensure that employees who have skin contact 
with chromium (VI) wash their hands and faces at the end of the work 
shift and prior to eating, drinking, smoking, chewing tobacco or gum, 
applying cosmetics, or using the toilet.
    (4) Eating and drinking areas. (i) Whenever the employer allows 
employees to consume food or beverages at a worksite where chromium (VI) 
is present, the employer shall ensure that eating and drinking areas and 
surfaces are maintained as free as practicable of chromium (VI).
    (ii) The employer shall ensure that employees do not enter eating 
and drinking areas with protective work clothing or equipment unless 
surface chromium (VI) has been removed from the clothing and equipment 
by methods that do not disperse chromium (VI) into the air or onto an 
employee's body.
    (5) Prohibited activities. The employer shall ensure that employees 
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in 
areas where skin or eye contact with chromium (VI) occurs; or carry the 
products associated with these activities, or store such products in 
these areas.
    (i) Medical surveillance--(1) General. (i) The employer shall make 
medical surveillance available at no cost to the employee, and at a 
reasonable time and place, for all employees:

[[Page 223]]

    (A) Who are or may be occupationally exposed to chromium (VI) at or 
above the action level for 30 or more days a year;
    (B) Experiencing signs or symptoms of the adverse health effects 
associated with chromium (VI) exposure; or
    (C) Exposed in an emergency.
    (ii) The employer shall assure that all medical examinations and 
procedures required by this section are performed by or under the 
supervision of a PLHCP.
    (2) Frequency. The employer shall provide a medical examination:
    (i) Within 30 days after initial assignment, unless the employee has 
received a chromium (VI) related medical examination that meets the 
requirements of this paragraph within the last twelve months;
    (ii) Annually;
    (iii) Within 30 days after a PLHCP's written medical opinion 
recommends an additional examination;
    (iv) Whenever an employee shows signs or symptoms of the adverse 
health effects associated with chromium (VI) exposure;
    (v) Within 30 days after exposure during an emergency which results 
in an uncontrolled release of chromium (VI); or
    (vi) At the termination of employment, unless the last examination 
that satisfied the requirements of paragraph (i) of this section was 
less than six months prior to the date of termination.
    (3) Contents of examination. A medical examination consists of:
    (i) A medical and work history, with emphasis on: past, present, and 
anticipated future exposure to chromium (VI); any history of respiratory 
system dysfunction; any history of asthma, dermatitis, skin ulceration, 
or nasal septum perforation; and smoking status and history;
    (ii) A physical examination of the skin and respiratory tract; and
    (iii) Any additional tests deemed appropriate by the examining 
PLHCP.
    (4) Information provided to the PLHCP. The employer shall ensure 
that the examining PLHCP has a copy of this standard, and shall provide 
the following information:
    (i) A description of the affected employee's former, current, and 
anticipated duties as they relate to the employee's occupational 
exposure to chromium (VI);
    (ii) The employee's former, current, and anticipated levels of 
occupational exposure to chromium (VI);
    (iii) A description of any personal protective equipment used or to 
be used by the employee, including when and for how long the employee 
has used that equipment; and
    (iv) Information from records of employment-related medical 
examinations previously provided to the affected employee, currently 
within the control of the employer.
    (5) PLHCP's written medical opinion. (i) The employer shall obtain a 
written medical opinion from the PLHCP, within 30 days for each medical 
examination performed on each employee, which contains:
    (A) The PLHCP's opinion as to whether the employee has any detected 
medical condition(s) that would place the employee at increased risk of 
material impairment to health from further exposure to chromium (VI);
    (B) Any recommended limitations upon the employee's exposure to 
chromium (VI) or upon the use of personal protective equipment such as 
respirators;
    (C) A statement that the PLHCP has explained to the employee the 
results of the medical examination, including any medical conditions 
related to chromium (VI) exposure that require further evaluation or 
treatment, and any special provisions for use of protective clothing or 
equipment.
    (ii) The PLHCP shall not reveal to the employer specific findings or 
diagnoses unrelated to occupational exposure to chromium (VI).
    (iii) The employer shall provide a copy of the PLHCP's written 
medical opinion to the examined employee within two weeks after 
receiving it.
    (j) Communication of chromium (VI) hazards to employees--(1) Hazard 
communication. The employer shall include chromium (VI) in the program 
established to comply with the Hazard Communication Standard (HCS) 
(Sec.  1910.1200). The employer shall ensure that each employee has 
access to labels

[[Page 224]]

on containers of chromium (VI) and safety data sheets, and is trained in 
accordance with the provisions of HCS and paragraph (j)(2) of this 
section. The employer shall ensure that at least the following hazards 
are addressed: Cancer; skin sensitization; and eye irritation.
    (2) Employee information and training. (i) The employer shall ensure 
that each employee can demonstrate knowledge of at least the following:
    (A) The contents of this section; and
    (B) The purpose and a description of the medical surveillance 
program required by paragraph (i) of this section.
    (ii) The employer shall make a copy of this section readily 
available without cost to all affected employees.
    (k) Recordkeeping--(1) Air monitoring data. (i) The employer shall 
maintain an accurate record of all air monitoring conducted to comply 
with the requirements of this section.
    (ii) This record shall include at least the following information:
    (A) The date of measurement for each sample taken;
    (B) The operation involving exposure to chromium (VI) that is being 
monitored;
    (C) Sampling and analytical methods used and evidence of their 
accuracy;
    (D) Number, duration, and the results of samples taken;
    (E) Type of personal protective equipment, such as respirators worn; 
and
    (F) Name and job classification of all employees represented by the 
monitoring, indicating which employees were actually monitored.
    (iii) The employer shall ensure that exposure records are maintained 
and made available in accordance with 29 CFR 1910.1020.
    (2) Historical monitoring data. (i) Where the employer has relied on 
historical monitoring data to determine exposure to chromium (VI), the 
employer shall establish and maintain an accurate record of the 
historical monitoring data relied upon.
    (ii) The record shall include information that reflects the 
following conditions:
    (A) The data were collected using methods that meet the accuracy 
requirements of paragraph (d)(5) of this section;
    (B) The processes and work practices that were in use when the 
historical monitoring data were obtained are essentially the same as 
those to be used during the job for which exposure is being determined;
    (C) The characteristics of the chromium (VI) containing material 
being handled when the historical monitoring data were obtained are the 
same as those on the job for which exposure is being determined;
    (D) Environmental conditions prevailing when the historical 
monitoring data were obtained are the same as those on the job for which 
exposure is being determined; and
    (E) Other data relevant to the operations, materials, processing, or 
employee exposures covered by the exception.
    (iii) The employer shall ensure that historical exposure records are 
maintained and made available in accordance with 29 CFR 1910.1020.
    (3) Objective data. (i) The employer shall maintain an accurate 
record of all objective data relied upon to comply with the requirements 
of this section.
    (ii) This record shall include at least the following information:
    (A) The chromium containing material in question;
    (B) The source of the objective data;
    (C) The testing protocol and results of testing, or analysis of the 
material for the release of chromium (VI);
    (D) A description of the process, operation, or activity and how the 
data support the determination; and
    (E) Other data relevant to the process, operation, activity, 
material, or employee exposures.
    (iii) The employer shall ensure that objective data are maintained 
and made available in accordance with 29 CFR 1910.1020.
    (4) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee covered by medical 
surveillance under paragraph (i) of this section.
    (ii) The record shall include the following information about the 
employee:
    (A) Name;

[[Page 225]]

    (B) A copy of the PLHCP's written opinions;
    (C) A copy of the information provided to the PLHCP as required by 
paragraph (i)(4) of this section.
    (iii) The employer shall ensure that medical records are maintained 
and made available in accordance with 29 CFR 1910.1020.
    (l) Dates. (1) For employers with 20 or more employees, all 
obligations of this section, except engineering controls required by 
paragraph (e) of this section, commence November 27, 2006.
    (2) For employers with 19 or fewer employees, all obligations of 
this section, except engineering controls required by paragraph (e) of 
this section, commence May 30, 2007.
    (3) For all employers, engineering controls required by paragraph 
(e) of this section shall be implemented no later than May 31, 2010.

[71 FR 10378, Feb. 28, 2006, as amended at 73 FR 75587, Dec. 12, 2008; 
75 FR 12686, Mar. 17, 2010; 77 FR 17889, Mar. 26, 2012; 84 FR 21597, May 
14, 2019]



Sec.  1915.1027  Cadmium.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1027 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1028  Benzene.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1028 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1030  Bloodborne pathogens.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1030 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1044  1,2-dibromo-3-chloropropane.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1044 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1045  Acrylonitrile.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1045 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1047  Ethylene oxide.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1047 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1048  Formaldehyde.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1048 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1050  Methylenedianiline.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1050 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1052  Methylene chloride.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at 29 CFR 1910.1052.

[62 FR 1619, Jan. 10, 1997]



Sec.  1915.1053  Respirable crystalline silica.

    The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1053 of this 
chapter.

[81 FR 16875, Mar. 25, 2016]



Sec.  1915.1200  Hazard communication.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1200 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec.  1915.1450  Occupational exposure to hazardous chemicals in laboratories.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec.  1910.1450 of this 
chapter.

[61 FR 31431, June 20, 1996]

[[Page 226]]



Sec.  1915.1501  COVID-19.

    The requirements applicable to shipyard employment under this 
section are identical to those set forth at 29 CFR 1910.501.

[86 FR 61554, Nov. 5, 2021]



PART 1917_MARINE TERMINALS--Table of Contents



                      Subpart A_General Provisions

Sec.
1917.1 Scope and applicability.
1917.2 Definitions.
1917.3 Incorporation by reference.
1917.4 OMB control numbers under the Paperwork Reduction Act.
1917.5 Compliance duties owed to each employee.

                  Subpart B_Marine Terminal Operations

1917.11 Housekeeping.
1917.12 Slippery conditions.
1917.13 Slinging.
1917.14 Stacking of cargo and pallets.
1917.15 Coopering.
1917.16 Line handling. (See also Sec.  1917.95(b)).
1917.17 Railroad facilities.
1917.18 Log handling.
1917.19 Movement of barges and railcars.
1917.20 Interference with communications.
1917.21 Open fires.
1917.22 Hazardous cargo (See Sec.  1917.2(p)).
1917.23 Hazardous atmospheres and substances (see also Sec.  1917.2 
          Hazardous cargo, material, substance or atmosphere).
1917.24 Carbon monoxide.
1917.25 Fumigants, pesticides, insecticides and hazardous preservatives 
          (see also Sec.  1917.2 Hazardous cargo, material, substance or 
          atmosphere).
1917.26 First aid and lifesaving facilities.
1917.27 Personnel.
1917.28 Hazard communication (See also Sec.  1917.1(a)(2)(vi)).
1917.29 Retention of DOT markings, placards and labels.
1917.30 Emergency action plans.
1917.31 COVID-19.

               Subpart C_Cargo Handling Gear and Equipment

1917.41 House falls.
1917.42 Miscellaneous auxiliary gear.
1917.43 Powered industrial trucks.
1917.44 General rules applicable to vehicles.
1917.45 Cranes and derricks (See also Sec.  1917.50).
1917.46 Load indicating devices.
1917.47 Winches.
1917.48 Conveyors.
1917.49 Spouts, chutes, hoppers, bins, and associated equipment.
1917.50 Certification of marine terminal material handling devices (See 
          also mandatory appendix I, of this part).
1917.51 Hand tools.

                     Subpart D_Specialized Terminals

1917.70 General.
1917.71 Terminals handling intermodal containers or roll-on roll-off 
          operations.
1917.73 Terminal facilities handling menhaden and similar species of 
          fish (see also Sec.  1917.2, definition of hazardous cargo, 
          material, substance or atmosphere).

                      Subpart E_Personal Protection

1917.91 Eye and face protection.
1917.92 Respiratory protection.
1917.93 Head protection.
1917.94 Foot protection.
1917.95 Other protective measures.
1917.96 Payment for protective equipment.

                      Subpart F_Terminal Facilities

1917.111 Maintenance and load limits.
1917.112 Guarding of edges.
1917.113 Clearance heights.
1917.114 Cargo doors.
1917.115 Platforms and skids.
1917.116 Elevators and escalators.
1917.117 Manlifts.
1917.118 Fixed ladders.
1917.119 Portable ladders.
1917.120 Fixed stairways.
1917.121 Spiral stairways.
1917.122 Employee exits.
1917.123 Illumination.
1917.124 Dockboards (car and bridge plates).
1917.125 Guarding temporary hazards.
1917.126 River banks.
1917.127 Sanitation.
1917.128 Signs and marking.

           Subpart G_Related Terminal Operations and Equipment

1917.151 Machine guarding.
1917.152 Welding, cutting and heating (hot work) (See also Sec.  1917.2, 
          definition of Hazardous cargo, materials, substance, or 
          atmosphere).
1917.153 Spray painting (See also Sec.  1917.2, definition of Hazardous 
          cargo, materials, substance, or atmosphere).
1917.154 Compressed air.
1917.155 Air receivers.
1917.156 Fuel handling and storage.
1917.157 Battery charging and changing.
1917.158 Prohibited operations.

Appendix I to Part 1917--Special Cargo Gear and Container Spreader Test 
          Requirements (Mandatory) [see Sec.  1917.50(c)(5)]

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order No. 12-71 (36

[[Page 227]]

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), 1-2012 (77 FR 3912), or 8-2020 (85 FR 
58393), as applicable; and 29 CFR part 1911.
    Sections 1917.28 and 1917.31 also issued under 5 U.S.C. 553.
    Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C. 
553.

    Source: 48 FR 30909, July 5, 1983, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  1917.1  Scope and applicability.

    (a) The regulations of this part apply to employment within a marine 
terminal as defined in Sec.  1917.2, including the loading, unloading, 
movement or other handling of cargo, ship's stores or gear within the 
terminal or into or out of any land carrier, holding or consolidation 
area, any other activity within and associated with the overall 
operation and functions of the terminal, such as the use and routine 
maintenance of facilities and equipment. All cargo transfer accomplished 
with the use of shore-based material handling devices shall be regulated 
by this part.
    (1) The provisions of this part 1917 do not apply to the following:
    (i) Facilities used solely for the bulk storage, handling and 
transfer of flammable, non-flammable and combustible liquids and gases.
    (ii) Facilities subject to the regulations of the Office of Pipeline 
Safety Regulation of the Materials Transportation Bureau, Department of 
Transportation, to the extent such regulations apply.
    (iii) Fully automated bulk coal handling facilities contiguous to 
electrical power generating plants.
    (2) Part 1910 of this chapter does not apply to marine terminals 
except for the following provisions:
    (i) Abrasive blasting. Subpart G, Sec.  1910.94(a);
    (ii) Access to employee exposure and medical records. Subpart Z, 
Sec.  1910.1020;
    (iii) Commercial diving operations. Subpart T of part 1910;
    (iv) Electrical. Subpart S of part 1910;
    (v) Grain handling facilities. Subpart R, Sec.  1910.272;
    (vi) Hazard communication. Subpart Z, Sec.  1910.1200;
    (vii) Ionizing radiation. Subpart Z, Sec.  1910.1096;
    (viii) Noise. Subpart G, Sec.  1910.95;
    (ix) Nonionizing radiation. Subpart G, Sec.  1910.97;
    (x) Respiratory protection. Subpart I, Sec.  1910.134;
    (xi) Safety requirements for scaffolding. Subpart D, Sec.  1910.28;
    (xii) Servicing multi-piece and single piece rim wheels. Subpart N, 
Sec.  1910.177;
    (xiii) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements; \1\
---------------------------------------------------------------------------

    \1\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with the 
international legal requirements of the International Convention for the 
Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (B) Bloodborne pathogens, Sec.  1910.1030;
    (C) Carbon monoxide, Sec.  1910.1000 (See Sec.  1917.24(a)); and
    (D) Hydrogen sulfide, Sec.  1910.1000 (See Sec.  1917.73(a)(2)); and
    (E) Hexavalent chromium Sec.  1910.1026 (See Sec.  1915.1026)
    (xiv) Powered industrial truck operator training, Subpart N, Sec.  
1910.178(1).

    Note to paragraph (a)(2)(xiv): The compliance dates of December 1, 
1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 
for Marine Terminals.

    (b) Section 1915.1026 applies to any occupational exposures to 
hexavalent chromium in workplaces covered by this part.

[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987; 
52 FR 49624, Dec. 31, 1987; 62 FR 40196, July 25, 1997; 63 FR 66274, 
Dec. 1, 1998; 64 FR 46847, Aug. 27, 1999; 65 FR 40938, June 30, 2000; 71 
FR 10381, Feb. 28, 2006]



Sec.  1917.2  Definitions.

    Apron means that open portion of a marine terminal immediately 
adjacent to a vessel berth and used in the direct transfer of cargo 
between the terminal and vessel.

[[Page 228]]

    Authorized, in reference to an employee's assignment, means selected 
by the employer for that purpose.
    Cargo door (transit shed door) means a door designed to permit 
transfer of cargo to and from a marine terminal structure.
    Cargo packaging means any method of containment for shipment, 
including cases, cartons, crates and sacks, but excluding large units 
such as intermodal containers, vans or similar devices.
    Confined space means:
    (1) A space having all of the following characteristics:
    (i) Small size;
    (ii) Severely limited natural ventilation;
    (iii) Capability to accumulate or contain a hazardous atmosphere;
    (iv) Exits that are not readily accessible; and
    (v) A design not meant for continuous human occupancy.
    (2) Examples of confined spaces are intermodal tank containers, 
bailwater tanks and portable tanks.
    Conveyor means a device designed exclusively for transporting bulk 
materials, packages or objects in a predetermined path and having fixed 
or selective points of loading or discharge.
    Danger zone means any place in or about a machine or piece of 
equipment where an employee may be struck by or caught between moving 
parts, caught between moving and stationary objects or parts of the 
machine, caught between the material and a moving part of the machine, 
burned by hot surfaces or exposed to electric shock. Examples of danger 
zones are nip and shear points, shear lines, drive mechanisms, and areas 
beneath counterweights.
    Designated person means a person who possesses specialized abilities 
in a specific area and is assigned by the employer to perform a specific 
task in that area.
    Dock means a wharf or pier forming all or part of a waterfront 
facility, including marginal or quayside berthing facilities; not to be 
confused with ``loading dock'' as at a transit shed or container freight 
station, or with the body of water between piers or wharves.
    Dockboards (car and bridge plates) mean devices for spanning short 
distances between rail cars or highway vehicles and loading platforms 
that do not expose employees to falls greater than 4 feet (1.22 m).
    Enclosed space means an indoor space, other than a confined space, 
that may contain or accumulate a hazardous atmosphere due to inadequate 
natural ventilation. Examples of enclosed spaces are trailers, railcars, 
and storage rooms.
    Examination, as applied to material handling devices required by 
this part to be certificated, means a comprehensive survey consisting of 
the criteria outlined in 29 CFR 1919.71(d) as applicable to the type of 
gear or device. The examination is supplemented by a unit proof test in 
the case of a quadrennial survey.
    Flammable atmosphere means an atmosphere containing more than 10 
percent of the lower flammable limit of a flammable or combustible vapor 
or dust mixed with air.
    Front-end attachments. (1) As applied to power-operated industrial 
trucks, means the various devices, such as roll clamps, rotating and 
sideshifting carriages, magnets, rams, crane arms or booms, load 
stabilizers, scoops, buckets and dumping bins, attached to the load end 
for handling lifts as single or multiple units.
    (2) As applied to cranes, means various attachments applied to the 
basic machine for the performance of functions such as lifting, 
clamshell or magnet services.
    Fumigant is a substance or mixture of substances, used to kill pests 
or prevent infestation, which is a gas or is rapidly or progressively 
transformed to the gaseous state, even though some nongaseous or 
particulate matter may remain and be dispersed in the treatment space.
    Hazardous cargo, material, substance or atmosphere means:
    (1) Any substance listed in 29 CFR part 1910, subpart Z;
    (2) Any material in the Hazardous Materials Table and Hazardous 
Materials Communications Regulations of the Department of 
Transportation, 49 CFR part 172;

[[Page 229]]

    (3) Any article not properly described by a name in the Hazardous 
Materials Table and Hazardous Materials Communications Regulations of 
the Department of Transportation, 49 CFR part 172 but which is properly 
classified under the definition of those categories of dangerous 
articles given in 49 CFR Part 173; or
    (4) Any atmosphere with an oxygen content of less than 19.5%.
    House falls means spans and supporting members, winches, blocks, and 
standing and running rigging forming part of a marine terminal and used 
with a vessel's cargo gear to load or unload by means of married falls.
    Inspection, as applied to material handling devices required by this 
part to be certificated, means a complete visual examination of all 
visible parts of the device.
    Intermodal container means a reusable cargo container of a rigid 
construction and rectangular configuration; fitted with devices 
permitting its ready handling, particularly its transfer from one mode 
of transport to another; so designed to be readily filled and emptied; 
intended to contain one or more articles of cargo or bulk commodities 
for transportation by water and one or more other transport modes. The 
term includes completely enclosed units, open top units, fractional 
height units, units incorporating liquid or gas tanks and other 
variations fitting into the container system. It does not include 
cylinders, drums, crates, cases, cartons, packages, sacks, unitized 
loads or any other form of packaging.
    Loose gear means removable and replaceable components of equipment 
or devices which may be used with or as a part of assembled material 
handling units for purposes such as making connections, changing line 
direction and multiplying mechanical advantage. Examples are shackles 
and snatch blocks.
    Marine terminal means wharves, bulkheads, quays, piers, docks and 
other berthing locations and adjacent storage or adjacent areas and 
structures associated with the primary movement of cargo or materials 
from vessel to shore or shore to vessel including structures which are 
devoted to receiving, handling, holding, consolidating and loading or 
delivery of waterborne shipments or passengers, including areas devoted 
to the maintenance of the terminal or equipment. The term does not 
include production or manufacturing areas nor does the term include 
storage facilities directly associated with those production or 
manufacturing areas.
    Ramps mean other flat-surface devices for passage between levels and 
across openings not covered under ``dockboards.''
    Ship's stores means materials that are aboard a vessel for the 
upkeep, maintenance, safety, operation, or navigation of the vessel, or 
for the safety or comfort of the vessel's passengers or crew.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40196, July 25, 1997; 65 
FR 40938, June 30, 2000; 76 FR 33610, June 8, 2011]



Sec.  1917.3  Incorporation by reference.

    (a) (1) The standards of agencies of the U.S. Government, and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other standards in this part. Only the mandatory provisions (i.e. 
provisions containing the word ``shall'' or other mandatory language) of 
standards incorporated by reference are adopted as standards under the 
Occupational Safety and Health Act.
    (2) The standards listed in paragraph (b) of this section are 
incorporated by reference in the corresponding sections noted as the 
sections exist on the date of the approval, and a notice of any change 
in these standards will be published in the Federal Register. The 
Director of the Federal Register approved these incorporations by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (3) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection in the Docket Office at the national office of the 
Occupational Safety and Health Administration, U.S. Department of Labor, 
Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-889-
5627).
    (4) Copies of standards listed in this section and issued by private 
standards

[[Page 230]]

organizations are available for purchase from the issuing organizations 
at the addresses or through the other contact information listed below 
for these private standards organizations. In addition, these standards 
are available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, telephone: 202-741-6030, or go to http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Also, the material is available for inspection at 
any Regional Office of the Occupational Safety and Health Administration 
(OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N-2625, Washington, DC 20210; telephone: 
202-693-2350 (TTY number: 877-889-5627).
    (b) Except as noted, copies of the standards listed below in this 
paragraph are available for purchase from the American National 
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 
10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
    (1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; 
IBR approved for Sec.  1917.119(c).
    (2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders; 
IBR approved for Sec.  1917.119(c).
    (3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced 
Plastic Ladders; IBR approved for Sec.  1917.119(c).
    (4) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (5) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, Approved April 13, 2010; IBR approved for 
Sec.  1917.91(a). 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.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, Approved April 13, 2010; IBR approved for Sec.  
1917.91(a). 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.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1917.91(a). 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.
    (9) American National Standards Institute (ANSI) Z89.1-2009, 
American National Standard for Industrial Head Protection, approved 
January 26, 2009;

[[Page 231]]

IBR approved for Sec.  1917.93(b)(1)(i). Copies of ANSI Z89.1-2009 are 
available for purchase only from the International Safety Equipment 
Association, 1901 North Moore Street, Arlington, VA 22209-1762; 
telephone: 703-525-1695; fax: 703-528-2148; Web site: 
www.safetyequipment.org.
    (10) American National Standards Institute (ANSI) Z89.1-2003, 
American National Standard for Industrial Head Protection; IBR approved 
for Sec.  1917.93(b)(1)(ii). Copies of ANSI Z89.1-2003 are available for 
purchase only from the International Safety Equipment Association, 1901 
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; 
fax: 703-528-2148; Web site: www.safetyequipment.org.
    (11) American National Standards Institute (ANSI) Z89.1-1997, 
American National Standard for Personnel Protection--Protective Headwear 
for Industrial Workers--Requirements; IBR approved for Sec.  
1917.93(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for purchase 
only from the International Safety Equipment Association, 1901 North 
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 
703-528-2148; Web site: www.safetyequipment.org.
    (12) ASME B56.1, 1959, Safety Code for Powered Industrial Trucks, 
pages 8 and 13; IBR approved for Sec.  1917.50(j)(1).
    (c) Copies of the following standards are available for purchase 
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-9555; 
e-mail: seviceastm.org; Web site: http://www.astm.org:
    (1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR 
approved for Sec.  1917.94(b)(1)(i).
    (2) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(i).

[62 FR 40196, July 25, 1997, as amended at 65 FR 40938, June 30, 2000; 
69 FR 18803, Apr. 9, 2004; 74 FR 46358, Sept. 9, 2009; 77 FR 37599, June 
22, 2012; 81 FR 16091, Mar. 25, 2016]



Sec.  1917.4  OMB control numbers under the Paperwork Reduction Act.

    The following list identifies the 29 CFR citations for sections or 
paragraphs in this part that contain a collection of information 
requirement approved by the Office of Management and Budget (OMB). The 
list also provides the control number assigned by OMB to each approved 
requirement; control number 1218-0196 expires on May 31, 2002 and 
control number 1218-0003 expires on July 31, 2001. The list follows:

------------------------------------------------------------------------
                                                            OMB control
                     29 CFR citation                          number.
------------------------------------------------------------------------
1917.17(n)..............................................       1218-0196
1917.17(o)..............................................       1218-0196
1917.23(b)(1)...........................................       1218-0196
1917.23(b)(2)...........................................       1218-0196
1917.23(d)(4)...........................................       1218-0196
1917.24(b)..............................................       1218-0196
1917.24(d)..............................................       1218-0196
1917.25(a)..............................................       1218-0196
1917.25(b)..............................................       1218-0196
1917.25(c)..............................................       1218-0196
1917.25(f)..............................................       1218-0196
1917.26(d)(7)...........................................       1218-0196
1917.30(a)(1)...........................................       1218-0196
1917.30(a)(5)(iii)......................................       1218-0196
1917.42(b)(1)...........................................       1218-0196
1917.42(b)(4)...........................................       1218-0196
1917.42(c)(1)...........................................       1218-0196
1917.42(d)(1)...........................................       1218-0196
1917.42(g)(3)...........................................       1218-0003
1917.42(h)(1)...........................................       1218-0196
1917.42(h)(4)...........................................       1218-0003
1917.42(h)(5)...........................................       1218-0196
1917.44(e)..............................................       1218-0196
1917.44(h)..............................................       1218-0196
1917.45(f)(1)(i)........................................       1218-0196
1917.45(f)(4)(iv).......................................       1218-0196
1917.45(f)(6)...........................................       1218-0196
1917.45(g)(2)...........................................       1218-0196
1917.45(g)(3)(iii)......................................       1218-0196
1917.45(g)(8)...........................................       1218-0196
1917.45(k)(1)...........................................       1218-0196
1917.45(k)(4)...........................................       1218-0196
1917.46(a)(1)(v)........................................       1218-0196
1917.50(c)(1)...........................................       1218-0003
1917.50(c)(3)...........................................       1218-0003
1917.50(c)(4)(i)........................................       1218-0003
1917.50(c)(5)(ii).......................................       1218-0003
1917.50(c)(5)(iii)......................................       1218-0003
1917.50(e)..............................................       1218-0003
1917.50(g)(1)...........................................       1218-0003
1917.50(h)..............................................       1218-0003
1917.71(a)..............................................       1218-0196
1917.71(b)(2)(i)........................................       1218-0196
1917.71(b)(2)(ii).......................................       1218-0196
1917.71(b)(6)(ii).......................................       1218-0196
1917.71(f)(4)...........................................       1218-0196
1917.111(b).............................................       1218-0196
1917.113................................................       1218-0196
1917.115(c).............................................       1218-0196
1917.116(e).............................................       1218-0196
1917.116(g).............................................       1218-0196
1917.117(a).............................................       1218-0196
1917.117(b).............................................       1218-0196
1917.117(d).............................................       1218-0196
1917.117(e).............................................       1218-0196
1917.117(f).............................................       1218-0196
1917.117(l).............................................       1218-0196
1917.118(e)(4)(i).......................................       1218-0196
1917.119(e).............................................       1218-0196
1917.122(a).............................................       1218-0196
1917.122(b).............................................       1218-0196
1917.128(b)(1)-(b)(4)...................................       1218-0196

[[Page 232]]

 
1917.151(e)(5)..........................................       1218-0196
1917.152(d)(2)(v).......................................       1218-0196
1917.152(d)(2)(vi)......................................       1218-0196
------------------------------------------------------------------------


[64 FR 61505, Nov. 12, 1999]



Sec.  1917.5  Compliance duties owed to each employee.

    (a) Personal protective equipment. Standards in this part requiring 
the employer to provide personal protective equipment (PPE), including 
respirators and other types of PPE, because of hazards to employees 
impose a separate compliance duty with respect to each employee covered 
by the requirement. The employer must provide PPE to each employee 
required to use the PPE, and each failure to provide PPE to an employee 
may be considered a separate violation.
    (b) Training. Standards in this part requiring training on hazards 
and related matters, such as standards requiring that employees receive 
training or that the employer train employees, provide training to 
employees, or institute or implement a training program, impose a 
separate compliance duty with respect to each employee covered by the 
requirement. The employer must train each affected employee in the 
manner required by the standard, and each failure to train an employee 
may be considered a separate violation.

[73 FR 75587, Dec. 12, 2008]



                  Subpart B_Marine Terminal Operations



Sec.  1917.11  Housekeeping.

    (a) Active work areas shall be kept free of equipment and materials 
not in use, and clear of debris, projecting nails, strapping and other 
sharp objects not necessary for the work in progress.
    (b) Hatch beams, covers and pontoons placed in terminal working 
areas shall be stowed in stable piles with beams secured against tipping 
or falling. Alternatively, beams may be laid on their sides. When beams 
and pontoons are stowed in tiers more than one high, dunnage or other 
suitable material shall be used under and between tiers.
    (c) Cargo and material shall not obstruct access to vessels, cranes, 
vehicles or buildings. Means of access and egress within buildings shall 
be similarly unobstructed.
    (d) Dunnage, lumber, or shoring material in which there are visibly 
protruding nails shall be removed from the immediate work area or if 
left in the area, the nails shall be rendered harmless.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40196, July 25, 1997]



Sec.  1917.12  Slippery conditions.

    The employer shall eliminate, to the extent possible, conditions 
causing slippery working and walking surfaces in immediate work areas 
used by employees.



Sec.  1917.13  Slinging.

    (a) Drafts shall be safely slung before being hoisted. Loose dunnage 
or debris hanging or protruding from loads shall be removed.
    (b) Bales of cotton, wool, cork, wood pulp, gunny bags or similar 
articles shall be hoisted only by straps strong enough to support the 
weight of the bale. At least two hooks, each in a separate strap, shall 
be used.
    (c) Unitized loads bound by bands or straps may be hoisted by the 
banding or strapping only if the banding or strapping is suitable for 
hoisting and is strong enough to support the weight of the load.
    (d) Additional means of hoisting shall be employed to ensure safe 
lifting of unitized loads having damaged banding or strapping.
    (e) Case hooks shall be used only with cases designed to be hoisted 
by these hooks.
    (f) Loads requiring continuous manual guidance during handling shall 
be guided by guide ropes (tag lines) that are long enough to control the 
load.
    (g) Intermodal containers shall be handled in accordance with Sec.  
1917.71(f).
    (h) The employer shall require employees to stay clear of the area 
beneath overhead drafts or descending lifting gear.

[[Page 233]]

    (i) Employees shall not be permitted to ride the hook or the load.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997]



Sec.  1917.14  Stacking of cargo and pallets.

    Cargo, pallets and other material stored in tiers shall be stacked 
in such a manner as to provide stability against sliding and collapse.



Sec.  1917.15  Coopering.

    Repair and reconditioning of damaged or leaking cargo packaging 
(coopering) shall be performed so as not to endanger employees.



Sec.  1917.16  Line handling. (See also Sec.  1917.95(b)).

    (a) In order to provide safe access for handling lines while mooring 
and unmooring vessels, cargo or material shall not be stowed or vehicles 
placed where they obstruct the work surface to be used.
    (b) When stringpiece or apron width is insufficient for safe 
footing, grab lines or rails shall be installed on the sides of 
permanent structures. (``Stringpiece'' means a narrow walkway between 
the water edge of a berth and a shed or other structure.)



Sec.  1917.17  Railroad facilities.

    (a) Work shall be performed in railcars only if floors of the 
railcars are in visibly safe condition for the work activity being 
conducted and equipment being used.
    (b) A route shall be established to allow employees to pass to and 
from places of employment without passing under, over or through 
railcars, or between cars less than 10 feet (3 m) apart on the same 
track.
    (c) The employer shall direct that no employees remain in railcars 
after work is concluded.
    (d) Railcars shall be chocked or otherwise prevented from moving:
    (1) While dockboards or carplates are in position; or
    (2) While employees are working within, on or under the railcars or 
near the tracks at the ends of the cars.
    (e) When employees are working in, on, or under a railcar, positive 
means shall be taken to protect them from exposure to impact from moving 
railcars.
    (f) Before cars are moved, unsecured and overhanging stakes, wire 
straps, banding and similar objects shall be removed or placed so as not 
to create hazards.
    (g) The employer shall institute all necessary controls during 
railcar movement to safeguard personnel. If winches or capstans are 
employed for movement, employees shall stand clear of the hauling rope 
and shall not stand between the rope and the cars.
    (h) Before being opened fully, doors shall be opened slightly to 
ensure that the load has not shifted during transit. Special precautions 
shall be taken if the doors being opened are visibly damaged.
    (i) If powered industrial trucks are used to open railcar doors, the 
trucks or the railcar doors shall be equipped with door opening 
attachments. Employees shall stand clear of the railcar doors while they 
are being opened and closed.
    (j) Only railcar door openers or powered industrial trucks equipped 
with door opening attachments shall be used to open jammed doors.
    (k) Employees shall not remain in or on gondolas or flat cars when 
drafts that create overhead, caught-in, caught-between or struck-by 
hazards are being landed in or on the railcar; end gates, if raised, 
shall be secured.
    (l) Operators of railcar dumps shall have an unrestricted view of 
dumping operations and shall have emergency means of stopping movement.
    (m) Recessed railroad switches shall be enclosed to provide a level 
surface.
    (n) Warning signs shall be posted where doorways open onto tracks, 
at blind corners and at similar places where vision may be restricted.
    (o) Warning signs shall be posted if insufficient clearance for 
personnel exists between railcars and structures.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997]



Sec.  1917.18  Log handling.

    (a) The employer shall ensure that structures (bunks) used to 
contain logs have rounded corners and rounded structural parts to avoid 
sling damage.
    (b) Two or more binders or equivalently safe means of containment 
shall remain on logging trucks and railcars

[[Page 234]]

to secure logs during movement of the truck or car within the terminal. 
During unloading, logs shall be prevented from moving while binders are 
being removed.
    (c) Logs shall be hoisted by two slings or by other gear designed 
for safe hoisting.
    (d) Logs placed adjacent to vehicle curbs on the dock shall not be 
over one tier high unless placed in bunks or so stacked as not to roll 
or otherwise create a hazard to employees.
    (e) Before logs are slung up from the dock, they shall be stably 
supported to prevent spreading and to allow passage of slings beneath 
the load. When bunks or similar retaining devices are used, no log shall 
be higher than the stanchions or retaining members of the device.



Sec.  1917.19  Movement of barges and railcars.

    Barges and railcars shall not be moved by cargo runners (running 
rigging) from vessel cargo booms, cranes or other equipment not suitable 
for the purpose.



Sec.  1917.20  Interference with communications.

    Cargo handling operations shall not be carried on when noise-
producing, maintenance, construction or repair work interferes with the 
communication of warnings or instructions.

[62 FR 40197, July 25, 1997]



Sec.  1917.21  Open fires.

    Open fires and fires in drums or similar containers are prohibited.



Sec.  1917.22  Hazardous cargo \2\ (See Sec.  1917.2(p)).
---------------------------------------------------------------------------

    \2\ The Department of Transportation and the United States Coast 
Guard apply requirements related to handling, storing and transportation 
of hazardous cargo (see 33 CFR part 126, 46 CFR, 49 CFR).
---------------------------------------------------------------------------

    (a) Before cargo handling operations begin, the employer shall 
ascertain whether any hazardous cargo is to be handled and shall 
determine the nature of the hazard. The employer shall inform employees 
of the nature of any hazard and any special precautions to be taken to 
prevent employee exposure, and shall instruct employees to notify him of 
any leaks or spills.
    (b) All hazardous cargo shall be slung and secured so that neither 
the draft nor individual packages can fall as a result of tipping the 
draft or slacking of the supporting gear.
    (c) If hazardous cargo is spilled or if its packaging leaks, 
employees shall be removed from the affected area until the employer has 
ascertained the specific hazards, provided any equipment, clothing and 
ventilation and fire protection equipment necessary to eliminate or 
protect against the hazard, and has instructed cleanup employees in a 
safe method of cleaning up and disposing of a spill and handling and 
disposing of leaking containers. Actual cleanup or disposal work shall 
be conducted under the supervision of a designated person.



Sec.  1917.23  Hazardous atmospheres and substances (see also Sec. 1917.2 
Hazardous cargo, material, substance or atmosphere).

    (a) Purpose and scope. This section covers areas in which the 
employer is aware that a hazardous atmosphere or substance may exist, 
except where one or more of the following sections apply: Sec.  1917.22 
Hazardous cargo; Sec.  1917.24 Carbon monoxide; Sec.  1917.25 Fumigants, 
pesticides, insecticides and hazardous preservatives; Sec.  1917.73 
Terminal facilities handling menhaden and similar species of fish; Sec.  
1917.152 Welding, cutting, and heating (hot work); and Sec.  1917.153 
Spray painting.
    (b) Determination of hazard. (1) When the employer is aware that a 
room, building, vehicle, railcar, or other space contains or has 
contained a hazardous atmosphere, a designated and appropriately 
equipped person shall test the atmosphere before employee entry to 
determine whether a hazardous atmosphere exists.
    (2) Records of results of any tests required by this section shall 
be maintained for at least thirty (30) days.
    (c) Testing during ventilation. When mechanical ventilation is used 
to maintain a safe atmosphere, tests shall be made by a designated 
person to ensure that the atmosphere is not hazardous.

[[Page 235]]

    (d) Entry into hazardous atmospheres. Only designated persons shall 
enter hazardous atmospheres, in which case the following shall apply:
    (1) Persons entering a space containing a hazardous atmosphere shall 
be protected by respiratory and emergency protective equipment meeting 
the requirements of subpart E of this part;
    (2) Persons entering a space containing a hazardous atmosphere shall 
be instructed in the nature of the hazard, precautions to be taken, and 
the use of protective and emergency equipment. Standby observers, 
similarly equipped and instructed, shall continuously monitor the 
activity of employees within such space;
    (3) Except for emergency or rescue operations, employees shall not 
enter into any atmosphere which has been identified as flammable or 
oxygen deficient (less than 19.5% oxygen). Persons who may be required 
to enter flammable or oxygen deficient atmospheres in emergency 
operations shall be instructed in the dangers attendant to those 
atmospheres and instructed in the use of self-contained breathing 
apparatus, which shall be utilized.
    (4) To prevent inadvertent employee entry into spaces that have been 
identified as having hazardous, flammable or oxygen deficient 
atmospheres, appropriate warning signs or equivalent means shall be 
posted at all means of access to those spaces.
    (e) When the packaging of asbestos cargo leaks, spillage shall be 
cleaned up by designated employees protected from the harmful effects of 
asbestos as required by Sec.  1910.1001 of this chapter.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997; 65 FR 40938, June 
30, 2000]



Sec.  1917.24  Carbon monoxide.

    (a) Exposure limits. The carbon monoxide content of the atmosphere 
in a room, building, vehicle, railcar, or any enclosed space shall be 
maintained at not more than 50 parts per million (ppm) (0.005%) as an 
eight hour average area level and employees shall be removed from the 
enclosed space if the carbon monoxide concentration exceeds a ceiling of 
100 ppm (0.01%).
    (b) Testing. Tests to determine carbon monoxide concentration shall 
be made when necessary to ensure that employee exposure does not exceed 
the limits specified in paragraph (a) of this section.
    (c) Instrumentation. Tests for carbon monoxide concentration shall 
be made by designated persons using gas detector tube units certified by 
NIOSH under 30 CFR part 11 or other measuring instruments whose accuracy 
is as great or greater.
    (d) Records. A record of the date, time, location and results of 
carbon monoxide tests shall be available for at least thirty (30) days.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997]



Sec.  1917.25  Fumigants, pesticides, insecticides and hazardous preservatives
(see also Sec.  1917.2 Hazardous cargo, material, substance or atmosphere).

    (a) At any time that the concentration in any space reaches the 
level specified as hazardous by the fumigant manufacturer or by Table Z-
1 of 29 CFR 1910.1000, whichever is lower, all employees shall be 
removed from the space and shall not be permitted to re-enter until such 
time as tests demonstrate that the atmosphere is safe.
    (b) Tests to determine the atmospheric concentration of chemicals 
used to treat cargo shall be:
    (1) Appropriate for the hazard involved;
    (2) Conducted by designated persons; and
    (3) Performed at the intervals necessary to ensure that employee 
exposure does not exceed the permissible exposure limit for the chemical 
involved.
    (c) Results of any tests shall be available for at least 30 days. 
Such records may be entered on any retrievable medium, and shall be 
available for inspection.
    (d) Chemicals shall only be applied to cargoes by designated 
persons.
    (e) Only designated persons shall enter hazardous atmospheres, in 
which case the following provisions apply.
    (1) Persons entering a space containing a hazardous atmosphere shall

[[Page 236]]

be protected by respiratory and emergency protective equipment meeting 
the requirements of subpart E of this part; and
    (2) Persons entering a space containing a hazardous atmosphere shall 
be instructed in the nature of the hazard, precautions to be taken, and 
the use of protective and emergency equipment. Standby observers, 
similarly equipped and instructed, shall continuously monitor the 
activity of employees within such a space.
    (f) Signs shall be clearly posted where fumigants, pesticides or 
hazardous preservatives have created a hazardous atmosphere. These signs 
shall note the danger, identify specific chemical hazards, and give 
appropriate information and precautions, including instructions for the 
emergency treatment of employees affected by any chemical in use.
    (g) In the case of containerized shipments of fumigated tobacco, the 
contents of the container shall be aerated by opening the container 
doors for a period of 48 hours after the completion of fumigation and 
prior to loading. When tobacco is within shipping cases having 
polyethylene or similar bag liners, the aeration period shall be 72 
hours. The employer shall obtain a written warranty from the fumigation 
facility stating that the appropriate aeration period has been met.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997]



Sec.  1917.26  First aid and lifesaving facilities.

    (a) Employers shall instruct employees to report every injury, 
regardless of severity, to the employer.
    (b) A first aid kit shall be available at the terminal, and at least 
one person holding a valid first aid certificate shall be at the 
terminal when work is in progress.
    (c) First aid kit. First aid kits shall be weatherproof and shall 
contain individual sealed packages for each item that must be kept 
sterile. The contents of each kit shall be determined by a person 
certified in first aid and cognizant of the hazards found in marine 
cargo handling operations. The contents shall be checked at intervals 
that allow prompt replacement of expended items.
    (d) Stretchers. (1) There shall be available for each vessel being 
worked one Stokes basket stretcher, or its equivalent, permanently 
equipped with bridles for attaching to the hoisting gear.
    (2) Stretchers shall be kept close to vessels and shall be 
positioned to avoid damage to the stretcher.
    (3) A blanket or other suitable covering shall be available.
    (4) Stretchers shall have at least four sets of effective patient 
restraints in operable condition.
    (5) Lifting bridles shall be of adequate strength, capable of 
lifting 1,000 pounds (454 kg) with a safety factor of five, and shall be 
maintained in operable condition. Lifting bridles shall be provided for 
making vertical patient lifts at container berths. Stretchers for 
vertical lifts shall have foot plates.
    (6) Stretchers shall be maintained in operable condition. Struts and 
braces shall be inspected for damage. Wire mesh shall be secured and 
have no burrs. Damaged stretchers shall not be used until repaired.
    (7) Stretchers in permanent locations shall be mounted to prevent 
damage and shall be protected from the elements if located out-of-doors. 
If concealed from view, closures shall be marked to indicate the 
location of the life saving equipment.
    (e) Telephone or equivalent means of communication shall be readily 
available.
    (f) A U.S. Coast Guard approved 30-inch (76.2 cm) life ring, with at 
least 90 feet (27.43m) of line attached, shall be available at readily 
accessible points at each waterside work area where the employees' work 
exposes them to the hazard of drowning. Employees working on any bridge 
or structure leading to a detached vessel berthing installation shall 
wear U.S. Coast Guard approved personal flotation devices except where 
protected by railings, nets, or safety belts and lifelines. A readily 
available portable or permanent ladder giving access to the water shall 
also be provided within 200 feet (61 m) of such work areas.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65 
FR 40938, June 30, 2000]

[[Page 237]]



Sec.  1917.27  Personnel.

    (a) Qualifications of machinery operators. (1) Only those employees 
determined by the employer to be competent by reason of training or 
experience, and who understand the signs, notices and operating 
instructions and are familiar with the signal code in use shall be 
permitted to operate a crane, winch or other power operated cargo 
handling apparatus, or any power operated vehicle, or give signals to 
the operator of any hoisting apparatus. Exception: Employees being 
trained and supervised by a designated person may operate such machinery 
and give signals to operators during training.
    (2) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments that may suddenly incapacitate the employee, shall be permitted 
to operate a crane, winch or other power-operated cargo handling 
apparatus or a power-operated vehicle.

    Note to paragraph (a)(2): OSHA is defining suddenly incapacitating 
medical ailments consistent with the Americans with Disabilities Act 
(ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in 
accordance with the employment provisions (Title I) of the ADA (42 
U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part 
1630), and the Technical Assistance Manual for Title I issued by the 
Equal Employment Opportunity Commission (Publication number: EEOC--M1A), 
will be considered as being in compliance with this paragraph.

    (b) Supervisory accident prevention proficiency. (1) After October 
3, 1985 immediate supervisors of cargo-handling operations of more than 
five (5) persons shall satisfactorily complete a course in accident 
prevention. Employees newly assigned to supervisory duties after that 
date shall be required to meet the provisions of this paragraph within 
ninety (90) days of such assignment.
    (2) The course shall consist of instruction suited to the particular 
operations involved. \3\
---------------------------------------------------------------------------

    \3\ The following are recommended topics: (i) Safety responsibility 
and authority; (ii) elements of accident prevention; (iii) attitudes, 
leadership and motivation; (iv) hazards of longshoring, including 
peculiar local circumstances; (v) hazard identification and elimination; 
(vi) applicable regulations; and (vii) accident investigations.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65 
FR 40938, June 30, 2000]



Sec.  1917.28  Hazard communication (See also Sec.  1917.1(a)(2)(vi)).



Sec.  1917.29  Retention of DOT markings, placards and labels.

    (a) Any employer who receives a package of hazardous material which 
is required to be marked, labeled or placarded in accordance with the U. 
S. Department of Transportation's Hazardous Materials Regulations (49 
CFR parts 171 through 180) shall retain those markings, labels and 
placards on the package until the packaging is sufficiently cleaned of 
residue and purged of vapors to remove any potential hazards.
    (b) Any employer who receives a freight container, rail freight car, 
motor vehicle, or transport vehicle that is required to be marked or 
placarded in accordance with the Hazardous Materials Regulations shall 
retain those markings and placards on the freight container, rail 
freight car, motor vehicle or transport vehicle until the hazardous 
materials which require the marking or placarding are sufficiently 
removed to prevent any potential hazards.
    (c) Markings, placards and labels shall be maintained in a manner 
that ensures that they are readily visible.
    (d) For non-bulk packages which will not be reshipped, the 
provisions of this section are met if a label or other acceptable 
marking is affixed in accordance with the Hazard Communication Standard 
(29 CFR 1910.1200).
    (e) For the purposes of this section, the term ``hazardous 
material'' and any other terms not defined in this section have the same 
definition as in the Hazardous Materials Regulations (49 CFR parts 171 
through 180).

[59 FR 36700, July 19, 1994]

[[Page 238]]



Sec.  1917.30  Emergency action plans.

    (a) Emergency action plans--(1) Scope and application. This 
paragraph (a) requires all employers to develop and implement an 
emergency action plan. \3a\ The emergency action plan shall be in 
writing (except as provided in paragraph (a)(5)(iv) of this section) and 
shall cover those designated actions employers and employees must take 
to ensure employee safety from fire and other emergencies.
---------------------------------------------------------------------------

    \3a\ When an employer directs his employees to respond to an 
emergency that is beyond the scope of the Emergency Action Plan 
developed in accordance with this section, then Sec.  1910.120(q) of 
this chapter shall apply.
---------------------------------------------------------------------------

    (2) Elements. The following elements, at a minimum, shall be 
included in the plan:
    (i) Emergency escape procedures and emergency escape route 
assignments;
    (ii) Procedures to be followed by employees who remain to operate 
critical plant operations before they evacuate;
    (iii) Procedures to account for all employees after emergency 
evacuation has been completed;
    (iv) Rescue and medical duties for those employees who are to 
perform them;
    (v) The preferred means of reporting fires and other emergencies; 
and
    (vi) Names or regular job titles of persons or departments that can 
be contacted for further information or explanation of duties under the 
plan.
    (3) Alarm system. The employer shall establish an employee alarm 
system that provides warning for necessary emergency action and for 
reaction time for safe escape of employees from the workplace or the 
immediate work area.
    (4) Evacuation. The employer shall establish the types of evacuation 
to be used in emergency circumstances.
    (5) Training. (i) Before implementing the emergency action plan, the 
employer shall designate and train a sufficient number of persons to 
assist in the safe and orderly emergency evacuation of employees.
    (ii) The employer shall review the plan with each employee covered 
by the plan at the following times:
    (A) Initially when the plan is developed;
    (B) Whenever the employee's responsibilities or designated actions 
under the plan change; and
    (C) Whenever the plan is changed.
    (iii) The employer shall review with each employee upon initial 
assignment those parts of the plan that the employee must know to 
protect the employee in the event of an emergency. The written plan 
shall be kept at the workplace and be made available for employee 
review.
    (iv) Employers with 10 or fewer employees may communicate the plan 
orally to employees and need not maintain a written plan
    (b) [Reserved]

[62 FR 40198, July 25, 1997, as amended at 65 FR 40938, June 30, 2000]



Sec.  1917.31  COVID-19.

    The requirements applicable to marine terminal work under this 
section are identical to those set forth at 29 CFR 1910.501.

[86 FR 61554, Nov. 5, 2021]



               Subpart C_Cargo Handling Gear and Equipment



Sec.  1917.41  House falls.

    (a) Span beams shall be secured to prevent accidental dislodgement.
    (b) A safe means of access shall be provided for employees working 
with house fall blocks.
    (c) Designated employees shall inspect chains, links, shackles, 
swivels, blocks and other loose gear used in house fall operations 
before each day's use. Defective gear shall not be used.



Sec.  1917.42  Miscellaneous auxiliary gear.

    (a) Routine inspection. (1) At the completion of each use, loose 
gear such as slings, chains, bridles, blocks and hooks shall be so 
placed as to avoid damage to the gear. Loose gear shall be inspected and 
any defects corrected before reuse.
    (2) All loose gear shall be inspected by the employer or his 
authorized representative before each use and, when necessary, at 
intervals during its use, to ensure that it is safe. Any gear which is 
found upon such inspection to be visibly unsafe shall not be used until 
it is made safe.

[[Page 239]]

    (3) Defective gear shall not be used. Distorted hooks, shackles or 
similar gear shall be discarded.
    (b) Wire rope and wire rope slings. (1) The employer shall ascertain 
and adhere to the manufacturer's recommended ratings for wire rope and 
wire rope slings and shall have such ratings available for inspection. 
When the manufacturer is unable to supply such ratings, the employer 
shall use the tables for wire rope and wire rope slings found in 
American National Safety Standard for Slings, ANSI B30.9-1971. A design 
safety factor of at least five shall be maintained for the common sizes 
of running wire used as falls, in purchases or in such uses as light 
load slings. Wire rope with a safety factor of less than five may be 
used only:
    (i) In specialized equipment, such as but not limited to cranes, 
designed to be used with lesser wire rope safety factors;
    (ii) In accordance with design factors in standing rigging 
applications; or
    (iii) For heavy lifts or other purposes for which a safety factor of 
five is impracticable and for which the employer can demonstrate that 
equivalent safety is ensured.
    (2) Wire rope or wire rope slings having any of the following 
conditions shall not be used:
    (i) Ten randomly distributed broken wires in one rope lay or three 
or more broken wires in one strand in one rope lay;
    (ii) Kinking, crushing, bird caging or other damage resulting in 
distortion of the wire rope structure;
    (iii) Evidence of heat damage;
    (iv) Excessive wear or corrosion, deformation or other defect in the 
wire or attachments, including cracks in attachments;
    (v) Any indication of strand or wire slippage in end attachments; or
    (vi) More than one broken wire in the close vicinity of a socket or 
swaged fitting.
    (3) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted. Coverings shall be removable so that 
splices can be examined. Means used to cover or blunt ends shall not 
damage the wire.
    (4) Where wire rope clips are used to form eyes, the employer shall 
adhere to the manufacturers' recommendations, which shall be made 
available for inspection. If ``U'' bolt clips are used and the 
manufacturers' recommendations are not available, Table C-1 shall be 
used to determine the number and spacing of the clips. ``U'' bolts shall 
be applied with the ``U'' section in contact with the dead end of the 
rope.

         Table C-1--Number and Spacing of U-Bolt Wire Rope Clips
------------------------------------------------------------------------
                                   Minimum number of
                                         clips
   Improved plow steel, rope   ------------------------  Minimum spacing
    diameter (inches/(cm))         Drop        Other      (inches/(cm))
                                  forged     material
------------------------------------------------------------------------
\1/2\ or less (1.3)...........       3           4      3 (7.6)
\5/8\ (1.6)...................       3           4      3\3/4\ (9.5)
\3/4\ (1.9)...................       4           5      4\1/2\ (11.4)
\7/8\ (2.2)...................       4           5      5\1/4\ (13.3)
1 (2.5).......................       5           7      6 (15.2)
1\1/8\ (2.9)..................       6           7      6\3/4\ (17.1)
1\1/4\ (3.2)..................       6           8      7\1/2\ (19.1)
1\3/8\ (3.5)..................       7           8      8\1/4\ (21.0)
1\1/2\ (3.8)..................       7           9      9 (22.9)
------------------------------------------------------------------------

    (5) Wire rope shall not be secured by knots.
    (6) Eyes in wire rope bridles, slings, bull wires, or in single 
parts used for hoisting shall not be formed by wire rope clips or knots.
    (7) Eye splices in wire ropes shall have at least three tucks with a 
whole strand of the rope and two tucks with one-half of the wire cut 
from each strand. Other forms of splices or connections which are shown 
to be equivalently safe may be used.
    (8) Except for eye splices in the ends of wires and for endless rope 
slings, each wire rope used in hoisting or lowering, or in bulling 
cargo, shall consist of one continuous piece without knot or splice.
    (c) Natural fiber rope. (1) The employer shall ascertain the 
manufacturers' ratings for the specific natural fiber rope used and have 
such ratings available for inspection. The manufacturers' ratings shall 
be adhered to and a minimum design safety factor of five maintained.
    (2) Eye splices shall consist of at least three full tucks. Short 
splices shall consist of at least six full tucks, three on each side of 
the center line.

[[Page 240]]

    (d) Synthetic rope. (1) The employer shall adhere to the 
manufacturers' ratings and use recommendations for the specific 
synthetic fiber rope used and shall make such ratings available for 
inspection.
    (2)(i) Unless otherwise recommended by the manufacturer, when 
synthetic fiber ropes are substituted for fiber ropes of less than three 
inches (7.62 cm) in circumference, the substitute shall be of equal 
size. Where substituted for fiber rope of three inches or more in 
circumference, the size of the synthetic rope shall be determined from 
the formula:
[GRAPHIC] [TIFF OMITTED] TR30JN00.079

Where C = the required circumference of the synthetic rope in inches, 
Cs= the circumference to the nearest one-quarter inch of a synthetic 
rope having a breaking strength not less than that of the size fiber 
rope that is required by paragraph (c) of this section and Cm= the 
circumference of the fiber rope in inches that is required by paragraph 
(c) of this section.

    (ii) In making such substitution, it shall be ascertained that the 
inherent characteristics of the synthetic fiber are suitable for 
hoisting.
    (e) Removal of natural and synthetic rope from service. Natural and 
synthetic rope having any of the following defects shall be removed from 
service:
    (1) Abnormal wear;
    (2) Powdered fiber between strands;
    (3) Sufficient cut or broken fibers to affect the capability of the 
rope;
    (4) Variations in the size or roundness of strands;
    (5) Discolorations other than stains not associated with rope 
damage;
    (6) Rotting; or
    (7) Distortion or other damage to attached hardware.
    (f) Thimbles. Properly fitting thimbles shall be used where any rope 
is secured permanently to a ring, shackle or attachment, where 
practicable.
    (g) Synthetic web slings. (1) Slings and nets or other combinations 
of more than one piece of synthetic webbing assembled and used as a 
single unit (synthetic web slings) shall not be used to hoist loads in 
excess of the sling's rated capacity.
    (2) Synthetic web slings shall be removed from service if they 
exhibit any of the following defects:
    (i) Acid or caustic burns;
    (ii) Melting or charring of any part of the sling surface;
    (iii) Snags, punctures, tears or cuts;
    (iv) Broken or worn stitches; or
    (v) Distortion or damage to fittings.
    (vi) Display of visible warning threads or markers designed to 
indicate excessive wear or damage.
    (3) Defective synthetic web slings removed from service shall not be 
returned to service unless repaired by a sling manufacturer or similar 
entity. Each repaired sling shall be proof tested by the repairer to 
twice the slings' rated capacity prior to its return to service. The 
employer shall retain a certificate of the proof test and make it 
available for examination.
    (4) Synthetic web slings provided by the employer shall only be used 
in accordance with the manufacturer's use recommendations, which shall 
be available.
    (5) Fittings shall have a breaking strength at least equal to that 
of the sling to which they are attached and shall be free of sharp 
edges.
    (h) Chains and chain slings used for hoisting. (1) The employer 
shall adhere to the manufacturer's recommended ratings for safe working 
loads for the sizes of wrought iron and alloy steel chains and chain 
slings used and shall have such ratings available. When the manufacturer 
is unable to provide such ratings, the employer shall use the tables for 
chains and chain slings found in American National Safety Standard for 
Slings, ANSI B30.9-1971.
    (2) Proof coil steel chain, also known as common or hardware chain, 
and other chain not recommended by the manufacturer for slinging or 
hoisting shall not be used for slinging or hoisting.
    (3)(i) Sling chains, including end fastenings, shall be inspected 
for visible defects before each day's use and as often as necessary 
during use to ensure integrity of the sling.
    (ii) Thorough inspections of chains in use shall be made quarterly 
to detect wear, defective welds, deformation or increase in length or 
stretch. The month of inspection shall be indicated

[[Page 241]]

on each chain by color of paint on a link or by other equally effective 
means.
    (iii) Chains shall be removed from service when maximum allowable 
wear, as indicated in Table C-2, is reached at any point of link.
    (iv) Chain slings shall be removed from service when stretch has 
increased the length of a measured section by more than five percent; 
when a link is bent, twisted or otherwise damaged; or when a link has a 
raised scarf or defective weld.
    (v) Only designated persons shall inspect chains used for slinging 
and hoisting.

         Table C-2--Maximum Allowable Wear at Any Point of Link
------------------------------------------------------------------------
             Chain size                     Maximum allowable wear
------------------------------------------------------------------------
      Inches              (cm)             Inches             (cm)
------------------------------------------------------------------------
\1/4\(\9/32\)              (0.6)             \3/64\             (0.1)
        \3/8\              (1.0)             \5/64\             (0.2)
        \1/2\              (1.3)             \7/64\             (0.3)
        \5/8\              (1.6)             \9/64\             (0.4)
        \3/4\              (1.9)             \5/32\             (0.4)
        \7/8\              (2.2)            \11/64\             (0.4)
            1              (2.5)             \3/16\             (0.5)
       1\1/8\              (2.9)             \7/32\             (0.6)
       1\1/4\              (3.2)              \1/4\             (0.6)
       1\3/8\              (3.5)             \9/32\             (0.7)
       1\1/2\              (3.8)             \5/16\             (0.8)
       1\3/4\              (4.4)            \11/32\             (0.9)
------------------------------------------------------------------------

    (4) Chains shall be repaired only under qualified supervision. Links 
or portions of chain defective under any of the criteria of paragraph 
(h)(3)(iii) of this section shall be replaced with properly dimensioned 
links or connections of material similar to those of the original chain. 
Before repaired chains are returned to service, they shall be tested to 
the proof load recommended by the manufacturer of the original chain. 
Tests shall be performed by the manufacturer or shall be certified by an 
agency accredited for the purpose under part 1919 of this chapter. Test 
certificates shall be available for inspection.
    (5) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding six months. Heat treatment 
certificates shall be available for inspection. Alloy chains shall not 
be annealed.
    (6) Kinked or knotted chains shall not be used for lifting. Chains 
shall not be shortened by bolting, wiring or knotting. Makeshift links 
or fasteners such as wire, bolts or rods shall not be used.
    (7) Hooks, rings, links and attachments affixed to sling chains 
shall have rated capacities at least equal to that of the chains to 
which they are attached.
    (8) Chain slings shall bear identification of size, grade and rated 
capacity.
    (i) Shackles. (1) If available, the manufacturer's recommended safe 
working loads for shackles shall not be exceeded. In the absence of 
manufacturer's recommendations, Table C-3 shall apply.
    (2) Screw pin shackles used aloft in house fall or other gear, 
except in cargo hook assemblies, shall have their pins moused or 
otherwise effectively secured.

                                   Table C-3--Safe Working Loads for Shackles
----------------------------------------------------------------------------------------------------------------
                               Material size                                   Pin diameter
---------------------------------------------------------------------------------------------  Safe working load
                              Inches                                  (cm)   Inches    (cm)    in 2,000 lb tons
----------------------------------------------------------------------------------------------------------------
\1/2\.............................................................   (1.3)    \5/8\   (1.6)                 1.4
\5/8\.............................................................   (1.6)    \3/4\   (1.9)                 2.2
\3/4\.............................................................   (1.9)    \7/8\   (2.2)                 3.2
\7/8\.............................................................   (2.2)        1   (2.5)                 4.3
1.................................................................   (2.5)   1\1/8\   (2.9)                 5.6
1\1/8\............................................................   (2.9)   1\1/4\   (3.2)                 6.7
1\1/4\............................................................   (3.2)   1\3/8\   (3.5)                 8.2
1\3/8\............................................................   (3.5)   1\1/2\   (3.8)                10.0
1\1/2\............................................................   (3.8)   1\5/8\   (4.1)                11.9
1\3/4\............................................................   (4.4)        2   (5.1)                16.2
2.................................................................   (5.1)   2\1/4\   (5.7)                21.2
----------------------------------------------------------------------------------------------------------------

    (j) Hooks other than hand hooks. (1) The manufacturers' recommended 
safe working loads for hooks shall not be exceeded. Hooks other than 
hand hooks shall be tested in accordance with Sec.  1917.50(c)(6).
    (2) Bent or sprung hooks shall be discarded.
    (3) Teeth of case hooks shall be maintained in safe condition.
    (4) Jaws of patent clamp-type plate hooks shall be maintained in 
condition to grip plates securely.
    (5) Loads shall be applied to the throat of the hook only.
    (k) Pallets. (1) Pallets shall be made and maintained to safely 
support and carry loads being handled. Fastenings of reusable pallets 
used for hoisting shall be bolts and nuts, drive screws (helically 
threaded nails), annular

[[Page 242]]

threaded nails or fastenings of equivalent holding strength.
    (2) Damaged pallets shall be stored in designated areas and 
identified.
    (3) Reusable wing or lip-type pallets shall be hoisted by bar 
bridles or other suitable gear and shall have an overhanging wing or lip 
of at least three inches (7.62cm). They shall not be hoisted by wire 
slings alone.
    (4) Loaded pallets that do not meet the requirements of this 
paragraph shall be hoisted only after being placed on pallets meeting 
such requirements or shall be handled by other means providing 
equivalent safety.
    (5) Bridles for handling flush end or box-type pallets shall be 
designed to prevent disengagement from the pallet under load.
    (6) Pallets shall be stacked or placed to prevent falling, 
collapsing or otherwise causing a hazard under standard operating 
conditions.
    (7) Disposable pallets intended only for one use shall not be reused 
for hoisting.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40198, July 25, 1997; 65 
FR 40938, June 30, 2000]



Sec.  1917.43  Powered industrial trucks.

    (a) Applicability. This section applies to every type of powered 
industrial truck used for material or equipment handling within a marine 
terminal. It does not apply to over-the-road vehicles.
    (b) General. (1) After October 3, 1983, modifications, such as 
adding counterweights, that might affect the vehicle's capacity or 
safety shall not be performed without either the manufacturer's prior 
written approval or the written approval of a professional engineer 
experienced with the equipment who has consulted with the manufacturer, 
if available. Capacity, operation and maintenance instruction plates, 
tags or decals shall be changed to conform to the equipment as modified.
    (2) Unauthorized personnel shall not ride on powered industrial 
trucks. A safe place to ride shall be provided when riding is 
authorized.
    (3) When a powered industrial truck is left unattended, load-
engaging means shall be fully lowered, controls neutralized and brakes 
set. Unless the truck is in view and within 25 feet (7.62 m) of the 
operator, power shall be shut off. Wheels shall be blocked or curbed if 
the truck is on an incline.
    (4) Powered industrial trucks shall not be operated inside highway 
vehicles or railcars having damage which could affect operational 
safety.
    (5) Powered industrial trucks shall be marked with their rated 
capacities, which shall be visible to the operator.
    (6) Only stable and safely arranged loads within the rated capacity 
of the truck shall be handled.
    (7) The employer shall direct drivers to ascend and descend grades 
slowly.
    (8) The employer shall direct drivers to slow down and sound the 
horn at crossaisles and other locations where visibility is obstructed.
    (9) If the load obstructs the forward view, the employer shall 
direct drivers to travel with the load trailing.
    (10) Steering knobs shall not be used unless the truck is equipped 
with power steering.
    (11) When powered industrial trucks use cargo lifting devices that 
have a means of engagement hidden from the operator, a means shall be 
provided to enable the operator to determine that the cargo has been 
engaged.
    (12) When cargo is being towed on pipe trucks or similar equipment, 
a safe means shall be provided to protect the driver from sliding loads.
    (c) Maintenace. (1) Only designated persons shall perform 
maintenance and repair.
    (2) Batteries on all powered trucks shall be disconnected during 
repairs to the primary electrical system unless power is necessary for 
testing and repair. On trucks equipped with systems capable of storing 
residual energy, that energy shall be safely discharged before work on 
the primary electrical system begins.
    (3) Replacement parts whose function might affect operational safety 
shall be equivalent in strength and performance capability to the 
original parts which they replace.
    (4) Braking systems or other mechanisms used for braking shall be 
operable and in safe condition.
    (5) Powered industrial trucks shall be maintained in safe working 
order. Safety devices shall not be removed or

[[Page 243]]

made inoperative except as otherwise provided in this section. Trucks 
with a fuel system leak or any other safety defect shall not be 
operated.
    (6) Those repairs to the fuel and ignition systems of industrial 
trucks which involve fire hazards shall be conducted only in locations 
designated as safe for such repairs.
    (d) Approved trucks--(1) Approved power-operated industrial truck 
means one listed or approved for the intended use by a nationally 
recognized testing laboratory.
    (2) Approved trucks acquired and used after February 15, 1972, shall 
bear a label or other identification indicating testing laboratory 
approval.
    (3) When the atmosphere in an area is hazardous and the provisions 
of United States Coast Guard regulations at 33 CFR 126.15(e) do not 
apply, only power-operated industrial trucks approved for such locations 
shall be used.
    (e) Fork lift trucks--(1) Overhead guards. (i) When operators are 
exposed to overhead falling hazards, fork lift trucks shall be equipped 
with securely attached overhead guards. Guards shall be constructed to 
protect the operator from falling boxes, cartons, packages, or similar 
objects.
    (ii) Overhead guards shall not obstruct the operator's view, and 
openings in the top of the guard shall not exceed six inches (15.24 cm) 
in one of the two directions, width or length. Larger openings are 
permitted if no opening allows the smallest unit of cargo being handled 
to fall through the guard.
    (iii) Overhead guards shall be built so that failure of the 
vehicle's mast tilting mechanism will not displace the guard.
    (iv) An overhead guard, otherwise required by this paragraph, may be 
removed only when it would prevent a truck from entering a work space 
and if the operator is not exposed to low overhead obstructions in the 
work space.
    (v) Overhead guards shall be large enough to extend over the 
operator during all truck operations, including forward tilt.
    (2) Load backrest extensions. Where necessary to protect the 
operator, fork lift trucks shall be fitted with a vertical load backrest 
extension to prevent the load from hitting the mast when the mast is 
positioned at maximum backward tilt. For this purpose, a ``load backrest 
extension'' means a device extending vertically from the fork carriage 
frame to prevent raised loads from falling backward.
    (3) Forks. Forks, fork extensions and other attachments shall be 
secured so that they cannot be accidentally dislodged, and shall be used 
only in accordance with the manufacturer's recommendations.
    (4) Counterweights. Counterweights shall be so affixed that they 
cannot be accidentally dislodged.
    (5) Capacities and weights. (i) Fork lift truck rated capacities, 
with and without removable counterweights, shall not be exceeded. Rated 
capacities shall be marked on the vehicle and shall be visible to the 
operator. The vehicle weight, with and without counterweight, shall be 
similarly marked.
    (ii) If loads are lifted by two or more trucks working in unison, 
the total weight of the load shall not exceed the combined rated lifting 
capacity of all trucks involved.
    (6) Lifting of employees. Employees may be elevated by fork lift 
trucks only when a platform is secured to the lifting carriage or forks. 
The platform shall meet the following requirements:
    (i) The platform shall have a railing complying with Sec.  
1917.112(c).
    (ii) The platform shall have toeboards complying with Sec.  
1917.112(d) if tools or other objects could fall on employees below.
    (iii) An employee shall be at the truck's controls whenever 
employees are elevated.
    (iv) Employees on the platform shall be protected from exposure to 
moving truck parts.
    (v) The platform floor shall be skid resistant.
    (vi) When the truck has controls elevated with the lifting carriage, 
means shall be provided for employees on the platform to shut off power 
to the vehicle.
    (vii) While employees are elevated, the truck may be moved only to 
make minor placement adjustments.
    (f) Bulk cargo-moving vehicles. (1) Where a seated operator may come 
into

[[Page 244]]

contact with projecting overheads, crawler-type bulk-cargo-moving 
vehicles that are rider operated shall be equipped with operator's 
guards.
    (2) Guards and their attachment points shall be so designed as to be 
able to withstand, without excessive deflection, a load applied 
horizontally at the operator's shoulder level equal to the drawbar pull 
of the machine.
    (3) After July 26, 1999 bulk cargo-moving vehicles shall be equipped 
with rollover protection of such design and construction as to prevent 
the possibility of the operator being crushed because of a rollover or 
upset.
    (g) Straddle trucks--(1) Accessibility. Straddle trucks shall have a 
permanent means of access to the operator's station, including any 
handholds necessary for safe ascent and descent.
    (2) Guarding. (i) Main sprockets and chains to the wheels shall be 
guarded as follows:
    (A) The upper sprocket shall be enclosed;
    (B) The upper half of the lower sprocket shall be enclosed; and
    (C) The drive chain shall be enclosed to a height of eight feet 
(2.44 m) except for that portion at the lower half of the lower 
sprocket.
    (ii) Gears shall be enclosed and revolving parts which may be 
contacted by the operator shall be guarded.
    (iii) When straddle trucks are used in the vicinity of employees, 
personnel-deflecting guards shall be provided around leading edges of 
front and rear wheels.
    (3) Visibility. Operator visibility shall be provided in all 
directions of movement.
    (h) Trailer-spotting tractors. (1) Trailer-spotting tractors (fifth 
wheels) shall be fitted with any hand grabs and footing necessary for 
safe access to the fifth wheel.
    (2) Rear cab windows shall be of safety glass or of equivalent 
material.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40198, July 25, 1997; 65 
FR 40939, June 30, 2000]



Sec.  1917.44  General rules applicable to vehicles. \4\
---------------------------------------------------------------------------

    \4\ The United States Coast Guard at 33 CFR 126.15(d) and (e) has 
additional regulations applicable to vehicles in terminals.
---------------------------------------------------------------------------

    (a) The requirements of this section apply to general vehicle use 
within marine terminals. Exception: The provisions of paragraphs (c) and 
(l) of this section do not apply when preempted by applicable 
regulations of the Department of Transportation. \5\
---------------------------------------------------------------------------

    \5\ Department of Transportation regulations in 49 CFR part 393, 
Subpart C--Brakes, address the immobilization of trailer road wheels 
prior to disconnection of the trailer and until braking is again 
provided. Section 49 CFR 393.84 addresses the condition of flooring. 
These DOT rules apply when the motor carrier is engaged in interstate 
commerce or in the transport of certain hazardous items wholly within a 
municipality or the commercial zone thereof.
---------------------------------------------------------------------------

    (b) Private vehicle parking in marine terminals shall be allowed 
only in designated areas.
    (c) Trailers shall not be disconnected from tractors at loading 
docks until the road wheels have been immobilized. The road wheels shall 
be immobilized from the time the brake system is disconnected until 
braking is again provided. Supplementary front end support shall be 
employed as necessary to prevent tipping when a trailer is entered by a 
material handling vehicle. Rear end support shall be employed if rear 
wheels are so far forward as to allow tipping when the trailer is 
entered.
    (d) The employer shall direct motor vehicle operators to comply with 
any posted speed limits and other traffic control signs or signals, and 
written traffic instructions.
    (e) Stop signs shall be posted at main entrances and exits of 
structures where visibility is impaired, and at blind intersections, 
unless direct traffic control or warning mirror systems or other systems 
of equivalent safety are provided.
    (f) Vehicular routes, traffic rules, and parking areas shall be 
established, identified, and used.
    (g) The employer shall direct vehicle drivers to warn employees in 
traffic lanes of the vehicle's approach.

[[Page 245]]

    (h) Signs indicating pedestrian traffic shall be clearly posted at 
vehicular check-in and check-out lines and similar locations where 
employees may be working.
    (i) A distance of not less than 20 feet (6.1 m) shall be maintained 
between the first two vehicles in a check-in, check-out, roadability, or 
vessel loading/discharging line. This distance shall be maintained 
between any subsequent vehicles behind which employees are required to 
work.
    (j) No unattended vehicle shall be left with its engine running 
unless secured against movement (see Sec.  1917.43(b)(3) for powered 
industrial trucks).
    (k) When the rear of a vehicle is elevated to facilitate loading or 
discharging, a ramp shall be provided and secured. The vehicle shall be 
secured against accidental movement during loading or discharging.
    (l) Only highway vehicle floors in safe condition shall be used.
    (m) When flatbed trucks, platform containers or similar conveyances 
are loaded or discharged and the cargo consists of pipe or other 
products which could spread or roll to endanger employees, the cargo 
shall be contained to prevent movement.
    (n) Vehicles used to transport employees within a terminal shall be 
maintained in safe working order and safety devices shall not be removed 
or made inoperative.
    (o) Servicing multi-piece and single piece rim wheels. Servicing of 
multi-piece and single piece rim wheels is covered by Sec.  1910.177 of 
this chapter. (See Sec.  1917.1(a)(2)(xii)).
    (1) Scope. This paragraph applies to the servicing of vehicle wheels 
containing tube-type tires mounted on multi-piece rims.
    (2) Definition. ``Multi-piece rim'' means a vehicle wheel rim 
consisting of two or more parts, one of which is a (side) locking ring 
designed to hold the tire on the rim by tension on interlocking 
components when the tire is inflated, regardless of the relative sizes 
of the component parts.
    (3) Employee training. (i) Only employees trained in the procedures 
required in paragraph (o)(4) of this section and who have demonstrated 
their ability to service multi-piece rim wheels shall be assigned such 
duties.
    (ii) Employees assigned such duties shall have demonstrated their 
ability by the safe performance of the following tasks:
    (A) Tire demounting (including deflation);
    (B) Inspection of wheel components;
    (C) Mounting of tires;
    (D) Inflation of tires, including use of a restraining device;
    (E) Handling of wheels;
    (F) Inflation of tires when a wheel is mounted on the vehicle; and
    (G) Installation and removal of wheels.
    (4) Servicing procedures. The following procedures shall be 
followed:
    (i) Tires shall be completely deflated before demounting by removal 
of the valve core;
    (ii) The valve core shall be removed before the wheel is removed 
from the axle when:
    (A) The tire has been operated underinflated at 80% or less of its 
recommended pressure, or
    (B) There is discernible or suspected damage to the tire or wheel 
components;
    (iii) Mating surfaces shall be free of dirt, surface rust, scale and 
rubber buildup before mounting;
    (iv) Rubber lubricant shall be applied to bead and rim mating 
surfaces upon wheel assembly and inflation of the tire;
    (v) Air pressure shall not exceed 3 psig (0.21 kg/cm\2\) when 
seating the locking ring or rounding out the tube when a tire is being 
partially inflated without a restraining device;
    (vi) While the tire is pressurized, components shall not be struck 
or forced to correct the seating of side or lock rings;
    (vii) There shall not be any contact between an employee or unit of 
equipment and a restraining device during tire inflation;
    (viii) After inflation, tires, rims and rings shall be inspected 
while within the restraining device to ensure seating and locking. If 
adjustment is necessary the tire shall first be deflated by valve core 
removal; and

[[Page 246]]

    (ix) Before assembly, wheel components shall be inspected, and 
damaged rim components shall not be reused.
    (5) Charts and manuals. (i) The employer shall provide a chart 
containing as a minimum the instructions and information provided in the 
United States Department of Transportation, National Highway Traffic 
Safety Administration (NHTSA) publication ``Safety Precautions for 
Mounting and Demounting Tube-Type Truck/Bus Tires'' and ``Multi-Piece 
Rim Wheel Matching Chart,'' and pertinent to the type(s) of multi-piece 
rim wheels being serviced. The chart shall be available in the 
terminal's service area. \6\
---------------------------------------------------------------------------

    \6\ NHTSA charts are available from General Services Division, 
National Highway Traffic Safety Administration, Attention: N48-51, 400 
Seventh Street, SW., Washington, D.C. 20590. Industry charts are 
available upon request from the manufacturer.
---------------------------------------------------------------------------

    (ii) A current rim manual containing the manufacturer's instructions 
for mounting, demounting, maintenance and safety precautions relating to 
the multi-piece rim wheels being serviced shall be available in the 
terminal's service area.
    (6) Restraining devices. (i) Except as otherwise noted, inflation 
shall be done within a restraining device such as a cage, rack or other 
device capable of withstanding the maximum force that would be 
transferred to it during an explosive wheel separation occurring at 150% 
of maximum tire specification pressure for the wheels being serviced. 
The restraining device shall be capable of preventing rim components 
from being thrown outside the frame of the device for any wheel position 
within the device. When the wheel assembly is mounted on a vehicle, 
tires may be inflated without a restraining device only if they have 
more than 80% of the recommended pressure and if remote control 
inflation equipment is used and employees are clear of the danger area.
    (ii) Restraining devices shall be kept in good repair and be capable 
of preventing rim components from being thrown outside the device.
    (7) Inflation hoses. Inflation hoses shall have a manual clip-on 
chuck with sufficient hose to permit an employee to be clear of the 
danger zone. An in-line, manually operated valve with gauge or a preset 
pressure regulator shall be used to inflate tires.
    (8) Other equipment. (i) Only tools recommended in the rim manual 
for the type of wheel being serviced shall be used to service multi-
piece rim wheels.
    (ii) Wheel components shall not be interchanged except as provided 
in the applicable chart or manual.

[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987; 
62 FR 40199, July 25, 1997; 65 FR 40939, June 30, 2000]



Sec.  1917.45  Cranes and derricks (See also Sec.  1917.50).

    (a) Coverage. (1) This section applies to every kind of crane and 
derrick and to any other type of equipment performing the functions of a 
crane or derrick except as noted in paragraph (a)(2) of this section.
    (2) This section does not apply to small industrial truck-type 
cranes, container handling top-loaders and sideloaders, chain hoists, 
and mobile straddle-type cranes incapable of straddling two or more 
intermodal containers (16 feet (4.88 m) in width).
    (b) Ratings. (1) Except for bridge cranes covered by paragraph (g) 
of this section, cranes and derricks having ratings that vary with boom 
length, radius (outreach) or other variables shall have a durable rating 
chart visible to the operator, covering the complete range of the 
manufacturer's (or design) capacity ratings. The rating chart shall 
include all operating radii (outreach) for all permissible boom lengths 
and jib lengths as applicable, with and without outriggers, and 
alternate ratings for optional equipment affecting such ratings. 
Precautions or warnings specified by the owner or manufacturer shall be 
included along with the chart.
    (2) The manufacturer's (or design) rated loads for the conditions of 
use shall not be exceeded.
    (3) Designated working loads shall not be increased beyond the 
manufacturer's ratings or original design limitations unless such 
increase receives the manufacturer's approval. When the manufacturer's 
services are not available or where the equipment is of foreign 
manufacture, engineering design analysis shall be performed or approved 
by a person accredited for certificating the equipment under part 1919 
of this

[[Page 247]]

chapter. Engineering design analysis shall be performed by a registered 
professional engineer competent in the field of cranes and derricks. Any 
structural changes necessitated by the change in rating shall be carried 
out.
    (c) Radius indicator. When the rated load varies with the boom 
radius, the crane or derrick shall be fitted with a boom angle or radius 
indicator visible to the operator.
    (d) Prohibited usage. (1) Equipment shall not be used in a manner 
that exerts sideloading stresses upon the crane or derrick boom.
    (2) No crane or derrick having a visible or known defect that 
affects safe operation shall be used.
    (e) Protective devices. (1) When exposed moving parts such as gears, 
chains and chain sprockets present a hazard to employees during crane 
and derrick operations, those parts shall be securely guarded.
    (2) Crane hooks shall be latched or otherwise secured to prevent 
accidental load disengagement.
    (f) General--(1) Operating controls. (i) Crane and derrick operating 
controls shall be clearly marked, or a chart indicating their function 
shall be posted at the operator's position.
    (ii) After October 3, 1984, overhead bridge and container gantry 
crane operating control levers shall be self-centering so that they will 
automatically move to the ``off'' position when the operator releases 
the control.
    (2) Booms. Cranes with elevatable booms and without operable 
automatic limiting devices shall be provided with boom stops if boom 
elevation can exceed maximum design angles from the horizontal.
    (3) Foot pedals. Foot pedals shall have a non-skid surface.
    (4) Access. Ladders, stairways, stanchions, grab irons, foot steps 
or equivalent means shall be provided as necessary to ensure safe access 
to footwalks, cab platforms, the cab and any portion of the 
superstructure which employees must reach.
    (i) Footwalks shall be of rigid construction, and shall be capable 
of supporting a load of 100 pounds (4.79 kPa) per square foot.
    (ii) If more than 20 feet (6.1 m) in height, vertical ladders shall 
comply with Sec.  1917.118 (d), (e)(1), (e)(2)(iii), and (e)(2)(iv).
    (iii) Stairways on cranes shall be equipped with rigid handrails 
meeting the requirements of Sec.  1917.112(e).
    (iv) If the top of a ladder or stairway or any position thereof is 
located where a moving part of a crane, such as a revolving house, could 
strike an employee ascending or descending the ladder or stairway, a 
prominent warning sign shall be posted at the foot of the ladder or 
stairway. A system of communication (such as a buzzer or bell) shall be 
established and maintained between the foot of the ladder or stairway 
and the operator's cab.
    (5) Operator's station. (i) The cab, controls and mechanism of the 
equipment shall be so arranged that the operator has a clear view of the 
load or signalman, when one is used. Cab glass, when used, shall be 
safety plate glass or equivalent. Cranes with missing, broken, cracked, 
scratched, or dirty glass (or equivalent) that impairs operator 
visibility shall not be used. Clothing, tools and equipment shall be 
stored so as not to interfere with access, operation, and the operator's 
view.
    (ii) A seat (lap) belt, meeting the requirements of 49 CFR 571.208-
210 for a Type 1 seat belt assembly, shall be installed on the 
operator's seat of high speed container gantry cranes where the seat 
trolleys.
    (6) Counterweights or ballast. Cranes shall be operated only with 
the specified type and amount of ballast or counterweights. Ballast or 
counterweight shall be located and secured only as provided in the 
manufacturer's or design specifications, which shall be available.
    (7) Outriggers. Outriggers shall be used according to the 
manufacturers' specifications or design data, which shall be available. 
Floats, when used, shall be securely attached to the outriggers. Wood 
blocks or other support shall be of sufficient size to support the 
outrigger, free of defects that may affect safety and of sufficient 
width and length to prevent the crane from shifting or toppling under 
load.
    (8) Exhaust gases. Engine exhaust gases shall be discharged away 
from the normal position of crane operating personnel.

[[Page 248]]

    (9) Electrical equipment shall be so located or enclosed that live 
parts will not be exposed to accidental contact. Designated persons may 
work on energized equipment only if necessary during inspection, 
maintenance, or repair.
    (10) Fire extinguisher. (i) At least one portable fire extinguisher 
of at least 5-BC rating or equivalent shall be accessible in the cab of 
the crane or derrick.
    (ii) No portable fire extinguisher using carbon tetrachloride or 
chlorobromomethane extinguishing agents shall be used.
    (11) Rope on drums. At least three full turns of rope shall remain 
on ungrooved drums, and two turns on grooved drums, under all operating 
conditions. Wire rope shall be secured to drums by clamps, U-bolts, 
shackles or equivalent means. Fiber rope fastenings are prohibited.
    (12) Assembly or disassembly of boom sections. Mobile crane booms 
being assembled or disassembled on the ground with or without the 
support of the boom harness shall be blocked to prevent dropping of the 
boom or boom sections.
    (13) Brakes. (i) Each independent hoisting unit of a crane shall be 
equipped with at least one holding brake, applied directly to the motor 
shaft or gear train.
    (ii) Each independent hoisting unit of a crane, except worm geared 
hoists, the angle of whose worm is such as to prevent the load from 
accelerating in the lowering direction, shall, in addition to a holding 
brake, be equipped with a controlled braking means to control lowering 
speeds.
    (iii) Holding brakes for hoist units shall have not less than the 
following percentage of the rated load hoisting torque at the point 
where the brake is applied:
    (A) 125 percent when used with an other than mechanically controlled 
braking means; or
    (B) 100 percent when used with a mechanically-controlled braking 
means.
    (C) 100 percent when two holding brakes are provided.
    (iv) All power control braking means shall be capable of maintaining 
safe lowering speeds of rated loads.
    (g) Rail-mounted cranes (excluding locomotive types). (1) For the 
purposes of this section, rail-mounted cranes include bridge cranes and 
portal cranes.
    (2) Rated load marking. The rated loads of bridge cranes shall be 
plainly marked on each side of the crane and in the cab. If there is 
more than one hoisting unit, each hoist shall have its rated load marked 
on it or on its load block. Marking shall be legible from the ground 
level.
    (3) Wind-indicating devices. (i) After October 3, 1983, each rail-
mounted bridge and portal crane located outside of an enclosed structure 
shall be fitted with an operable wind-indicating device.
    (ii) The wind indicating device shall provide a visible or audible 
warning to alert the operator of high wind conditions. That warning 
shall be transmitted whenever the following circumstances are present:
    (A) When wind velocity reaches the warning speed, not exceeding the 
crane manufacturer's recommendations; and
    (B) When wind velocity reaches the shutdown speed, not exceeding the 
crane manufacturer's recommendations, at which work is to be stopped and 
the crane secured.
    (iii) Instructions. The employer shall post operating instructions 
for high wind conditions in the operator's cab of each crane. Operators 
shall be directed to comply with these instructions. The instructions 
shall include procedures for responding to high wind alerts and for any 
coordination necessary with other cranes.
    (4) Securing of cranes in high winds. (i) When the wind reaches the 
crane's warning speed:
    (A) Gantry travel shall be stopped; and
    (B) The crane shall be readied for shutdown.
    (ii) When the wind reaches the crane's shutdown speed:
    (A) Any portion of the crane spanning or partially spanning a vessel 
shall be moved clear of the vessel if safe to do so; and
    (B) The crane shall be secured against travel, using all available 
means of securing.
    (5) The employer shall monitor local weather conditions by 
subscribing to a weather service or using equally effective means.

[[Page 249]]

    (6) Stops and bumpers. (i) The ends of all tracks shall be equipped 
with stops or bumpers. If a stop engages the tread of the wheel, it 
shall be of a height not less than the radius of the wheel.
    (ii) When more than one crane operates on the same runway or more 
than one trolley on the same bridge, each crane or trolley shall be 
equipped with bumpers or equivalent devices at adjacent ends subject to 
impact.
    (7) Employee exposure to crane movement. When employees may be in 
the vicinity of the tracks, crane trucks shall be equipped with 
personnel-deflecting guards.
    (8) Pedestrian clearance. If the track area is used for employee 
passage or for work, a minimum clearance of three feet (.91 m) shall be 
provided between trucks or the structures of rail-mounted cranes and any 
other structure or obstruction. When the required clearance is not 
available on at least one side of the crane's trucks, the area shall not 
be used and shall be marked and identified.
    (9) Warning devices. Rail-mounted cranes shall be equipped with an 
effective travel warning device which shall be used to warn employees 
who may be in the path of the moving crane.
    (10) Communications. Means of communication shall be provided 
between the operator's cab and the base of the gantry of all rail-
mounted cranes. This requirement may be met by telephone, radio, sound-
signalling system or other effective methods, but not solely by hand-
signalling.
    (11) Limit switch bypass systems shall be secured during all cargo 
operations. Such bypass systems shall not be used except in an emergency 
or during non-cargo handling operations such as stowing cranes or 
derricks or performing repairs. When a situation requiring the use of a 
bypass system or the readjustment of a limit switch arises, it shall be 
done only under the direction of a crane mechanic.
    (h) Stabilizing of locomotive cranes. Loads may be hoisted by 
locomotive cranes only if outriggers are in place, unless means are 
taken to prevent the load being carried by the truck springs of the 
crane.
    (i) Operations. (1) Use of cranes together. When two or more cranes 
hoist a load in unison, a designated person shall direct the operation 
and instruct personnel in positioning, rigging of the load and movements 
to be made.
    (2) Guarding of swing radius. Accessible areas within the swing 
radius of the body of a revolving crane shall be physically guarded 
during operations to prevent an employee from being caught between the 
body of the crane and any fixed structure or between parts of the crane.
    (3) Securing mobile crane components in transit. The crane's 
superstructure and boom shall be secured against rotation and carried in 
line with the direction of travel except when negotiating turns with an 
operator in the cab or when the boom is supported on a dolly. The empty 
hook or other attachment shall be secured.
    (4) Unattended cranes. The following steps shall be taken before 
leaving a crane unattended between work periods:
    (i) Suspended loads, such as those hoisted by lifting magnets or 
clamshell buckets, shall be landed unless the storage position or 
maximum hoisting of the suspended device will provide equivalent safety;
    (ii) Clutches shall be disengaged;
    (iii) The power supply shall be shut off;
    (iv) The crane shall be secured against accidental travel; and
    (v) The boom shall be lowered or secured against movement.
    (5) Operating near electric power lines. (i) Clearance. Unless 
electrical distribution and transmission lines are de-energized and 
visibly grounded at the point of work, or unless insulating barriers not 
a part of or attached to the crane have been erected to prevent physical 
contact with lines, cranes may be operated near power lines only in 
accordance with the following:
    (A) For lines rated 50 kV or below, minimum clearance between the 
lines and any part of the crane or load shall be 10 feet (3.05 m);
    (B) For lines rated over 50 kV, minimum clearance between the lines 
and any part of the crane or load shall be either 10 feet (3.05 m) plus 
0.4 inch (10.16 mm) for each 1 kV over 50 kV, or twice the length of the 
line insulator, but never less than 10 feet; and

[[Page 250]]

    (C) In transit with no load and boom lowered, the clearance shall be 
a minimum of 4 feet (1.22 m).
    (ii) Boom guards. Cage-type boom guards, insulating links or 
proximity warning devices may be used on cranes, but they shall not be 
used in place of the clearances required by paragraph (i)(5)(i) of this 
section.
    (iii) Determination of energized lines. Any overhead line shall be 
presumed to be energized until the owner of the line indicates that it 
is not energized.
    (j) Protection for employees being hoisted. (1) No employee shall be 
hoisted by the load hoisting apparatus of a crane or derrick except:
    (i) On intermodal container spreaders, equipped in accordance with 
paragraph (j)(8) of this section; or
    (ii) In a boatswain's chair or other device rigged to prevent it 
from accidental disengagement from the hook or supporting member; or
    (iii) On a platform meeting the following requirements:
    (A) Enclosed by a railing or other means providing protection 
equivalent to that described in Sec.  1917.112(c). If equipped with open 
railings, the platform shall be fitted with toe boards;
    (B) Having a safety factor of four based on ultimate strength;
    (C) Bearing a plate or permanent marking indicating maximum load 
rating, which shall not be exceeded, and the weight of the platform 
itself;
    (D) Equipped with a device to prevent access doors, when used, from 
opening accidentally;
    (E) Equipped with overhead protection for employees on the platform 
if they are exposed to falling objects or overhead hazards;
    (F) Secured to the load line by means other than wedge and socket 
attachments, unless the free (bitter) end of the line is secured back to 
itself by a clamp placed as close above the wedge as possible.
    (2) Except in an emergency, the hoisting mechanism of all cranes or 
derricks used to hoist personnel shall operate only in power up and 
power down, with automatic brake application when not hoisting or 
lowering.
    (3) Variable radius booms of a crane or derrick used to hoist 
personnel shall be so constructed or secured as to prevent accidental 
boom movement.
    (4) Platforms or devices used to hoist employees shall be inspected 
for defects before each day's use and shall be removed from service if 
defective.
    (5) Employees being hoisted shall remain in continuous sight of and 
communication with the operator or signalman.
    (6) Operators shall remain at the controls when employees are 
hoisted.
    (7) Cranes shall not travel while employees are hoisted, except in 
emergency or in normal tier to tier transfer of employees during 
container operations.
    (8) When intermodal container spreaders are used to transfer 
employees to or from the tops of containers, the spreaders shall be 
equipped with a personnel platform equipped with fixed railings, 
provided that the railings have one or more openings for access. The 
openings shall be fitted with a means of closure, such as chains with 
hooks. Existing railings shall be at least 36 inches (0.91 m) in height. 
New railings installed after October 3, 1983 shall be 42 inches (1.07 
m), plus or minus 3 inches (7.62 cm), in height. The provisions of 
paragraphs (j)(1)(iii)(C), (j)(1)(iii)(D), and (j)(1)(iii)(F) of this 
section also apply to personnel platforms when such container spreaders 
are used.
    (9) Employees shall not be hoisted on intermodal container spreaders 
while a load is engaged.
    (10) All cranes and derricks used to hoist personnel shall be 
equipped with an anti-two-blocking device.
    (k) Routine inspection. (1) Designated persons shall visually 
inspect each crane and derrick on each day of use for defects in 
functional operating components and shall report any defect found to the 
employer. The employer shall inform the operator of the findings.
    (2) A designated person shall thoroughly inspect all functional 
components and accessible structural features of each crane or device at 
monthly intervals.
    (3) Any defects found during such inspections which may create a 
safety hazard shall be corrected before further

[[Page 251]]

equipment use. Repairs shall be performed only by designated persons.
    (4) A record of monthly inspections shall be maintained for six 
months in or on the crane or derrick or at the terminal.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40199, July 25, 1997; 65 
FR 40940, June 30, 2000]



Sec.  1917.46  Load indicating devices.

    (a)(1) Except as provided in paragraph (a)(1)(viii) of this section, 
every crane after October 3, 1984 shall be fitted with a load indicating 
device or alternative device in proper working condition which shall 
meet the following criteria:
    (i) The type or model or any load indicating or alternate device 
which is used shall provide:
    (A) A direct indication in the cab of actual weight hoisted or a 
means of determining this by referencing a weight indication to crane 
ratings posted and visible to the operator, except that the use of a 
dynamometer or simple scale alone will not meet this requirement; or
    (B) Indications in the cab according to the radius and load at the 
moment; or
    (C) A direct means to prevent an overload from occurring.
    (ii) The accuracy of the load indicating device, weight-moment 
device, or overload protection device shall be such that any indicated 
load (or limit), including the sum of actual weight hoisted and 
additional equipment or ``add ons'' such as slings, sensors, blocks, 
etc., is within the range between 95 percent (5 percent underload) and 
110 percent (10 percent overload) of the actual true total load. Such 
accuracy shall be required over the range of daily operating variables 
reasonably anticipated under the conditions of use.
    (iii) The device shall permit the operator to determine, before 
making any lift, that the indicating or substitute system is operative. 
In the alternative, if a device is so mounted or attached to preclude 
such a determination, it may not be used unless it has been certified by 
the manufacturer to remain operable within the limits stated in 
paragraph (a)(1)(ii) of this section for a specific period of use. 
Checks for accuracy, using known values of load, shall be performed at 
the time of every certification survey (see Sec.  1917.50) and at such 
additional times as may be recommended by the manufacturer.
    (iv) When a load indicating device or alternative system is so 
arranged in the supporting system (crane structure) that its failure 
could cause the load to be dropped, its strength shall not be the 
limiting factor of the supporting system (crane structure).
    (v) Marking shall be conspicuously placed giving: units of measure 
in pounds or both pounds and kilograms, capacity of the indicating 
system, accuracy of the indicating system, and operating instructions 
and precautions. In the case of systems utilizing indications other than 
actual weights, the marking shall include data on: the means of 
measurement, capacity of the system, accuracy of the system, and 
operating instructions and precautions. If the system used provides no 
readout, but is such as to automatically cease crane operation when the 
rated load limit under any specific condition of use is reached, marking 
shall be provided giving the make and model of the device installed, a 
description of what it does, how it is operated, and any necessary 
precautions regarding the system. All weight indications, other types of 
loading indications, and other data required shall be readily visible to 
the operator.
    (vi) All load indicating devices shall be operative over the full 
operating radius. Overall accuracy shall be based on actual applied load 
and not on full scale (full capacity) load.

    Explanatory Note: For example, if accuracy of the load indicating 
device is based on full scale load and the device is arbitrarily set at 
plus/minus 10 percent, it would accept a reading between 90,000 and 
110,000 lbs., at full capacity of a machine with 100,000 lbs., maximum 
rating, but would also allow a reading between zero and 20,000 lbs., at 
that outreach (radius) at which the rating would be 10,000 lbs., 
capacity--an unacceptable figure. If, however, accuracy is based on 
actual applied load under the same conditions, the acceptable range 
would remain the same with the 100,000-lb. load but becomes a figure 
between 9,000 and 11,000 lbs., a much different and acceptable 
condition, at the 10,000-lb. load.


[[Page 252]]


    (vii) When the device uses the radius as a factor in its use or in 
its operating indications, the indicated radius (which may be in feet 
and/or meters, or degrees of boom angle, depending on the system used) 
shall be a figure which is within the range of a figure no greater than 
110 percent of the actual radius to a figure which is no less than 97 
percent of the actual (true) radius. A conversion chart shall be 
provided whenever it is necessary to convert between degrees of radius 
and feet or meters.
    (viii) The load indicating device requirements of this subparagraph 
do not apply to a crane:
    (A) Of trolley equipped bridge type or overhead type while handling 
intermodal containers known to be identified as empty, or loaded, and in 
either case in compliance with the provisions of Sec.  1917.71, or while 
hoisting other lifts by means of a lifting beam supplied by the crane 
manufacturer for the purpose, and in all cases within the crane rating;
    (B) While handling bulk commodities or cargoes by means of clamshell 
bucket or magnet;
    (C) While used to handle or hold hoses in connection with transfer 
of bulk liquids or other hose handled products; or
    (D) While the crane is used exclusively to handle cargo or equipment 
the total actual gross weight of which is known by means of marking of 
the unit or units hoisted, when such total actual gross weight never 
exceeds 11,200 lbs., and when 11,200 lbs., is less than the rated 
capacity of the crane at the maximum outreach that is possible under the 
conditions of use at the time.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40199, July 25, 1997]



Sec.  1917.47  Winches.

    (a) Moving winch parts which present caught-in hazards to employees 
shall be guarded.
    (b) Winches shall have clearly identifiable and readily accessible 
stop controls.
    (c) Portable winches shall be secured against accidental shifting 
while in use.
    (d) Portable winches shall be fitted with limit switches if 
employees have access to areas from which it is possible to be drawn 
into the winch.
    (e) The provisions of Sec.  1917.45(f)(11) shall apply to winches.



Sec.  1917.48  Conveyors.

    (a) Guards. (1) Danger zones at or adjacent to conveyors shall be 
guarded to protect employees.
    (2) An elevated walkway with guardrail or equivalent means of 
protection shall be provided where employees cross over moving 
conveyors, and suitable guarding shall be provided when employees pass 
under moving conveyors.
    (b) Moving parts. Conveyor rollers and wheels shall be secured in 
position.
    (c) Positioning. Gravity conveyor sections shall be firmly placed 
and secured to prevent them from falling.
    (d) Braking. (1) When necessary for safe operation, provisions shall 
be made for braking objects at the delivery end of the conveyor.
    (2) Conveyors using electrically released brakes shall be 
constructed so that the brakes cannot be released until power is 
applied, and so that the brakes are automatically engaged if the power 
fails or the operating control is returned to the ``stop'' position.
    (e) Stability. Portable conveyors shall be stable within their 
operating ranges. When used at variable fixed levels, the unit shall be 
secured at the operating level.
    (f) Emergency stop devices. Readily accessible stop controls shall 
be provided for use in an emergency. Whenever the operation of any power 
conveyor requires personnel to work in the immediate vicinity of the 
conveyor, the Conveyor or controls shall not be left unattended while 
the conveyor is in operation.
    (g) Starting powered conveyors. Powered conveyors shall not be 
started until all employees are clear of the conveyor or have been 
warned that the conveyor is about to start.
    (h) Loading and unloading. The area around conveyor loading and 
unloading points shall be kept clear of obstructions during conveyor 
operations.
    (i) Lockout/Tagout. (1) Conveyors shall be stopped and their power

[[Page 253]]

sources locked out and tagged out during maintenance, repair, and 
servicing, unless power is necessary for testing.
    (2) The starting device shall be locked out and tagged out in the 
stop position before an attempt is made to remove the cause of a jam or 
overload of the conveying medium, unless it is necessary to have the 
power on to remove the jam.
    (j) Safe practices. (1) Only designated persons shall operate, 
repair or service powered conveyors.
    (2) The employer shall direct employees to stay off operating 
conveyors.
    (3) Conveyors shall be operated only with all overload devices, 
guards and safety devices in place and operable.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40200, July 25, 1997]



Sec.  1917.49  Spouts, chutes, hoppers, bins, and associated equipment.

    (a) Standing and running rigging and associated gear used as a 
permanent part of spouts, chutes or similar devices shall be inspected 
before each use and shall not be used if it has any functional defects. 
(See also Sec.  1917.50(c)(2) for certification requirements.)
    (b) Direct communication shall be provided between the discharge or 
shipboard control end of loading spouts and chutes and the point in the 
terminal from which the flow of cargo is controlled.
    (c) Chute and hopper openings which present a hazard shall be 
guarded to prevent employees from falling through them.
    (d) When employees are working on hoppers, the hopper shall be 
equipped with a safe walkway and means of access.
    (e) When necessary for the safety of employees, chutes shall be 
equipped with sideboards to afford protection from falling objects.
    (f) Chutes shall be firmly placed and secured to prevent them from 
falling.
    (g) When necessary for the safety of employees, provisions shall be 
made for braking objects other than bulk commodities at the delivery end 
of the chute.
    (h) Before an employee enters an empty bin:
    (1) Personnel controlling the flow of cargo into the bin shall have 
been notified of the entry; and
    (2) The power supply to the equipment carrying the cargo to the bin 
shall be turned off, locked out and tagged.
    (i) Before an employee enters a bin containing a bulk commodity such 
as coal or sugar, the employer shall ensure that:
    (1) Personnel controlling the flow of cargo into the bin have been 
notified of the entry;
    (2) The power supply to the equipment carrying the cargo to the bin 
is turned off, locked out and tagged.
    (3) The employee entering the bin wears a lifeline and safety 
harness; and
    (4) A standby attendant equipped to perform a rescue is continuously 
stationed outside the bin until the employee has left the bin.
    (j) Bin top openings that present a hazard to employees shall be 
covered to prevent employees from falling into bins.
    (k) Chutes and hoppers shall be repaired only by designated persons.
    (l)(1) Before power shoveling operations begin, a designated person 
shall inspect the equipment to be used. The inspection shall include at 
least the eye bolts, wires, and sheaves.
    (2) Power shovels and associated equipment with defects affecting 
safe operation shall not be used.
    (3) Before adjustments are made to a power shovel, wire, or 
associated equipment, the power supply to the shovel shall be turned 
off, locked out, and tagged, the belt stopped, and the hopper closed.



Sec.  1917.50  Certification of marine terminal material handling devices
(See also mandatory appendix I, of this part).

    (a) The employer shall not use any material handling device listed 
in paragraph (c) of this section until he has ascertained that the 
device has been certificated, as evidenced by current and valid 
documents attesting to compliance with the requirements of paragraph (b) 
of this section.
    (1) Certification surveys are to be completed for the conditions of 
use found at the time such surveys are completed, with the understanding

[[Page 254]]

that equipment owners/users can change the configurations of the 
equipment according to the manufacturer's specifications without 
affecting the established certification status for the equipment.
    (2) In cases of foreign manufactured cranes, there shall be an 
owner's warranty that the design is adequate for the intended use. The 
warranty shall be based on a thorough examination of the design 
specifications by a registered professional engineer familiar with the 
equipment.
    (b) The certifications required by this section shall be performed:
    (1) In accordance with part 1919 of this chapter, by persons then 
currently accredited by the Occupational Safety and Health 
Administration as provided in that part; or
    (2) In accordance with standards established and enforced by the 
state in which the device is located or by a political subdivision 
thereof, which have been found by the Secretary to be compatible with 
part 1919 of this chapter, by persons designated as competent to perform 
such certification by competent state authority and recognized as such 
by the Secretary.
    (c) The marine terminal material handling devices listed below shall 
be certificated in the following manner:
    (1) Each crane and derrick shall be tested as a unit quadrennially, 
and shall be examined annually. Certificates of tests and examinations 
shall be made readily available for inspection.
    (2) Bulk cargo spouts and suckers, together with any portable 
extensions and rigging or outriggers supporting them vertically, shall 
be examined annually. Certificates attesting to the required examination 
shall be made readily available for inspection.
    (3) Vertical pocket or bucket conveyors such as banana, sugar, and 
grain marine legs (other than those within a grain elevator structure) 
used within a marine terminal facility shall be examined annually. The 
annual examination shall include all supporting structures, rigging and 
mechanical components and observation of all steps of operations. 
Certificates attesting to the required examinations shall be readily 
available for inspection.
    (4)(i) House fall cargo-handling gear in use shall be proof load 
tested as a unit upon initial certification and every fourth year 
thereafter. An examination shall be carried out in conjunction with each 
unit proof load test and annually thereafter. The unit test shall 
consist of a proof load of 25 percent in excess of the rated safe 
working load. Examinations shall include all supporting structures and 
components. Certificates attesting to the required tests and 
examinations shall be readily available for inspection.
    (ii) House fall span beams or other house fall block supports shall 
be marked with the safe working load, which shall not be exceeded.
    (5) Special gear. (i) Special stevedoring gear provided by the 
employer, the strength of which depends upon components other than 
commonly used stock items such as shackles, ropes, or chains, and that 
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs 
or 4.54 metric tons) shall be inspected and tested as a unit before 
initial use (see Table A in paragraph (c)(5)(ii) of this section). In 
addition, any special stevedoring gear that suffers damage necessitating 
structural repair shall be inspected and retested after repair and 
before being returned to service.
    (ii) Special stevedoring gear provided by the employer that has a 
SWL of five short tons (10,000 lbs or 4.54 metric tons) or less shall be 
inspected and tested as a unit before initial use according to 
paragraphs (d) and (e) of this section or by a designated person (see 
Table A in this paragraph (c)(5)(ii)).

                                 Table A
------------------------------------------------------------------------
             Safe working load                       Proof load
------------------------------------------------------------------------
Up to 20 short tons (18.1metric tons).....  25 percent in excess.
From 20 through 50 short tons (18.1 to      5 short tons in excess.
 45.4 metric tons.
Over 50 short tons (45.4 metric tons).....  10 percent in excess.
------------------------------------------------------------------------

    (iii) Every spreader that is not a part of ship's gear and is used 
for handling intermodal containers shall be inspected and tested before 
initial use to a proof load equal to 25 percent greater than its rated 
capacity. In addition,

[[Page 255]]

any spreader that suffers damage necessitating structural repair shall 
be inspected and retested after repair and before being returned to 
service.
    (iv) All cargo handling gear covered by this section with a SWL 
greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be 
proof load tested according to Table A of this section every 4 years in 
accordance with paragraph (b) of this section or by a designated person.
    (v) Certificates and inspection and test records attesting to the 
tests required by this section shall be available for inspection.
    (6) Wire rope and loose gear obtained after October 3, 1983, and 
used for material handling shall have been tested and certificated 
before being placed into use in accordance with the provisions of 
paragraphs (a), (c), and (d) of Sec. Sec.  1919.31 and 1919.32 through 
1919.34 of this chapter as applicable. Certificates attesting to the 
required tests, inspections and examinations shall be available.
    (d) Disassembly and reassembly of equipment does not require 
recertification of the equipment provided that the equipment is 
reassembled and used in a manner consistent with its certification.
    (e) For equipment certificated in accordance with paragraph (b)(2) 
of this section and transferred to a job site in another state, the 
current certification shall remain valid until the next inspection or 
examination becomes due.
    (f) Certification procedures shall not be construed as a substitute 
for, or cause for elimination of, normal operational inspection and 
maintenance routine throughout the year.
    (g)(1) Every unit of equipment requiring quadrennial certification 
shall have had such quadrennial certification within the previous 48 
months. Equipment requiring annual certification shall have had such 
annual certification within the previous 12 months, except that no 
annual certification is required within 12 months after any required 
quadrennial certification. Annual examinations for certification may be 
accomplished up to one month early without effect on subsequent due 
dates.
    (2) When certificated equipment is out of service for 6 months or 
more beyond the due date of a certification inspection, an examination 
equivalent to an initial certification, including unit proof load test, 
shall be performed before the equipment re-enters service.
    (h) Loose gear obtained after October 3, 1983 shall bear a legible 
mark indicating that it has been tested (see paragraph (c)(6) of this 
section). Single sheave blocks shall be marked with safe working loads 
and proof test loads. Marks relating to testing shall be identifiable on 
the related certificates, which shall be available.
    (i) Safe working load. (1) The safe working load of gear as 
specified in this section shall not be exceeded.
    (2) All cargo handling gear provided by the employer with a safe 
working load greater than five short tons (10,000 lbs. or 4.54 metric 
tons) shall have its safe working load plainly marked on it.
    (j) Exceptions: The certification requirements of this section do 
not apply to the following equipment:
    (1) Small industrial crane trucks as described on page 8 and 
illustrated on page 13 of ASME B56.1, 1959, ``Safety Code for Powered 
Industrial Trucks'', and powered industrial trucks;
    (2) Any straddle truck not capable of straddling two or more 
intermodal containers 16 feet (4.88 m) in width; and
    (3) Gear used only for handling or holding hoses, handling ship's 
stores or handling the gangway.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996; 62 FR 40200, July 25, 1997; 64 FR 61506, Nov. 
12, 1999; 65 FR 40940, June 30, 2000]



Sec.  1917.51  Hand tools.

    (a) Hand tools used by employees shall be maintained in safe 
operating condition.
    (b)(1) Hand-held portable electric tools shall be equipped with 
switches that must be manually held in a closed position to operate the 
tool.
    (2) Portable power-driven circular saws shall be equipped with 
guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum arc 
needed to permit the base to be tilted for bevel cuts. The lower guard 
shall cover the saw to the

[[Page 256]]

depth of the teeth, except for the minimum arc needed to allow proper 
retraction and contact with the work. When the tool is withdrawn from 
the work, the lower guard shall automatically and instantly return to 
the covering position.
    (c) Only cutting tools shall be used to cut metal strapping or 
banding used to secure cargo.



                     Subpart D_Specialized Terminals



Sec.  1917.70  General.

    The provisions of this subpart D shall apply to specialized 
terminals in addition to any other applicable requirements of this part.



Sec.  1917.71  Terminals handling intermodal containers or roll-on roll-off
operations.

    (a) Every intermodal container shall be legibly and permanently 
marked with:
    (1) The weight of the container when empty, in pounds;
    (2) The maximum cargo weight the container is designed to carry, in 
pounds; and
    (3) The sum of the weight of the container and the cargo, in pounds.
    (b) No container shall be hoisted by any crane or derrick unless the 
following conditions have been met:
    (1) The employer shall ascertain from the carrier whether a 
container to be hoisted is loaded or empty. Empty containers shall be 
identified before loading or discharge in such a manner as will inform 
every supervisor and foreman on the site and in charge of loading or 
discharging, or every crane or other hoisting equipment operator and 
signalman, if any, that such container is empty. Methods of 
identification may include cargo plans, manifests or markings on the 
container.
    (2) In the case of a loaded container:
    (i) The actual gross weight shall be plainly marked so as to be 
visible to the crane or other hoisting equipment operator or signalman, 
or to every supervisor and foreman on the site and in charge of the 
operation; or
    (ii) The cargo stowage plan or equivalent permanently recorded 
display serving the same purpose, containing the actual gross weight and 
the serial number or other positive identification of that specific 
container, shall be provided to the crane or other hoisting equipment 
operator and signalman, if any, and to every supervisor and foreman on 
the site and in charge of the operation.
    (3) Every outbound loaded container which is received at a marine 
terminal ready to load aboard a vessel without further consolidation or 
loading shall be weighed to obtain the actual gross weight, either at 
the terminal or elsewhere, before being hoisted.
    (4)(i) When container weighing scales are located at a marine 
terminal, any outbound container with a load consolidated at that 
terminal shall be weighed to obtain an actual weight before being 
hoisted.
    (ii) If the terminal has no scales, the actual gross weight may be 
calculated on the basis of the container's contents and the container's 
empty weight. The weights used in the calculation shall be posted 
conspicuously on the container, with the name of the person making the 
calculation and the date.
    (5) Open type vehicle carrying containers and those built 
specifically and used solely for the carriage of compressed gases are 
excepted from paragraphs (b)(3) and (b)(4) of this section.
    (6) Closed dry van containers carrying vehicles are exempted from 
paragraph (b)(4) of this section provided that:
    (i) The container carries only completely assembled vehicles and no 
other cargo;
    (ii) The container is marked on the outside in such a manner that an 
employee can readily discern that the container is carrying vehicles; 
and
    (iii) The vehicles were loaded into the container at the marine 
terminal.
    (7) The weight of loaded inbound containers from foreign ports shall 
be determined by weighing or by the method of calculation described in 
paragraph (b)(4)(ii) of this section or by shipping documents.
    (8) Any scale used within the United States to weigh containers for 
the purpose of the requirements of this section shall meet the accuracy 
standards of the state or local public authority in which the scale is 
located.

[[Page 257]]

    (c) No container or containers shall be hoisted if their actual 
gross weight exceeds the weight marked as required in paragraph (a)(2) 
of this section, or if it exceeds the capacity of the crane or other 
hoisting device intended to be used.
    (d)(1) Marked or designated areas shall be set aside within a 
container or roll-on roll-off terminal for passage of employees to and 
from active cargo transfer points, except where transportation to and 
from those points is provided by the employer.
    (2) The employer shall direct employees to stay clear of the area 
beneath a suspended container.
    (e) Each employee working in the immediate area of container 
handling equipment or in the terminal's traffic lanes shall wear a high 
visibility vest (or equivalent protection). \7\
---------------------------------------------------------------------------

    \7\ Decals on hard hats will not be considered equivalent protection 
for the purposes of this paragraph.

    Note to paragraph (e): High visibility vests or equivalent 
protection means high visibility/retro-reflective materials which are 
intended to make the user clearly visible by day through the use of high 
visibility (fluorescent) material and in the dark by vehicle headlights 
through the use of retro-reflective material. For example, an acceptable 
area of material for a vest or equivalent protection is .5 m\2\ (760 
in.\2\) for fluorescent (background) material and .13m\2\ (197 in.\2\) 
for retro-reflective material. Vests or equivalent protection, such as 
high visibility/retro-reflective coveralls, that are available for 
---------------------------------------------------------------------------
industrial use, may also be acceptable.

    (f) Containers shall be handled using lifting fittings or other 
arrangements suitable and intended for the purpose as set forth in 
paragraphs (f)(1) through (f)(4) of this section, unless damage to an 
intermodal container makes special means of handling necessary.
    (1) Loaded intermodal containers of 20 feet (6.1 m) or more in 
length shall be hoisted as follows:
    (i) When hoisting containers by the top fittings, the lifting forces 
shall be applied vertically from at least four such fittings. A less 
than vertical lift is permitted only under the following conditions:
    (A) The container being lifted is an ISO closed box container;
    (B) The condition of the box is sound;
    (C) The speed of hoisting and lowering is moderated when heavily 
ladened containers \8\ are encountered;
---------------------------------------------------------------------------

    \8\ A heavily laden container is one that is loaded to within 20 
percent of its rated capacity.
---------------------------------------------------------------------------

    (D) The lift angle is at 80 to 90 degrees;
    (E) The distance between the lifting beam and the load is at least 8 
feet and 2.4 inches (2.5 m); and
    (F) The length of the spreader beam is at least 16.3 feet (5 m) for 
a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot 
container.
    (ii) If hoisted from bottom fittings, the hoisting connections shall 
bear on the fittings only, making no other contact with the container. 
The angles of the four bridle legs shall not be less than 30[deg] to the 
horizontal in the case of 40 foot (12.2 m) containers, 37[deg] in the 
case of 30 foot (9.1 m) containers, and 45[deg] in the case of 20 foot 
(6.1 m) containers.
    (iii) Lifting containers by fork lift trucks or by grappling arms 
from above or from one side may be done only if the container is 
designed for this type of handling.
    (iv) Other means of hoisting may be used only if the containers and 
hoisting means are designed for such use.
    (2)(i) When using intermodal container spreaders that employ 
lanyards for activation of load disengagement, all possible precautions 
shall be taken to prevent accidental release of the load.
    (ii) Intermodal container spreader twistlock systems shall be 
designed and used so that a suspended load cannot accidentally be 
released.
    (3) Flat bed trucks or container chassis used to move intermodal 
containers shall be equipped with pins, flanges, or other means to 
prevent the container from shifting.
    (4) After July 27, 1998, flat bed, low boy trailers (mafis) and 
other similar equipment used to transport containers shall be marked 
with their cargo capacities and shall not be overloaded.
    (5) Each tractor shall have all brake air lines connected when 
pulling trailers equipped with air brakes and shall have the brakes 
tested before commencing operations.

[[Page 258]]

    (g)(1) Intermodal containers shall be inspected for defects in 
structural members or fittings before handling.
    (2) Any intermodal container found to be unsafe shall be identified 
as such, promptly removed from service and repaired before being 
returned to service.
    (h) Containers shall not be hoisted unless all engaged chassis twist 
locks are released.
    (i) Vertical tandem lifts. The following requirements apply to 
operations involving the lifting of two or more intermodal containers by 
the top container (vertical tandem lifts or VTLs). These requirements do 
not apply to operations involving the lifting of two or more 
interconnected platform containers.
    (1) Each employee involved in VTL operations shall be trained and 
competent in the safety-related work practices, safety procedures, and 
other requirements in this section that pertain to their respective job 
assignments.
    (2) No more than two intermodal containers may be lifted in a VTL.
    (3) Before the lift begins, the employer shall ensure that the two 
containers lifted as part of a VTL are empty.

    Note to paragraph (i)(3): The lift begins immediately following the 
end of the prelift required by paragraph (i)(5) of this section. Thus, 
the weight may be determined during the prelift using a load indicating 
device meeting Sec.  1917.46(a)(1)(i)(A) on the crane being used to lift 
the VTL.

    (4) The lift shall be performed using either a shore-based container 
gantry crane or another type of crane that:
    (i) Has the precision control necessary to restrain unintended 
rotation of the containers about any axis,
    (ii) Is capable of handling the load volume and wind sail potential 
of VTLs, and
    (iii) Is specifically designed to handle containers.
    (5) The employer shall ensure that the crane operator pauses the 
lift when the vertically coupled containers have just been lifted above 
the supporting surface to assure that each interbox connector is 
properly engaged.
    (6) Containers below deck may not be handled as a VTL.
    (7) VTL operations may not be conducted when the wind speed exceeds 
the lesser of:
    (i) 55 km/h (34 mph or 30 knots) or
    (ii) The crane manufacturer's recommendation for maximum wind speed.
    (8) The employer shall ensure that each interbox connector used in a 
VTL operation:
    (i) Automatically locks into corner castings on containers but only 
unlocks manually (manual twistlocks or latchlocks are not permitted);
    (ii) Is designed to indicate whether it is locked or unlocked when 
fitted into a corner casting;
    (iii) Locks and releases in an identical direction and manner as all 
other interbox connectors in the VTL;
    (iv) Has been tested and certificated by a competent authority 
authorized under Sec.  1918.11 of this chapter (for interbox connectors 
that are part of a vessel's gear) or Sec.  1917.50 (for other interbox 
connectors):
    (A) As having a load-bearing surface area of 800 mm\2\ when 
connected to a corner casting with an opening that is 65.0 mm wide; and
    (B) As having a safe working load of 98 kN (10,000 kg) with a safety 
factor of five when the load is applied by means of two corner castings 
with openings that are 65.0 mm wide or equivalent devices;
    (v) Has a certificate that is available for inspection and that 
attests that the interbox connector meets the strength criteria given in 
paragraph (i)(8)(iv) of this section; and
    (vi) Is clearly and durably marked with its safe working load for 
lifting and an identifying number or mark that will enable it to be 
associated with its test certificate.
    (9) The employer shall ensure that each container and interbox 
connector used in a VTL and each corner casting to which a connector 
will be coupled is inspected immediately before use in the VTL.
    (i) Each employee performing the inspection shall be capable of 
detecting defects or weaknesses and be able to assess their importance 
in relation to the safety of VTL operations.

[[Page 259]]

    (ii) The inspection of each interbox connector shall include: a 
visual examination for obvious structural defects, such as cracks; a 
check of its physical operation to determine that the lock is fully 
functional with adequate spring tension on each head; and a check for 
excessive corrosion and deterioration.
    (iii) The inspection of each container and each of its corner 
castings shall include: a visual examination for obvious structural 
defects, such as cracks; a check for excessive corrosion and 
deterioration; and a visual examination to ensure that the opening to 
which an interbox connector will be connected has not been enlarged, 
that the welds are in good condition, and that it is free from ice, mud 
or other debris.
    (iv) The employer shall establish a system to ensure that each 
defective or damaged interbox connector is removed from service.
    (v) An interbox connector that has been found to be defective or 
damaged shall be removed from service and may not be used in VTL 
operations until repaired.
    (vi) A container with a corner casting that exhibits any of the 
problems listed in paragraph (i)(9)(iii) of this section may not be 
lifted in a VTL.
    (vii) The requirements of paragraph (i)(9) of this section do not 
apply to ship-to-shore VTLs.
    (j) Transporting vertically coupled containers. (1) Equipment other 
than cranes used to transport vertically connected containers shall be 
either specifically designed for this application or evaluated by a 
qualified engineer and determined to be capable of operating safely in 
this mode of operation.
    (2) The employer shall develop, implement, and maintain a written 
plan for transporting vertically connected containers. The written plan 
shall establish procedures to ensure safe operating and turning speeds 
and shall address all conditions in the terminal that could affect the 
safety of VTL-related operations, including communication and 
coordination among all employees involved in these operations.
    (k) Safe work zone. The employer shall establish a safe work zone 
within which employees may not be present when vertically connected 
containers are in motion.
    (1) The safe work zone shall be sufficient to protect employees in 
the event that a container drops or overturns.
    (2) The written transport plan required by paragraph (j)(2) of this 
section shall include the safe work zone and procedures to ensure that 
employees are not in this zone when a VTL is in motion.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40200, July 25, 1997; 65 
FR 40940, June 30, 2000; 73 FR 75289, Dec. 10, 2008; 79 FR 22020, Apr. 
21, 2014]



Sec.  1917.73  Terminal facilities handling menhaden and similar species
of fish (see also Sec.  1917.2, definition of hazardous cargo, material,
substance or atmosphere).

    (a)(1) Tanks in terminal areas used for receiving or storing 
bailwater for recirculating into vessel holds in discharging operations 
shall be opened or ventilated to minimize contamination of water 
circulated to the vessel. Bailwater tanks shall be thoroughly drained 
upon completion of each day's operations and shall be left open to the 
air. Drainage is unnecessary when bailwater has been treated to remove 
hydrogen sulfide-producing contaminants and the efficiency of such 
treatment has been established by the employer.
    (2) Before employees enter a dock tank, it shall first be drained, 
rinsed and tested for hydrogen sulfide and oxygen deficiency. Employees 
shall not enter the tank when the hydrogen sulfide level exceeds 20 ppm 
or oxygen content is less than 19.5 percent, except in emergencies.
    (3) Tests shall be conducted by designated personnel with suitable 
test equipment and respiratory protective equipment complying with the 
provisions of Sec.  1910.134 of this chapter.
    (b) Pipelines and hoses on the dock or terminal used for receiving 
and circulating used bailwater shall be completely drained upon 
completion of each day's operation and left open to the air.
    (c) At least four units of respiratory protective equipment 
consisting of supplied-air respirators or self-contained breathing 
apparatus complying with

[[Page 260]]

the requirements of Sec.  1910.134 of this chapter shall be available in 
a suitably labeled cabinet for immediate use in case of emergency caused 
by oxygen deficiency or hydrogen sulfide. Any employee entering a tank 
in an emergency shall, in addition to respiratory protective equipment, 
wear a lifeline and safety harness to facilitate rescue. At least two 
other employees, similarly equipped, shall be continuously stationed 
outside the tank to observe and to provide rescue services.
    (d) The plant superintendent and foremen shall be trained and 
knowledgeable about the hazards of hydrogen sulfide and oxygen 
deficiency. They shall be trained in the use of appropriate respiratory 
and other protective equipment, and in rescue procedures. Other 
supervisory plant personnel shall be informed of these hazards and 
instructed in the necessary safety measures, including use of 
respiratory and rescue equipment.
    (e) Supervisory personnel shall be on hand at dockside to supervise 
discharging of bailwater from vessels.

[48 FR 30909, July 5, 1983, as amended at 65 FR 40940, June 30, 2000]



                      Subpart E_Personal Protection



Sec.  1917.91  Eye and face protection.

    (a)(1)(i) The employer shall ensure that each affected employee uses 
protective eye and face protection devices that comply with any of the 
following consensus standards:
    (A) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1917.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1917.3;
    or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1917.3;
    (ii) Protective eye and face protection devices that the employer 
demonstrates are at least as effective as protective eye and face 
protection devices that are constructed in accordance with one of the 
above consensus standards will be deemed to be in compliance with the 
requirements of this section.
    (2) For employees wearing corrective spectacles, eye protection 
equipment required by paragraph (a)(1) of this section must be of a type 
which can be worn over spectacles. Prescription ground safety lenses may 
be substituted if they provide equivalent protection.
    (3) For additional requirements covering eye protection against 
radiant energy, see Sec.  1917.152(h).
    (b) Eye protection equipment shall be maintained in good condition.
    (c) Used eye protection equipment shall be cleaned and disinfected 
before reissuance to another employee.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 74 
FR 46359, Sept. 9, 2009; 81 FR 16091, Mar. 25, 2016]



Sec.  1917.92  Respiratory protection.

    (See Sec.  1917.1(a)(2)(x)).

[65 FR 40941, June 30, 2000]



Sec.  1917.93  Head protection.

    (a) The employer shall ensure that each affected employee wears a 
protective helmet when working in areas where there is a potential for 
injury to the head from falling objects.
    (b)(1) The employer must ensure that head protection complies with 
any of the following consensus standards:
    (i) American National Standards Institute (ANSI) Z89.1-2009, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1917.3;
    (ii) American National Standards Institute (ANSI) Z89.1-2003, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1917.3; or
    (iii) American National Standards Institute (ANSI) Z89.1-1997, 
``American National Standard for Personnel Protection--Protective 
Headwear for Industrial Workers--Requirements,'' incorporated by 
reference in Sec.  1917.3.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head protection devices that are constructed in 
accordance

[[Page 261]]

with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.
    (c) Protective hats previously worn shall be cleaned and disinfected 
before issuance by the employer to another employee.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 74 
FR 46359, Sept. 9, 2009; 77 FR 37599, June 22, 2012]



Sec.  1917.94  Foot protection.

    (a) The employer shall ensure that each affected employee wears 
protective footwear when working in areas where there is a danger of 
foot injuries due to falling or rolling objects or objects piercing the 
sole.
    (b)(1) The employer must ensure that protective footwear complies 
with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,'' 
and ASTM F-2413-2005, ``Standard Specification for Performance 
Requirements for Protective Footwear,'' which are incorporated by 
reference in Sec.  1917.3;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1917.3; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1917.3.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

[62 FR 40201, July 25, 1997, as amended at 74 FR 46359, Sept. 9, 2009]



Sec.  1917.95  Other protective measures.

    (a) Protective clothing. (1) Employees performing work that requires 
special protective clothing shall be directed by the employer to wear 
the necessary special protective clothing.
    (2) When necessary, protective clothing previously worn shall be 
cleaned and disinfected before reissuance.
    (b) Personal flotation devices (PFDs). (1) The employer shall 
provide, and shall direct the wearing of PFDs for those employees, such 
as line handlers, who are engaged in work in which they may be pulled 
into the water:
    (i) When such employees are working in isolation, or
    (ii) Where physical limitations of available working space creates a 
hazard of falling into the water, or
    (iii) Where the work area is obstructed by cargo or other obstacles 
so as to prevent employees from obtaining safe footing for their work.
    (2) PFDs (life preservers, life jackets, or work vests) worn by each 
affected employee must be United States Coast Guard (USCG) approved 
pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for 
use as a work vest, for commercial use, or for use on vessels.
    (3) Personal flotation devices shall be maintained in safe condition 
and shall be considered unserviceable when damaged so as to affect 
buoyancy or fastening capability.
    (c) Emergency facilities. When employees are exposed to hazardous 
substances which may require emergency bathing, eye washing or other 
facilities, the employer shall provide such facilities and maintain them 
in good working order.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 
FR 40941, June 30, 2000]



Sec.  1917.96  Payment for protective equipment.

    (a) Except as provided by paragraphs (b) through (f) of this 
section, the protective equipment, including personal protective 
equipment (PPE), used to comply with this part, shall be provided by the 
employer at no cost to employees.
    (b) The employer is not required to pay for non-specialty safety-toe 
protective footwear (including steel-toe shoes or steel-toe boots) and 
non-specialty prescription safety eyewear, provided that the employer 
permits such items to be worn off the job-site.
    (c) When the employer provides metatarsal guards and allows the 
employee, at his or her request, to use shoes or boots with built-in 
metatarsal protection, the employer is not required to reimburse the 
employee for the shoes or boots.
    (d) The employer is not required to pay for:

[[Page 262]]

    (1) Everyday clothing, such as long-sleeve shirts, long pants, 
street shoes, and normal work boots; or
    (2) Ordinary clothing, skin creams, or other items, used solely for 
protection from weather, such as winter coats, jackets, gloves, parkas, 
rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
    (e) The employer must pay for replacement PPE, except when the 
employee has lost or intentionally damaged the PPE.
    (f) Where an employee provides adequate protective equipment he or 
she owns, the employer may allow the employee to use it and is not 
required to reimburse the employee for that equipment. The employer 
shall not require an employee to provide or pay for his or her own PPE, 
unless the PPE is excepted by paragraphs (b) through (e) of this 
section.
    (g) This section shall become effective on February 13, 2008. 
Employers must implement the PPE payment requirements no later than May 
15, 2008.

    Note to Sec.  1917.96: When the provisions of another OSHA standard 
specify whether or not the employer must pay for specific equipment, the 
payment provisions of that standard shall prevail.

[72 FR 64429, Nov. 15, 2007]



                      Subpart F_Terminal Facilities



Sec.  1917.111  Maintenance and load limits.

    (a) The structural integrity of docks, piers, wharves, terminals and 
working surfaces shall be maintained.
    (b) Maximum safe load limits, in pounds per square foot (kilograms 
per square meter), of floors elevated above ground level, and pier 
structures over the water shall be conspicuously posted in all cargo 
areas.
    (c) Maximum safe load limits shall not be exceeded.
    (d) All walking and working surfaces in the terminal area shall be 
maintained in good repair.



Sec.  1917.112  Guarding of edges.

    (a) Vehicle protection. (1) Vehicle curbs, bull rails, or other 
effective barriers at least six inches (15.24 cm) in height shall be 
provided at the waterside edges of aprons and bulkheads, except where 
vehicles are prohibited. Curbs or bull rails installed after October 3, 
1983, shall be at least 10 inches (25.4 cm) in height.
    (2) The provisions of paragraph (a)(1) of this section also apply at 
the edge of any fixed level above the common floor area from which 
vehicles may fall, except at loading docks, platforms and skids where 
cargo is moved by vehicles.
    (b) Employee protection. (1) Guardrails shall be provided at 
locations where employees are exposed to floor or wall openings or 
waterside edges, including bridges or gangway-like structures leading to 
pilings or vessel mooring or berthing installations, which present a 
hazard of falling more than 4 feet (1.22 m) or into the water, except as 
specified in paragraph (b)(2) of this section.
    (2) Guardrails are not required:
    (i) At loading platforms and docks;
    (ii) At waterside edges used for cargo handling;
    (iii) On the working sides of work platforms, skids or similar 
workplaces; or
    (iv) On railroad rolling stock, highway vehicles, intermodal 
containers or similar equipment.
    (3) Where guardrails are impracticable due to machinery requirements 
or work processes, an alternate means of protecting employees from 
falling, such as nets, shall be used.
    (c) Criteria for guardrails. Guardrails shall meet the following 
criteria:
    (1) They shall be capable of withstanding a force of at least 200 
pounds (890 N) applied in any direction at mid-span of the top rail 
(when used), or at the uppermost point if there is no top rail.
    (2) If not of solid baluster, grillwork, slatted or similar 
construction, guardrails shall consist of top rails and midrails. 
Midrails, when used, shall be positioned at approximately half the 
height of the top rail.
    (3) The top surface of guardrails installed before October 3, 1983, 
shall be at least 36 inches (0.91 m) high. Those installed after October 
3, 1983, shall be 42 inches (1.07 m), plus or minus 2 inches (5.1 cm), 
high.

[[Page 263]]

    (4) Any non-rigid railing such as chain or wire rope shall have a 
maximum sag limit at the mid-point between posts of not more than 6 
inches (15.24 cm).
    (5) Top rails shall be free of puncture and laceration hazards.
    (6) Rail ends shall not overhang to constitute a hazard, but this 
does not prohibit scrollwork, boxed ends or similar non-hazardous 
projections.
    (d) Toeboards. Toeboards shall be provided when employees below 
could be exposed to falling objects such as tools. Toeboards shall be at 
least 3\1/2\ inches (8.9 cm) in height from top edge to floor level, and 
be capable of withstanding a force of 50 pounds (222 N) applied in any 
direction. Drainage clearance under toeboards is permitted.
    (e) Stair railings. Stair railings shall be capable of withstanding 
a force of at least 200 pounds (890 N) applied in any direction, and 
shall not be more than 36 inches (0.91 m) nor less than 32 inches (0.81 
m) in height from the upper top rail surface to the tread surface in 
line with the leading edge of the tread. Railings and midrails shall be 
provided at any stairway having four or more risers, as follows:
    (1) For stairways less than 44 inches (1.12 m) wide, at least one 
railing; and
    (2) For stairways more than 44 inches (1.12 m) but less than 88 
inches (2.24 m) wide, a stair rail or handrail on each side, and if 88 
or more inches wide, an additional intermediate handrail.
    (f) Condition. Railings shall be maintained free of sharp edges and 
in good repair.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 
FR 40941, June 30, 2000]



Sec.  1917.113  Clearance heights.

    Clearance heights shall be prominently posted where the height is 
insufficient for vehicles and equipment.



Sec.  1917.114  Cargo doors.

    (a) Mechanically operated. (1) Cargo door counterweights shall be 
guarded.
    (2) Lift trucks and cranes shall not be used to move mechanically 
operated doors except when necessary during repair on the doors, in 
which case ropes or other guarding shall be provided to prevent entry 
into the area where the door may fall or slide.
    (3) Vertically operated doors partially opened for work or 
ventilation shall be secured to prevent accidental closing.
    (b) Tackle operated. (1) The door shall be connected to its lifting 
tackle with shackles or equally secure means.
    (2) Lifting bridles and tackles shall have a safety factor of five, 
based upon maximum anticipated static loading conditions.
    (3) Devices shall be provided to hold overhead doors in the open 
position and to secure them when closed.
    (4) Lifting gear and hardware shall be maintained in safe condition.
    (5) Lifting ropes, when used, shall be placed out of the work area 
and off the floor.
    (c) Horizontal sliding. (1) Horizontal sliding door rollers shall be 
constructed to prevent the door from jumping from overhead tracks.
    (2) Sliding doors shall be secured to prevent them from swinging.



Sec.  1917.115  Platforms and skids.

    (a) Platforms and skids extending from piers, transit sheds or lofts 
and used for landing or hooking on drafts shall be provided at the open 
sides with guardrails meeting the requirements of Sec.  1917.112(c) or 
alternate means, such as nets, to protect employees against falls.
    (b) Any employee working below a second-story platform or skid shall 
be protected from falling objects by a net stretched from the platform 
or skid to the vessel.
    (c) Platforms and skids shall be strong enough to bear the loads 
handled and shall be maintained in safe condition. Safe working loads, 
which shall be posted or marked on or adjacent to platforms and skids, 
shall have a minimum safety factor of five for any part, based upon 
maximum anticipated static loading conditions and the ultimate strength 
of the construction material.
    (d) The employer shall provide and maintain platform and skid 
attachments that will prevent accidental movement of the skid or 
platform.

[[Page 264]]



Sec.  1917.116  Elevators and escalators.

    (a) ``Elevator'' means a permanent hoisting and lowering mechanism 
with a car or platform moving vertically in guides and serving two or 
more floors of a structure. The term excludes such devices as conveyors, 
tiering or piling machines, material hoists, skip or furnace hoists, 
wharf ramps, lift bridges, car lifts and dumpers.
    (b) ``Escalator'' means a power-driven continuous moving stairway 
principally intended for the use of persons.
    (c) No elevator or escalator with a defect which affects safety 
shall be used.
    (d) Elevator safety devices shall not be overridden or made 
inoperable.
    (e) Elevators and escalators shall be thoroughly inspected at 
intervals not exceeding one year. Additional monthly inspections for 
satisfactory operation shall be conducted by designated persons. Records 
of the results of the latest annual elevator inspections shall be posted 
in elevators. Records of annual escalator inspections shall be posted in 
the vicinity of the escalator or be available at the terminal.
    (f) Elevator landing openings shall be provided with doors, gates or 
equivalent protection which shall be in place when the elevator is not 
at that landing, to prevent employees from falling into the shaft.
    (g) The elevator's or escalator's maximum load limits shall be 
posted and not exceeded. Elevator load limits shall be posted 
conspicuously both inside and outside of the car.
    (h) Elevators shall be operated only by designated persons except 
for automatic or door interlocking elevators which provide full shaft 
door closing and automatic car leveling.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996]



Sec.  1917.117  Manlifts.

    (a) Inspection. Manlifts shall be inspected monthly by a designated 
person. Safety switches shall be checked weekly. Manlifts found to be 
unsafe shall not be operated until repaired. Inspections shall include 
at least the following:
    (1) Step fastenings;
    (2) Rails;
    (3) Rail supports and fastenings;
    (4) Roller and slides;
    (5) Belt and belt tension;
    (6) Handholds and fastenings;
    (7) Floor landings;
    (8) Guardrails;
    (9) Lubrication;
    (10) Safety switches;
    (11) Warning signs and lights;
    (12) Illumination;
    (13) Drive pulley;
    (14) Bottom (boot) pulley and clearance;
    (15) Pulley supports;
    (16) Motor;
    (17) Drive mechanism;
    (18) Brake;
    (19) Electrical switches;
    (20) Vibration and misalignment;
    (21) ``Skip'' on up or down run when mounting the step (indicating 
worn gears); and
    (22) Emergency exit ladders.
    (b) Inspection records. Inspection records shall be kept for at 
least one year. The record of the most recent inspection shall be posted 
in the vicinity of the manlift or in the terminal.
    (c) Emergency stop. An emergency stop device shall be available 
within easy reach from any position on the belt.
    (d) Instructions. Manlift use instructions shall be conspicuously 
posted.
    (e) Top floor warning sign and light. An illuminated sign and red 
light that are visible to the user shall be provided under the top floor 
opening of the manlift to warn the user to get off at that floor.
    (f) Bottom floor warning sign. A sign visible to descending 
passengers shall be provided to warn them to get off at the bottom 
floor.
    (g) Upper limit stop. An automatic stop device shall be provided to 
stop the manlift when a loaded step passes the top landing, except that 
manlifts installed after October 3, 1983 shall have two such devices.
    (h) Handholds and steps. Each step shall be provided with a 
corresponding handhold.
    (i) Emergency ladder. A fixed emergency ladder accessible from any 
position on the lift and in accordance with the requirements of Sec.  
1917.118(d) shall be provided for the entire run of the manlift.

[[Page 265]]

    (j) Landings. (1) Clear and unobstructed landing spaces shall be 
provided at each level. Manlifts constructed after October 3, 1983 and 
that have a distance of 50 feet (15.24 m) or more between floor landings 
shall have an emergency landing every 25 feet (7.62 m) or less of 
manlift travel.
    (2) Open sides of emergency landings shall be protected by 
guardrails.
    (3) Floor landing entrances and exits shall be guarded by mazes, 
self-closing gates, or equivalent devices.
    (4) Landings shall be of sufficient size and strength to support 250 
pounds (1,112 N).
    (k) Floor opening guards. The ascending sides of manlift floor 
openings shall be provided with cones or bevel guards to direct the user 
through the openings.
    (l) Maintenance. Manlifts shall be equipped, maintained, and used in 
accordance with the manufacturer's specifications, which shall be 
available at the terminal.
    (m) Bottom pulley. (1) The lower pulley shall be supported by the 
lowest landing.
    (2) Sides of the bottom pulley support shall be guarded to prevent 
contact with the pulley or the steps.
    (n) Top clearance. A clearance of at least 11 feet (3.35 m) shall be 
provided between the top landing and the ceiling.
    (o) Brakes. Manlifts shall be equipped with brakes that are:
    (1) Self-engaging;
    (2) Electrically released; and
    (3) Capable of stopping and holding the manlift when the descending 
side is loaded with the maximum rated load.

[48 FR 30909, July 5, 1983, as amended at 65 FR 40941, June 30, 2000]



Sec.  1917.118  Fixed ladders.

    (a) Scope and applicability. This section applies to all fixed 
ladders except:
    (1) Ladders forming an integral part of railway cars, highway 
carriers, cargo containers or other transportation carrier equipment;
    (2) Climbing devices such as step bolts or structural members of 
tanks and towers;
    (3) Ladders built into or vertically attached to tubular scaffold 
framing; and
    (4) Ladders used only for fire-fighting or emergency purposes.
    (b) Definitions--(1) Cage (basket guard) means a barrier enclosing 
or nearly enclosing a ladder's climbing space and fastened to one or 
both of the ladder's side rails or to another structure.
    (2) Fixed ladder means a ladder, including individual rung ladders, 
permanently attached to a structure, building or piece of equipment.
    (3) Ladder safety device means a support system limiting an 
employee's drop or fall from the ladder, and which may incorporate 
friction brakes, lifelines and lanyards, or sliding attachments.
    (4) Well means a permanent complete enclosure around a fixed ladder, 
which is attached to the walls of the well.
    (c) Defects. (1) Ladders with broken, split or missing rungs, steps 
or rails, broken welds or connections, corrosion or wastage or other 
defect which may affect safe use shall be removed from service.
    (2) Ladder repairs shall provide strength at least equivalent to 
that of the original ladder.
    (d) Ladder specifications. (1)(i) Ladders installed before October 
3, 1983, shall be capable of withstanding without damage a minimum 
concentrated load, applied uniformly over a 3\1/2\ inch (8.9 cm) width 
at the rung center, of 200 pounds (890 N).
    (ii) Ladders installed after October 3, 1983 shall be capable of 
withstanding 250 pounds (1,112 N) applied as described in paragraph 
(d)(1)(i) of this section. If used by more than one employee 
simultaneously, the ladder as a unit shall be capable of simultaneous 
additional loading in 250 pound (1,112 N) increments for each additional 
employee, applied to a corresponding number of rungs. The unit shall 
have a safety factor of four (4), based on ultimate strength, in the 
designed service.
    (2)(i) Ladders installed before October 3, 1983, shall have rungs 
evenly spaced from nine to 16\1/2\ inches (22.9 to 41.9 cm) apart, 
center to center.
    (ii) Ladders installed after October 3, 1983 shall have rungs evenly 
spaced from 122 inches (30.55.08 cm) apart, center to center.

[[Page 266]]

    (3)(i) Ladders installed before October 3, 1983 shall have a width 
between side rails of at least 10 inches (25.4 cm).
    (ii) Ladders installed after October 3, 1983 shall have a width 
between side rails of at least 12 inches (30.48 cm).
    (4) The minimum distance between the rung center line and the 
nearest permanent object behind the rung shall be 4 inches (10.16 cm), 
except that in ladders installed after October 3, 1983, the minimum 
distance shall be 7 inches (17.78 cm) unless physical limitations make a 
lesser distance, not less than 4\1/2\ inches (11.43 cm), necessary.
    (5) When a ladder passes through an opening or past overhead 
obstructions, a minimum 24 inch (.61 m) clearance shall exist between 
the climbing side and any obstruction. Where this distance is less than 
30 inches (0.76 m), a deflection device shall be installed for guidance 
through the opening.
    (6) The side rails of ladders shall extend at least 36 inches (0.91 
m) above the top landing surface, unless grab bars or equivalent holds 
are provided.
    (7) Ladders whose pitch exceeds 90[deg] to the horizontal (slanting 
backward on the climbing side) shall not be used.
    (e) Protection against falls. (1) Fixed ladders more than 20 feet 
(6.1 m) in height shall be provided with a cage, well, or ladder safety 
device.
    (2) When a well or cage is used, ladders with length of climb 
exceeding 30 feet (9.14 m) shall comply with the following provisions:
    (i) The ladder shall consist of multiple sections not exceeding 30 
feet (9.14 m) each;
    (ii) Each section shall be horizontally offset from adjacent 
sections, except as specified in paragraph (e)(2)(iv) of this section, 
and
    (iii) A landing platform capable of supporting a load of 100 pounds 
per square foot (4.79 kPa) and fitted with guardrails complying with 
Sec. 1917.112(c) shall be provided at least every 30 feet (9.14 m), 
except as specified in paragraph (e)(2)(iv) of this section.
    (iv) For ladders installed after October 3, 1983, offset sections 
and landing platforms are not required if hinged platforms capable of 
supporting 100 pounds per square foot (4.79 kPa), and which are kept 
closed except when opened for passage, are within the cage or well at 
intervals not exceeding 30 feet (9.14 m).
    (3) Ladders equipped with ladder safety devices shall have rest 
platforms;
    (i) Capable of supporting a load of 100 pounds per square foot (4.79 
kPa);
    (ii) Located at intervals of 150 feet (45.7 m) or less; and
    (iii) Protected by guardrails complying with Sec.  1917.112(c) of 
three sides.
    (4) Where used, ladder safety devices shall:
    (i) Be installed and maintained in accordance with the 
manufacturer's instructions, which shall be available for inspection;
    (ii) Be repaired only with replacement parts having performance 
capability at least equal to that of the original parts;
    (iii) Have a connection length between carrier centerlines and 
safety belts of 102 inches (25.45.08 cm); and
    (iv) Be installed in a manner that does not reduce the ladder's 
structural capability.
    (5) Ladder cages or wells shall:
    (i) Be of rigid construction that allows unobstructed use but 
prevents an employee from falling through or dislodging the cage or well 
by falling against it;
    (ii) Have smooth inner surfaces;
    (iii) Extend at least 36 inches (0.91m) above landings; and
    (iv) Extend to within 8 feet (2.44 m) above the ground or base, 
except that a maximum of 20 feet (6.1 m) is permitted where the cage or 
well would extend into traffic lanes.
    (6) Ladders installed after (effective date of standard) on radio, 
microwave communications, electrical power and similar towers, poles and 
structures, including stacks and chimneys, shall meet the requirements 
of this paragraph (e).
    (f) Individual rung ladders. Ladders consisting of individual rungs 
that are attached to walls, conical manhole sections or river cells 
shall:
    (1) Be capable of supporting a load of 350 pounds (1557 N) without 
deformation;
    (2) Form a continuous ladder, uniformly spaced vertically from 12 
inches to 16 inches (30.5 to 40.6 cm) apart, with a minimum width of 10 
inches (25.4 cm)

[[Page 267]]

and projecting at least 4\1/2\ inches (11.43 cm) from the wall;
    (3) Be so constructed that an employee's foot cannot slide off the 
ends; and
    (4) Be firmly attached and without sharp edges.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 
FR 40941, June 30, 2000]



Sec.  1917.119  Portable ladders.

    (a) Scope and applicability. This section applies to all portable 
ladders, including job-made ladders for temporary use, unless otherwise 
specified.
    (b) Standards for existing manufactured portable ladders. (1) Rungs 
of manufactured portable ladders obtained before October 3, 1983, shall 
be capable of supporting a 200-pound (890 N) load without deformation.
    (2) Rungs shall be evenly spaced from 9 to 16\1/2\ inches (22.9 to 
41.9 cm), center to center.
    (3) Rungs shall be continuous members between rails. Each rung of a 
double-rung ladder (two side rails and a center rail) shall extend the 
full width of the ladder.
    (4) Width between side rails at the base of the ladder shall be at 
least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in 
overall length, and shall increase at least \1/4\ inch (0.64 cm) for 
each additional 2 feet (0.61 m) of ladder length.
    (c) Standards for manufactured portable ladders. Portable 
manufactured ladders obtained after January 21, 1998 shall bear 
identification indicating that they meet the appropriate ladder 
construction requirements of the following standards:

ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders
ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders
ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic 
    Ladders

    (d) Standards for job-made portable ladders. Job-made ladders shall:
    (1) Have a minimum and uniform distance between rungs of 12 inches 
(30.48 cm), center to center;
    (2) Are capable of supporting a 250-pound (1,112 N) load without 
deformation; and
    (3) Have a minimum width between side rails of 12 inches (30.48 cm) 
for ladders 10 feet (3.05 m) in height. Width between rails shall 
increase at least \1/4\ inch (0.64 cm) for each additional 2 feet (0.61 
m) of ladder length.
    (e) Maintenance and inspection. (1) The employer shall maintain 
portable ladders in safe condition. Ladders with the following defects 
shall not be used and either shall be tagged as unusable if kept on the 
premises or shall be removed from the worksite:
    (i) Broken, split or missing rungs, cleats or steps;
    (ii) Broken or split side rails;
    (iii) Missing or loose bolts, rivets or fastenings;
    (iv) Defective ropes; or
    (v) Any other structural defect.
    (2) Ladders shall be inspected for defects prior to each day's use, 
and after any occurrence, such as a fall, which could damage the ladder.
    (f) Ladder usage. (1) Ladders made by fastening rungs or devices 
across a single rail are prohibited.
    (2) Ladders shall not be used:
    (i) As guys, braces or skids; or
    (ii) As platforms, runways or scaffolds.
    (3) Metal and wire-reinforced ladders with wooden side rails shall 
not be used when employees on the ladder might come into contact with 
energized electrical conductors.
    (4) Individual sections from different multi-sectional ladders or 
two or more single straight ladders shall not be tied or fastened 
together to achieve additional length.
    (5) Except for combination ladders, self-supporting ladders shall 
not be used as single straight ladders.
    (6) Unless intended for cantilever operation, non-self-supporting 
ladders shall not be used to climb above the top support point.
    (7) Ladders shall extend at least 36 inches (0.91 m) above the upper 
support level if employees are to leave or mount the ladder at that 
level, except that where such extension is impractical other equivalent 
means such as grab bars may be used to provide a hand grip.
    (8) Ladders shall be securely positioned on a level and firm base.

[[Page 268]]

    (9) Ladders shall be fitted with slip-resistant bases and secured at 
top or bottom to prevent the ladder from slipping.
    (10) The employer shall direct that ladders shall be placed so that 
employees climbing are not exposed to injury from projecting objects or 
doors that open toward the ladder.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 
FR 40941, June 30, 2000]



Sec.  1917.120  Fixed stairways.

    (a) Definition. ``Fixed stairway'' means interior and exterior 
stairs serving machinery, tanks and equipment, and stairs to or from 
floors, platforms or pits. The term does not apply to stairs intended 
only for fire exit purposes, to articulated stairs (the angle of which 
changes with the rise and fall of the base support) or to stairs forming 
an intergral part of machinery.
    (b) New installations. (1) Fixed stairs installed after October 3, 
1983 shall be positioned within the range of 30 degrees to 50 degrees to 
the horizontal with uniform riser height and tread width throughout each 
run and be capable of a minimum loading of 100 pounds per square foot 
(445 N) and a minimum concentrated load of 300 pounds (1,334 N) at the 
center of any treadspan. Riser height shall be from 6 to 7.5 inches 
(15.24 to 19.05 cm), stair width a minimum of 22 inches (55.88 cm) 
between vertical barriers, tread depth a minimum of 122 inches (30.485.08 cm), and tread 
nosing shall be straight leading edges.
    (2) Stair landings shall be at least 20 inches (50.8 cm) in depth. 
Where doors or gates open on a stairway, a landing platform shall be 
provided. Door swing shall not reduce effective standing area on the 
landing to less than 18 inches (45.72 cm) in depth.
    (3) Fixed stairs having four or more risers shall have stair 
railings or handrails complying with Sec.  1917.112(c)(1).
    (4) Railing height from tread surface at the riser face shall be 
333 inches (83.82 cm 7.62 
cm).
    (5) Restricted areas. When physical features require stairs steeper 
than those provided for by paragraph (b)(1) of this section, stairs at 
angles of 50[deg] to 75[deg] from the horizontal may be used if they:
    (i) Are capable of a single concentrated load of 200 pounds (890 N) 
at the tread centers;
    (ii) Have open treads at least 4 inches (10.16 cm) in depth and 18 
inches (45.72 cm) in width with a uniformly spaced vertical rise between 
treads of 6 to 9.5 inches (15.24 to 24.13 cm); and
    (iii) Have handrails that meet the requirements of Sec.  
1917.112(c)(1) on both sides and that are not less than 30 inches (76.2 
cm) in height from the tread surface at the riser face.
    (6) Maintenance. Fixed stairways shall be maintained in safe 
condition and shall not be obstructed.

[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]



Sec.  1917.121  Spiral stairways.

    (a) Definition. ``Spiral stairway'' means one with closed circular 
form, uniform sector-shaped treads and a supporting column.
    (b) Requirements. Spiral stairways shall meet the following 
requirements:
    (1) Stairways shall conform to the minimum dimensions of Figure F-1;
    [GRAPHIC] [TIFF OMITTED] TC21OC91.020
    

                   Spiral Stairway--Minimum Dimensions
------------------------------------------------------------------------
                                     A (half-tread
                                        width)                 B
------------------------------------------------------------------------
Normal use by employees.........  11 inches (27.94    6 inches (15.24
                                   cm).                cm).
Limited access..................  9 inches (22.86     5 inches (12.7
                                   cm).                cm).
------------------------------------------------------------------------

    (2) Stairway risers shall be uniform and shall range from 6\1/2\ to 
10\1/2\ inches (16.5 to 26.67 cm) in height;

[[Page 269]]

    (3) Minimum loading capability shall be 100 pounds per square foot 
(4.79kN), and minimum tread center concentrated loading shall be 300 
pounds (1334 N);
    (4) Railings shall conform to the requirements of Sec.  
1917.112(c)(1). If balusters are used, there shall be a minimum of one 
per tread. Handrails shall be a minimum of 1\1/4\ inches (3.18 cm) in 
outside diameter; and
    (5) Vertical clearance shall be at least 6 feet, 6 inches (1.98 m) 
above the top step.
    (c) Maintenance. Spiral stairways shall be maintained in safe 
condition.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 
FR 40942, June 30, 2000]



Sec.  1917.122  Employee exits.

    (a) Employee exits shall be clearly marked.
    (b) If an employee exit is not visible from employees' work 
stations, directional signs indicating routes to the exit shall be 
posted.
    (c) Exits shall be readily accessible and sufficient in number to 
provide employees with a convenient means of escape in emergencies. A 
clear passage to the exit shall be maintained.
    (d) The minimum width of any employee exit shall be 28 inches (71.12 
cm).

[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]



Sec.  1917.123  Illumination. \9\
---------------------------------------------------------------------------

    \9\ The United States Coast Guard, at 33 CFR 126.15(1) and (n), and 
33 CFR 154.570 sets out requirements for illumination at ``designated 
waterfront facilities'' and ``large oil transfer facilities.''
---------------------------------------------------------------------------

    (a) Working and walking areas shall be illuminated. Unless 
conditions described in the regulations of the United States Coast Guard 
(33 CFR 126.15(1) and (n), and 33 CFR 154.570) exist in the case of 
specific operations, illumination in active work areas (for example, 
cargo transfer points) shall be of an average minimum light intensity of 
5 foot-candles. The illumination in other work areas (for example, farm 
areas) shall be of an average minimum light intensity of 1 foot-candle 
except for security purposes when a minimum light intensity of \1/2\ 
foot-candle shall be maintained. Where occasional work tasks require 
more light than that which is consistently and permanently provided, 
supplemental lighting shall be used.
    (b) The lighting intensity shall be measured at the task/working 
surface, in the plane in which the task/working surface is present.
    (c) Lights shall, so far as possible, be placed so that they will 
not shine in the eyes of employees.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997]



Sec.  1917.124  Dockboards (car and bridge plates).

    (a) General. The employer shall provide safe means of passage 
between different surface levels and across openings.
    (b) [Reserved]
    (c) Dockboards (car and bridge plates). (1) Dockboards shall be 
strong enough to support the loads imposed on them.
    (2) Portable dockboards shall be anchored in position or be equipped 
with devices to prevent their movement.
    (3) Hand holds or other effective means shall be provided on 
portable dockboards to permit safe handling.
    (4) Positive means shall be used to prevent railcars or highway 
vehicles from being moved while dockboards or bridge plates are in 
position.
    (5) Be designed, constructed, and maintained to prevent vehicles 
from running off the edge. \10\
---------------------------------------------------------------------------

    \10\ When the gap to be bridged to greater than 36 inches (.91 m), 
an acceptable means of preventing vehicles from running off the edge is 
a minimum side board height of two and three-quarter inches.
---------------------------------------------------------------------------

    (6) Dockboards shall be well maintained.
    (d) Ramps. (1) Ramps shall be strong enough to support the loads 
imposed on them and be designed, constructed, and maintained to prevent 
vehicles from running off the edge. \11\
---------------------------------------------------------------------------

    \11\ When the gap to be bridged is greater than 36 inches (.91 m), 
an acceptable means of preventing vehicles from running off the edge is 
a minumum side board height of two and three-quarter inches.
---------------------------------------------------------------------------

    (2) Ramps shall be equipped with a guardrail meeting the requirement 
of Sec.  1917.112(c)(1) if the slope is more than

[[Page 270]]

20 degrees to the horizontal or if employees could fall more than 4 feet 
(1.22 m).
    (3) Ramps shall have slip-resistant surfaces.
    (4) When necessary to prevent displacement by vehicle wheels, steel 
plates or similar devices used to temporarily bridge or cover uneven 
surfaces or tracks, shall be anchored.
    (5) Ramps shall be well maintained.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 
FR 40942, June 30, 2000]



Sec.  1917.125  Guarding temporary hazards.

    Ditches, pits, excavations and surfaces in poor repair shall be 
guarded by readily visible barricades, rails or other equally effective 
means.



Sec.  1917.126  River banks.

    (a) This section applies to temporary installations or temporary 
operations near a river bank.
    (b) Where working surfaces at river banks slope so steeply that an 
employee could slip or fall into the water, the outer perimeter of the 
working surface shall be protected by posting or other portable 
protection such as roping off. In these situations, employees must wear 
a personal flotation device meeting the requirements of Sec.  
1917.95(b).

[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997]



Sec.  1917.127  Sanitation.

    (a) Washing and toilet facilities. (1) The employer shall provide 
accessible washing and toilet facilities sufficient for the sanitary 
requirements of employees. The facilities shall have:
    (i) Running water, including hot and cold or tepid water at a 
minimum of one accessible location (when cargo handling is conducted at 
locations without permanent facilities, potable water may be provided in 
lieu of running water);
    (ii) Soap;
    (iii) Individual hand towels, clean individual sections of 
continuous toweling, or air blowers; and
    (iv) Fixed or portable toilets in separate compartments with latch-
equipped doors. Separate toilet facilities shall be provided for male 
and female employees except when toilet rooms will be occupied by only 
one person at a time.
    (2) Washing and toilet facilities shall be regularly cleaned and 
maintained in good order.
    (b) Drinking water. (1) Potable drinking water shall be accessible 
to employees at all times.
    (2) Potable drinking water containers shall be clean, containing 
only water and ice, and shall be fitted with covers.
    (3) Common drinking cups are prohibited.
    (c) Prohibited eating areas. Consumption of food or beverages in 
areas where hazardous materials are being stored or handled shall be 
prohibited.
    (d) Garbage and overboard discharges. Work shall not be conducted in 
the immediate vicinity of uncovered garbage or in the way of overboard 
discharges from the vessel's sanitary lines unless employees are 
protected from the garbage or discharge by a baffle or splash boards.

[48 FR 30909, July 5, 1983,, as amended at 76 FR 33610, June 8, 2011]



Sec.  1917.128  Signs and marking.

    (a) General. Signs required by this part shall be clearly worded and 
legible, and shall contain a key word or legend indicating the reason 
for the sign.
    (1) Key words are such words as Danger, Warning, Caution.
    (2) Legends are more specific explanations such as High Voltage, 
Close Clearance, Pedestrian Crossing.
    (b) Specific. Every marine terminal shall have conspicuously posted 
signs as follows:
    (1) Locations of first aid facilities;
    (2) Locations of telephones;
    (3) Telephone numbers of the closest ambulance service, hospital or 
other source of medical attention, police, fire department, and 
emergency squad (if any); and
    (4) Locations of firefighting and emergency equipment and fire 
exits.

[[Page 271]]



           Subpart G_Related Terminal Operations and Equipment



Sec.  1917.151  Machine guarding.

    (a) Definition. ``Guarded'' means shielded, fenced, or enclosed by 
covers, casings, shields, troughs, spillways or railings, or guarded by 
position or location. Examples of guarding methods are guarding by 
location (positioning hazards so they are inaccessible to employees) and 
point of operation guarding (using barrier guards, two-hand tripping 
devices, electronic safety devices, or other such devices).
    (b) General. (1) Danger zones on machines and equipment used by 
employees shall be guarded.
    (2) Where chips and dust produced by machine operation may result in 
a hazard to the operator, the machinery shall be equipped with an 
effective exhaust system at the point of origin, or other equally 
effective means shall be provided to protect the operator.
    (3) Fixed machinery shall be secured to prevent shifting.
    (4) A power cut-off device for machinery and equipment shall be 
provided at the operator's working position.
    (5) Machines driven by belts and shafting shall be fitted with a 
belt-locking or equivalent protective device if the belt can be shifted.
    (6) In operations where injury to the operator might result if 
motors were to restart after power failures, provisions shall be made to 
prevent machines from automatically restarting upon restoration of 
power.
    (7) The power supply to machines shall be turned off, locked out, 
and tagged out during repair, adjustment, or servicing.
    (8) Machines shall be maintained in a safe working condition.
    (9) Only designated employees shall maintain or repair machinery and 
equipment.
    (10) Machines with defects that affect the safety of operation shall 
not be used.
    (c) Hand-fed circular ripsaws and hand-fed circular crosscut table 
saws. Unless fixed or manually adjustable enclosures or guarding 
provides equivalent protection, hand-fed circular ripsaws and hand-fed 
circular crosscut table saws shall be guarded as follows to keep 
employees clear of any danger zones:
    (1) They shall be equipped with hoods completely enclosing those 
portions of the saw above the table and the material being cut;
    (2) They shall have spreaders to prevent material from squeezing the 
saw. Spreaders shall be in true alignment with the saw. Spreaders may be 
removed only during grooving, dadoing, or rabbeting operations, and 
shall be replaced at the completion of such operations; and
    (3) They shall have non-kickback fingers or dogs to oppose the 
tendency of the saw to pick up material or throw material toward the 
operator.
    (d) Swing cutoff saws. (1) Swing cutoff saws shall have hoods 
completely enclosing the upper half of the saw, the arbor end and the 
point of operation at all saw positions to protect the operator from 
material thrown up by the saw. The hood shall automatically cover the 
lower portion of the blade, so that when the saw returns to the back of 
the table the hood rises on top of the fence, and when the saw is moved 
forward the hood drops on top, remaining in contact with the table or 
the material.
    (2) Swing cutoff saws shall have a device to return the saw 
automatically to the back of the table without rebound. The device shall 
not be dependent upon rope, cord or springs.
    (3) Devices shall be provided to prevent saws from swinging beyond 
the front or back edges of the table.
    (4) Inverted swing cutoff saws shall have hoods covering the part of 
the saw protruding above the table top or the material being cut. Hoods 
shall automatically adjust to the thickness of, and remain in contact 
with, material being cut.
    (e) Radial saws. Unless fixed or manually adjustable enclosures or 
guards provide equivalent protection, radial saws shall be guarded as 
follows:
    (1) The upper hood of radial saws shall enclose the upper portion of 
the blade up to and including the end of the saw arbor and shall protect 
the operator from being struck by debris. The sides of the lower exposed 
portion of the blade shall be guarded to the blade

[[Page 272]]

diameter by a device automatically adjusting to the thickness of the 
stock and remaining in contact with the stock. The lower guard may be 
removed only when the saw is used for bevel cuts;
    (2) Radial saws used for ripping shall have non-kickback fingers or 
dogs on both sides to oppose the thrust or tendency of the saw to pick 
up material or throw material toward the operator;
    (3) Adjustable stop shall be provided to prevent travel of radial 
saw blades beyond the table's edge;
    (4) Radial saws shall be installed so that the cutting head returns 
to the starting position without rebound when released; and
    (5) The employer shall direct that employees perform ripping and 
ploughing against the saw turning direction. Rotation direction and an 
indication of the end of the saw to be used shall be conspicuously 
marked on the hood.
    (f) Band saws and band resaws. (1) Saw blades and band saw wheels 
shall be enclosed or guarded, except for the working portion of the 
blade between the bottom of the guide rolls and the table, to protect 
employees from point-of-operation hazards and flying debris.
    (2) Band saws shall be equipped with brakes to stop the band saw 
wheel if the blade breaks.
    (3) Band saws shall be equipped with a tension control device to 
keep the blade taut.
    (g) Abrasive wheels and machinery. (1) Abrasive wheels shall be used 
only on machines having enclosure guards to restrain pieces of grinding 
wheels and to protect employees if the wheel breaks, except as provided 
in paragraphs (g)(2) and (g)(3) of this section. Where the operator must 
stand in front of the safety guard opening, the safety guard shall be 
adjustable or have an adjustable tongue or piece at the top of the 
opening. The safety guard or the tongue shall be adjusted so that they 
are always close to the periphery of the wheel. Guards shall be aligned 
with the wheel and the strength of fastenings shall be greater than the 
strength of the guard.
    (2) When the work provides equivalent protection, or when the 
machine is designed as a portable saw, guards may be constructed with 
the spindle end, nut and outer flange exposed. When the work entirely 
covers the side of the wheel, the side covers of the guard may be 
removed.
    (3) Guarding is not required:
    (i) For wheels used for internal work while the wheel is contained 
within the work being ground; or
    (ii) For mounted wheels 2 inches (5 cm) and smaller in diameter used 
in portable operations.
    (4) Work rests shall be used on fixed grinding machines. Work rests 
shall be rigidly constructed and adjustable for wheel wear. They shall 
be adjusted closely to the wheel with a maximum opening of \1/8\-inch 
(3.18 mm) and shall be securely clamped. Adjustment shall not be made 
while the wheel is in motion.
    (5) Grinding wheels shall fit freely on the spindle. The spindle nut 
shall be tightened only enough to hold the wheel in place.
    (6) Grinding machine wheels shall turn at a speed that is compatible 
with the rated speed of the wheel.
    (7) Flanges and blotters shall be used only with wheels designed for 
their use. Flanges shall be of a type ensuring retention of pieces of 
the wheel in case of breakage.
    (8) Abrasive wheels with operational defects shall not be used.
    (h) Rotating parts, drives and connections. (1) Rotating parts, such 
as gears and pulleys, that are located 7 feet (2.13 m) or less above 
working surfaces shall be guarded to prevent employee contact with 
moving parts.
    (2) Belt, rope and chain drives shall be guarded to prevent 
employees from coming into contact with moving parts.
    (3) Gears, sprockets and chains shall be guarded to prevent 
employees from coming into contact with moving parts. This requirement 
does not apply to manually operated sprockets.

[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]

[[Page 273]]



Sec.  1917.152  Welding, cutting and heating (hot work) \12\
(See also Sec.  1917.2, definition of Hazardous cargo, materials, substance,
or atmosphere).
---------------------------------------------------------------------------

    \12\ The U.S. Coast Guard, at 33 CFR 126.15(c), requires prior 
permission of the Captain of the Port if welding or other hot work is to 
be carried out at a facility where dangerous cargoes as defined by 33 
CFR 126.07 are located or being handled.
---------------------------------------------------------------------------

    (a) Definition. ``Hot work'' means riveting, welding, flame cutting 
or other fire or spark-producing operation.
    (b) Hot work in confined spaces. Hot work shall not be performed in 
a confined space until a designated person has tested the atmosphere and 
determined that it is not hazardous.
    (c) Fire protection. (1) To the extent possible, hot work shall be 
performed in designated locations that are free of fire hazards.
    (2) When hot work must be performed in a location that is not free 
of fire hazards, all necessary precautions shall be taken to confine 
heat, sparks, and slag so that they cannot contact flammable or 
combustible material.
    (3) Fire extinguishing equipment suitable for the location shall be 
immediately available and shall be maintained in readiness for use at 
all times.
    (4) When the hot work operation is such that normal fire prevention 
precautions are not sufficient, additional personnel shall be assigned 
to guard against fire during hot work and for a sufficient time after 
completion of the work to ensure that no fire hazard remains. The 
employer shall instruct all employees involved in hot work operations as 
to potential fire hazards and the use of firefighting equipment.
    (5) Drums and containers which contain or have contained flammable 
or combustible liquids shall be kept closed. Empty containers shall be 
removed from the hot work area.
    (6) When openings or cracks in flooring cannot be closed, 
precautions shall be taken to ensure that no employees or flammable or 
combustible materials on the floor below are exposed to sparks dropping 
through the floor. Similar precautions shall be taken regarding cracks 
or holes in walls, open doorways and open or broken windows.
    (7) Hot work shall not be performed:
    (i) In flammable or potentially flammable atmospheres:
    (ii) On or in equipment or tanks that have contained flammable gas 
or liquid or combustible liquid or dust-producing material, until a 
designated person has tested the atmosphere inside the equipment or 
tanks and determined that it is not hazardous; or
    (iii) Near any area in which exposed readily ignitable materials 
such as bulk sulphur, baled paper or cotton are stored. Bulk sulphur is 
excluded from this prohibition if suitable precautions are followed, the 
person in charge is knowledgeable and the person performing the work has 
been instructed in preventing and extinguishing sulphur fires.
    (8)(i) Drums, containers or hollow structures that have contained 
flammable or combustible substances shall either be filled with water or 
cleaned, and shall then be ventilated. A designated person shall test 
the atmosphere and determine that it is not hazardous before hot work is 
performed on or in such structures.
    (ii) Before heat is applied to a drum, container or hollow 
structure, an opening to release built-up pressure during heat 
application shall be provided.
    (d) Gas welding and cutting. (1) Compressed gas cylinders:
    (i) Shall have valve protection caps in place except when in use, 
hooked up or secured for movement. Oil shall not be used to lubricate 
caps;
    (ii) Shall be hoisted only while secured, as on a cradle or pallet, 
and shall not be hoisted by magnet, choker sling or cylinder caps;
    (iii) Shall be moved only by tilting or rolling on their bottom 
edges;
    (iv) Shall be secured when moved by vehicle;
    (v) Shall be secured while in use;
    (vi) Shall have valves closed when cylinders are empty, being moved 
or stored;
    (vii) Shall be secured upright except when hoisted or carried;
    (viii) Shall not be freed when frozen by prying the valves or caps 
with bars or by hitting the valve with a tool;
    (ix) Shall not be thawed by boiling water;
    (x) Shall not be exposed to sparks, hot slag, or flame;

[[Page 274]]

    (xi) Shall not be permitted to become part of electrical circuits or 
have electrodes struck against them to strike arcs;
    (xii) Shall not be used as rollers or supports;
    (xiii) Shall not have contents used for purposes not authorized by 
the supplier;
    (xiv) Shall not be used if damaged or defective;
    (xv) Shall not have gases mixed within, except by gas suppliers;
    (xvi) Shall be stored so that oxygen cylinders are separated from 
fuel gas cylinders and combustible materials by either a minimum 
distance of 20 feet (6.1 m) or a barrier having a fire-resistance rating 
of 30 minutes; and
    (xvii) Shall not have objects that might either damage the safety 
device or obstruct the valve placed on top of the cylinder when in use.
    (2) Use of fuel gas. Fuel gas shall be used only as follows:
    (i) Before regulators are connected to cylinder valves, the valves 
shall be opened slightly (cracked) and closed immediately to clear away 
dust or dirt. Valves shall not be cracked if gas could reach possible 
sources of ignition;
    (ii) Cylinder valves shall be opened slowly to prevent regulator 
damage and shall not be opened more than 1\1/2\ turns. Any special 
wrench required for emergency closing shall be positioned on the valve 
stem during cylinder use. For manifolded or coupled cylinders, at least 
one wrench shall be immediately available. Nothing shall be placed on 
top of a cylinder or associated parts when the cylinder is in use.
    (iii) Pressure-reducing regulators shall be attached to cylinder 
valves when cylinders are supplying torches or devices equipped with 
shut-off valves;
    (iv) Cylinder valves shall be closed and gas released from the 
regulator or manifold before regulators are removed;
    (v) Leaking fuel gas cylinder valves shall be closed and the gland 
nut tightened. If the leak continues, the cylinder shall be tagged, 
removed from service, and moved to a location where the leak will not be 
hazardous. If a regulator attached to a valve stops a leak, the cylinder 
need not be removed from the workplace but shall be tagged and may not 
be used again before it is repaired; and
    (vi) If a plug or safety device leaks, the cylinder shall be tagged, 
removed from service, and moved to a location where the leak will not be 
hazardous.
    (3) Hose. (i) Fuel gas and oxygen hoses shall be easily 
distinguishable from each other by color or sense of touch. Oxygen and 
fuel hoses shall not be interchangeable. Hoses having more than one gas 
passage shall not be used.
    (ii) When oxygen and fuel gas hoses are taped together, not more 
than four (4) of each 12 inches (10.16 cm of each 30.48 cm) shall be 
taped.
    (iii) Hose shall be inspected before use. Hose subjected to 
flashback or showing evidence of severe wear or damage shall be tested 
to twice the normal working pressure but not less than 200 p.s.i. 
(1378.96 kPa) before reuse. Defective hose shall not be used.
    (iv) Hose couplings shall not unlock or disconnect without rotary 
motion.
    (v) Hose connections shall be clamped or securely fastened to 
withstand twice the normal working pressure but not less than 300 p.s.i. 
(2068.44 kPa) without leaking.
    (vi) Gas hose storage boxes shall be ventilated.
    (4) Torches. (i) Torch tip openings shall only be cleaned with 
devices designed for that purpose.
    (ii) Torches shall be inspected before each use for leaking shut-off 
valves, hose couplings and tip connections. Torches with such defects 
shall not be used.
    (iii) Torches shall not be lighted from matches, cigarette lighters, 
other flames or hot work.
    (5) Pressure regulators. Pressure regulators, including associated 
gauges, shall be maintained in safe working order.
    (6) Operational precaution. Gas welding equipment shall be 
maintained free of oil and grease.
    (e) Arc welding and cutting. (1) Manual electrode holders. (i) The 
employer shall ensure that only manual electrode holders intended for 
arc welding and cutting and capable of handling the maximum current 
required for such welding or cutting shall be used.

[[Page 275]]

    (ii) Current-carrying parts passing through those portions of the 
holder gripped by the user and through the outer surfaces of the jaws of 
the holder shall be insulated against the maximum voltage to ground.
    (2) Welding cables and connectors. (i) Arc welding and cutting 
cables shall be insulated, flexible and capable of handling the maximum 
current required by the operations, taking into account the duty cycles.
    (ii) Only cable free from repair or splice for 10 feet (3 m) from 
the electrode holder shall be used unless insulated connectors or 
splices with insulating quality equal to that of the cable are provided.
    (iii) When a cable other than the lead mentioned in paragraph 
(e)(2)(ii) of this section wears and exposes bare conductors, the 
portion exposed shall not be used until it is protected by insulation 
equivalent in performance capacity to the original.
    (iv) Insulated connectors of equivalent capacity shall be used for 
connecting or splicing cable. Cable lugs, where used as connectors, 
shall provide electrical contact. Exposed metal parts shall be 
insulated.
    (3) Ground returns and machine grounding. (i) Ground return cables 
shall have current-carrying capacity equal to or exceeding the total 
maximum output capacities of the welding or cutting units served.
    (ii) Structures or pipelines, other than those containing gases or 
flammable liquids or conduits containing electrical circuits, may be 
used in the ground return circuit if their current-carrying capacity 
equals or exceeds the total maximum output capacities of the welding or 
cutting units served.
    (iii) Structures or pipelines forming a temporary ground return 
circuit shall have electrical contact at all joints. Arcs, sparks or 
heat at any point in the circuit shall cause rejection as a ground 
circuit.
    (iv) Structures or pipelines acting continuously as ground return 
circuits shall have joints bonded and maintained to ensure that no 
electrolysis or fire hazard exists.
    (v) Arc welding and cutting machine frames shall be grounded, either 
through a third wire in the cable containing the circuit conductor or 
through a separate wire at the source of the current. Grounding circuits 
shall have resistance low enough to permit sufficient current to flow to 
cause the fuse or circuit breaker to interrupt the current.
    (vi) Ground connections shall be mechanically and electrically 
adequate to carry the current.
    (4) When electrode holders are left unattended, electrodes shall be 
removed and holders placed to prevent employee injury.
    (5) Hot electrode holders shall not be dipped in water.
    (6) The employer shall ensure that when arc welders or cutters leave 
or stop work or when machines are moved, the power supply switch shall 
be kept in the off position.
    (7) Arc welding or cutting equipment having a functional defect 
shall not be used.
    (8)(i) Arc welding and cutting operations shall be separated from 
other operations by shields, screens, or curtains to protect employees 
in the vicinity from the direct rays and sparks of the arc.
    (ii) Employees in areas not protected from the arc by screening 
shall be protected by appropriate filter lenses in accordance with 
paragraph (h) of this section. When welders are exposed to their own arc 
or to each other's arc, they shall wear filter lenses complying with the 
requirements of paragraph (h) of this section.
    (9) The control apparatus of arc welding machines shall be enclosed, 
except for operating wheels, levers, and handles.
    (10) Input power terminals, top change devices and live metal parts 
connected to imput circuits shall be enclosed and accessible only by 
means of insulated tools.
    (11) When arc welding is performed in wet or high-humidity 
conditions, employees shall use additional protection, such as rubber 
pads or boots, against electric shock.
    (f) Ventilation and employee protection in welding, cutting and 
heating--(1) Mechanical ventilation requirements. The employer shall 
ensure that general mechanical ventilation or local exhaust

[[Page 276]]

systems shall meet the following requirements:
    (i) General mechanical ventilation shall maintain vapors, fumes and 
smoke below a hazardous level.
    (ii) Local exhaust ventilation shall consist of movable hoods 
positioned close to the work and shall be of such capacity and 
arrangement as to keep breathing zone concentrations below hazardous 
levels.
    (iii) Exhausts from working spaces shall be discharged into the open 
air, clear of intake air sources;
    (iv) Replacement air shall be clean and respirable; and
    (v) Oxygen shall not be used for ventilation, cooling or cleaning 
clothing or work areas.
    (2) Hot work in confined spaces. Except as specified in paragraphs 
(f)(3)(ii) and (f)(3)(iii) of this section, when hot work is performed 
in a confined space the employer shall ensure that:
    (i) General mechanical or local exhaust ventilations shall be 
provided; or
    (ii) Employees in the space shall wear supplied air respirators in 
accordance with Sec.  1910.134 and a standby on the outside shall 
maintain communication with employees inside the space and shall be 
equipped and prepared to provide emergency aid.
    (3) Welding, cutting or heating of toxic metals. (i) In confined or 
enclosed spaces, hot work involving the following metals shall only be 
performed with general mechanical or local exhaust ventilation that 
ensures that employees are not exposed to hazardous levels of fumes:
    (A) Lead base metals;
    (B) Cadmium-bearing filler materials; and
    (C) Chromium-bearing metals or metals coated with chromium-bearing 
materials.
    (ii) In confined or enclosed spaces, hot work involving the 
following metals shall only be performed with local exhaust ventilation 
meeting the requirements of paragraph (f)(1) of this section or by 
employees wearing supplied air respirators in accordance with Sec.  
1910.134;
    (A) Zinc-bearing base or filler metals or metals coated with zinc-
bearing materials;
    (B) Metals containing lead other than as an impurity, or coated with 
lead-bearing materials;
    (C) Cadmium-bearing or cadmium-coated base metals; and
    (D) Metals coated with mercury-bearing materials.
    (iii) Employees performing hot work in confined or enclosed spaces 
involving beryllium-containing base or filler metals shall be protected 
by local exhaust ventilation and wear supplied air respirators or self-
contained breathing apparatus, in accordance with the requirements of 
Sec.  1910.134.
    (iv) The employer shall ensure that employees performing hot work in 
the open air that involves any of the metals listed in paragraphs 
(f)(3)(i) and (f)(3)(ii) of this section shall be protected by 
respirators in accordance with the requirements of Sec.  1910.134, and 
those working on beryllium-containing base or filler metals shall be 
protected by supplied air respirators, in accordance with the 
requirements of Sec.  1910.134.
    (v) Any employee exposed to the same atmosphere as the welder or 
burner shall be protected by the same type of respiratory and other 
protective equipment as that worn by the welder or burner.
    (4) Inert-gas metal-arc welding. Employees shall not engage in and 
shall not be exposed to the inert-gas metal-arc welding process unless 
the following precautions are taken:
    (i) Chlorinated solvents shall not be used within 200 feet (61 m) of 
the exposed arc. Surfaces prepared with chlorinated solvents shall be 
thoroughly dry before welding is performed on them.
    (ii) Employees in areas not protected from the arc by screening 
shall be protected by appropriate filter lenses in accordance with the 
requirements of paragraph (h) of this section. When welders are exposed 
to their own arc or to each other's arc, filter lenses complying with 
the requirements of paragraph (h) of this section shall be worn to 
protect against flashes and radiant energy.
    (iii) Employees exposed to radiation shall have their skin covered 
completely to prevent ultraviolet burns and damage. Helmets and hand 
shields

[[Page 277]]

shall not have leaks, openings or highly reflective surfaces.
    (iv) Inert-gas metal-arc welding on stainless steel shall not be 
performed unless exposed employees are protected either by local exhaust 
ventilation or by wearing supplied air respirators.
    (g) Welding, cutting and heating on preservative coatings. (1) 
Before hot work is commenced on surfaces covered by a preservative 
coating of unknown flammability, a test shall be made by a designated 
person to determine the coating's flammability. Preservative coatings 
shall be considered highly flammable when scrapings burn with extreme 
rapidity.
    (2) Appropriate precaution shall be taken to prevent ignition of 
highly flammable hardened preservative coatings. Highly flammable 
coatings shall be stripped from the area to be heated. An uncoiled fire 
hose with fog nozzle, under pressure, shall be immediately available in 
the hot work area.
    (3) Surfaces covered with preservative coatings shall be stripped 
for at least 4 inches (10.16 cm) from the area of heat application or 
employees shall be protected by supplied air respirators in accordance 
with the requirements of Sec.  1910.134 of this chapter.
    (h) Protection against radiant energy. (1) Employees shall be 
protected from radiant energy eye hazards by spectacles, cup goggles, 
helmets, hand shields or face shields with filter lenses complying with 
the requirements of this paragraph.
    (2) Filter lenses shall have an appropriate shade number, as 
indicated in Table G-1, for the work performed. Variations of one or two 
shade numbers are permissible to suit individual preferences.
    (3) If filter lenses are used in goggles worn under the helmet, the 
shade numbers of both lenses equals the value shown in Table G-1 for the 
operation.

     Table G-1--Filter Lenses for Protection Against Radiant Energy
------------------------------------------------------------------------
                 Operation                            Shade No.
------------------------------------------------------------------------
Soldering.................................  2.
Torch Brazing.............................  3 or 4.
Light cutting, up to 1 inch...............  3 or 4.
Medium cutting, 1-6 inches................  4 or 5.
Heavy cutting, over 6 inches..............  5 or 6.
Light gas welding, up to \1/8\ inch.......  4 or 5.
Medium gas welding, \1/8\-\1/2\ inch......  5 or 6.
Heavy gas welding, over \1/2\ inch........  6 or 8.
Shielded Metal-Arc Welding \1/16\ to \5/    10
 32\-inch electrodes.
Inert-gas Metal-Arc Welding (Non-ferrous)   11.
 1/16- to 5/32-inch electrodes.
Shielded Metal-Arc Welding:
  3/16- to \1/4\-inch electrodes..........  12.
  5/16- and \3/8\-inch electrodes.........  14.
------------------------------------------------------------------------


[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65 
FR 40942, June 30, 2000]



Sec.  1917.153  Spray painting (See also Sec.  1917.2, definition of
Hazardous cargo, materials, substance, or atmosphere).

    (a) Scope. This section covers painting operations connected with 
maintenance of structures, equipment and gear at the marine terminal and 
of transient equipment serviced at the terminal. It does not apply to 
overall painting of terminal structures under construction, major repair 
or rebuilding of terminal structures, or portable spraying apparatus not 
used regularly in the same location.
    (b) Definitions--(1) Spraying area means any area where flammable 
vapors, mists or combustible residues, dusts or deposits may be present 
due to paint spraying operations.
    (2) Spray booth means an enclosure containing a flammable or 
combustible spraying operation and confining and limiting the escape of 
paint, vapor and residue by means of a powered exhaust system.
    (3) Approved means, for the purpose of this section, that the 
equipment has been approved for the specified use by a nationally 
recognized testing laboratory.
    (c) Spray painting requirements for indoor and outdoor spraying 
areas and booths. (1) Shut-off valves, containers or piping with 
attached hoses or flexible connections shall have shut-off valves closed 
at the connection when not in use.
    (2) Pumps used to transfer paint supplies shall have automatic 
pressure-relieving devices.

[[Page 278]]

    (3) Hoses and couplings shall be inspected before use. Hoses showing 
deterioration, leakage or weakness in the carcass or at the couplings 
shall be removed from service.
    (4)(i) No open flame or spark-producing equipment shall be within 20 
feet (6.1 m) of a spraying area unless it is separated from the spraying 
area by a fire-retardant partition.
    (ii) Hot surfaces shall not be located in spraying areas.
    (iii) Whenever combustible residues may accumulate on electrical 
installations, wiring shall be in rigid conduit or in boxes containing 
no taps, splices or connections.
    (iv) Portable electric lights shall not be used during spraying 
operations. Lights used during cleaning or repairing operations shall be 
approved for the location in which they are used.
    (5) When flammable or combustible liquids are being transferred 
between containers, both containers shall be bonded and grounded.
    (6)(i) Spraying shall be performed only in designated spray booths 
or spraying areas.
    (ii) Spraying areas shall be kept as free from combustible residue 
accumulations as practicable.
    (iii) Residue scrapings, debris, rags, and waste shall be removed 
from the spraying area as they accumulate.
    (7) Spraying with organic peroxides and other dual-component 
coatings shall only be conducted in sprinkler-equipped spray booths.
    (8) Only the quantity of flammable or combustible liquids required 
for the operation shall be allowed in the spraying area, and in no case 
shall the amount exceed a one-day supply.
    (9) Smoking shall be prohibited and ``No Smoking'' signs shall be 
posted in spraying and paint storage areas.
    (d) Additional requirements for spraying areas and spray booths. (1) 
Distribution or baffle plates shall be of noncombustible material and 
shall be removable or accessible for cleaning. They shall not be located 
in exhaust ducts.
    (2) Any discarded filter shall be removed from the work area or 
placed in water.
    (3) Filters shall not be used when the material being sprayed is 
highly susceptible to spontaneous heating and ignition.
    (4) Filters shall be noncombustible or of an approved type. The same 
filter shall not be used when spraying with different coating materials 
if the combination of materials may spontaneously ignite.
    (5) Spraying areas shall be mechanically ventilated for removal of 
flammable and combustible vapor and mist.
    (6) Mechanical ventilation shall be in operation during spraying 
operations and long enough thereafter to exhaust hazardous vapor 
concentrations.
    (7) Rotating fan elements shall be nonsparking or the casing shall 
consist of or be lined with nonsparking material.
    (8) Piping systems conveying flammable or combustible liquids to the 
spraying booth or area shall be made of metal and be both bonded and 
grounded.
    (9) Air exhausted from spray operations shall not contaminate makeup 
air or other ventilation intakes. Exhausted air shall not be 
recirculated unless it is first cleaned of any hazardous contaminants.
    (10) Original closed containers, approved portable tanks, approved 
safety cans or a piping system shall be used to bring flammable or 
combustible liquids into spraying areas.
    (11) If flammable or combustible liquids are supplied to spray 
nozzles by positive displacement pumps, the pump discharge line shall 
have a relief valve discharging either to a pump section or detached 
location, or the line shall be equipped with a device to stop the prime 
mover when discharge pressure exceeds the system's safe operating 
pressure.
    (12) Wiring, motors and equipment in a spray booth shall be of 
approved explosion-proof type for Class I, Group D locations and conform 
to subpart S of Part 1910 of this chapter for Class I, Division 1, 
Hazardous Locations. Wiring, motors and equipment within 20 feet (6.1m) 
of any interior spraying area and not separated by vapor-tight 
partitions shall not produce sparks during operation and shall conform 
to the requirements of subpart S of Part 1910 of this chapter for Class 
I, Division 2, Hazardous Locations.

[[Page 279]]

    (13) Outside electrical lights within 10 feet (3.05m) of spraying 
areas and not separated from the areas by partitions shall be enclosed 
and protected from damage.
    (e) Additional requirements for spray booths. (1) Spray booths shall 
be substantially constructed of noncombustible material and have smooth 
interior surfaces. Spray booth floors shall be covered with 
noncombustible material. As an aid to cleaning, paper may be used to 
cover the floor during painting operations if it is removed after the 
painting is completed.
    (2) Spray booths shall be separated from other operations by at 
least 3 feet (0.91m) or by fire-retardant partitions or walls.
    (3) A space of at least 3 feet (0.91m) on all sides of the spray 
booth shall be maintained free of storage or combustible materials.
    (4) Metal parts of spray booths, exhaust ducts, piping and airless 
high-pressure spray guns and conductive objects being sprayed shall be 
grounded.
    (5) Electric motors driving exhaust fans shall not be located inside 
booths or ducts.
    (6) Belts shall not enter ducts or booths unless the belts are 
completely enclosed.
    (7) Exhaust ducts shall be made of steel, shall have sufficient 
access doors to permit cleaning, and shall have a minimum clearance of 
18 inches (0.46m) from combustible materials. Any installed dampers 
shall be fully opened when the ventilating system is operating.
    (8) Spray booths shall not be alternately used to spray different 
types of coating materials if the combination of the materials may 
spontaneously ignite unless deposits of the first material are removed 
from the booth and from exhaust ducts before spraying of the second 
material begins.

[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]



Sec.  1917.154  Compressed air.

    Employees shall be protected by chip guarding and personal 
protective equipment complying with the provisions of subpart E of this 
part during cleaning with compressed air. Compressed air used for 
cleaning shall not exceed a pressure of 30 psi. Compressed air shall not 
be used to clean employees.



Sec.  1917.155  Air receivers.

    (a) Application. This section applies to compressed air receivers 
and equipment used for operations such as cleaning, drilling, hoisting 
and chipping. It does not apply to equipment used to convey materials or 
in such transportation applications as railways, vehicles or cranes.
    (b) Gauges and valves. (1) Air receivers shall be equipped with 
indicating pressure gauges and spring-loaded safety valves. Safety 
valves shall prevent receiver pressure from exceeding 110 percent of the 
maximum allowable working pressure.
    (2) No other valves shall be placed between air receivers and their 
safety valves.



Sec.  1917.156  Fuel handling and storage.

    (a) Liquid fuel. (1) Only designated persons shall conduct fueling 
operations.
    (2) In case of spillage, filler caps shall be replaced and spillage 
disposed of before engines are started.
    (3) Engines shall be stopped and operators shall not be on the 
equipment during refueling operations.
    (4) Smoking and open flames shall be prohibited in areas used for 
fueling, fuel storage or enclosed storage of equipment containing fuel.
    (5) Equipment shall be refueled only at designated locations.
    (6) Liquid fuels not handled by pump shall be handled and 
transported only in portable containers or equivalent means designed for 
that purpose. Portable containers shall be metal, have tight closures 
with screw or spring covers and shall be equipped with spouts or other 
means to allow pouring without spilling. Leaking containers shall not be 
used.
    (7) Flammable liquids may be dispensed in the open from a tank or 
from other vehicles equipped for delivering fuel to another vehicle only 
if:
    (i) Dispensing hoses do not exceed 50 feet (15.24 m) in length; and
    (ii) Any powered dispensing nozzles used are of the automatic-
closing type.

[[Page 280]]

    (8) Liquid fuel dispensing devices shall be provided with an easily 
accessible and clearly identified shut-off device, such as a switch or 
circuit breaker, to shut off the power in an emergency.
    (9) Liquid fuel dispensing devices, such as pumps, shall be mounted 
either on a concrete island or be otherwise protected against collision 
damage.
    (b) Liquefied gas fuels--(1) Fueling locations. (i) Liquefied gas 
powered equipment shall be fueled only at designated locations.
    (ii) Equipment with permanently mounted fuel containers shall be 
charged outdoors.
    (iii) Equipment shall not be fueled or stored near underground 
entrances, elevator shafts or other places where gas or fumes might 
accumulate.
    (2) Fuel containers. (i) When removable fuel containers are used, 
the escape of fuel when containers are exchanged shall be minimized by:
    (A) Automatic quick-closing couplings (closing in both directions 
when uncoupled) in fuel lines; or
    (B) Closing fuel container valves and allowing engines to run until 
residual fuel is exhausted.
    (ii) Pressure-relief valve openings shall be in continuous contact 
with the vapor space (top) of the cylinder.
    (iii) Fuel containers shall be secured to prevent their being jarred 
loose, slipping or rotating.
    (iv) Containers shall be located to prevent damage to the container. 
If located within a compartment, that compartment shall be vented. 
Containers near the engine or exhaust system shall be shielded against 
direct heat radiation.
    (v) Container installation shall provide the container with at least 
the vehicle's road clearance under maximum spring deflection, which 
shall be to the bottom of the container or to the lowest fitting on the 
container or housing, whichever is lower.
    (vi) Valves and connections shall be protected from contact damage. 
Permanent protection shall be provided for fittings on removable 
containers.
    (vii) Defective containers shall be removed from service.
    (3) Fueling operations. (i) To the extent applicable, fueling 
operations for liquefied gas fuels shall also comply with paragraph (a) 
of this section.
    (ii) Using matches or flames to check for leaks is prohibited.
    (iii) Containers shall be examined before recharging and again 
before reuse for the following:
    (A) Dents, scrapes and gouges of pressure vessels;
    (B) Damage to valves and liquid level gauges;
    (C) Debris in relief valves;
    (D) Leakage at valves or connections; and
    (E) Deterioration or loss of flexible seals in filling or servicing 
connections.
    (4) Fuel storage. (i) Stored fuel containers shall be located to 
minimize exposure to excessive temperatures and physical damage.
    (ii) Containers shall not be stored near exits, stairways or areas 
normally used or intended for egress.
    (iii) Outlet valves of containers in storage or transport shall be 
closed. Relief valves shall connect with vapor spaces.
    (5) Vehicle storage and servicing. (i) Liquefied gas fueled vehicles 
may be stored or serviced inside garages or shops only if there are no 
fuel system leaks.
    (ii) Liquefied gas fueled vehicles under repair shall have container 
shut-off valves closed unless engine operation is necessary for repairs.
    (iii) Liquefied gas fueled vehicles shall not be parked near open 
flames, sources of ignition or unventilated open pits.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65 
FR 40943, June 30, 2000]



Sec.  1917.157  Battery charging and changing.

    (a) Only designated persons shall change or charge batteries.
    (b) Battery charging and changing shall be performed only in areas 
designated by the employer.
    (c) Smoking and other ignition sources are prohibited in charging 
areas.
    (d) Filler caps shall be in place when batteries are being moved.

[[Page 281]]

    (e) Parking brakes shall be applied before batteries are charged or 
changed.
    (f) When a jumper battery is connected to a battery in a vehicle, 
the ground lead shall connect to ground away from the vehicle's battery. 
Ignition, lights and accessories on the vehicle shall be turned off 
before connections are made.
    (g) Batteries shall be free of corrosion buildup and cap vent holes 
shall be open.
    (h) Adequate ventilation shall be provided during charging.
    (i) Facilities for flushing the eyes, body and work area with water 
shall be provided wherever electrolyte is handled, except that this 
requirement does not apply when employees are only checking battery 
electrolyte levels or adding water.
    (j) Carboy tilters or siphons shall be used to handle electrolyte in 
large containers.
    (k) Battery handling equipment which could contact battery terminals 
or cell connectors shall be insulated or otherwise protected.
    (l) Metallic objects shall not be placed on uncovered batteries.
    (m) When batteries are being charged, the vent caps shall be in 
place.
    (n) Chargers shall be turned off when leads are being connected or 
disconnected.
    (o) Installed batteries shall be secured to avoid physical or 
electrical contact with compartment walls or components.

[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997]



Sec.  1917.158  Prohibited operations.

    (a) Spray painting and abrasive blasting operations shall not be 
conducted in the vicinity of cargo handling operations.
    (b) Welding and burning operations shall not be conducted in the 
vicinity of cargo handling operations unless such hot work is part of 
the cargo operation.



Sec. Appendix I to Part 1917--Special Cargo Gear and Container Spreader 
         Test Requirements (Mandatory) [see Sec.  1917.50(c)(5)]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
            Type gear              Test requirement        Tested by                    Proof test
----------------------------------------------------------------------------------------------------------------
            A. All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater     Prior to initial    OSHA accredited     Up to 20 short      125% SWL
 than 5 short tons (10,000 lbs./   use.                agency only.        tons.
 4.5 metric tons).
                                  Prior to reuse                          From 20 to 50       5 short tons in
                                   after structural                        short tons          excess of SWL
                                   damage repair
                                  Every four years    OSHA accredited     Over 50 short tons  110% SWL
                                   after initial       agency or
                                   proof load test     designated person
                                                       (40)(1) 125% SWL
----------------------------------------------------------------------------------------------------------------
2. Safe Working Load--5 short     Prior to initial    OSHA accredited                    125% SWL
 tons or less.                     use                 agency or
                                  Prior to reuse       designated person
                                   after structural
                                   damage repair.
----------------------------------------------------------------------------------------------------------------
3. Intermodal container           Prior to initial
 spreaders not part of vessel's    use
 cargo handling gear.
                                  Prior to reuse      OSHA accredited
                                   after structural    agency only
                                   damage repair
                                  Every four years    OSHA accredited                    125% SWL
                                   after initial       agency or
                                   proof load test.    designated person.
----------------------------------------------------------------------------------------------------------------

[[Page 282]]

 
                       B. All Special Cargo Handling Gear in Use Prior to January 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Any Safe Working Load........  Every four years    OSHA accredited     Up to 20 short
                                   starting on         agency or           tons.
                                   January 21, 1998.   designated person.
                                  Prior to initial    OSHA accredited     From 20 to 50       5 short tons in
                                   use or prior to     agency              short tons          excess of SWL
                                   reuse after
                                   structural damage
                                   repair
                                                                          Over 50 short tons  110% SWL
----------------------------------------------------------------------------------------------------------------
2. Intermodal container           Every four years    OSHA accredited
 spreaders not part of ship's      starting on         agency or
 gear.                             January 21, 1998    designated person
                                  Prior to initial    OSHA accredited                    125% SWL
                                   use or prior to     agency
                                   reuse after
                                   structural damage
                                   repair
----------------------------------------------------------------------------------------------------------------


[65 FR 40943, June 30, 2000]



PART 1918_SAFETY AND HEALTH REGULATIONS FOR LONGSHORING--Table of Contents



                      Subpart A_General Provisions

Sec.
1918.1 Scope and application.
1918.2 Definitions.
1918.3 Incorporation by reference
1918.4 OMB control numbers under the Paperwork Reduction Act.
1918.5 Compliance duties owed to each employee.

                      Subpart B_Gear Certification

1918.11 Gear certification (See also Sec. Sec.  1918.2, definition of 
          ``Vessel's cargo handling gear'' and 1918.51).

              Subpart C_Gangways and Other Means of Access

1918.21 General requirements.
1918.22 Gangways.
1918.23 Jacob's ladders.
1918.24 Fixed and portable ladders.
1918.25 Bridge plates and ramps (See also Sec.  1918.86).
1918.26 Access to barges and river towboats.

                       Subpart D_Working Surfaces

1918.31 Hatch coverings.
1918.32 Stowed cargo and temporary landing surfaces.
1918.33 Deck loads.
1918.34 Other decks.
1918.35 Open hatches.
1918.36 Weather deck rails.
1918.37 Barges.

                  Subpart E_Opening and Closing Hatches

1918.41 Coaming clearances.
1918.42 Hatch beam and pontoon bridles.
1918.43 Handling hatch beams and covers.

                 Subpart F_Vessel's Cargo Handling Gear

1918.51 General requirements (See also Sec.  1918.11 and appendix III of 
          this part).
1918.52 Specific requirements.
1918.53 Cargo winches.
1918.54 Rigging gear.
1918.55 Cranes (See also Sec.  1918.11).

   Subpart G_Cargo Handling Gear and Equipment Other Than Ship's Gear

1918.61 General (See also appendix IV of this part).
1918.62 Miscellaneous auxiliary gear.
1918.63 Chutes, gravity conveyors and rollers.
1918.64 Powered conveyors.
1918.65 Mechanically-powered vehicles used aboard vessels.
1918.66 Cranes and derricks other than vessel's gear.
1918.67 Notifying ship's officers before using certain equipment.
1918.68 Grounding.
1918.69 Tools.
1918.70-1918.80 [Reserved]

                        Subpart H_Handling Cargo

1918.81 Slinging.
1918.82 Building drafts.
1918.83 Stowed cargo; tiering and breaking down.
1918.84 Bulling cargo.
1918.85 Containerized cargo operations.
1918.86 Roll-on roll-off (Ro-Ro) operations (see also Sec.  1918.2, Ro-
          Ro operations, and Sec.  1918.25).
1918.87 Ship's cargo elevators.
1918.88 Log operations.
1918.89 Handling hazardous cargo (See also Sec.  1918.2 and Sec.  
          1918.99).

                  Subpart I_General Working Conditions

1918.90 Hazard communication.

[[Page 283]]

1918.91 Housekeeping.
1918.92 Illumination.
1918.93 Hazardous atmospheres and substances (See also Sec.  1918.2).
1918.94 Ventilation and atmospheric conditions (See also Sec.  1918.2, 
          definitions of Hazardous cargo, materials, substance or 
          atmosphere and Ro-Ro operations).
1918.95 Sanitation.
1918.96 Maintenance and repair work in the vicinity of longshoring 
          operations.
1918.97 First aid and lifesaving facilities. (See appendix V of this 
          part).
1918.98 Qualifications of machinery operators and supervisory training.
1918.99 Retention of DOT markings, placards and labels.
1918.100 Emergency action plans.

                 Subpart J_Personal Protective Equipment

1918.101 Eye and face protection.
1918.102 Respiratory protection.
1918.103 Head protection.
1918.104 Foot protection.
1918.105 Other protective measures.
1918.106 Payment for protective equipment.

                           Subpart K_COVID	19.

1918.107-1918.109 [Reserved]
1918.110 COVID-19.

Appendix I to Part 1918--Cargo Gear Register and Certificates (Non-
          mandatory)
Appendix II to Part 1918--Tables for Selected Miscellaneous Auxiliary 
          Gear (Mandatory)
Appendix III to Part 1918--The Mechanics of Conventional Cargo Gear 
          (Non-mandatory)
Appendix IV to Part 1918--Special Cargo Gear and Container Spreader Test 
          Requirements (Mandatory) [see Sec.  1918.61 (f), (g), (h)]
Appendix V to Part 1918--Basic Elements of a First Aid Training Program 
          (Non-Mandatory)

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), 1-2012 
(77 FR 3912), or 8-2020 (85 FR 58393), as applicable; and 29 CFR 1911.
    Sections 1918.90 and 1918.110 also issued under 5 U.S.C. 553.
    Section 1918.100 also issued under 49 U.S.C. 5101 et seq. and 5 
U.S.C. 553.

    Source: 62 FR 40202, July 25, 1997, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  1918.1  Scope and application.

    (a) The regulations of this part apply to longshoring operations and 
related employments aboard vessels. All cargo transfer accomplished with 
the use of shore-based material handling devices is covered by part 1917 
of this chapter.
    (b) Part 1910 of this chapter does not apply to longshoring except 
for the following provisions:
    (1) Access to employee exposure and medical records. Subpart Z, 
Sec.  1910.1020;
    (2) Commercial diving operations. Subpart T;
    (3) Electrical. Subpart S when shore-based electrical installations 
provide power for use aboard vessels;
    (4) Hazard communication. Subpart Z, Sec.  1910.1200;
    (5) Ionizing radiation. Subpart Z, Sec.  1910.1096;
    (6) Noise. Subpart G, Sec.  1910.95;
    (7) Nonionizing radiation. Subpart G, Sec.  1910.97;

    Note to paragraph (b)(7): Exposures to nonionizing radiation 
emissions from commercial vessel radar transmitters are considered 
hazardous under the following situations: (a) Where the radar is 
transmitting, the scanner is stationary, and the exposure distance is 19 
feet (5.79 m) or less; or (b) where the radar is transmitting, the 
scanner is rotating, and the exposure distance is 5 feet (1.52 m.) or 
less.

    (8) Respiratory protection. Subpart I, Sec.  1910.134;
    (9) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (i) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements;\1\
---------------------------------------------------------------------------

    \1\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with the 
international legal requirements of the International Convention for the 
Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (ii) Bloodborne pathogens, Sec.  1910.1030;
    (iii) Carbon monoxide, Sec.  1910.1000 (See Sec.  1918.94(a)); and
    (iv) Hydrogen sulfide, Sec.  1910.1000 (See Sec.  1918.94(f)); and

[[Page 284]]

    (v) Hexavalent chromium Sec.  1910.1026 (See Sec.  1915.1026)
    (10) Powered industrial truck operator training, Subpart N, Sec.  
1910.178(l).

    Note to paragraph (b)(10): The Compliance dates of December 1, 1999 
set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 for 
Longshoring.

    (c) Section 1915.1026 applies to any occupational exposures to 
hexavalent chromium in workplaces covered by this part.

[62 FR 40202, July 25, 1997, as amended at 63 FR 66274, Dec. 1, 1998; 64 
FR 46847, Aug. 27, 1999; 65 FR 40943, June 30, 2000; 71 FR 10381, Feb. 
28, 2006]



Sec.  1918.2  Definitions.

    Barge means an unpowered, flatbottomed, shallow draft vessel 
including river barges, scows, carfloats, and lighters. It does not 
include ship shaped or deep draft barges.
    Bulling means the horizontal dragging of cargo across a surface with 
none of the weight of the cargo supported by the fall.
    Danger zone means any place in or about a machine or piece of 
equipment where an employee may be struck by or caught between moving 
parts, caught between moving and stationary objects or parts of the 
machine, caught between the material and a moving part of the machine, 
burned by hot surfaces or exposed to electric shock. Examples of danger 
zones are nip and shear points, shear lines, drive mechanisms, and areas 
underneath counterweights.
    Designated person means a person who possesses specialized abilities 
in a specific area and is assigned by the employer to do a specific task 
in that area.
    Dockboards (car and bridge plates) mean devices for spanning short 
distances between, for example, two barges, that is not higher than four 
feet (1.22m) above the water or next lower level.
    Employee means any longshore worker or other person engaged in 
longshoring operations or related employments other than the master, 
ship's officers, crew of the vessel, or any person engaged by the master 
to load or unload any vessel of less than 18 net tons.
    Employer means a person that employs employees in longshoring 
operations or related employments, as defined in this section.
    Enclosed space means an interior space in or on a vessel that may 
contain or accumulate a hazardous atmosphere due to inadequate natural 
ventilation. Examples of enclosed spaces are holds, deep tanks and 
refrigerated compartments.
    Fall hazard means the following situations:
    (1) Whenever employees are working within three feet (.91 m) of the 
unprotected edge of a work surface that is 8 feet or more (2.44 m) above 
the adjoining surface and twelve inches (.3 m) or more, horizontally, 
from the adjacent surface; or
    (2) Whenever weather conditions may impair the vision or sound 
footing of employees working on top of containers.
    Fumigant is a substance or mixture of substances, used to kill pests 
or prevent infestation, that is a gas or is rapidly or progressively 
transformed to the gaseous state, although some nongaseous or 
particulate matter may remain and be dispersed in the treatment space.
    Gangway means any ramp-like or stair-like means of access provided 
to enable personnel to board or leave a vessel, including accommodation 
ladders, gangplanks and brows.
    Hatch beam or strongback mean a portable transverse or longitudinal 
beam placed across a hatchway that acts as a bearer to support the hatch 
covers.
    Hazardous cargo, materials, substance or atmosphere means:
    (1) Any substance listed in 29 CFR part 1910, subpart Z;
    (2) Any material in the Hazardous Materials Table and Hazardous 
Materials Communications Regulations of the Department of 
Transportation, 49 CFR part 172;
    (3) Any article not properly described by a name in the Hazardous 
Materials Table and Hazardous Materials Communication Regulations of the 
Department of Transportation, 49 CFR part 172, but which is properly 
classified

[[Page 285]]

under the definitions of those categories of dangerous articles given in 
49 CFR part 173; or
    (4) Any atmosphere with an oxygen content of less than 19.5 percent 
or greater than 23 percent.
    Intermodal container means a reusable cargo container of a rigid 
construction and rectangular configuration; fitted with devices 
permitting its ready handling, particularly its transfer from one mode 
of transport to another; so designed to be readily filled and emptied; 
intended to contain one or more articles of cargo or bulk commodities 
for transportation by water and one or more other transport modes. The 
term includes completely enclosed units, open top units, fractional 
height units, units incorporating liquid or gas tanks and other 
variations fitting into the container system. It does not include 
cylinders, drums, crates, cases, cartons, packages, sacks, unitized 
loads or any other form of packaging.
    Longshoring operations means the loading, unloading, moving or 
handling of cargo, ship's stores, gear, or any other materials, into, 
in, on, or out of any vessel.
    Mississippi River System includes the Mississippi River from the 
head of navigation to its mouth, and navigable tributaries including the 
Illinois Waterway, Missouri River, Ohio River, Tennessee River, 
Allegheny River, Cumberland River, Green River, Kanawha River, 
Monongahela River, and such others to which barge operations extend.
    Public vessel means a vessel owned and operated by a government and 
not regularly employed in merchant service.
    Ramp means other flat surface devices for passage between levels and 
across openings not covered under the term dockboards.
    Related employments means any employments performed incidental to or 
in conjunction with longshoring operations, including, but not 
restricted to, securing cargo, rigging, and employment as a porter, 
clerk, checker, or security officer.
    River towboat means a shallow draft, low freeboard, self-propelled 
vessel designed to tow river barges by pushing ahead. It does not 
include other towing vessels.
    Ro-Ro operations are those cargo handling and related operations, 
such as lashing, that occur on Ro-Ro vessels, which are vessels whose 
cargo is driven on or off the vessel by way of ramps and moved within 
the vessel by way of ramps and/or elevators.
    Ship's stores means materials that are aboard a vessel for the 
upkeep, maintenance, safety, operation, or navigation of the vessel, or 
for the safety or comfort of the vessel's passengers or crew.
    Small trimming hatch means a small hatch or opening, pierced in the 
between deck or other intermediate deck of a vessel, and intended for 
the trimming of dry bulk cargoes. It does not refer to the large 
hatchways through which cargo is normally handled.
    Vessel includes every description of watercraft or other artificial 
contrivance used or capable of being used for transportation on water, 
including special purpose floating structures not primarily designed for 
or used for transportation on water.
    Vessel's cargo handling gear includes that gear that is a permanent 
part of the vessel's equipment and used for the handling of cargo other 
than bulk liquids. The term covers all stationary or mobile cargo 
handling appliances used on board ship for suspending, raising or 
lowering loads or moving them from one position to another while 
suspended or supported. This includes, but is not limited to, cargo 
elevators, forklifts, and other powered industrial equipment. It does 
not include gear used only for handling or holding hoses, handling 
ship's stores or handling the gangway, or boom conveyor belt systems for 
the self-unloading of bulk cargo vessels.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000; 
76 FR 33610, June 8, 2011]



Sec.  1918.3  Incorporation by reference.

    (a) (1) The standards of agencies of the U.S. Government, and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other

[[Page 286]]

standards in this part. Only the mandatory provisions (i.e. provisions 
containing the word ``shall'' or other mandatory language) of standards 
incorporated by reference are adopted as standards under the 
Occupational Safety and Health Act.
    (2) The standards listed in paragraph (b) of this section are 
incorporated by reference in the corresponding sections noted as the 
sections exist on the date of the approval, and a notice of any change 
in these standards will be published in the Federal Register. The 
Director of the Federal Register approved these incorporations by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (3) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection in the Docket Office at the national office of the 
Occupational Safety and Health Administration, U.S. Department of Labor, 
Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-889-
5627).
    (4) Copies of standards listed in this section and issued by private 
standards organizations are available for purchase from the issuing 
organizations at the addresses or through the other contact information 
listed below for these private standards organizations. In addition, 
these standards are available for inspection at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, telephone: 202-741-6030, or go to http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Also, the standards are available for inspection at 
any Regional Office of the Occupational Safety and Health Administration 
(OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N-2625, Washington, DC 20210; telephone: 
202-693-2350 (TTY number: 877-889-5627).
    (b) Except as noted, copies of the standards listed below in this 
paragraph are available for purchase from the American National 
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 
10036; telephone: 212-642-4900; fax: 212-398-0023; Web site:
    (1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; 
IBR approved for Sec.  1918.24(g)(1).
    (2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders; 
IBR approved for Sec.  1918.24(g)(2).
    (3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced 
Plastic Ladders; IBR approved for Sec.  1918.24(g)(3).
    (4) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1918.104(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (5) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1918.104(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, Approved April 13, 2010; IBR approved for 
Sec.  1918.101(a). 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.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, Approved June 19, 2003; IBR approved for Sec.  
1918.101(a). 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/;

[[Page 287]]

    (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.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1918.101(a). 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.
    (9) American National Standards Institute (ANSI) Z89.1-2009, 
American National Standard for Industrial Head Protection, approved 
January 26, 2009; IBR approved for Sec.  1918.103(b)(1)(i). Copies of 
ANSI Z89.1-2009 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
www.safetyequipment.org.
    (10) American National Standards Institute (ANSI) Z89.1-2003, 
American National Standard for Industrial Head Protection; IBR approved 
for Sec.  1918.103(b)(1)(ii). Copies of ANSI Z89.1-2003 are available 
for purchase only from the International Safety Equipment Association, 
1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-
1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
    (11) American National Standards Institute (ANSI) Z89.1-1997, 
American National Standard for Personnel Protection--Protective Headwear 
for Industrial Workers--Requirements; IBR approved for Sec.  
1918.103(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for 
purchase only from the International Safety Equipment Association, 1901 
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; 
fax: 703-528-2148; Web site: www.safetyequipment.org.
    (c) Copies of the following standards are available for purchase 
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-9555; 
e-mail: seviceastm.org; Web site: http://www.astm.org.
    (1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR 
approved for Sec.  1917.94(b)(1)(i).
    (2) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(i).

[62 FR 40202, July 25, 1997, as amended at 69 FR 18803, Apr. 9, 2004; 74 
FR 46360, Sept. 9, 2009; 77 FR 37599, June 22, 2012; 81 FR 16091, Mar. 
25, 2016]



Sec.  1918.4  OMB control numbers under the Paperwork Reduction Act.

    The following list identifies the 29 CFR citations for sections or 
paragraphs in this part that contain a collection of information 
requirement approved by the Office of Management and Budget (OMB). The 
list also provides the control number assigned by OMB to each approved 
requirement; control number 1218-0196 expires on May 31, 2002 and 
control number 1218-0003 expires on July 31, 2001. The list follows:

------------------------------------------------------------------------
                                                            OMB control
                     29 CFR citation                            No.
------------------------------------------------------------------------
1918.22(g)..............................................       1218-0196
1918.24(i)(1)...........................................       1218-0196
1918.61(b)(2)...........................................       1218-0196
1918.61(c)..............................................       1218-0196
1918.61(f)(1)...........................................       1218-0003
1918.61(f)(2)...........................................       1218-0003
1918.61(g)..............................................       1218-0003
1918.61(h)..............................................       1218-0003
1918.61(i)..............................................       1218-0003
1918.62(b)(1)...........................................       1218-0196
1918.62(b)(5)...........................................       1218-0196
1918.62(c)(1)...........................................       1218-0196
1918.62(d)(1)...........................................       1218-0196
1918.62(g)(3)...........................................       1218-0196
1918.62(g)(4)...........................................       1218-0196
1918.62(h)(1)...........................................       1218-0196
1918.62(h)(3)(ii).......................................       1218-0196
1918.62(h)(4)...........................................       1218-0196
1918.64(k)(1)...........................................       1218-0196
1918.64(k)(2)...........................................       1218-0196
1918.65(b)(1)...........................................       1218-0196
1918.66(a)(2)...........................................       1218-0196
1918.66(a)(8)...........................................       1218-0196
1918.66(a)(9)...........................................       1218-0196
1918.66(a)(11)..........................................       1218-0196
1918.66(a)(15)..........................................       1218-0196

[[Page 288]]

 
1918.66(d)(2)...........................................       1218-0196
1918.66(d)(4)...........................................       1218-0196
1918.66(f)(1)(v)........................................       1218-0196
1918.85(a)..............................................       1218-0196
1918.85(b)(4)(ii).......................................       1218-0196
1918.85(k)(13)..........................................       1218-0196
1918.86(b)..............................................       1218-0196
1918.86(e)..............................................       1218-0196
1918.86(g)..............................................       1218-0196
1918.86(h)..............................................       1218-0196
1918.93(b)..............................................       1218-0196
1918.93(d)(4)...........................................       1218-0196
1918.94(c)..............................................       1218-0196
1918.96(e)(2)...........................................       1218-0196
1918.97(d)(7)...........................................       1218-0196
1918.100(a).............................................       1218-0196
1918.100(e)(3)..........................................       1218-0196
------------------------------------------------------------------------


[64 FR 61506, Nov. 12, 1999]



Sec.  1918.5  Compliance duties owed to each employee.

    (a) Personal protective equipment. Standards in this part requiring 
the employer to provide personal protective equipment (PPE), including 
respirators and other types of PPE, because of hazards to employees 
impose a separate compliance duty with respect to each employee covered 
by the requirement. The employer must provide PPE to each employee 
required to use the PPE, and each failure to provide PPE to an employee 
may be considered a separate violation.
    (b) Training. Standards in this part requiring training on hazards 
and related matters, such as standards requiring that employees receive 
training or that the employer train employees, provide training to 
employees, or institute or implement a training program, impose a 
separate compliance duty with respect to each employee covered by the 
requirement. The employer must train each affected employee in the 
manner required by the standard, and each failure to train an employee 
may be considered a separate violation.

[73 FR 75588, Dec. 12, 2008]



                      Subpart B_Gear Certification



Sec.  1918.11  Gear certification (See also Sec. Sec.  1918.2, definition
of ``Vessel's cargo handling gear'' and 1918.51).

    (a) The employer shall not use the vessel's cargo handling gear 
until it has been ascertained that the vessel has a current and valid 
cargo gear register and certificates that in form and content are in 
accordance with the recommendations of the International Labor Office, 
as set forth in appendix I of this part, and as provided by 
International Labor Organization Convention No. 152, and that shows that 
the cargo gear has been tested, examined and heat treated by or under 
the supervision of persons or organizations defined as competent to make 
register entries and issue certificates pursuant to paragraphs (b) and 
(c) of this section.
    (1) Annual thorough examinations under ILO 152 are required after 
July 27, 1998.
    (2) Testing under ILO 152 is required after July 16, 2001.
    (3) In the interim period(s), prior to the effective dates noted in 
paragraph (a) (1) and (2), vessels with cargo gear and a cargo gear 
register according to ILO 32 are deemed to meet the requirements of this 
paragraph (a).
    (b) Public vessels and vessels holding a valid Certificate of 
Inspection issued by the U.S. Coast Guard pursuant to 46 CFR part 91 are 
deemed to meet the requirements of paragraph (a) of this section.
    (c) With respect to U.S. vessels not holding a valid Certificate of 
Inspection issued by the U.S. Coast Guard, entries in the registers and 
the issuance of certificates required by paragraph (a) of this section 
shall be made only by competent persons currently accredited by the U.S. 
Department of Labor (OSHA) for full function vessels or loose gear and 
wire rope testing, as appropriate, as provided in part 1919 of this 
chapter.
    (d) With respect to vessels under foreign registries, persons or 
organizations competent to make entries in the registers and issue the 
certificates required by paragraph (a) of this section shall be:
    (1) Those acceptable as such to any foreign nation;
    (2) Those acceptable to the Commandant of the U.S. Coast Guard; or
    (3) Those currently accredited by the U.S. Department of Labor 
(OSHA), for full function vessels or loose gear and wire rope testing, 
as appropriate and as provided in part 1919 of this chapter.

[[Page 289]]



              Subpart C_Gangways and Other Means of Access



Sec.  1918.21  General requirements.

    The employer shall not permit employees to board or leave any 
vessel, except a barge or river towboat, until all of the applicable 
requirements of this subpart have been met.
    (a) If possible, the vessel's means of access shall be located so 
that suspended loads do not pass over it. In any event, suspended loads 
shall not be passed over the means of access while employees or others 
are on it.
    (b) When the upper end of the means of access rests on or is flush 
with the top of the bulwark, substantial steps, properly secured, 
trimmed and equipped with at least one substantial handrail, 33 inches 
(.84 m) in height, shall be provided between the top of the bulwark and 
the deck.
    (c) The means of access shall be illuminated for its full length in 
accordance with Sec.  1918.92. \2\
---------------------------------------------------------------------------

    \2\ Sec.  1918.92 requires, along with other requirements, an 
average light intensity of five foot-candles (54 lux).
---------------------------------------------------------------------------



Sec.  1918.22  Gangways.

    (a) Whenever practicable, a gangway of not less than 20 inches (.51 
m) in width, of adequate strength, maintained in safe repair and safely 
secured shall be used. If a gangway is not practicable, a straight 
ladder meeting the requirements of Sec.  1918.24 that extends at least 
36 inches (.91 m) above the upper landing surface and is secured against 
shifting or slipping shall be provided. When conditions are such that 
neither a gangway nor straight ladder can be used, a Jacob's ladder 
meeting the requirements of Sec.  1918.23 may be used.
    (b) Each side of the gangway, and the turntable, if used, shall have 
a hand rail with a minimum height of 33 inches (.84 m) measured 
perpendicularly from rail to walking surfaces at the stanchion, with a 
midrail. Rails shall be of wood, pipe, chain, wire, rope or materials of 
equivalent strength and shall be kept taut always. Portable stanchions 
supporting railings shall be supported or secured to prevent accidental 
dislodgement.
    (c) The gangway shall be kept properly trimmed.
    (d) When a fixed flat tread accommodation ladder is used, and the 
angle is low enough to require employees to walk on the edge of the 
treads, cleated duckboards shall be laid over and secured to the ladder.
    (e) When the gangway overhangs the water so that there is danger of 
employees falling between the ship and the dock, a net or suitable 
protection shall be provided to prevent employees from receiving serious 
injury from falls to a lower level.
    (f) If the foot of a gangway is more than one foot (.30 m) away from 
the edge of the apron, the space between them shall be bridged by a firm 
walkway equipped with a hand rail with a minimum height of approximately 
33 inches (.84 m) with midrails on both sides.
    (g) Gangways shall be kept clear of supporting bridles and other 
obstructions, to provide unobstructed passage. If, because of design, 
the gangway bridle cannot be moved to provide unobstructed passage, then 
the hazard shall be properly marked to alert employees of the danger.
    (h) Obstructions shall not be laid on or across the gangway.
    (i) Handrails and walking surfaces of gangways shall be maintained 
in a safe condition to prevent employees from slipping or falling.
    (j) Gangways on vessels inspected and certificated by the U.S. Coast 
Guard are deemed to meet the requirements of this section.



Sec.  1918.23  Jacob's ladders.

    (a) Jacob's ladders shall be of the double rung or flat tread type. 
They shall be well maintained and properly secured.
    (b) A Jacob's ladder shall either hang without slack from its 
lashings or be pulled up entirely.
    (c) When a Jacob's ladder is used as the means of access to a barge 
being worked, spacers (bumpers) shall be hung between the vessel, barge, 
or other structure to which the barge is tied alongside, or other 
equally effective means shall be provided to prevent damage to the 
bottom rungs of the ladder.

[[Page 290]]

    (d) When a Jacob's ladder is being used so that there is a danger of 
an employee falling or being crushed between the vessel, barge, or other 
structure (pier), suitable protection shall be provided.



Sec.  1918.24  Fixed and portable ladders.

    (a) There shall be at least one safe and accessible ladder for each 
gang working in a single hatch. An effective means of gaining a handhold 
shall be provided at or near the head of each vertical fixed ladder. No 
more than two ladders are required in any hatch regardless of the number 
of gangs present.
    (b) When any fixed ladder is visibly unsafe (or known to be unsafe), 
the employer shall identify such ladder and prohibit its use by 
employees.
    (c) Where portable straight ladders are used, they shall be of 
sufficient length to extend three feet (.91 m) above the upper landing 
surface, and be positively secured or held against shifting or slipping. 
When conditions are such that a straight ladder cannot be used, Jacob's 
ladders meeting the requirements of Sec.  1918.23 may be used.
    (d) For vessels built after July 16, 2001, when six inches (15.24 
cm) or more clearance does not exist behind the rungs of a fixed ladder, 
the ladder shall be deemed ``unsafe'' for the purposes of this section. 
Alternate means of access (for example, a portable ladder) must be used.
    (e)(1) Where access to or from a stowed deckload or other cargo is 
needed and no other safe means is available, ladders or steps of 
adequate strength shall be furnished and positively secured or held 
against shifting or slipping while in use. Steps formed by the cargo 
itself are acceptable when the employer demonstrates that the nature of 
the cargo and the type of stowage provides equivalent safe access.
    (2) Where portable straight ladders are used they shall be of 
sufficient length to extend at least three feet (.91 m) above the upper 
landing surface.
    (f) The following standards for existing manufactured portable 
ladders must be met:
    (1) Rungs of manufactured portable ladders obtained before January 
21, 1998 shall be capable of supporting a 200-pound (890 N) load without 
deformation.
    (2) Rungs shall be evenly spaced from nine to sixteen and one-half 
inches (22.9 to 41.9 cm), center to center.
    (3) Rungs shall be continuous members between rails. Each rung of a 
double-rung ladder (two side rails and a center rail) shall extend the 
full width of the ladder.
    (4) Width between side rails at the base of the ladder shall be at 
least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in 
overall length, and shall increase at least one-fourth inch (0.64 cm) 
for each additional two feet (0.61 m) of ladder length.
    (g) Portable manufactured ladders obtained after January 21, 1998 
shall bear identification showing that they meet the appropriate ladder 
construction requirements of the following standards:
    (1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders;
    (2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders;
    (3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced 
Plastic Ladders.
    (h) Job-made ladders shall:
    (1) Have a uniform distance between rungs of at least 12 inches 
(30.48cm) center to center;
    (2) Be capable of supporting a 250-pound (1,112 N) load without 
deformation; and
    (3) Have a minimum width between side rails of 12 inches (30.48 cm) 
for ladders 10 feet (3.05 m) or less in height. Width between rails 
shall increase at least one-fourth inch (0.64 cm) for each additional 
two feet (0.61 m) of ladder length.
    (i) The employer shall:
    (1) Maintain portable ladders in safe condition. Ladders with the 
following defects shall not be used, and shall either be tagged as 
unusable if kept on board, or shall be removed from the vessel:
    (i) Broken, split or missing rungs, cleats or steps;
    (ii) Broken or split side rails;
    (iii) Missing or loose bolts, rivets or fastenings;
    (iv) Defective ropes; or
    (v) Any other structural defect.

[[Page 291]]

    (2) Ladders shall be inspected for defects before each day's use, 
and after any occurrence, such as a fall, which could damage the ladder.
    (j) Ladders shall be used in the following manner:
    (1) Ladders shall be securely positioned on a level and firm base.
    (2) Ladders shall be fitted with slip-resistant bases and/or be 
positively secured or held in place to prevent slipping or shifting 
while in use.
    (3) Except for combination ladders, self-supporting ladders shall 
not be used as single straight ladders.
    (4) Unless intended for cantilever operation, non-self-supporting 
ladders shall not be used to climb above the top support point.
    (5) Ladders shall not be used:
    (i) As guys, braces or skids; or
    (ii) As platforms, runways or scaffolds.
    (6) Metal and wire-reinforced ladders (even with wooden side rails) 
shall not be used when employees on the ladder might contact energized 
electrical conductors.
    (7) Individual sections from different multi-sectional ladders or 
two or more single straight ladders shall not be tied or fastened 
together to achieve additional length.
    (8) Single rail ladders (i.e. made by fastening rungs or devices 
across a single rail) shall not be used.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



Sec.  1918.25  Bridge plates and ramps (See also Sec.  1918.86).

    (a) Bridge and car plates (dockboards). Bridge and car plates used 
afloat shall be well maintained and shall:
    (1) Be strong enough to support the loads imposed on them;
    (2) Be secured or equipped with devices to prevent their 
dislodgement;
    (3) Be equipped with hand holds or other effective means to permit 
safe handling; and
    (4) Be designed, constructed, and maintained to prevent vehicles 
from running off the edge. \3\
---------------------------------------------------------------------------

    \3\ When the gap to be bridged is greater than 36 inches (.91m), an 
acceptalbe means of preventing vehicles from running off the edge is a 
minimum side board height of two and three-quarter inches.
---------------------------------------------------------------------------

    (b) Portable ramps. Portable ramps used afloat shall be well 
maintained and shall:
    (1) Be strong enough to support the loads imposed on them;
    (2) Be equipped with a railing meeting the requirements of Sec.  
1918.21(b), if the slope is more than 20 degrees to the horizontal or if 
employees could fall more than four feet (1.22 m);
    (3) Be equipped with a slip resistant surface;
    (4) Be properly secured; and
    (5) Be designed, constructed, and maintained to prevent vehicles 
from running off the edge. \4\
---------------------------------------------------------------------------

    \4\ When the gap to be bridged is greater than 36 inches (.91m), an 
acceptable means of preventing vehicles from running off the edge is a 
minimum side board height of two and three-quarter inches.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



Sec.  1918.26  Access to barges and river towboats.

    (a) With the exception of Sec.  1918.25(b)(2), ramps used solely for 
vehicle access to or between barges shall meet the requirements of Sec.  
1918.25.
    (b) When employees cannot step safely to or from the wharf and a 
float, barge, or river towboat, either a ramp meeting the requirements 
of paragraph (a) of this section or a safe walkway meeting the 
requirements of Sec.  1918.22(f) shall be provided. When a ramp or 
walkway cannot be used, a straight ladder meeting the requirements of 
Sec.  1918.24 and extending at least three feet (.91 m) above the upper 
landing surface and adequately secured or held against shifting or 
slipping shall be provided. When neither a walkway nor a straight ladder 
can be used, a Jacob's ladder meeting the requirements of Sec.  1918.23 
shall be provided. Exception: For barges operating on the Mississippi 
River System, where the employer shows that these requirements cannot 
reasonably be met due to local conditions, other safe means of access 
shall be provided.
    (c) When a barge or raft is being worked alongside a larger vessel, 
a Jacob's ladder meeting the requirements of Sec.  1918.23 shall be 
provided for each

[[Page 292]]

gang working alongside unless other safe means of access is provided. 
However, no more than two Jacob's ladders are required for any single 
barge or raft being worked.
    (d) When longshoring operations are in progress on barges, the 
barges shall be securely made fast to the vessel, wharf, or dolphins.



                       Subpart D_Working Surfaces



Sec.  1918.31  Hatch coverings.

    (a) No cargo, dunnage, or other material shall be loaded or unloaded 
by means requiring the services of employees at any partially opened 
intermediate deck unless either the hatch at that deck is sufficiently 
covered or an adequate landing area suitable for the prevailing 
conditions exists. In no event shall such work be done unless the 
working area available for such employees extends for a distance of 10 
feet (3.05 m) or more fore and aft and athwartships.
    (b) Cargo shall not be landed on or handled over a covered hatch or 
'tween-decks unless all hatch beams are in place under the hatch covers.
    (c) Missing, broken, or poorly fitting hatch covers that would not 
protect employees shall be reported at once to the officer in charge of 
the vessel. Pending replacement or repairs by the vessel, work shall not 
be performed in the section containing the unsafe covers or in adjacent 
sections unless the flooring is made safe.
    (d) Hatch covers and hatch beams not of uniform size shall be placed 
only in the hatch, deck, and section in which they fit properly.
    (e) Small trimming hatches in intermediate decks shall be securely 
covered or guarded while work is going on in the hatch in which they are 
found, unless they are actually in use.



Sec.  1918.32  Stowed cargo and temporary landing surfaces.

    (a) Temporary surfaces on which loads are to be landed shall be of 
sufficient size and strength to permit employees to work safely.
    (b) When the edge of a hatch section or of stowed cargo may 
constitute a fall hazard to an employee, the edge shall be guarded by a 
vertical safety net, or other means providing equal protection, to 
prevent an employee from falling. When the employer can demonstrate that 
vertical nets or other equally effective means of guarding cannot be 
used due to the type of cargo, cargo stowage, or other circumstances, a 
trapeze net shall be rigged at the top edge of the elevation or other 
means shall be taken to prevent injury if an employee falls. Safety nets 
shall be maintained in good condition and be of adequate strength for 
the purpose intended.
    (c) When two gangs are working in the same hatch on different 
levels, a vertical safety net shall be rigged and securely fastened to 
prevent employees or cargo from falling. Safety nets shall be maintained 
in good condition and be of adequate strength for the purpose intended.



Sec.  1918.33  Deck loads.

    (a) Employees shall not be permitted to pass over or around deck 
loads unless there is a safe route of passage.
    (b) Employees giving signals to crane operators shall not be 
permitted to walk over deck loads from rail to coaming unless there is a 
safe route of passage. If it is necessary to stand or walk at the 
outboard or inboard edge of the deck load having less than 24 inches 
(.61 m) of bulwark, rail, coaming, or other protection, those employees 
shall be provided with protection against falling from the deck load.



Sec.  1918.34  Other decks.

    (a) Cargo shall not be worked on decks that were not designed to 
support the load being worked.
    (b) Grated decks shall be properly placed, supported, maintained and 
designed to support employees.



Sec.  1918.35  Open hatches.

    Open weather deck hatches around which employees must work that are 
not protected to a height of 24 inches (.61 m) by coamings shall be 
guarded by taut lines or barricades at a height of 36 to 42 inches (.91 
to 1.07 m) above the deck, except on the side on which cargo is being 
worked. Any portable stanchions or uprights used shall be supported or 
secured to prevent accidental dislodgement.

[[Page 293]]



Sec.  1918.36  Weather deck rails.

    Removable weather deck rails shall be kept in place except when 
cargo operations require them to be removed, in which case they shall be 
replaced as soon as such cargo operations are completed.



Sec.  1918.37  Barges.

    (a) Walking shall be prohibited along the sides of covered lighters 
or barges with coamings or cargo more than five feet (1.52 m) high 
unless a three-foot (.91 m) clear walkway or a grab rail or taut 
handline is provided.
    (b) Walking or working shall be prohibited on the decks of barges to 
be loaded unless the walking or working surfaces have been determined by 
visual inspection to be structurally sound and maintained properly. If, 
while discharging a barge, an unsound deck surface is discovered, work 
shall be discontinued and shall not be resumed until means have been 
taken to ensure a safe work surface.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



                  Subpart E_Opening and Closing Hatches



Sec.  1918.41  Coaming clearances.

    (a) Weather decks. If a deck load (such as lumber or other smooth 
sided deck cargo) more than five feet (1.52 m) high is stowed within 
three feet (.91 m) of the hatch coaming and employees handling hatch 
beams and hatch covers are not protected by a coaming at least 24-inch 
(.61 m) high, a taut handline shall be provided along the side of the 
deckload. The requirements of Sec.  1918.35 are not intended to apply in 
this situation.
    (b) Intermediate decks. (1) There shall be a three-foot (.91 m) 
working space between the stowed cargo and the coaming at both sides and 
at one end of the hatches with athwartship hatch beams, and at both ends 
of those hatches with fore and aft hatch beams, before intermediate deck 
hatch covers and hatch beams are removed or replaced. Exception: The 
three-foot (.91 m) clearance is not required on the covered portion of a 
partially open hatch, nor is it required when lower decks have been 
filled to hatch beam height with cargo of such a nature as to provide a 
safe surface upon which employees may work.
    (2) For purposes of paragraph (b)(1) of this section, fitted 
gratings that are in good condition shall be considered a part of the 
decking when properly placed within the three-foot (.91 m) area.
    (c) Grab rails or taut handlines shall be provided for the 
protection of employees handling hatch beams and hatch covers, when 
bulkheads, lockers, reefer compartments or large spare parts are within 
three feet (.91 m) of the coaming.
    (d) The clearances in this section do not apply to hatches opened or 
closed solely by hydraulic or other mechanical means; except that, in 
all cases in which the three-foot (.91 m) clearance does not exist, 
cargo that is stowed within three feet (.91 m) of the edge of the hatch 
shall be adequately secured to prevent cargo from falling into the hold.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



Sec.  1918.42  Hatch beam and pontoon bridles.

    (a) Hatch beam and pontoon bridles shall be:
    (1) Long enough to reach the holes, rings, or other lifting 
attachments on the hatch beams and pontoons easily;
    (2) Of adequate strength to lift the load safely; and
    (3) Properly maintained, including covering or blunting of 
protruding ends in wire rope splices.
    (b) Bridles for lifting hatch beams shall be equipped with toggles, 
shackles, or hooks, or other devices of such design that they cannot 
become accidentally dislodged from the hatch beams with which they are 
used. Hooks other than those described in this section may be used only 
when they are hooked into the standing part of the bridle. Toggles, when 
used, shall be at least one inch (2.54 cm) longer than twice the largest 
diameter of the holes into which they are placed.
    (c) Bridles used for lifting pontoons and plugs shall have the 
number of legs required by the design of the pontoon or plug, and all of 
which shall be used.

[[Page 294]]

Where any use of a bridle requires fewer than the number of legs 
provided, idle legs shall be hung on the hook or ring, or otherwise 
prevented from swinging free.
    (d) At least two legs of all strongback and pontoon bridles shall be 
equipped with a lanyard at least eight feet (2.44 m) long and in good 
condition. The bridle end of the lanyard shall be of chain or wire.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



Sec.  1918.43  Handling hatch beams and covers.

    Paragraphs (f)(2), (g), and (h) of this section apply only to 
folding, sliding, or hinged metal hatch covers or to those hatch covers 
handled by cranes.
    (a) (1) When hatch covers or pontoons are stowed on the weather deck 
abreast of hatches, they shall be arranged in stable piles not closer to 
the hatch coaming than three feet (.91 m). Exception: On the working 
side of the hatch, hatch covers or pontoons may be spread one high 
between the coaming and bulwark with no space between them, provided the 
height of the hatch coaming is no less than 24 inches (.61 m). Under no 
circumstances shall hatch covers or pontoons be stacked higher than the 
hatch coaming or bulwark on the working side of the hatch.
    (2) On seagoing vessels, hatch boards or similar covers removed from 
the hatch beams in a section of partially opened hatch during cargo 
handling, cleaning or other operations shall not be stowed on the boards 
or covers left in place within that section.
    (b) Hatch beams shall be laid on their sides, or stood on an edge 
close together and lashed. Exception: This paragraph (b) shall not apply 
in cases where hatch beams are of such design that:
    (1) The width of the flange is 50 percent or more of the height of 
the web; and
    (2) The flange rests flat on the deck when the hatch beam is stood 
upright.
    (c) Strongbacks, hatch covers, and pontoons removed from hatch 
openings and placed on the weather deck shall not obstruct clear fore-
and-aft or coaming-to-bulwark passageways and shall be lashed or 
otherwise secured to prevent accidental dislodgement. Dunnage or other 
suitable material shall be used under and between tiers of strongbacks 
and pontoons to prevent them from sliding when stowed on steel decks.
    (d) Hatch covers unshipped in an intermediate deck shall be placed 
at least three feet (.91 m) from the coaming or they shall be removed to 
another deck. Strongbacks unshipped in an intermediate deck shall not be 
placed closer than six inches (15.24 cm) from the coaming and, if placed 
closer than three feet (.91 m), shall be secured so that they cannot be 
tipped or dragged into a lower compartment. If such placement or 
securement is not possible, strongbacks shall be removed to another 
deck.
    (e) Any hatch beam or pontoon left in place next to an open hatch 
section being worked shall be locked or otherwise secured, so that it 
cannot be accidentally displaced. All portable, manually handled hatch 
covers, including those bound together to make a larger cover, shall be 
removed from any working section, and adjacent sections, unless securely 
lashed.
    (f)(1) The roller hatch beam at the edge of the open section of the 
hatch shall be lashed or pinned back so that it cannot be moved toward 
the open section.
    (2) Rolling, sectional or telescopic hatch covers of barges that 
open in a fore and aft direction shall be secured against unintentional 
movement while in the open position.
    (g) Hinged or folding hatch covers normally stowed in an 
approximately vertical position shall be positively secured when in the 
upright position, unless the design of the system otherwise prevents 
unintentional movement.
    (h) Hatches shall not be opened or closed while employees are in the 
square of the hatch below.
    (i) All materials such as dunnage, lashings, twist locks, or 
stacking cones shall be removed from the hatch cover or be secured to 
prevent them from falling off the cover before the hatch cover is moved.
    (j) When a hatch is to be covered, hatch covers or night tents shall 
be used. Any covering that only partially covers the hatch, such as 
alternate

[[Page 295]]

hatch covers or strips of dunnage, shall not be covered by a tarpaulin. 
Exception: A tarpaulin may be used to cover an open or partially open 
hatch to reduce dust emissions during bulk cargo loading operations, if 
positive means are taken to prevent employees from walking on the 
tarpaulin.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



                 Subpart F_Vessel's Cargo Handling Gear



Sec.  1918.51  General requirements (See also Sec.  1918.11 and 
appendix III of this part).

    (a) The safe working load specified in the cargo gear certification 
papers or marked on the booms shall not be exceeded. Any limitations 
imposed by the certificating authority shall be followed.
    (b) All components of cargo handling gear, including tent gantlines 
and associated rigging, shall be inspected by the employer or a 
designated person before each use and at appropriate intervals during 
use. Any gear that is found unsafe shall not be used until it is made 
safe.
    (c) The employer shall determine the load ratings shown on the 
vessel's wire rope certificates for all wire rope and wire rope slings 
comprising part of ship's gear and shall observe these load ratings.
    (d) The following limitations shall apply to the use of wire rope as 
a part of the ship's cargo handling gear:
    (1) Eye splices in wire ropes shall have at least three tucks with a 
whole strand of the rope and two tucks with one-half of the wire cut 
from each strand. Other forms of splices or connections that the 
employer demonstrates will provide the same level of safety may be used;
    (2) Except for eye splices in the ends of wires, each wire rope used 
in hoisting or lowering, in guying derricks, or as a topping lift, 
preventer, segment of a multi-part preventer, or pendant, shall consist 
of one continuous piece without knot or splice; and
    (3) Wire rope and wire rope slings exhibiting any of the defects or 
conditions specified in Sec.  1918.62(b)(3)(i) through (vi) shall not be 
used.
    (e) Natural and synthetic fiber rope slings exhibiting any of the 
defects or conditions specified in Sec.  1918.62(e) (1) through (7) 
shall not be used.
    (f) Synthetic web slings exhibiting any of the defects or conditions 
specified in Sec.  1918.62(g)(2)(i) through (vi) shall not be used.
    (g) Chains, including slings, exhibiting any of the defects or 
conditions specified in Sec.  1918.62 (h)(3) (iii), (iv), or (h)(6) 
shall not be used.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



Sec.  1918.52  Specific requirements.

    (a) Preventers. (1) When preventers are used they shall be of 
sufficient strength for the intended purpose. They shall be secured to 
the head of the boom independent of working guys unless, for cast 
fittings, the strength of the fitting exceeds the total strength of all 
lines secured to it. Any tails, fittings, or other means of making the 
preventers fast on the deck shall provide strength equal to that of the 
preventer itself.
    (2) Wire rope clips or knots shall not be used to form eyes in, nor 
to join sections of, preventer guys.
    (b) Stoppers. (1) Chain topping lift stoppers shall be in good 
condition, equipped with fiber tails, and long enough to allow not fewer 
than three half-hitches in the chain.
    (2) Chain stoppers shall be shackled or otherwise secured so that 
their links are not bent by being passed around fittings. The point of 
attachment shall be of sufficient strength and so placed that the 
stoppers are in line with the normal topping lift lead at the time the 
stopper is applied.
    (3) Patent stoppers of the clamp type shall be appropriate for the 
size of the rope used. Clamps shall be in good condition and free of any 
substance that would prevent their being drawn tight.
    (c) Falls. (1) The end of the winch fall shall be secured to the 
drum by clamps, U-bolts, shackles, or other equally strong methods. 
Fiber rope fastenings shall not be used.
    (2) Winch falls shall not be used with fewer than three turns on the 
winch drum.
    (3) Eyes in the ends of wire rope cargo falls shall not be formed by

[[Page 296]]

knots and, in single part falls, shall not be formed by wire rope clips.
    (4) When the design of the winch permits, the fall shall be wound on 
the drum so that the cargo hook rises when the winch control lever is 
pulled back and lowers when the lever is pushed forward.
    (d) Heel blocks. (1) When an employee works in the bight formed by 
the heel block, a preventer at least three-quarters of an inch (1.91 cm) 
in diameter wire rope shall be securely rigged, or equally effective 
means shall be taken, to hold the block and fall if the heel block 
attachments fail. Where physical limitations prohibit the fitting of a 
wire rope preventer of the required size, two turns of a one-half inch 
(1.27 cm) diameter wire rope shall be sufficient.
    (2) If the heel block is not so rigged as to prevent its falling 
when not under strain, it shall be secured to prevent alternate raising 
and dropping of the block. This requirement shall not apply when the 
heel block is at least 10 feet (3.05 m) above the deck when at its 
lowest point.
    (e) Coaming rollers. Portable coaming rollers shall be secured by 
wire preventers in addition to the regular coaming clamps.
    (f) Cargo hooks. Cargo hooks shall be as close to the junction of 
the falls as the assembly permits, but never farther than two feet (.61 
m) from it. Exception: This provision shall not apply when the 
construction of the vessel and the operation in progress are such that 
fall angles are less than 120 degrees. Overhaul chains shall not be 
shortened by bolting or knotting.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]



Sec.  1918.53  Cargo winches.

    (a) Moving parts of winches and other deck machinery shall be 
guarded.
    (b) Winches shall not be used if control levers operate with 
excessive friction or excessive play.
    (c) Double gear winches or other winches equipped with a clutch 
shall not be used unless a positive means of locking the gear shift is 
provided.
    (d) There shall be no load other than the fall and cargo hook 
assembly on the winch when changing gears on a two-gear winch.
    (e) Any defect or malfunction of winches that could endanger 
employees shall be reported immediately to the officer in charge of the 
vessel, and the winch shall not be used until the defect or malfunction 
is corrected.
    (f) Temporary seats and shelters for winch drivers that create a 
hazard to the winch operator or other employees shall not be used.
    (g) Except for short handles on wheel type controls, winch drivers 
shall not be permitted to use winch control extension levers unless they 
are provided by either the ship or the employer. Such levers shall be of 
adequate strength and securely fastened with metal connections at the 
fulcrum and at the permanent control lever.
    (h) Extension control levers that tend to fall due to their own 
weight shall be counterbalanced.
    (i) Winch brakes shall be monitored during use. If winch brakes are 
unable to hold the load, the winch shall be removed from service.
    (j) Winches shall not be used when one or more control points, 
either hoisting or lowering, are not operating properly. Only authorized 
personnel shall adjust control systems.
    (k) When winches are left unattended, control levers shall be placed 
in the neutral position and the power shall be shut off or control 
levers shall be locked at the winch or the operating controls.



Sec.  1918.54  Rigging gear.

    (a) Guy and preventer placement. Each guy or preventer shall be 
placed to prevent it from making contact with any other guy, preventer, 
or stay.
    (b) Guys. When alternate positions for securing guys are provided, 
the guys shall be so placed as to produce a minimum stress and not 
permit the boom to jackknife.
    (c) Boom placement. The head of the midship boom shall be spotted no 
farther outboard of the coaming than is necessary for control of the 
load.
    (d) Preventers. (1) Preventers shall be properly secured to suitable 
fittings other than those to which the guys are secured, and shall be as 
nearly parallel to the guys as the fittings will permit.

[[Page 297]]

    (2) Unless the cleat is also a chock and the hauling part is led 
through the chock opening, the leads of preventers to cleats shall be 
such that the direction of the line pull of the preventer is as parallel 
as possible to the plane of the surface on which the cleat is mounted.
    (3) Guys and associated preventers shall be adjusted to share the 
load as equally as possible where cargo operations are being conducted 
by burtoning. Exception: Where guys are designed and intended for 
trimming purposes only, and the preventer is intended to do the function 
of the guy, the guy may be left slack.
    (e) Cargo falls. Cargo falls under load shall not be permitted to 
chafe on any standing or other running rigging. Exception: Rigging shall 
not be construed to mean hatch coamings or other similar structural 
parts of the vessel.
    (f) Bull wire. (1) Where a bull wire is taken to a winch head for 
lowering or topping a boom, the bull wire shall be secured to the winch 
head by shackle or other equally strong method. Securing by fiber rope 
fastening does not meet this requirement.
    (2) When, in lowering or topping a boom, it is not possible to 
secure the bull wire to the winch head, or when the topping lift itself 
is taken to the winch head, at least five turns of wire shall be used.
    (g) Trimming and deckloads. When deck loads extend above the rail 
and there is less than 12 inches (30.48 cm) horizontal clearance between 
the edge of the deck load and the inside of the bulwark or rail, a 
pendant or other alternate device shall be provided to allow trimming of 
the gear and to prevent employees from going over the side.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]



Sec.  1918.55  Cranes (See also Sec.  1918.11).

    The following requirements shall apply to the use of cranes forming 
part of a vessel's permanent equipment.
    (a) Defects. Cranes with a visible or known defect that affects safe 
operation shall not be used. Defects shall be reported immediately to 
the officer in charge of the vessel.
    (b) Operator's station. (1) Cranes with missing, broken, cracked, 
scratched, or dirty glass (or equivalent) that impairs operator 
visibility shall not be used.
    (2) Clothing, tools and equipment shall be stored so as not to 
interfere with access, operation or the operator's view.
    (c) Cargo operations. (1) Accessible areas within the swing radius 
of the body of a revolving crane or within the travel of a shipboard 
gantry crane shall be physically guarded or other equally effective 
means shall be taken during operations to prevent an employee from being 
caught between the body of the crane and any fixed structure, or between 
parts of the crane. Verbal warnings to employees to avoid the dangerous 
area do not meet this requirement.
    (2) Limit switch bypass systems shall be secured during all cargo 
operations. Such bypass systems shall not be used except in an emergency 
or during non-cargo handling operations such as stowing cranes or 
derricks or performing repairs. Any time a bypass system is used, it 
shall be done only under the direction of an officer of the vessel.
    (3) Under all operating conditions, at least three full turns of 
rope shall remain on ungrooved drums, and two full turns on grooved 
drums.
    (4) Crane brakes shall be monitored during use. If crane brakes are 
unable to hold the load, the crane shall not be used.
    (5) Cranes shall not be used if control levers operate with 
excessive friction or excessive play.
    (6) When cranes are equipped with power down capability, there shall 
be no free fall of the gear when a load is attached.
    (7) When two or more cranes hoist a load in unison, a designated 
person shall direct the operation and instruct personnel in positioning, 
rigging of the gear and movements to be made.
    (d) Unattended cranes. When cranes are left unattended between work 
periods, Sec.  1918.66(b) (4)(i) through (v) shall apply.

[[Page 298]]



   Subpart G_Cargo Handling Gear and Equipment Other Than Ship's Gear



Sec.  1918.61  General (See also appendix IV of this part).

    (a) Employer provided gear inspection. All gear and equipment 
provided by the employer shall be inspected by the employer or 
designated person before each use and, when appropriate, at intervals 
during its use, to ensure that it is safe. Any gear that is found upon 
such inspection to be unsafe shall not be used until it is made safe.
    (b) Safe working load. (1) The safe working load of gear as 
specified in Sec. Sec.  1918.61 through 1918.66 shall not be exceeded.
    (2) All cargo handling gear provided by the employer with a safe 
working load greater than five short tons (10,000 lbs. or 4.54 metric 
tons) shall have its safe working load plainly marked on it.
    (c) Gear weight markings. The weight shall be plainly marked on any 
article of stevedoring gear hoisted by ship's gear and weighing more 
than 2,000 lbs. (.91 metric tons).
    (d) Certification. The employer shall not use any material handling 
device listed in paragraphs (f) and (g) of this section until the device 
has been certificated, as evidenced by current and valid documents 
attesting to compliance with the requirements of paragraph (e) of this 
section.
    (e) Certification procedures. Each certification required by this 
section shall be performed in accordance with part 1919 of this chapter, 
by a person then currently accredited by OSHA as provided in that part.
    (f) Special gear. (1) Special stevedoring gear provided by the 
employer, the strength of which depends upon components other than 
commonly used stock items such as shackles, ropes, or chains, and that 
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs 
or 4.54 metric tons) shall be inspected and tested as a unit before 
initial use (see Table A in paragraph (f)(2) of this section). In 
addition, any special stevedoring gear that suffers damage necessitating 
structural repair shall be inspected and retested after repair and 
before being returned to service.
    (2) Special stevedoring gear provided by the employer that has a SWL 
of five short tons (10,000 lbs. or 4.54 metric tons) or less shall be 
inspected and tested as a unit before initial use according to 
paragraphs (d) and (e) of this section or by a designated person (see 
Table A in this paragraph (f)(2)).

                                 Table A
------------------------------------------------------------------------
             Safe working load                       Proof load
------------------------------------------------------------------------
Up to 20 short tons (18.1 metric tons)....  25 percent in excess.
From 20 through 50 short tons (18.1 to      5 short tons in excess
 45.4 metric tons).
Over 50 short tons (45.4 metric tons).....  10 percent in excess
------------------------------------------------------------------------

    (g) Every spreader that is not a part of ship's gear and is used for 
handling intermodal containers shall be inspected and tested before 
initial use to a proof load equal to 25 percent greater than its rated 
capacity. In addition, any spreader that suffers damage necessitating 
structural repair shall be inspected and retested after repair and 
before being returned to service.
    (h) All cargo handling gear covered by this section with a SWL 
greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be 
proof load tested according to Table A in paragraph (f) or paragraph 
(g), as applicable, of this section every four years and in accordance 
with paragraphs (d) and (e) of this section or by a designated person.
    (i) Certificates and inspection and test records attesting to the 
tests required by this section shall be available for inspection.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]



Sec.  1918.62  Miscellaneous auxiliary gear.

    (a) Routine inspection. (1) At the completion of each use, loose 
gear such as slings, chains, bridles, blocks and hooks shall be so 
placed as to avoid damage to the gear. Loose gear shall be inspected and 
any defects corrected before reuse.
    (2) Defective gear, as defined by the manufacturers' specifications 
(when available), shall not be used. Distorted hooks, shackles or 
similar gear shall be discarded.


[[Page 299]]


    Note to paragraph (a): When manufacturers' specifications are not 
available to determine whether gear is defective, the employer shall use 
the appropriate paragraphs of this section to make these determinations.

    (b) Wire rope and wire rope slings. (1) The employer shall follow 
the manufacturers' recommended ratings for wire rope and wire rope 
slings provided for use aboard ship, and shall have such ratings 
available for inspection. When the manufacturer is unable to supply such 
ratings, the employer shall use the tables for wire rope and wire rope 
slings found in appendix II to this part. A design safety factor of at 
least five shall be maintained for the common sizes of running wire used 
as falls in purchases, or in such uses as light load slings.
    (2) Wire rope with a safety factor of less than five may be used 
only as follows:
    (i) In specialized equipment, such as cranes, designed to be used 
with lesser wire rope safety factors;
    (ii) According to design factors in standing rigging applications; 
or
    (iii) For heavy lifts or other purposes for which a safety factor of 
five is not feasible and for which the employer can show that equivalent 
safety is ensured.
    (3) Wire rope or wire rope slings provided by the employer and 
having any of the following conditions shall not be used:
    (i) Ten randomly distributed broken wires in one rope lay or three 
or more broken wires in one strand in one rope lay;
    (ii) Kinking, crushing, bird caging or other damage resulting in 
distortion of the wire rope structure;
    (iii) Evidence of heat damage;
    (iv) Excessive wear or corrosion, deformation or other defect in the 
wire or attachments, including cracks in attachments;
    (v) Any indication of strand or wire slippage in end attachments; or
    (vi) More than one broken wire close to a socket or swaged fitting.
    (4) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted. Coverings shall be removable so that 
splices can be examined. Means used to cover or blunt ends shall not 
damage the wire.
    (5) Where wire rope clips are used to form eyes, the employer shall 
follow the manufacturers' recommendations, which shall be available for 
inspection. If ``U'' bolt clips are used and the manufacturers' 
recommendations are not available, table 1 of appendix II to this part 
shall be used to determine the number and spacing of clips. ``U'' bolts 
shall be applied with the ``U'' section in contact with the dead end of 
the rope.
    (6) Wire rope shall not be secured by knotting.
    (7) Eyes in wire rope bridles, slings, bull wires, or in single 
parts used for hoisting shall not be formed by wire rope clips or knots.
    (8) Eye splices in wire ropes shall have at least three tucks with a 
whole strand of the rope, and two tucks with one-half of the wire cut 
from each strand. Other forms of splices or connections that the 
employer demonstrates to be equivalently safe may be used.
    (9) Except for eye splices in the ends of wires and endless rope 
slings, each wire rope used in hoisting or lowering, or bulling cargo, 
shall consist of one continuous piece without knot or splice.
    (c) Natural fiber rope. (1) The employer shall follow the 
manufacturers' recommended ratings for natural fiber rope and natural 
fiber rope slings provided for use aboard ship, and shall have such 
ratings available for inspection.
    (2) If the manufacturers' recommended ratings and use 
recommendations are unavailable, the employer shall use table 2 of 
appendix II to this part to determine safe working loads of natural 
fiber rope slings comprising part of pre-slung drafts.
    (3) Eye splices shall consist of at least three full tucks. Short 
splices shall consist of at least six tucks, three on each side of the 
centerline.
    (d) Synthetic rope. (1) The employer shall follow the manufacturers' 
ratings and use recommendations for the specific synthetic fiber rope 
and synthetic fiber rope slings provided for use aboard ship, and shall 
have such ratings available for inspection.

[[Page 300]]

    (2) If the manufacturers' recommended ratings and use 
recommendations are unavailable, tables 3A and B of appendix II to this 
part shall be used to determine the safe working load of synthetic fiber 
rope and of synthetic rope slings that comprise this part of pre-slung 
drafts.
    (3)(i) Unless otherwise recommended by the manufacturer, when 
synthetic fiber ropes are substituted for fiber ropes of less than three 
inches (7.62 cm) in circumference, the substitute shall be of equal 
size. Where substituted for fiber rope of three inches or more in 
circumference, the size of the synthetic rope shall be determined from 
the formula:
[GRAPHIC] [TIFF OMITTED] TR30JN00.071

Where C = the required circumference of the synthetic rope in inches, 
          Cs= the circumference to the nearest one-quarter inch of a 
          synthetic rope having a breaking strength not less than that 
          of the size fiber rope that is required by paragraph (c) of 
          this section and Cm = the circumference of the fiber rope in 
          inches that is required by paragraph (c) of this section.

    (ii) In making such substitution, it shall be ascertained that the 
inherent characteristics of the synthetic fiber are suitable for 
hoisting.
    (e) Removal of natural and synthetic rope from service. Natural and 
synthetic rope having any of the following defects shall be removed from 
service:
    (1) Abnormal or excessive wear including heat and chemical damage;
    (2) Powdered fiber between strands;
    (3) Sufficient cut or broken fibers to affect the capability of the 
rope;
    (4) Variations in the size or roundness of strands;
    (5) Discolorations other than stains not associated with rope 
damage;
    (6) Rotting; or
    (7) Distortion or other damage to attached hardware.
    (f) Thimbles. Properly fitting thimbles shall be used when any rope 
is secured permanently to a ring, shackle or attachment, where 
practicable.
    (g) Synthetic web slings. (1) Slings and nets or other combinations 
of more than one piece of synthetic webbing assembled and used as a 
single unit (synthetic web slings) shall not be used to hoist loads 
greater than the sling's rated capacity.
    (2) Synthetic web slings shall be removed from service if they 
exhibit any of the following defects:
    (i) Acid or caustic burns;
    (ii) Melting or charring of any part of the sling surface;
    (iii) Snags, punctures, tears or cuts;
    (iv) Broken or worn stitches;
    (v) Distortion or damage to fittings; or
    (vi) Display of visible warning threads or markers designed to 
indicate excessive wear or damage.
    (3) Defective synthetic web slings removed from service shall not be 
returned to service unless repaired by a sling manufacturer or an entity 
of similar competence. Each repaired sling shall be proof tested by the 
repairer to twice the sling's rated capacity before its return to 
service. The employer shall retain a certificate of the proof test and 
make it available for inspection.
    (4) Synthetic web slings provided by the employer shall only be used 
according to the manufacturers' use recommendations, which shall be 
available.
    (5) Fittings shall have a breaking strength at least equal to that 
of the sling to which they are attached and shall be free of sharp 
edges.
    (h) Chains and chain slings used for hoisting. (1) The employer 
shall follow the manufacturers' recommended ratings for safe working 
loads for the size of wrought iron and alloy steel chains and chain 
slings and shall have such ratings available for inspection. When the 
manufacturer does not provide such ratings, the employer shall use table 
4A of appendix II to this part to determine safe working loads for alloy 
steel chains and chain slings only.
    (2) Proof coil steel chain, also known as common or hardware chain, 
and other chain not recommended by the manufacturer for slinging or 
hoisting shall not be used for slinging or hoisting.
    (3)(i) Sling chains, including end fastenings, shall be inspected 
for visible defects before each day's use and as often as necessary 
during use to ensure integrity of the sling.

[[Page 301]]

    (ii) Thorough inspections of chains in use shall be made quarterly 
to detect wear, defective welds, deformation or increase in length or 
stretch. The month of inspection shall be shown on each chain by color 
of paint on a link or by other equally effective means.
    (iii) Chains shall be removed from service when maximum allowable 
wear, as indicated in table 4B of appendix II to this part, is reached 
at any point of a link.
    (iv) Chain slings shall be removed from service when stretch has 
increased the length of a measured section by more than 5 percent; when 
a link is bent, twisted or otherwise damaged; or when a link has a 
raised scarf or defective weld.
    (v) Only designated persons shall inspect chains used for slinging 
and hoisting.
    (4) Chains shall only be repaired by a designated person. Links or 
portions of a chain defective under any of the criteria of paragraph 
(h)(3)(iv) of this section shall be replaced with properly dimensioned 
links or connections of material similar to that of the original chain. 
Before repaired chains are returned to service, they shall be tested to 
the proof test load recommended by the manufacturer for the original 
chain. Tests shall be done by the manufacturer or shall be certified by 
an agency accredited for the purpose under part 1919 of this chapter. 
Test certificates shall be available for inspection.
    (5)(i) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding six months. Heat treatment 
certificates shall be available for inspection. Alloy chains shall not 
be annealed.
    (ii) Any part of a lifting appliance or item of loose gear installed 
after January 21, 1998 shall not be manufactured of wrought iron.
    (6) Kinked or knotted chains shall not be used for lifting. Chains 
shall not be shortened by bolting, wiring or knotting. Makeshift links 
or fasteners such as wire, bolts or rods shall not be used.
    (7) Hooks, rings, links and attachments affixed to sling chains 
shall have rated capacities at least equal to those of the chains to 
which they are attached.
    (8) Chain slings shall bear identification of size, grade and rated 
capacity.
    (i) Shackles. (1) If the manufacturers' recommended safe working 
loads for shackles are available, they shall not be exceeded. If the 
manufacturers' recommendations are not available, table 5 of appendix II 
to this part shall apply.
    (2) Screw pin shackles provided by the employer and used aloft, 
except in cargo hook assemblies, shall have their pins positively 
secured.
    (j) Hooks other than hand hooks. (1) The manufacturer's recommended 
safe working loads for hooks shall not be exceeded. Hooks other than 
hand hooks shall be tested before initial use in accordance with the 
provisions of Sec.  1919.31 (a), (c), and (d) of this chapter. 
Exception: Manufacturers' test certificates indicating performance to 
the criteria in Sec.  1919.31 (a), (c) and (d) of this chapter shall be 
acceptable.
    (2) Bent or sprung hooks shall be discarded.
    (3) Teeth of case hooks shall be maintained in safe condition.
    (4) Jaws of patent clamp-type plate hooks shall be maintained in 
condition to grip plates securely.
    (5) Loads shall be applied to the throat of the hook only.
    (k) Pallets. (1) Pallets shall be made and maintained to support and 
carry loads being handled safely. Fastenings of reusable pallets used 
for hoisting shall be bolts and nuts, drive screws (helically threaded 
nails), annular threaded nails or fastenings of equivalent holding 
strength.
    (2) Reusable wing or lip-type pallets shall be hoisted by bar 
bridles or other suitable gear and shall have an overhanging wing or lip 
of at least three inches (7.6 cm). They shall not be hoisted by wire 
slings alone.
    (3) Loaded pallets that do not meet the requirements of this 
paragraph shall be hoisted only after being placed on pallets meeting 
such requirements, or shall be handled by other means providing 
equivalent safety.
    (4) Bridles for handling flush end or box-type pallets shall be 
designed to prevent disengagement from the pallet under load.

[[Page 302]]

    (5) Pallets shall be stacked or placed to prevent falling, 
collapsing or otherwise causing a hazard under standard operating 
conditions.
    (6) Disposable pallets intended only for one use shall not be reused 
for hoisting.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]



Sec.  1918.63  Chutes, gravity conveyors and rollers.

    (a) Chutes shall be of adequate length and strength to support the 
conditions of use, and shall be free of splinters and sharp edges.
    (b) When necessary for the safety of employees, chutes shall be 
equipped with sideboards to afford protection from falling objects.
    (c) When necessary for the safety of employees, provisions shall be 
made for stopping objects other than bulk commodities at the delivery 
end of the chute.
    (d) Chutes and gravity conveyor roller sections shall be firmly 
placed and secured to prevent displacement, shifting, or falling.
    (e) Gravity conveyors shall be of sufficient strength to support the 
weight of materials placed upon them safely. Conveyor rollers shall be 
installed in a way that prevents them from falling or jumping out of the 
frame.
    (f) Frames shall be kept free of burrs and sharp edges.



Sec.  1918.64  Powered conveyors.

    (a) Emergency stop. Readily accessible stop controls shall be 
provided for use in an emergency. Whenever the operation of any power 
conveyor requires personnel to work close to the conveyor, the conveyor 
controls shall not be left unattended while the conveyor is in 
operation.
    (b) Guarding. All conveyor and trimmer drives that create a hazard 
shall be adequately guarded.
    (c) Approved for location. Electric motors and controls on conveyors 
and trimmers used to handle grain and exposed to grain dust shall be of 
a type approved by a nationally recognized testing laboratory for use in 
Class II, Division I locations. (See Sec.  1910.7 of this chapter.)
    (d) Grain trimmer control box. Each grain trimmer shall have a 
control box on the weather deck close to the spout feeding the trimmer.
    (e) Grain trimmer power cable. Power cables between the deck control 
box and the grain trimmer shall be used only in continuous lengths 
without splice or tap between connections.
    (f) Portable conveyors. Portable conveyors shall be stable within 
their operating ranges. When used at variable fixed levels, the unit 
shall be secured at the operating level.
    (g) Delivery and braking. When necessary for the safety of 
employees, provisions shall be made for braking objects at the delivery 
end of the conveyor.
    (h) Electric brakes. Conveyors using electrically released brakes 
shall be constructed so that the brakes cannot be released until power 
is applied and the brakes are automatically engaged if the power fails 
or the operating control is returned to the ``stop'' position.
    (i) Starting powered conveyors. Powered conveyors shall not be 
started until all employees are clear of the conveyor or have been 
warned that the conveyor is about to start up.
    (j) Loading and unloading. The area around conveyor loading and 
unloading points shall be kept clear of obstructions during conveyor 
operations.
    (k) Lockout/tagout. (1) Conveyors shall be stopped and their power 
sources locked out and tagged out during maintenance, repair, and 
servicing. If power is necessary for testing or for making minor 
adjustments, power shall only be supplied to the servicing operation.
    (2) The starting device shall be locked out and tagged out in the 
stop position before an attempt is made to remove the cause of a jam or 
overload of the conveying medium.
    (l) Safe practices. (1) Only designated persons shall operate, 
repair or service powered conveyors.
    (2) The employer shall ensure that each employee stays off operating 
conveyors.
    (3) Conveyors shall be operated only with all overload devices, 
guards and safety devices in place and operable.

[[Page 303]]



Sec.  1918.65  Mechanically powered vehicles used aboard vessels.

    (a) Applicability. This section applies to every type of 
mechanically powered vehicle used for material or equipment handling 
aboard a vessel.
    (b) General. (1) Modifications, such as adding counterweights that 
might affect the vehicle's capacity or safety, shall not be done without 
either the manufacturers' prior written approval or the written approval 
of a registered professional engineer experienced with the equipment, 
who has consulted with the manufacturer, if available. Capacity, 
operation and maintenance instruction plates, tags or decals shall be 
changed to conform to the equipment as modified.
    (2) Rated capacities, with and without removable counterweights, 
shall not be exceeded. Rated capacities shall be marked on the vehicle 
and shall be visible to the operator. The vehicle weight, with and 
without a counterweight, shall be similarly marked.
    (3) If loads are lifted by two or more trucks working in unison, the 
total weight shall not exceed the combined safe lifting capacity of all 
trucks.
    (c) Guards for fork lift trucks. (1) Except as noted in paragraph 
(c)(5) of this section, fork lift trucks shall be equipped with overhead 
guards securely attached to the machines. The guard shall be of such 
design and construction as to protect the operator from boxes, cartons, 
packages, bagged material, and other similar items of cargo that might 
fall from the load being handled or from stowage.
    (2) Overhead guards shall not obstruct the operator's view, and 
openings in the top of the guard shall not exceed six inches (15.24 cm) 
in one of the two directions, width or length. Larger openings are 
permitted if no opening allows the smallest unit of cargo being handled 
through the guard.
    (3) Overhead guards shall be built so that failure of the vehicle's 
mast tilting mechanism will not displace the guard.
    (4) Overhead guards shall be large enough to extend over the 
operator during all truck operations, including forward tilt.
    (5) An overhead guard may be removed only when it would prevent a 
truck from entering a work space and only if the operator is not exposed 
to low overhead obstructions in the work space.
    (6) Where necessary to protect the operator, fork lift trucks shall 
be fitted with a vertical load backrest extension to prevent the load 
from hitting the mast when the mast is positioned at maximum backward 
tilt. For this purpose, a ``load backrest extension'' means a device 
extending vertically from the fork carriage frame to prevent raised 
loads from falling backward.
    (d) Guards for bulk cargo-moving vehicles. (1) Every crawler type, 
rider operated, bulk cargo-moving vehicle shall be equipped with an 
operator's guard of such design and construction as to protect the 
operator, when seated, against injury from contact with a projecting 
overhead hazard.
    (2) Overhead guards and their attachment points shall be so designed 
as to be able to withstand, without excessive deflection, a load applied 
horizontally at the operator's shoulder level equal to the drawbar pull 
of the machine.
    (3) Overhead guards are not required when the vehicle is used in 
situations in which the seated operator cannot contact projecting 
overhead hazards.
    (4) After July 26, 1999, bulk cargo-moving vehicles shall be 
equipped with rollover protection of such design and construction as to 
prevent the possibility of the operator being crushed because of a 
rollover or upset.
    (e) Approved trucks. (1) ``Approved power-operated industrial 
truck'' means one listed as approved for the intended use or location by 
a nationally recognized testing laboratory (see Sec.  1910.7 of this 
chapter).
    (2) Approved power-operated industrial trucks shall bear a label or 
other identification indicating testing laboratory approval.
    (3) When the atmosphere in an area is hazardous (see Sec.  1918.2 
and Sec.  1918.93), only approved power-operated industrial trucks shall 
be used.
    (f) Maintenance. (1) Mechanically powered vehicles shall be 
maintained in safe working order. Safety devices shall not be removed or 
made inoperative except where permitted in this section. Vehicles with a 
fuel system

[[Page 304]]

leak or any other safety defect shall not be operated.
    (2) Braking systems or other mechanisms used for braking shall be 
operable and in safe condition.
    (3) Replacement parts whose function might affect operational safety 
shall be equivalent in strength and performance capability to the 
original parts that they replace.
    (4) Repairs to the fuel and ignition systems of mechanically powered 
vehicles that involve fire hazards shall be conducted only in locations 
designated as safe for such repairs.
    (5) Batteries on all mechanically powered vehicles shall be 
disconnected during repairs to the primary electrical system except when 
power is necessary for testing and repair. On vehicles equipped with 
systems capable of storing residual energy, that energy shall be safely 
discharged before work on the primary electrical system begins.
    (6) Only designated persons shall do maintenance and repair.
    (g) Parking brakes. All mechanically powered vehicles purchased 
after January 21, 1998, shall be equipped with parking brakes.
    (h) Operation. (1) Only stable and safely arranged loads within the 
rated capacity of the mechanically powered vehicle shall be handled.
    (2) The employer shall require drivers to ascend and descend grades 
slowly.
    (3) If the load obstructs the forward view, the employer shall 
require drivers to travel with the load trailing.
    (4) Steering knobs shall not be used unless the vehicle is equipped 
with power steering.
    (5) When mechanically powered vehicles use cargo lifting devices 
that have a means of engagement hidden from the operator, a means shall 
be provided to enable the operator to determine that the cargo has been 
engaged.
    (6) No load on a mechanically powered vehicle shall be suspended or 
swung over any employee.
    (7) When mechanically powered vehicles are used, provisions shall be 
made to ensure that the working surface can support the vehicle and 
load, and that hatch covers, truck plates, or other temporary surfaces 
cannot be dislodged by movement of the vehicle.
    (8) When mechanically powered vehicles are left unattended, load-
engaging means shall be fully lowered, controls neutralized, brakes set 
and power shut off. Wheels shall be blocked or curbed if the vehicle is 
on an incline.
    (9) When lift trucks or other mechanically powered vehicles are 
being operated on open deck-type barges, the edges of the barges shall 
be guarded by railings, sideboards, timbers, or other means sufficient 
to prevent vehicles from rolling overboard. When such vehicles are 
operated on covered lighters where door openings other than those being 
used are left open, means shall be provided to prevent vehicles from 
rolling overboard through such openings.
    (10) Unauthorized personnel shall not ride on mechanically powered 
vehicles. A safe place to ride shall be provided when riding is 
authorized.
    (11) An employee may be elevated by fork lift trucks only when a 
platform is secured to the lifting carriage or forks. The platform shall 
meet the following requirements:
    (i) The platform shall have a railing complying with Sec.  
1917.112(c) of this chapter.
    (ii) The platform shall have toeboards complying with Sec.  
1917.112(d) of this chapter, if tools or other objects could fall on 
employees below.
    (iii) When the truck has controls elevated with the lifting 
carriage, means shall be provided for employees on the platform to shut 
off power to the vehicle.
    (iv) Employees on the platform shall be protected from exposure to 
moving truck parts.
    (v) The platform floor shall be skid resistant.
    (vi) An employee shall be at the truck's controls whenever employees 
are elevated.
    (vii) While an employee is elevated, the truck may be moved only to 
make minor adjustments in placement.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]



Sec.  1918.66  Cranes and derricks other than vessel's gear.

    (a) General. The following requirements shall apply to the use of 
cranes and derricks brought aboard vessels for conducting longshoring 
operations.

[[Page 305]]

They shall not apply to cranes and derricks forming part of a vessel's 
permanent equipment.
    (1) Certification. Cranes and derricks shall be certificated in 
accordance with part 1919 of this chapter.
    (2) Posted weight. The crane weight shall be posted on all cranes 
hoisted aboard vessels for temporary use.
    (3) Rating chart. All cranes and derricks having ratings that vary 
with boom length, radius (outreach) or other variables shall have a 
durable rating chart visible to the operator, covering the complete 
range of the manufacturers' (or design) capacity ratings. The rating 
chart shall include all operating radii (outreach) for all permissible 
boom lengths and jib lengths, as applicable, with and without 
outriggers, and alternate ratings for optional equipment affecting such 
ratings. Precautions or warnings specified by the owner or manufacturer 
shall be included along with the chart.
    (4) Rated loads. The manufacturers' (or design) rated loads for the 
conditions of use shall not be exceeded.
    (5) Change of rated loads. Designated working loads shall not be 
increased beyond the manufacturers' ratings or original design 
limitations unless such increase receives the manufacturers' approval. 
When the manufacturers' services are not available or where the 
equipment is of foreign manufacture, engineering design analysis shall 
be done or approved by a person accredited for certificating the 
equipment under part 1919 of this chapter. Engineering design analysis 
shall be done by a registered professional engineer competent in the 
field of cranes and derricks. Any structural changes required by the 
change in rating shall be carried out.
    (6) Radius indicator. When the rated load varies with the boom 
radius, the crane or derrick shall be fitted with a boom angle or radius 
indicator visible to the operator.
    (7) Operator's station. The cab, controls and mechanism of the 
equipment shall be so arranged that the operator has a clear view of the 
load or signalman, when one is used. Cab glass, when used, shall be 
safety plate glass or equivalent. Cranes with missing, broken, cracked, 
scratched, or dirty glass (or equivalent), that impairs operator vision 
shall not be used. Clothing, tools, and equipment shall be stored so as 
not to interfere with access, operation, and the operator's view.
    (8) Counterweights or ballast. Cranes shall be operated only with 
the specified type and amount of ballast or counterweights. Ballast or 
counterweights shall be located and secured only as provided in the 
manufacturers' or design specifications, which shall be available for 
inspection.
    (9) Outriggers. Outriggers shall be used according to the 
manufacturers' specifications or design data, which shall be available 
for inspection. Floats, when used, shall be securely attached to the 
outriggers. Wood blocks or other support shall be of sufficient size to 
support the outrigger, free of defects that may affect safety, and of 
sufficient width and length to prevent the crane from shifting or 
toppling under load.
    (10) Exhaust gases. Engine exhaust gases shall be discharged away 
from crane operating personnel.
    (11) Electrical/Guarding. Electrical equipment shall be so placed or 
enclosed that live parts will not be exposed to accidental contact. 
Designated persons may work on energized equipment only if necessary 
during inspection, maintenance, or repair; otherwise the equipment shall 
be stopped and its power source locked out and tagged out.
    (12) Fire extinguisher. (i) At least one portable approved or listed 
fire extinguisher of at least a 5-B:C rating or equivalent shall be 
accessible in the cab of the crane or derrick.
    (ii) No portable fire extinguisher using carbon tetrachloride or 
chlorobromomethane extinguishing agents shall be used.
    (13) Rope on drums. At least three full turns of rope shall remain 
on ungrooved drums, and two turns on grooved drums, under all operating 
conditions. Wire rope shall be secured to drums by clamps, U-bolts, 
shackles or equivalent means. Fiber rope fastenings are prohibited.
    (14) Brakes. (i) Each independent hoisting unit of a crane shall be 
equipped with at least one holding

[[Page 306]]

brake, applied directly to the motor shaft or gear train.
    (ii) Each independent hoisting unit of a crane shall, in addition to 
the holding brake, be equipped with a controlled braking means to 
control lowering speeds.
    (iii) Holding brakes for hoist units shall have not less than the 
following percentage of the rated load hoisting torque at the point 
where the brake is applied:
    (A) 125 percent when used with an other than mechanically controlled 
braking means;
    (B) 100 percent when used with a mechanically controlled braking 
means; or
    (C) 100 percent when two holding brakes are provided.
    (iv) All power control braking means shall be capable of maintaining 
safe lowering speeds of rated loads.
    (15) Operating controls. Crane and derrick operating controls shall 
be clearly marked, or a chart showing their function shall be posted at 
the operator's position.
    (16) Booms. Cranes with elevatable booms and without operable 
automatic limiting devices shall be provided with boom stops if boom 
elevation can exceed maximum design angles from the horizontal.
    (17) Foot pedals. Foot pedals shall have a non-skid surface.
    (18) Access. Ladders, stairways, stanchions, grab irons, foot steps 
or equivalent means shall be provided as necessary to ensure safe access 
to footwalks, cab platforms, the cab and any portion of the 
superstructure that employees must reach.
    (b) Operations--(1) Use of cranes together. When two or more cranes 
hoist a load in unison, a designated person shall direct the operation 
and instruct personnel in positioning, rigging of the load and movements 
to be made.
    (2) Guarding of swing radius. Accessible areas within the swing 
radius of the body of a revolving crane shall be physically guarded 
during operations to prevent an employee from being caught between the 
body of the crane and any fixed structure or between parts of the crane.
    (3) Prohibited usage. (i) Equipment shall not be used in a way that 
exerts side loading stresses upon the crane or derrick boom.
    (ii) No crane or derrick having a visible or known defect that may 
affect safe operation shall be used.
    (4) Unattended cranes. The following steps shall be taken before 
leaving a crane unattended between work periods:
    (i) Suspended loads, such as those hoisted by lifting magnets or 
clamshell buckets, shall be landed unless the storage position or 
maximum hoisting of the suspended device will provide equivalent safety;
    (ii) Clutches shall be disengaged;
    (iii) The power supply shall be shut off;
    (iv) The crane shall be secured against accidental travel; and
    (v) The boom shall be lowered or secured against movement.
    (c) Protection for employees being hoisted. (1) No employee shall be 
hoisted by the load hoisting apparatus of a crane or derrick except on a 
platform meeting the following requirements:
    (i) Enclosed by a railing or other means providing protection 
equivalent to that described in Sec.  1917.112(c) of this chapter;
    (ii) Fitted with toe boards if the platform has open railings;
    (iii) A safety factor of four based on ultimate strength;
    (iv) Bearing a plate or permanent marking indicating maximum load 
rating, which shall not be exceeded, and the weight of the platform 
itself;
    (v) Equipped with a device to prevent access doors, when used, from 
opening accidentally;
    (vi) Equipped with overhead protection for employees on the platform 
if they are exposed to falling objects or overhead hazards; and
    (vii) Secured to the load line by means other than wedge and socket 
attachments, unless the free (bitter) end of the line is secured back to 
itself by a clamp placed as close above the wedge as possible.
    (2) Except in an emergency, the hoisting mechanism of all cranes or 
derricks used to hoist personnel shall operate only in power up and 
power down, with automatic brake application when not hoisting or 
lowering.

[[Page 307]]

    (3) All cranes and derricks used to hoist personnel shall be 
equipped with an anti-two-blocking device.
    (4) Variable radius booms of a crane or derrick used to hoist 
personnel shall be so constructed or secured as to prevent accidental 
boom movement.
    (5) Platforms or devices used to hoist employees shall be inspected 
for defects before each day's use and shall be removed from service if 
defective.
    (6) Employees being hoisted shall remain in continuous sight of and 
communication with the operator or signalman.
    (7) Operators shall remain at the controls when employees are 
hoisted.
    (8) Cranes shall not travel while employees are hoisted, except in 
emergencies or in normal tier-to-tier transfer of employees during 
container operations.
    (d) Routine inspection. (1) Designated persons shall visually 
inspect each crane and derrick on each day of use for defects in 
functional operating components and shall report any defect found to the 
employer. The employer shall inform the operator of the result of the 
inspection.
    (2) A designated person shall thoroughly inspect all functional 
components and accessible structural features of each crane or device at 
monthly intervals.
    (3) Any defects found during such inspections that may create a 
safety hazard shall be corrected before further equipment use. Repairs 
shall be done only by designated persons.
    (4) A record of each monthly inspection shall be maintained for six 
months in or on the crane or derrick or at the terminal.
    (e) Protective devices. (1) When exposed moving parts such as gears, 
chains and chain sprockets present a hazard to employees during crane 
and derrick operations, those parts shall be securely guarded.
    (2) Crane hooks shall be latched or otherwise secured to prevent 
accidental load disengagement.
    (f) Load-indicating devices. (1) Unless exempted by the provisions 
of paragraph (f)(1)(viii) of this section, every crane used to load or 
discharge cargo into or out of a vessel shall be fitted with a load-
indicating device or alternative device in proper working condition that 
shall meet the following criteria:
    (i) The type or model of any load-indicating device used shall be 
such as to provide:
    (A) A direct indication in the cab of actual weight hoisted or a 
means of determining this by reference to crane ratings posted and 
visible to the operator, except that the use of a dynamometer or simple 
scale alone will not meet this requirement; or
    (B) An automatic weight-moment device (e.g., a computer) providing 
indications in the cab according to the radius and load at the moment; 
or
    (C) A device that will prevent an overloaded condition.
    (ii) The accuracy of the load-indicating device, weight-moment 
device, or overload protection device shall be such that any indicated 
load (or limit), including the sum of actual weight hoisted and 
additional equipment or ``add ons'' such as slings, sensors, blocks, 
etc., is within the range between 95 percent (5 percent underload) and 
110 percent (10 percent overload) of the actual true total load. Such 
accuracy shall be required over the range of daily operating variables 
reasonably anticipated under the conditions of use.
    (iii) The device shall enable the operator to decide before making 
any lift that the load indicating device or alternative device is 
operative. In the alternative, if the device is not so mounted or 
attached and does not include such means of checking, it shall be 
certified by the manufacturer to remain operative for a specific time. 
The device shall be checked for accuracy, using known values of the 
load, at the time of every certification survey (see Sec.  1918.11) and 
at such additional times as may be recommended by the manufacturer.
    (iv) When the load indicating device or alternative device is so 
arranged in the supporting system (crane structure) that its failure 
could cause the load to be dropped, its strength shall not be the 
limiting factor of the supporting system (crane structure).
    (v) Units of measure in pounds or both pounds and kilograms (or 
other

[[Page 308]]

indicators of measurement, such as colored indicator lights), capacity 
of the indicating system, accuracy of the indicating system, and 
operating instructions and precautions shall be conspicuously marked. If 
the system used provides no readout but automatically ceases crane 
operation when the rated load limit is reached under any specific 
condition of use, the marking shall provide the make and model of the 
device installed, a description of what it does, how it is operated, and 
any necessary precautions regarding the system. All of these markings 
shall be readily visible to the operator.
    (vi) All load indicating devices shall operate over the full 
operating radius. Overall accuracy shall be based on actual applied 
loads and not on full scale (full capacity) load.

    Note to paragraph (f)(1)(vi): If the accuracy of the load indicating 
device is based on full scale loads and the device is arbitrarily set at 
plus or minus 10 percent, it would accept a reading between 90,000 and 
110,000 lbs. at full capacity for a machine with a maximum rating of 
100,000 lbs. but would also show a reading of between zero and 20,000 
lbs. at that outreach (radius) at which the load would be 10,000 lbs.; 
this is clearly unacceptable. If, however, the accuracy of the device is 
based on actual applied loads under the same conditions, the acceptable 
range would remain the same with the 100,000-lb. load but would show a 
figure between 9,000 and 11,000 lbs. at the 10,000-lb. load; this is an 
acceptable reading.

    (vii) When a load-indicating device uses the radius as a factor in 
its use or in its operating indications, the indicated radius (which may 
be in feet and/or meters, or degrees of boom angle, depending on the 
system used) shall be within the range between 97 percent and 110 
percent of the actual (true) radius. When radius is presented in 
degrees, and feet or meters are required for necessary determinations, a 
conversion chart shall be provided.
    (viii) The load indicating device requirements of this paragraph do 
not apply to a crane:
    (A) Of the trolley equipped bridge type while handling containers 
known to be and identified as empty, or loaded, and in either case 
according to the provisions of Sec.  1918.85(b) of this part, or while 
hoisting other lifts by means of a lifting beam supplied by the crane 
manufacturer for the purpose and in all cases within the crane rating;
    (B) While handling bulk commodities or cargoes by means of clamshell 
bucket or magnet;
    (C) While used to handle or hold hoses in connection with transfer 
of bulk liquids, or other hose-handled products; or
    (D) While the crane is used exclusively to handle cargo or equipment 
whose total actual gross weight is marked on the unit or units hoisted, 
and the total actual gross weight never exceeds 11,200 lbs., and the 
load is less than the rated capacity of the crane at the maximum 
outreach possible at the time.
    (2) [Reserved]

[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]



Sec.  1918.67  Notifying the ship's officers before using certain equipment.

    (a) The employer shall notify the officer in charge of the vessel 
before bringing aboard ship internal combustion or electric powered 
tools, equipment or vehicles.
    (b) The employer shall also notify the officer in charge of the 
vessel before using the ship's electric power for the operation of any 
electric tools or equipment.



Sec.  1918.68  Grounding.

    The frames of portable electrical equipment and tools, other than 
double insulated tools and battery operated tools, shall be grounded 
through a separate equipment conductor run with or enclosing the circuit 
conductors.



Sec.  1918.69  Tools.

    (a) General. Employers shall not issue or permit the use of visibly 
unsafe tools.
    (b) Portable electric tools. (1) Portable hand-held electric tools 
shall be equipped with switches of a type that must be manually held in 
a closed position in order to operate the tool.
    (2) All portable, power-driven circular saws shall be equipped with 
guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum arc 
required to permit the base to be tilted for bevel

[[Page 309]]

cuts. The lower guard shall cover the saw to the depth of the teeth, 
except for the minimum arc required to allow proper retraction and 
contact with the work. When the tool is withdrawn from the work, the 
lower guard shall automatically and instantly return to the covering 
position.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]



Sec. Sec.  1918.70-1918.80  [Reserved]



                        Subpart H_Handling Cargo



Sec.  1918.81  Slinging.

    (a) Drafts shall be safely slung before being hoisted. Loose dunnage 
or debris hanging or protruding from loads shall be removed.
    (b) Cargo handling bridles, such as pallet bridles, which are to 
remain attached to the hoisting gear while hoisting successive drafts, 
shall be attached by shackles, or other positive means shall be taken to 
prevent them from being accidentally disengaged from the cargo hook.
    (c) Drafts of lumber, pipe, dunnage and other pieces, the top layer 
of which is not bound by the sling, shall be slung in a way that 
prevents sliders. Double slings shall be used on unstrapped dunnage, 
unless, due to the size of hatch or deep tank openings, using them is 
impracticable.
    (d) Case hooks shall be used only with cases designed to be hoisted 
by these hooks.
    (e) Bales of cotton, wool, cork, wood pulp, gunny bags or similar 
articles shall not be hoisted by straps unless the straps are strong 
enough to support the weight of the bale. At least two hooks, each in a 
separate strap, shall be used.
    (f) Unitized loads bound by bands or straps may be hoisted by the 
banding or strapping only if the banding or strapping is suitable for 
hoisting and is strong enough to support the weight of the load.
    (g) Additional means to maintain the unitized loads during hoisting 
shall be employed to ensure safe lifting of such loads having damaged 
banding or strapping.
    (h) Loads requiring continuous manual guidance during handling shall 
be guided by guide ropes (tag lines) that are long enough to control the 
load.
    (i) No draft shall be hoisted unless the winch or crane operator(s) 
can clearly see the draft itself or see the signals of a signalman who 
is observing the draft's movement.
    (j) Intermodal containers shall be handled in accordance with Sec.  
1918.85.
    (k) The employer shall require that employees stay clear of the area 
beneath overhead drafts or descending lifting gear.
    (l) The employer shall not permit employees to ride the hook or the 
load, except as provided for in Sec.  1918.85(g).



Sec.  1918.82  Building drafts.

    (a) Drafts shall be built or means shall be taken to prevent cargo 
from falling from them.
    (b) Buckets and tubs used in handling bulk or frozen cargo shall not 
be loaded above their rims.



Sec.  1918.83  Stowed cargo; tiering and breaking down.

    (a) When necessary to protect personnel working in a hold, the 
employer shall secure or block stowed cargo that is likely to shift or 
roll.
    (b) In breaking down stowed cargo, precautions shall be taken to 
prevent remaining cargo from falling.
    (c) Employees trimming bulk cargo shall be checked in and out by the 
job boss. Before securing any reefer compartment, a check shall be made 
to ensure that no employee remains inside. Frequent checks shall be made 
to ensure the safety of any employee working alone in a tank or cargo 
compartment.



Sec.  1918.84  Bulling cargo.

    (a) Bulling cargo shall be done with the bull line led directly from 
the heel block. However, bulling may be done from the head of the boom 
when the nature of the cargo and the surface over which it is dragged 
are such that the load cannot be stalled, or when the winch actually 
does not have sufficient strength, with the purchase used, to overload 
the boom.
    (b) Snatch blocks shall be used to provide a fair lead for the bull 
line to avoid unnecessary dragging of the bull

[[Page 310]]

line against coamings and obstructions.
    (c) Snatch blocks shall not be used with the point of the hook 
resting on the flange of a beam, but shall be hung from padeyes, straps, 
or beam clamps. Snatch blocks or straps shall not be made fast to batten 
cleats or other insecure fittings.
    (d) Beam frame clamps shall be so secured as to prevent their 
slipping, falling, or being pulled from their stationary attachment.
    (e) Falls led from cargo booms of vessels shall not be used to move 
scows, lighters or railcars.



Sec.  1918.85  Containerized cargo operations.

    (a) Container markings. Every intermodal container shall be legibly 
and permanently marked with:
    (1) The weight of the container when empty, in pounds;
    (2) The maximum cargo weight the container is designed to carry, in 
pounds; and
    (3) The sum of the weight of the container and the maximum cargo 
weight, in pounds.
    (b) Container weight. No container shall be hoisted by any lifting 
appliance unless the following conditions have been met:
    (1) The employer shall determine from the carrier whether a 
container to be hoisted is loaded or empty. Before loading or 
discharging, empty containers shall be identified in a manner that will 
inform every supervisor and job boss on the site and in charge of 
loading or discharging, or every crane or other hoisting equipment 
operator and signalman, that such container is empty. Methods of 
identification may include cargo plans, manifests, or markings on the 
container.
    (2) For a loaded container:
    (i) The actual gross weight shall be plainly marked and visible to 
the crane or other hoisting equipment operator or signalman, or to every 
supervisor or job boss on site and in charge of the operation; or
    (ii) The cargo stowage plan or equivalent permanently recorded 
display serving the same purpose, containing the actual gross weight and 
the serial number or other positive identification of that specific 
container, shall be provided to the crane or other hoisting equipment 
operator and signalman, and to every supervisor and job boss on site and 
in charge of the operation.
    (3) Every outbound container received at a marine terminal ready to 
load aboard a vessel without further consolidation or loading shall be 
weighed to obtain the actual gross weight, either at the terminal or 
elsewhere, before being hoisted.
    (4)(i) When container weighing scales are found at a marine 
terminal, any outbound container with a load consolidated at that 
terminal shall be weighed to obtain the actual weight before being 
hoisted.
    (ii) If the terminal has no scales, the actual gross weight may be 
calculated from the container's contents and the container's empty 
weight. The weights used in the calculation shall be posted 
conspicuously on the container, with the name of the person making the 
calculation, and the date.
    (5) Open top vehicle-carrying containers, and those built 
specifically and used solely for the carriage of compressed gases, are 
excepted from paragraphs (b)(3) and (b)(4) of this section.
    (6) Closed dry van containers carrying vehicles are exempted from 
paragraph (b)(4) of this section if:
    (i) The container carries only completely assembled vehicles and no 
other cargo;
    (ii) The container is marked on the outside so that an employee can 
readily discern that the container is carrying vehicles; and
    (iii) The vehicles were loaded into the container at the marine 
terminal.
    (7) The weight of loaded inbound containers from foreign ports shall 
be determined by weighing, by the method of calculation described in 
paragraph (b)(4)(ii) of this section or by shipping documents.
    (8) Any scale used within the United States to weigh containers for 
the requirements of this section shall meet the accuracy standards of 
the state or local public authority in which the scale is found.
    (c) Overloaded containers. No container shall be hoisted if its 
actual gross weight exceeds the weight marked as required in paragraph 
(a)(3)

[[Page 311]]

of this section, or it exceeds the capacity of the lifting appliance.
    (d) Container inspection. (1) Prior to hoisting, each container 
shall be inspected for any visible defects in structural members and 
fittings that would make the handling of such container unsafe.
    (2) Any container found to have such a defect shall either be 
handled by a special means to ensure safe handling or shall be emptied 
before handling.
    (e) Suspended containers. The employer shall prohibit employees from 
working beneath a suspended container.
    (f) Lifting fittings. Containers shall be handled using lifting 
fittings or other arrangements suitable and intended for the purpose as 
set forth in paragraphs (f)(1) and (f)(2) of this section, unless damage 
to an intermodal container makes special means of handling necessary.
    (1) Loaded intermodal containers. Loaded intermodal containers of 20 
feet (6.1 m) or more shall be hoisted as follows:
    (i) When hoisting containers by the top fittings, the lifting forces 
shall be applied vertically from at least four such fittings. A less 
than vertical lift is permitted only under the following conditions:
    (A) The container being lifted is an ISO ``closed box container'';
    (B) The condition of the box is sound;
    (C) The speed of hoisting and lowering is moderated when heavily 
ladened containers \5\ are encountered;
---------------------------------------------------------------------------

    \5\ A heavily laden container is one that is loaded to within 20 
percent of its rated capacity.
---------------------------------------------------------------------------

    (D) The lift angle is at 80 to 90 degrees;
    (E) The distance between the lifting beam and the load is at least 8 
feet, 2.4 inches (2.5 m); and
    (F) The length of the spreader beam is at least 16.3 feet (5 m) for 
a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot 
container.
    (ii) When hoisting containers from bottom fittings, the hoisting 
connections shall bear on the fittings only, making no other contact 
with the container. The angles of the four bridle legs shall not be less 
than 30 degrees to the horizontal for 40-foot (12.19 m) containers; 37 
degrees for 30-foot (9.14 m) containers; and 45 degrees for 20-foot (6.1 
m) containers.
    (iii) Lifting containers by fork lift trucks or grappling arms from 
above or from one side may be done only if the container is designed for 
this type of handling.
    (iv) Other means of hoisting may be used only if the containers and 
hoisting means are designed for such use.
    (2) Intermodal container spreaders. (i) When using intermodal 
container spreaders that employ lanyards for activation and load 
disengagement, all possible precautions shall be taken to prevent 
accidental release of the load.
    (ii) Intermodal container spreaders that utilize automatic twist 
lock systems shall be designed and used so that a suspended load cannot 
accidentally be released.
    (g) Safe container top access. A safe means of access shall be 
provided for each employee required to work on the top of an intermodal 
container. Unless ladders are used for access, such means shall comply 
with the requirements of Sec.  1917.45(j) of this chapter.
    (h) Employee hoisting prohibition. Employees shall not be hoisted on 
intermodal container spreaders while a load is engaged.
    (i) Portable ladder access. When other safer means are available, 
portable ladders shall not be used in gaining access to container stacks 
more than two containers high.
    (j) Fall protection--(1) Containers being handled by container 
gantry cranes. (i) After July 26, 1999, where a container gantry crane 
is being used to handle containers, the employer shall ensure that no 
employee is on top of a container. Exception: An employee may be on top 
of a container only to perform a necessary function that cannot be 
eliminated by the use of positive container securing devices. \6\
---------------------------------------------------------------------------

    \6\ Examples of work that may not be eliminated by positive 
container securing devices and that may require employees to work on top 
of containers include, but are not limited to: installing or removing 
bridge clamps; hooking up or detaching over-height containers; or 
freeing a jammed semi-automatic twist lock.

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

[[Page 312]]

    (ii) After July 26, 1999, the employer shall ensure that positive 
container securing devices, such as semi-automatic twist locks and above 
deck cell guides, are used wherever container gantry cranes are used to 
hoist containers.
    (iii) The employer shall ensure that each employee on top of a 
container is protected from fall hazards by a fall protection system 
meeting the requirements of paragraph (k) of this section.
    (2) Containers being handled by other hoisting devices. Where 
containers are being handled by hoisting devices other than container 
gantry cranes, the employer shall ensure that each employee on top of a 
container is protected by a fall protection system meeting the 
requirements of paragraph (k) of this section.
    (3) Other exposure to fall hazards. The employer shall ensure that 
each employee exposed to a fall hazard is protected by a fall protection 
system meeting the requirements of paragraph (k) of this section. 
Exception: Where the employer can demonstrate that fall protection for 
an employee would be infeasible or create a greater hazard due to vessel 
design, container design, container storage, other cargo stowage, 
container handling equipment, lifting gear, or port conditions, the 
employer shall alert the affected employee about the fall hazard and 
instruct the employee in ways to minimize exposure to that hazard.
    (k) Fall protection systems. When fall protection systems required 
by paragraph (j) of this section are employed, the following shall 
apply:
    (1) Each fall protection system component, except anchorages, shall 
have fall arrest/restraint as its only use.
    (2) Each fall protection system subjected to impact loading shall be 
immediately withdrawn from service and not be used again until inspected 
and determined by a designated person to be undamaged and suitable for 
use.
    (3) Each fall protection system shall be rigged so that a falling 
employee cannot contact any lower level stowage or vessel structure.
    (4) Each fall protection system adopted for use shall have an energy 
absorbing mechanism that will produce an arresting force on an employee 
of not greater than 1800 pounds (8 kN).
    (5) Each component of a fall protection system shall be designed and 
used to prevent accidental disengagement.
    (6) Each fall protection system's fixed anchorages shall be capable 
of sustaining a force of 5,000 pounds (22.2 kN) or be certified as 
capable of sustaining at least twice the potential impact load of an 
employee's fall. Such certification must be made by a qualified person. 
\7\ When more than one employee is attached to an anchorage, these 
limits shall be multiplied by the number of employees attached.
---------------------------------------------------------------------------

    \7\ For the purposes of this paragraph, qualified person means one 
with a recognized degree or professional certificate and extensive 
knowledge and experience in the subject field who is capable of design, 
analysis, evaluation and specifications in the subject work, project, or 
product.
---------------------------------------------------------------------------

    (7) When ``live'' (activated) container gantry crane lifting beams 
or attached devices are used as anchorage points, the following 
requirements apply:
    (i) The crane shall be placed into a ``slow'' speed mode;
    (ii) The crane shall be equipped with a remote shut-off switch that 
can stop trolley, gantry, and hoist functions and that is in the control 
of the employee(s) attached to the beam; and
    (iii) A visible or audible indicator shall be present to alert the 
exposed employee(s) when the remote shut-off is operational.
    (8) Fall protection system components, other than the anchorages, 
shall be certified as a unit of being capable of sustaining at least 
twice the potential impact load of an employee's fall. Such 
certification shall be made by a qualified person. \8\
---------------------------------------------------------------------------

    \8\ For the purposes of this paragraph, qualified person means one 
with a recognized degree or professional certificate and extensive 
knowledge and experience in the subject field who is capable of design, 
analysis, evaluation and specifications in the subject work, project, or 
product.
---------------------------------------------------------------------------

    (9) Each fall protection system shall incorporate the use of a full 
body harness.
    (10) Each device, such as a safety cage, used to transport an 
employee(s) by being attached to a container gantry crane spreader, 
shall have a secondary means to prevent accidental disengagement and the 
secondary means shall be engaged.

[[Page 313]]

    (11) Each fall protection system shall be inspected before each 
day's use by a designated person. Any defective components shall be 
removed from service.
    (12) Before using any fall protection system, the employee shall be 
trained in the use and application limits of the equipment, proper 
hookup, anchoring and tie-off techniques, methods of use, and proper 
methods of equipment inspection and storage.
    (13) The employer shall establish and implement a procedure to 
retrieve personnel safely in case of a fall.
    (l) Working along unguarded edges. The employer shall provide, and 
ensure that the employee use, fall protection meeting the requirements 
of paragraph (k) of this section whenever the employee works along an 
unguarded edge where a fall hazard exists (see Sec.  1918.2).
    (m) Vertical tandem lifts. Operations involving the lifting of two 
or more intermodal containers by the top container shall be performed 
following Sec.  1917.71(i) and (k)(1) of this chapter.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000; 
73 FR 75290, Dec. 10, 2008]



Sec.  1918.86  Roll-on roll-off (Ro-Ro) operations (see also Sec. 1918.2,
Ro-Ro operations, and Sec.  1918.25).
---------------------------------------------------------------------------

    \9\ [Reserved]
---------------------------------------------------------------------------

    (a) Traffic control system. An organized system of vehicular and 
pedestrian traffic control shall be established and maintained at each 
entrance/exit ramp and on ramps within the vessel as traffic flow 
warrants.
    (b) Ramp load limit. Each ramp shall be plainly marked with its load 
capacity. The marked capacity shall not be exceeded.
    (c) Pedestrian traffic. Bow, stern, and side port ramps also used 
for pedestrian access shall meet the requirements of Sec.  1918.25. Such 
ramps shall provide a physical separation between pedestrian and 
vehicular routes. When the design of the ramp prevents physical 
separation, a positive means shall be established to prevent 
simultaneous use of the ramp by vehicles and pedestrians.
    (d) Ramp maintenance. Ramps shall be properly maintained and 
secured.
    (e) Hazardous routes. Before the start of Ro-Ro operations, the 
employer shall identify any hazardous routes or areas that could be 
mistaken for normal drive-on/drive-off routes. Such hazardous routes 
shall be clearly marked and barricaded.
    (f) Air brake connections. Each tractor shall have all air lines 
connected when pulling trailers equipped with air brakes and shall have 
the brakes tested before commencing operations.
    (g) Trailer load limits. After July 27, 1998, flat bed and low boy 
trailers shall be marked with their cargo capacities and shall not be 
overloaded.
    (h) Cargo weights. Cargo to be handled via a Ro-Ro ramp shall be 
plainly marked with its weight in pounds (kilograms). Alternatively, the 
cargo stow plan or equivalent record containing the actual gross weight 
of the load may be used to determine the weight of the cargo.
    (i) Tractors. Tractors used in Ro-Ro operations shall have:
    (1) Sufficient power to ascend ramp inclines safely; and
    (2) Sufficient braking capacity to descend ramp inclines safely.
    (j) Safe speeds. Power driven vehicles used in Ro-Ro operations 
shall be operated at speeds that are safe for prevailing conditions.
    (k) Ventilation. Internal combustion engine-driven vehicles shall be 
operated only where adequate ventilation exists or is provided. (Air 
contaminant requirements are found in Sec.  1918.94 and part 1910, 
subpart Z, of this chapter.)
    (l) Securing cargo. Cargo loaded or discharged during Ro-Ro 
operations shall be secured to prevent sliding loads.
    (m) Authorized personnel. Only authorized persons shall be permitted 
on any deck while loading or discharging operations are being conducted. 
Such authorized persons shall be equipped with high visibility vests (or 
equivalent protection \10\).
---------------------------------------------------------------------------

    \10\ Decals on hard hats will not be considered equivalent 
protection for the purposes of this paragraph.

    Note to paragraph (m): High visibility vests or equivalent 
protection means high visibility/retro-reflective materials which are 
intended to make the user clearly visible by day through the use of high 
visibility (fluorescent) material and in the dark by vehicle

[[Page 314]]

headlights through the use of retro-reflective material. For example, an 
acceptable area of material for a vest or equivalent protection is .5 
m\2\ (760 in.\2\) for fluorescent (background) material and .13m\2\ (197 
in.\2\) for retro-reflective material. Vests or equivalent protection, 
such as high visibility/retro-reflective coveralls, that are available 
---------------------------------------------------------------------------
for industrial use, may also be acceptable.

    (n) Vehicle stowage positioning. Drivers shall not drive vehicles, 
either forward or backward, while any personnel are in positions where 
they could be struck.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]



Sec.  1918.87  Ship's cargo elevators.

    (a) Safe working load. The safe working loads of ship's cargo 
elevators shall be determined and followed.
    (b) Load distribution. Loads shall be evenly distributed and 
maintained on the elevator's platform.
    (c) Elevator personnel restrictions. Personnel shall not be 
permitted to ride on the elevator's platform if a fall hazard exists. 
(See Sec.  1918.2.)
    (d) Open deck barricades. During elevator operation, each open deck 
that presents a fall hazard to employees shall be effectively 
barricaded.



Sec.  1918.88  Log operations.

    (a) Working in holds. When loading logs into the holds of vessels 
and using dumper devices to roll logs into the wings, the employer shall 
ensure that employees remain clear of areas where logs being dumped 
could strike, roll upon, or pin them.
    (b) Personal flotation devices. Each employee working on a log boom 
shall be protected by a personal flotation device meeting the 
requirements of Sec.  1918.105(b)(2).
    (c) Footwear. The employer shall provide each employee that is 
working logs with appropriate footwear, such as spiked shoes or caulked 
sandals, and shall ensure that each employee wears appropriate footwear 
to climb or walk on logs.
    (d) Lifelines. When employees are working on log booms or cribs, 
lifelines shall be furnished and hung overside to the water's edge.
    (e) Jacob's ladder. When a log boom is being worked, a Jacob's 
ladder meeting the requirements of Sec.  1918.23 shall be provided for 
each gang working alongside unless other safe means of access (such as 
the vessel's gangway) is provided. However, no more than two Jacob's 
ladders are required for any single log boom being worked.
    (f) Life-ring. When working a log boom alongside a ship, a U.S. 
Coast Guard approved 30-inch (76.2 cm) life-ring, with no less than 90 
feet (27.4 m) of line, shall be provided either on the floating unit 
itself or aboard the ship close to each floating unit being worked.
    (g) Rescue boat. When employees are working on rafts or booms, a 
rescue boat capable of effecting an immediate rescue shall be available. 
Powered rescue boats are required when the current exceeds one knot.
    (h) Log rafts. When an employee is working logs out of the water, 
walking sticks \11\ (safety sticks) shall be provided as follows:
---------------------------------------------------------------------------

    \11\ A ``walking stick'' is two logs bolted or otherwise secured 
together with two or three planks firmly attached on top that serves as 
a floating walking and working surface and that is used in the loading 
of logs onto vessels from the water.
---------------------------------------------------------------------------

    (1) They shall be planked and be no less than 24 inches (.61 m) 
wide;
    (2) They shall extend along the entire length of all rafts on the 
side(s) of the vessel being worked, and to the means of access to the 
log raft(s); and
    (3) They shall be buoyant enough to keep the walking surface above 
the waterline when employees are walking on them.



Sec.  1918.89  Handling hazardous cargo (See also Sec.  1918.2 and
Sec.  1918.99).

    Hazardous cargo shall be slung and secured so that neither the draft 
nor individual packages can fall because of tipping of the draft or 
slacking of the supporting gear.



                  Subpart I_General Working Conditions.



Sec.  1918.90  Hazard communication.

    See Sec.  1918.1(b)(4).

[[Page 315]]



Sec.  1918.91  Housekeeping.

    (a) General. Active work areas shall be kept free of equipment, such 
as lashing gear, and materials not in use, and clear of debris, 
projecting nails, strapping and other objects not necessary to the work 
in progress.
    (b) Slippery surfaces. The employer shall eliminate conditions 
causing slippery walking and working surfaces in immediate areas used by 
employees.
    (c) Free movement of drafts. Dunnage shall not be placed at any 
location where it interferes with the free movement of drafts.
    (d) Dunnage height. Dunnage racked against sweat battens or 
bulkheads shall not be used when the levels of such racks are above the 
safe reach of employees.
    (e) Coaming clearance. Dunnage, hatch beams, tarpaulins or gear not 
in use shall be stowed no closer than three feet (.91 m) to the port and 
starboard sides of the weather deck hatch coaming.
    (f) Nails. (1) Nails that are protruding from shoring or fencing in 
the work area shall be rendered harmless.
    (2) Dunnage, lumber, or shoring material in which there are visibly 
protruding nails shall be removed from the work area, or, if left in the 
area, the nails shall be rendered harmless.
    (g) Ice aloft. Employees shall be protected from ice that may fall 
from aloft.



Sec.  1918.92  Illumination.

    (a) Walking, working, and climbing areas. Walking, working, and 
climbing areas shall be illuminated. Unless conditions described in the 
regulations of the U.S. Coast Guard (33 CFR 154.570) exist for specific 
operations, illumination for cargo transfer operations shall be of a 
minimum light intensity of five foot-candles (54 lux). Where work tasks 
require more light to be performed safely, supplemental lighting shall 
be used.
    (b) Intensity measurement. The lighting intensity shall be measured 
at the task/working surface, in the plane in which the task/working 
surface is present.
    (c) Arrangement of lights. Lights shall be arranged so that they do 
not shine into the eyes of winch-drivers, crane operators or hatch 
tenders. On Ro-Ro ships, stationary lights shall not shine directly into 
the eyes of drivers.
    (d) Portable lights. Portable lights shall meet the following 
requirements:
    (1) Portable lights shall be equipped with substantial reflectors 
and guards to prevent materials from coming into contact with the bulb.
    (2) Flexible electric cords used with temporary lights shall be 
designed by the manufacturer for hard or extra-hard usage. Temporary and 
portable lights shall not be suspended by their electric cords unless 
the cords and lights are designed for this means of suspension. 
Connections and insulation shall be maintained in safe condition.
    (3) Electric conductors and fixtures for portable lights shall be so 
arranged as to be free from contact with drafts, running gear, and other 
moving equipment.
    (4) Portable cargo lights furnished by the employer for use aboard 
vessels shall be listed as approved for marine use by the U.S. Coast 
Guard or by a nationally recognized testing laboratory (see Sec.  
1910.7).
    (e) Entry into darkened areas. Employees shall not be permitted to 
enter dark holds, compartments, decks or other spaces without a 
flashlight or other portable light. The use of matches or open flames is 
prohibited.



Sec.  1918.93  Hazardous atmospheres and substances (See also Sec.  1918.2).

    (a) Purpose and scope. This section covers areas in which the 
employer knows, or has reason to believe, that a hazardous atmosphere or 
substance may exist, except where one or more of the following sections 
apply: Sec.  1918.94(a), Carbon monoxide; Sec.  1918.94(b), Fumigated 
grains; Sec.  1918.94(c), Fumigated tobacco; Sec.  1918.94(d), Other 
fumigated cargoes; Sec.  1918.94(e), Catch of menhaden and similar 
species of fish.
    (b) Determination of the hazard. When the employer knows, or has 
reason to believe, that a space on a vessel contains or has contained a 
hazardous atmosphere, a designated and appropriately equipped person 
shall test the atmosphere prior to employee entry to detect whether a 
hazardous atmosphere exists.

[[Page 316]]

    (c) Testing during ventilation. When mechanical ventilation is used 
to maintain a safe atmosphere, tests shall be made by a designated 
person to ensure that the atmosphere is not hazardous.
    (d) Entry into hazardous atmospheres. Only designated persons shall 
enter hazardous atmospheres, in which case the following provisions 
shall apply:
    (1) Persons entering a space containing a hazardous atmosphere shall 
be protected by respiratory and emergency protective equipment meeting 
the requirements of subpart J of this part;
    (2) Persons entering a space containing a hazardous atmosphere shall 
be instructed about the hazards, precautions to be taken, and the use of 
protective and emergency equipment. Standby observers, similarly 
equipped and instructed, shall continuously monitor the activity of 
employees within such space;
    (3) Except in emergency or rescue operations, employees shall not 
enter any atmosphere identified as flammable or oxygen-deficient (less 
than 19.5% oxygen). Persons who may be required to enter flammable or 
oxygen-deficient atmospheres in emergency operations shall be instructed 
in the dangers attendant to those atmospheres and be instructed in the 
use of self-contained breathing apparatus which shall be used for entry.
    (4) To prevent inadvertent employee entry into spaces identified as 
having hazardous, flammable or oxygen-deficient atmospheres, appropriate 
warning signs or equivalent means shall be posted at all means of access 
to those spaces.
    (e) Asbestos cargo leak. When the packaging of asbestos cargo leaks, 
spillage shall be cleaned up by designated employees protected from the 
harmful effects of asbestos as required by Sec.  1910.1001 of this 
chapter.



Sec.  1918.94  Ventilation and atmospheric conditions (See also Sec.  1918.2,
definitions of Hazardous cargo, materials, substance or atmosphere and Ro-Ro 
operations).

    (a) Ventilation with respect to carbon monoxide. (1) When internal 
combustion engines exhaust into a hold, intermediate deck, or any other 
compartment, the employer shall ensure that the atmosphere is tested as 
frequently as needed to prevent carbon monoxide (CO) concentrations from 
exceeding allowable limits. Such tests shall be made in the area in 
which employees are working by persons competent in the use of the test 
equipment and procedures. If operations are in a deep tank or 
refrigerated compartment, the first test shall be made within one half 
hour of the time the engine starts. To decide the need for further 
testing, the initial test in all other cargo handling areas shall be 
taken no later than one hour after the time the engine starts.
    (i) The CO content of the atmosphere in a compartment, hold, or any 
enclosed space shall be maintained at not more than 50 parts per million 
(ppm) (0.005%) as an eight hour average area level and employees shall 
be removed from the enclosed space if the CO concentration exceeds a 
ceiling of 100 ppm (0.01%). Exception: The ceiling shall be 200 ppm 
(0.02%) instead of 100 ppm (0.01%) for Ro-Ro operations.
---------------------------------------------------------------------------

    \12\ [Reserved]

    Note to paragraph (a)(1)(i): The term eight hour average area level 
means that for any period in which the concentration exceeds 50 parts 
per million, the concentration shall be maintained for a corresponding 
---------------------------------------------------------------------------
period below 50 parts per million.

    (ii) When both natural ventilation and the vessel's ventilation 
system are inadequate to keep the CO concentration within the allowable 
limits, the employer shall use supplementary means to bring such 
concentration within allowable limits, as determined by monitoring.
    (2) The intakes of portable blowers and any exposed belt drives 
shall be guarded to prevent injury to employees.
    (3) The frames of portable blowers shall be grounded at the source 
of the current by means of an equipment grounding conductor run with or 
enclosing the circuit conductors. When the vessel is the source of the 
current, the equipment grounding conductor shall be bonded to the 
structure of the vessel. Electric cords shall be free from visible 
defects.
    (b) Fumigated grains. (1) Before commencing to handle bulk grain in 
any

[[Page 317]]

compartment of a vessel in which employees will or may be present, the 
employer shall:
    (i) Determine whether the grain has been or will be fumigated at the 
elevator; and
    (ii) Determine whether that compartment, or any cargo within it 
loaded at a prior berth, has been treated with a fumigant or any other 
chemical.
    (2) If fumigant or chemical treatment has been carried out, or if 
there is reason to suspect that such treatment has been carried out, it 
shall be determined by atmospheric testing that the compartment's 
atmosphere is within allowable limits. (See paragraph (b)(3) of this 
section.)
    (3) A test of the fumigant concentration in the atmosphere of the 
compartment shall be made after loading begins and before employees 
enter the compartment. Additional tests shall be made as often as 
necessary to ensure that hazardous concentrations do not develop.
    (i) Tests for fumigant concentration shall be conducted by a 
designated person, who shall be thoroughly familiar with the 
characteristics of the fumigant being used, the correct procedure for 
measurement, the proper measuring equipment to be used, the fumigant 
manufacturers' recommendations and warnings, and the proper use of 
personal protective equipment to guard against the specific hazard.
    (ii) If the concentration in any compartment reaches the level 
specified as hazardous by the fumigant manufacturer, or exceeds the 
permissible exposure limits of part 1910, subpart Z of this chapter, 
whichever is lower, all employees shall be removed from such 
compartments and shall not be permitted to reenter until tests prove 
that the atmosphere is within allowable limits.
    (iii) No employee shall be permitted to enter any compartment in 
which grain fumigation has been carried out, or any compartment 
immediately next to such a compartment, until it has been determined by 
testing that the atmosphere in the compartment to be entered is within 
allowable limits for entry.
    (iv) In the event a compartment containing a hazardous or unknown 
concentration of fumigants must be entered for testing of the 
atmosphere, or for emergency purposes, each employee entering shall be 
protected by respiratory protective equipment following the provisions 
of Sec.  1918.102, and by any protective clothing and other personal 
protective equipment recommended by the fumigant manufacturer for 
protection against the particular hazard. At least two other employees 
shall be stationed outside the compartment as observers, to provide 
rescue services in case of emergency. The observers shall be equipped 
with similar personal protective equipment.
    (v) One or more employees on duty shall be equipped and trained to 
provide any specific emergency medical treatment stipulated for the 
particular fumigant.
    (vi) Emergency equipment required by this paragraph shall be readily 
accessible wherever fumigated grains are being handled.
    (4) If a compartment is treated for local infestation before loading 
grain by a chemical other than a fumigant, the employee applying the 
treatment, and any other employees entering the compartment, shall be 
provided with and required to use any personal protective equipment 
recommended by the manufacturer of the product to protect them against 
the effects of exposure.
    (c) Fumigated tobacco. The employer shall not load break-bulk 
tobacco until the carrier has provided written notification about 
whether or not the cargo has been fumigated. If break-bulk tobacco cargo 
has been treated with any toxic fumigant, loading shall not commence 
until a written warranty has been received from the fumigation facility 
that the aeration of the cargo has been such as to reduce the 
concentration of the fumigant to within the level specified as hazardous 
by the fumigant manufacturer, or does not exceed the permissible 
exposure limits of part 1910, subpart Z of this chapter, whichever is 
lower. Such notification and warranty shall be maintained for at least 
30 days after the loading of the tobacco has been completed, and shall 
be available for inspection.

[[Page 318]]

    (d) Other fumigated cargoes. Before commencing to load or discharge 
fumigated cargo other than the cargo specifically addressed in 
paragraphs (b) and (c) of this section, the employer shall determine 
that the concentration of fumigants is within the level specified as 
hazardous by the fumigant manufacturer, or does not exceed the 
permissible exposure limits of part 1910, subpart Z of this chapter, 
whichever is lower.
    (e) Grain dust. When employees are exposed to concentrations of 
grain dust greater than the allowable limit found in subpart Z of part 
1910 of this chapter, they shall be protected by suitable respiratory 
protective equipment as required by Sec.  1918.102.
    (f) Catch of menhaden and similar species of fish. (1) The 
provisions of this paragraph shall not apply to vessels having and 
utilizing refrigerated holds for the carriage of all cargo.
    (2) After a vessel has arrived at berth for discharge of menhaden, 
but before personnel enter the hold, and as frequently thereafter as 
tests show to be necessary, tests shall be made of the atmosphere in the 
vessel's hold to ensure a safe work space. The tests shall be done for 
the presence of hydrogen sulfide and for oxygen deficiency.
    (3) Tests required by paragraph (f)(2) of this section shall be made 
by designated supervisory personnel, trained and competent in the nature 
of hazards and the use of test equipment and procedures.
    (4) Before employees enter a hold it shall be tested for hydrogen 
sulfide and oxygen deficiency. Employees shall not enter the hold when 
the hydrogen sulfide level exceeds 20 ppm ceiling or when the oxygen 
content is less than 19.5 percent, except in emergencies.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]



Sec.  1918.95  Sanitation.

    (a) Washing and toilet facilities. (1) Accessible washing and toilet 
facilities sufficient for the sanitary requirements of employees shall 
be readily accessible at the worksite. The facilities shall have:
    (i) Running water, including hot and cold or tepid water, at a 
minimum of one accessible location (when longshoring operations are 
conducted at locations without permanent facilities, potable water may 
be provided instead of running water);
    (ii) Soap;
    (iii) Individual hand towels, clean individual sections of 
continuous toweling, or air blowers; and
    (iv) Fixed or portable toilets in separate compartments with latch-
equipped doors. Separate toilet facilities shall be provided for male 
and female employees unless toilet rooms will be occupied by only one 
person at a time.
    (2) Washing and toilet facilities shall be regularly cleaned and 
maintained in good order.
    (b) Drinking water. (1) Potable drinking water shall be accessible 
to employees at all times.
    (2) Potable drinking water containers shall be clean, containing 
only water and ice, and shall be fitted with covers.
    (3) Common drinking cups are prohibited.
    (c) Prohibited eating areas. Consumption of food or beverages in 
areas where hazardous materials are stowed or being handled is 
prohibited.
    (d) Garbage and overboard discharges. Work shall not be conducted 
close to uncovered garbage or in the way of overboard discharges from 
the vessel's sanitary lines unless employees are protected from the 
garbage or discharge by a baffle or splash boards.

[62 FR 40202, July 25, 1997, as amended at 76 FR 33610, June 8, 2011]



Sec.  1918.96  Maintenance and repair work in the vicinity of longshoring
operations.

    (a) Noise interference (See also Sec.  1918.1(b)(6).) Longshoring 
operations shall not be carried on when noise interferes with 
communications of warnings or instructions.
    (b) Falling objects. Longshoring operations shall not be carried on 
in the hold or on deck beneath work being conducted overhead whenever 
such work exposes the employee to a hazard of falling objects.
    (c) Hot work. Longshoring operations shall not be carried on where 
the employee is exposed to damaging light rays, hot metal, or sparks 
from welding or cutting.

[[Page 319]]

    (d) Abrasive blasting and spray painting. Longshoring operations 
shall not be carried on in the immediate vicinity of abrasive blasting 
or spray painting operations.
    (e) Machine guarding. (See also Sec.  1918.2, definition of ``Danger 
zone''.)
    (1) Danger zones on machines and equipment used by employees shall 
be guarded.
    (2) The power supply to machines shall be turned off, locked out, 
and tagged out during repair, adjustment, or servicing.



Sec.  1918.97  First aid and lifesaving facilities. 
(See appendix V of this part).

    (a) Injury reporting. The employer shall require each employee to 
report every work-related injury, regardless of severity, to the 
employer.
    (b) First aid. A first aid kit shall be available at or near each 
vessel being worked. At least one person holding a valid first aid 
certificate, such as is issued by the Red Cross or other equivalent 
organization, shall be available to render first aid when work is in 
progress.
    (c) First aid kits. First aid kits shall be weatherproof and shall 
contain individual sealed packages for each item that must be kept 
sterile. The contents of each kit shall be determined by a person 
certified in first aid and cognizant of the hazards found in marine 
cargo handling operations. The contents shall be checked at intervals 
that allow prompt replacement of expended items.
    (d) Stretchers. (1) For each vessel being worked, at least one 
Stokes basket stretcher, or its equivalent, shall be available to be 
permanently equipped with bridles for attachment to the hoisting gear.
    (2) Stretchers shall be kept close to vessels and shall be 
positioned to avoid damage to the stretcher.
    (3) A blanket or other suitable covering shall be available.
    (4) Stretchers shall have at least four sets of effective patient 
restraints in operable condition.
    (5) Lifting bridles shall be of adequate strength, capable of 
lifting 1,000 pounds (454 kg) with a safety factor of five (lifting 
capability of 5,000 pounds), and shall be maintained in operable 
condition. Lifting bridles shall be provided for making vertical patient 
lifts at container berths. Stretchers for vertical lifts shall have foot 
plates.
    (6) Stretchers shall be maintained in operable condition. Struts and 
braces shall be inspected for damage. Wire mesh shall be secured and 
have no burrs. Damaged stretchers shall not be used until repaired.
    (7) Stretchers in permanent locations shall be mounted to prevent 
damage and be protected from the elements if located out-of-doors. If 
concealed from view, enclosures shall be marked to indicate the location 
of the lifesaving equipment.
    (e) Life-rings. (1) The employer shall ensure that there is in the 
vicinity of each vessel being worked at least one U.S. Coast Guard 
approved 30-inch (76.2 cm) life-ring with no less than 90 feet (27.43 m) 
of line attached, and at least one portable or permanent ladder that 
will reach from the top of the apron to the surface of the water.
    (2) In addition, when working a barge, scow, raft, lighter, log 
boom, or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch 
(76.2 cm) life-ring, with no less than 90 feet (27.43 m) of line shall 
be provided either on the floating unit itself or aboard the ship in the 
immediate vicinity of each floating unit being worked.
    (f) Communication. Telephone or equivalent means of communication 
shall be readily available at the worksite.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000; ]



Sec.  1918.98  Qualifications of machinery operators and supervisory
training.

    (a) Qualification of machinery operators. (1) Only an employee 
determined by the employer to be competent by reason of training or 
experience, and who understands the signs, notices and operating 
instructions and is familiar with the signal code in use, shall be 
permitted to operate a crane, winch, or other power-operated cargo 
handling apparatus, or any power-operated vehicle, or give signals to 
the operator of any hoisting apparatus. However, an employee being 
trained and supervised by a designated person may operate

[[Page 320]]

such machinery and give signals to operators during training.
    (2) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments that may suddenly incapacitate the employee, shall be permitted 
to operate a crane, winch or other power-operated cargo handling 
apparatus or a power-operated vehicle.

    Note to paragraph (a)(2): OSHA is defining suddenly incapacitating 
medical ailments consistent with the Americans with Disabilities Act 
(ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in 
accordance with the employment provisions (Title I) of the ADA (42 
U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part 
1630), and the Technical Assistance Manual for Title I issued by the 
Equal Employment Opportunity Commission (Publication number: EEOC-M1A), 
will be considered as being in compliance with this paragraph.

    (b) Supervisory accident prevention proficiency. (1) By July 16, 
1999, each immediate supervisor of a cargo handling operation of more 
than five persons shall satisfactorily complete a course in accident 
prevention.
    (2) Each employee newly assigned to supervisory duties after that 
date shall be required to meet the provisions of this paragraph within 
90 days of such assignment.
    (3) The accident prevention course shall consist of instruction 
suited to the particular operations involved. \13\
---------------------------------------------------------------------------

    \13\ The following are recommended topics: Safety responsibility and 
authority; elements of accidents prevention; attitudes, leadership and 
motivation; hazards of longshoring, including peculiar local 
circumstances; hazard identification and elimination; applicable 
regulations; and accident investigations.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]



Sec.  1918.99  Retention of DOT markings, placards and labels.

    (a) Any employer who receives a package of hazardous material that 
is required to be marked, labeled or placarded in accordance with the 
U.S. Department of Transportation's Hazardous Materials Regulations (49 
CFR parts 171 through 180) shall retain those markings, labels and 
placards on the package until the packaging is sufficiently cleaned of 
residues and purged of vapors to remove any potential hazards.
    (b) Any employer who receives a freight container, rail freight car, 
motor vehicle, or transport vehicle that is required to be marked or 
placarded in accordance with the Hazardous Materials Regulations shall 
retain those markings and placards on the freight container, rail 
freight car, motor vehicle or transport vehicle until the hazardous 
materials that require the marking or placarding are sufficiently 
removed to prevent any potential hazards.
    (c) Markings, placards and labels shall be maintained in a manner 
that ensures that they are readily visible.
    (d) For non-bulk packages that will not be reshipped, the provisions 
of the section are met if a label or other acceptable marking is affixed 
in accordance with OSHA's Hazard Communication Standard (29 CFR 
1910.1200).
    (e) For the purposes of this section, the term ``hazardous 
material'' has the same definition as in the Hazardous Materials 
Regulations (49 CFR parts 171 through 180).



Sec.  1918.100  Emergency action plans.

    (a) Scope and application. This section requires all employers to 
develop and implement an emergency action plan. \14\ The emergency 
action plan shall be in writing (except as provided in the last sentence 
of paragraph (e)(3) of this section) and shall cover those designated 
actions employers and employees must take to ensure employee safety from 
fire and other emergencies.
---------------------------------------------------------------------------

    \14\ When an employer directs his employees to respond to an 
emergency that is beyond the scope of the Emergency Action Plan, a plan 
developed in accordance with Sec.  1910.120(q) of this chapter shall 
apply.
---------------------------------------------------------------------------

    (b) Elements. The following elements, at a minimum, shall be 
included in the plan:
    (1) Emergency escape procedures and emergency escape route 
assignments;
    (2) Procedures to be followed by employees who remain to operate 
critical operations before they evacuate;
    (3) Procedures to account for all employees after emergency 
evacuation has been completed;

[[Page 321]]

    (4) Rescue and medical duties for those employees who are to perform 
them;
    (5) The preferred means of reporting fires and other emergencies; 
and
    (6) Names or regular job titles of persons or departments that can 
be contacted for further information or explanation of duties under the 
plan.
    (c) Alarm system. The employer shall establish an employee alarm 
system that provides warning for necessary emergency action or for 
reaction time for safe escape of employees from the workplace or the 
immediate work area, or both.
    (d) Evacuation. The employer shall establish the types of evacuation 
to be used in emergency circumstances.
    (e) Training. (1) Before implementing the emergency action plan, the 
employer shall designate and train a sufficient number of persons to 
assist in the safe and orderly emergency evacuation of employees.
    (2) The employer shall review the plan with each employee covered by 
the plan at the following times:
    (i) Initially when the plan is developed;
    (ii) Whenever the employee's responsibilities or designated actions 
under the plan change; and
    (iii) Whenever the plan is changed.
    (3) The employer shall review with each employee upon initial 
assignment those parts of the plan that the employee must know to 
protect the employee in the event of an emergency. The written plan 
shall be kept at the workplace and made available for employee review. 
Employers with 10 or fewer employees may communicate the plan orally to 
employees and need not maintain a written plan.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]



                 Subpart J_Personal Protective Equipment



Sec.  1918.101  Eye and face protection.

    (a) The employer shall ensure that:
    (1)(i) Employers must ensure that each employee uses appropriate eye 
and/or face protection when the employee is exposed to an eye or face 
hazards, and that protective eye and face devices comply with any of the 
following consensus standards:
    (A) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1918.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1918.3; or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1918.3
    (ii) Protective eye and face protection devices that the employer 
demonstrates are at least as effective as protective eye and face 
protection devices that are constructed in accordance with one of the 
above consensus standards will be deemed to be in compliance with the 
requirements of this section.
    (2) For an employee wearing corrective glasses, eye protection 
equipment required by paragraph (a)(1) of this section shall be of the 
type that can be worn over glasses. Prescription-ground safety lenses 
may be substituted if they provide equivalent protection.
    (b) Eye protection shall be maintained in good condition.
    (c) Used eye protection shall be cleaned and disinfected before 
issuance to another employee.

[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009; 
81 FR 16092, Mar. 25, 2016]



Sec.  1918.102  Respiratory protection.

    (See Sec.  1918.1(b)(8)).

[65 FR 40946, June 30, 2000]



Sec.  1918.103  Head protection.

    (a) The employer shall ensure that each affected employee wears a 
protective helmet when working in areas where there is a potential for 
injury to the head from falling objects.
    (b)(1) The employer must ensure that head protection complies with 
any of the following consensus standards:
    (i) American National Standards Institute (ANSI) Z89.1-2009, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1918.3;

[[Page 322]]

    (ii) American National Standards Institute (ANSI) Z89.1-2003, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1918.3; or
    (iii) American National Standards Institute (ANSI) Z89.1-1997, 
``American National Standard for Personnel Protection--Protective 
Headwear for Industrial Workers--Requirements,'' incorporated by 
reference in Sec.  1918.3.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head protection devices that are constructed in 
accordance with one of the above consensus standards will be deemed to 
be in compliance with the requirements of this section.
    (c) Previously worn protective hats shall be cleaned and disinfected 
before issuance by the employer to another employee.

[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009; 
77 FR 37600, June 22, 2012]



Sec.  1918.104  Foot protection.

    (a) The employer shall ensure that each affected employee wears 
protective footwear when working in areas where there is a danger of 
foot injuries due to falling or rolling objects or objects piercing the 
sole.
    (b)(1) The employer must ensure that protective footwear complies 
with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,'' 
and ASTM F-2413-2005, ``Standard Specification for Performance 
Requirements for Protective Footwear,'' which are incorporated by 
reference in Sec.  1918.3;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1918.3; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference in 
Sec.  1918.3.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009]



Sec.  1918.105  Other protective measures.

    (a) Protective clothing. (1) The employer shall provide and shall 
require the wearing of special protective clothing for each employee 
engaged in work where protective clothing is necessary.
    (2) When necessary, protective clothing shall be cleaned and 
disinfected before reissuance.
    (b) Personal flotation devices (PFDs). (1) The employer shall 
provide and shall require the wearing of PFDs for each employee engaged 
in work in which the employee might fall into the water.
    (2) PFDs (life preservers, life jackets, or work vests) worn by each 
affected employee must be United States Coast Guard (USCG) approved 
pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for 
use as a work vest, for commercial use, or for use on vessels.
    (3) Personal flotation devices shall be maintained in safe condition 
and shall be considered unserviceable when damaged in a manner that 
affects buoyancy or fastening capability.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]



Sec.  1918.106  Payment for protective equipment.

    (a) Except as provided by paragraphs (b) through (f) of this 
section, the protective equipment, including personal protective 
equipment (PPE), used to comply with this part, shall be provided by the 
employer at no cost to employees.
    (b) The employer is not required to pay for non-specialty safety-toe 
protective footwear (including steel-toe shoes or steel-toe boots) and 
non-specialty prescription safety eyewear, provided that the employer 
permits such items to be worn off the job-site.
    (c) When the employer provides metatarsal guards and allows the 
employee, at his or her request, to use shoes or boots with built-in 
metatarsal protection, the employer is not required to reimburse the 
employee for the shoes or boots.

[[Page 323]]

    (d) The employer is not required to pay for:
    (1) Everyday clothing, such as long-sleeve shirts, long pants, 
street shoes, and normal work boots; or
    (2) Ordinary clothing, skin creams, or other items, used solely for 
protection from weather, such as winter coats, jackets, gloves, parkas, 
rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
    (e) The employer must pay for replacement PPE, except when the 
employee has lost or intentionally damaged the PPE.
    (f) Where an employee provides adequate protective equipment he or 
she owns, the employer may allow the employee to use it and is not 
required to reimburse the employee for that equipment. The employer 
shall not require an employee to provide or pay for his or her own PPE, 
unless the PPE is excepted by paragraphs (b) through (e).
    (g) This section shall become effective on February 13, 2008. 
Employers must implement the PPE payment requirements no later than May 
15, 2008.

    Note to Sec.  1918.106: When the provisions of another OSHA standard 
specify whether or not the employer must pay for specific equipment, the 
payment provisions of that standard shall prevail.

[72 FR 64429, Nov. 15, 2007]



                           Subpart K_COVID	19.

    Source: 86 FR 61555, Nov. 5, 2021, unless otherwise noted.



Sec. Sec.  1918.107-1918.109  [Reserved]



Sec.  1918.110  COVID-19.

    The requirements applicable to longshoring work under this section 
are identical to those set forth at 29 CFR 1910.501.



Sec. Appendix I to Part 1918--Cargo Gear Register and Certificates (Non-
                               mandatory)

    Note: This appendix is non-mandatory and provides guidance to part 
1918 to assist employers and employees in complying with the 
requirements of this standard, as well as to provide other helpful 
information. Nothing in this appendix adds or detracts from any of the 
requirements of this standard. The language in this appendix is taken 
directly from the recommended ILO document.

                               Form No. 1

  Identity of National Authority or Competent Organization Register of 
            Ships' Lifting Appliances and Cargo Handling Gear

Name of Ship____________________________________________________________

Official Number_________________________________________________________

Call Sign_______________________________________________________________

Port of Registry________________________________________________________

Name of Owner___________________________________________________________

Register Number_________________________________________________________

Date of Issue___________________________________________________________

Issued by_______________________________________________________________

Signature and Stamp_____________________________________________________

    Note: This register is the standard international form as 
recommended by the International Labour Office in accordance with the 
ILO Convention No. 152.

                                 General

    The tests, examinations and inspections indicated in this register 
are based on the requirements of ILO Convention 152 and Recommendation 
160. They are intended to ensure that ships having lifting appliances 
are initially certified by a competent person, and to establish 
periodically that they continue to be in safe working order to the 
satisfaction of a competent person acceptable to a competent authority. 
A Register of lifting appliances and items of loose gear shall be kept 
in a form prescribed by the competent authority, account being taken of 
this model recommended by the International Labour Office. This Register 
and related certificates shall be kept available to any person 
authorized by the competent authority. The Register and certificates for 
gear currently aboard the ship shall be preserved for at least five 
years after the date of the last entry.

                               Instruction

                1. Initial Examination and Certification

    1.1. Every lifting appliance shall be certified by a competent 
person before being taken into use for the first time to ensure that it 
is of good design and construction and of adequate strength for the 
purpose for which it is intended.
    1.2. Before being taken into use for the first time, a competent 
person shall supervise and witness testing, and shall thoroughly examine 
every lifting appliance.
    1.3. Every item of loose gear shall, before being taken into use for 
the first time, shall be tested, thoroughly examined and certified by a 
competent person, in accordance with national law or regulations.

[[Page 324]]

    1.4. Upon satisfactory completion of the procedures indicated above, 
the competent person shall complete and issue the Register of lifting 
appliances and attach the appropriate certificates. An entry shall be 
made in part I of the Register.
    1.5. A rigging plan showing the arrangement of lifting appliances 
shall be provided. In the case of derricks and derrick cranes, the 
rigging should show at least the following information:
    (a) The position of guys;
    (b) The resultant force on blocks, guys, wire ropes and booms;
    (c) The position of blocks;
    (d) The identification mark of individual items; and
    (e) Arrangements and working range of union purchase.

                 2. Periodic Examination and Re-testing

    2.1. All lifting appliances and every item of loose gear shall be 
thoroughly examined by a competent person at least once in every twelve 
months. The particulars of these thorough examinations shall be entered 
in part I of the Register.
    2.2. Re-testing and thorough examination of all lifting appliances 
and every item of loose gear is to be carried out:
    (a) after any substantial alteration or renewal, or after repair to 
any stress bearing part, and
    (b) in the case of lifting appliances, at least once in every five 
years.
    2.3. The retesting referred to in paragraph 2.2(a) may be omitted 
provided the part which has been renewed or repaired is subjected by 
separate test, to the same stress as would be imposed on it if it had 
been tested in-situ during the testing of the lifting appliance.
    2.4. The thorough examinations and tests referred to in paragraph 
2.2. are to be entered in part I of the Register.
    2.5. No new item of loose gear shall be manufactured of wrought 
iron. Heat treatment of any existing wrought iron components should be 
carried out to the satisfaction of the competent person. No heat 
treatment should be applied to any item of loose gear unless the 
treatment is in accordance with the manufacturer's instruction; and to 
the satisfaction of the competent person. Any heat treatment and the 
associated examination are to be recorded by the competent person in 
part I of the Register.

                             3. Inspections

    3.1. Regular visual inspections of every item of loose gear shall be 
carried out by a responsible person before use. A record of these 
regular inspections is to be entered in part II of the Register, but 
entries need only be made when the inspection has indicated a defect in 
the item.

                             4. Certificates

    4.1. The certification forms to be used in conjunction with this 
Register (Form No. 1) are as follows:
    (Form No. 2)--Certificate of test and thorough examination of 
lifting appliance.
    (Form No. 2(U))--Certificate of test and thorough examination of 
derricks used in union purchase.
    (Form No. 3)--Certificate of test and thorough examination of loose 
gear.
    (Form No. 4)--Certificate of test and thorough examination of wire 
rope.

                               Definitions

    (a) The term ``competent authority'' means a minister, government 
department, or other authority empowered to issue regulations, orders or 
other instructions having the force of law.
    (b) The term ``competent person'' means a person appointed by the 
master of the ship or the owner of the gear to be responsible for the 
performance of inspections and who has sufficient knowledge and 
experience to undertake such inspections.
    (c) The term ``thorough examination'' means a detailed visual 
examination by a competent person, supplemented if necessary by other 
suitable means or measures in order to arrive at a reliable conclusion 
as to the safety of the lifting appliance or item of loose gear 
examined.
    (d) The term ``lifting appliance'' covers all stationary or mobile 
cargo handling appliances used on board ship for suspending, raising or 
lowering loads or moving them from one position to another while 
suspended or supported.
    (e) The term ``loose gear'' covers any gear by means of which a load 
can be attached to a lifting appliance, but which does not form an 
integral part of the appliance or load.

[[Page 325]]



                    The Following Are Sample Forms of Certificates as Recommended by the ILO
                       [Part I--Thorough Examination of Lifting Appliances and Loose Gear]
----------------------------------------------------------------------------------------------------------------
                                                                        I certify that on
                                                                       the date to which I
                                                                        have appended my
                                                                       signature, the gear
   Situation and description of                                         shown in col. (1)
lifting appliances and loose gear                                        was thoroughly
 (with distinguishing numbers or   Certificate       Examination         examined and no    Remarks (to be dated
  marks, if any) which have been     Nos. (2)    performed (see note    defects affecting      and signed) (5)
thoroughly examined. (See note 1)                      2) (3)           its safe working
               (1)                                                    condition were found
                                                                        other than those
                                                                        shown in col. (5)
                                                                      (date and signature)
                                                                               (4)
----------------------------------------------------------------------------------------------------------------
                                   ...........  ....................  ....................  ....................
                                   ...........  ....................  ....................  ....................
                                   ...........  ....................  ....................  ....................
----------------------------------------------------------------------------------------------------------------
Note 1: If all the lifting appliances are thoroughly examined on the same date it will be sufficient to enter in
  Col. (1) ``All lifting appliances and loose gear''. If not, the parts that have been thoroughly examined on
  the dates stated must be clearly indicated.
Note 2: The thorough examinations to be indicated in Col. (3) include:
 (a) Initial.
 (b) 12 monthly.
 (c) 5 yearly.
 (d) Repair/Damage.
 (e) Other thorough examinations.


              [Part II--Regular Inspections of Loose Gear]
------------------------------------------------------------------------
Situation and description of
      loose gear (with         Signature and date
  distinguishing numbers or    of the responsible   Remarks (to be dated
marks, if any) that has been   person carrying out       and signed)
   inspected. (See note 1)       the inspection
------------------------------------------------------------------------
 
 
 
 
 
------------------------------------------------------------------------
 Note 1: All loose gear should be inspected before use. However, entries
  need only be made when the inspection discloses a defect.

                               Form No. 2

Identity of National Authority or Competent Organization Certificate of 
           Test and Thorough Examination of Lifting Appliances

Name of Ship____________________________________________________________

Official Number_________________________________________________________

Call Sign_______________________________________________________________

Port of Registry________________________________________________________

Name of Owner___________________________________________________________

Certificate No._________________________________________________________

----------------------------------------------------------------------------------------------------------------
 Situation and description of lifting
   appliances (with distinguishing     Angle to the horizontal                             Safe working load at
 numbers or marks, if any) which have  or radius at which test   Test load (tonnes) (3)   angle or radius shown
 been tested and thoroughly examined       load applied (2)                               in col. 2 (tonnes) (4)
                 (1)
----------------------------------------------------------------------------------------------------------------
 
 
 
 
 
----------------------------------------------------------------------------------------------------------------

    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination.
    I certify that on the date to which I have appended my signature, 
the gear shown in Col. (1) was tested and thoroughly examined and no 
defects or permanent deformation was found and that the safe working 
load is as shown.

Date:___________________________________________________________________

Place:__________________________________________________________________

Signature:______________________________________________________________

    Note: This certificate is the standard international form as 
recommended by the International Labor Office in accordance with ILO 
Convention No. 152.

[[Page 326]]

                          Reverse of Form No. 2

                              Instructions

    1. Every lifting appliance shall be tested with a test load which 
shall exceed the Safe Working Load (SWL) as follows:

------------------------------------------------------------------------
                  SWL                               Test load
------------------------------------------------------------------------
Up to 20 tonnes........................  25 percent in excess.
20 to 50 tonnes........................  5 tonnes in excess.
Over 50 tonnes.........................  10 percent in excess.
------------------------------------------------------------------------

    2. In the case of derrick systems, the test load shall be lifted 
with the ship's normal tackle with the derrick at the minimum angle to 
the horizontal for which the derrick system was designed (generally 15 
degrees), or at such greater angle as may be agreed. The angle at which 
the test was made should be stated in the certificate.
    2.1. The SWL shown is applicable to swinging derrick systems only. 
When derricks are used in union purchase, the SWL (U) is to be shown on 
Form 2 (U).
    2.2. In the case of heavy derricks, care should be taken to ensure 
that the appropriate stays are correctly rigged.
    3. In the case of cranes, the test load is to be hoisted and luffed 
at slow speed. Gantry and traveling cranes together with their trolleys, 
where appropriate, are to be traversed and traveled over the full length 
of their track.
    3.1. In the case of variable load-radius cranes, the tests are 
generally to be carried out with the appropriate test load at maximum, 
minimum and intermediate radii.
    3.2. In the case of hydraulic cranes where limitations of pressure 
make it impossible to lift a test load 25 percent in excess of the safe 
working load, it will be sufficient to lift the greatest possible load, 
but in general this should not be less than 10 percent in excess of the 
safe working load.
    4. As a general rule, tests should be carried out using test loads, 
and no exception should be allowed in the case of initial tests. In the 
case of repairs/replacement or when the periodic examination calls for 
re-test, consideration may be given to the use of spring or hydraulic 
balances provided the SWL of the lifting appliance does not exceed 15 
tonnes. Where a spring or hydraulic balance is used, it shall be 
calibrated and accurate to within 2 percent and the indicator should 
remain constant for five minutes.
    4.1. If the test weights are not used, this is to be indicated in 
Col. (3).
    5. The expression ``tonne'' shall mean a tonne of 1000 kg.
    6. The terms ``competent person'', ``thorough examination'', and 
``lifting appliance'' are defined in Form No. 1.

    Note: For recommendations on test procedures reference may be made 
to the ILO document ``Safety and Health in Dock Work''.

                              Form No. 2(U)

Identity of National Authority or Competent Organization Certificate of 
    Test and Thorough Examination of Derricks Used in Union Purchase

Name of Ship____________________________________________________________

Official Number_________________________________________________________

Call Sign_______________________________________________________________

Port of Registry________________________________________________________

Name of Owner___________________________________________________________

Certificate No._________________________________________________________

----------------------------------------------------------------------------------------------------------------
Situation and description of derricks  Max. height of triangle
     used in Union Purchase (with         plate above hatch                               Safe working load, SWL
   distinguishing numbers or marks)      coaming (m) or max.     Test load (tonnes) (3)  when operating in union
which have been tested and thoroughly   angle between runners                             purchase (tonnes) (4)
             examined (1)                        (2)
----------------------------------------------------------------------------------------------------------------
 
 
 
 
----------------------------------------------------------------------------------------------------------------

Position of outboard preventer guy attachments:
    (a) forward/aft * of mast--(m) and
    (b) from ship's centerline--(m)
Position of inboard preventer guy attachments:
    (a) forward/aft * of mast--(m) and
    (b) from ship's centerline--(m)

    * Delete as appropriate.
    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination

________________________________________________________________________

________________________________________________________________________
    I certify that on the date to which I have appended my signature, 
the gear shown in Col. (1) was tested and thoroughly examined and no 
defects or permanent deformation was found and that the safe working 
load is as shown.

Date:___________________________________________________________________

Signature:______________________________________________________________

Place:__________________________________________________________________


[[Page 327]]

________________________________________________________________________
    Note: This certificate is the standard international form as 
recommended by the International Labour Office in accordance with ILO 
Convention No. 152.

                         Reverse Form No. 2 (U)

                              Instructions

    1. Before being taken into use, the derricks rigged in Union 
Purchase shall be tested with a test load which shall exceed the Safe 
Working Load (SWL (U)) as follows:

------------------------------------------------------------------------
                  SWL                               Test load
------------------------------------------------------------------------
Up to 20 tonnes........................  25 percent in excess.
20 to 50 tonnes........................  5 tonnes in excess.
Over 50 tonnes.........................  10 percent in excess.
------------------------------------------------------------------------

    2. Tests are to be carried out at the approved maximum height of the 
triangle plate above the hatch coaming or at the angle between the cargo 
runners and with the derrick booms in their working positions, to prove 
the strength of deck eye plates and the Union Purchase system. These 
heights or angles must not exceed the values shown on the rigging plan.
    3. Tests should be carried out using test loads.
    4. The expression ``tonne'' shall mean a tonne of 1000 kg.
    5. The terms ``competent person'', ``thorough examination'' and 
``lifting appliance'' are defined in Form No. 1.

    Note: For recommendations on test procedures, reference may be made 
to the ILO document ``Safety and Health in Dock Work''.

                                 Form 3

Identity of National Authority or Competent Organization Certificate of 
               Test and Thorough Examination of Loose Gear

Name of Ship____________________________________________________________

Official Number_________________________________________________________

Call Sign_______________________________________________________________

Port of Registry________________________________________________________

Name of Owner___________________________________________________________

Certificate No._________________________________________________________

----------------------------------------------------------------------------------------------------------------
   Distinguishing       Description of                                            Test load      Safe work load
   number or mark         loose gear       Number tested      Date of test        (tonnes)       (SWL) (tonnes)
----------------------------------------------------------------------------------------------------------------
 
 
 
 
----------------------------------------------------------------------------------------------------------------

    Name and address of makers or suppliers:
    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination.
    I certify that the above items of loose gear were tested and 
thoroughly examined and no defects affecting their SWL were found.

Date:___________________________________________________________________

Place:__________________________________________________________________

Signature:______________________________________________________________

    Note: This certificate is the standard international form as 
recommended by the International Labour Office in accordance with ILO 
Convention No. 152.

                           Reverse Form No. 3

                              Instructions

    1. Every item of loose gear is to be tested and thoroughly examined 
before being put into use for the first time and after any substantial 
alteration or repair to any part liable to affect its safety. The test 
loads to be applied shall be in accordance with the following table:

------------------------------------------------------------------------
                   Item                          Test load (tonnes)
------------------------------------------------------------------------
Single sheave blocks (See Note 1).........  4 x SWL
Multi sheave blocks (See Note 2):
    SWL <25 tonnes........................  2 x SWL
    25 tonnes 160 tonnes.............  1.1 x SWL
Chains, hooks, rings, shackles, swivels,
 etc.:
    SWL <25 tonnes........................  2 x SWL
    SWL 25 tonnes..............  (1.22 x SWL) + 20
Lifting beams, spreaders, frames and
 similar devices:
    SWL <=10 tonnes.......................  2 x SWL
    10 tonnes 160 tonnes.............  1.1 x SWL
------------------------------------------------------------------------


[[Page 328]]

    Note: 1. The SWL for a single sheave block, including single sheave 
blocks with beckets, is to be taken as one-half of the resultant load on 
the head fitting.

    2. The SWL of a multi-sheave block is to be taken as the resultant 
load on the head fitting.
    3. This form may also be used for the certification of 
interchangeable components of lifting appliances.
    4. The expression ``ton'' shall mean a ton of 1,000 kg.
    5. The terms ``competent person'', ``thorough examination'' and 
``loose gear'' are defined in Form No. 1.

    Note: For recommendations on test procedures reference may be made 
to the ILO document ``Safety and Health in Dock Work''.

                               Form No. 4

Identity of National Authority or Competent Organization Certificate of 
               Test and Thorough Examination of Wire Rope

Name of Ship____________________________________________________________

Official Number_________________________________________________________

Call Sign_______________________________________________________________

Port of Registry________________________________________________________

Name of Owner___________________________________________________________

Certificate No._________________________________________________________

------------------------------------------------------------------------
   Name and address of maker or supplier
------------------------------------------------------------------------
Nominal diameter of rope (mm)
Number of strands
Number of wires per strand
Core
Lay
Quality of wire (N/mm\2\)
Date of test of sample
Load at which sample broke (tonnes)
Safe working load of rope (tonnes)
Intended use
------------------------------------------------------------------------

    Name and address of the firm or competent person who witnessed 
testing and carried out thorough examination.
    I certify that the above particulars are correct, and that the rope 
was tested and thoroughly examined and no defects affecting its SWL were 
found.

Date:___________________________________________________________________

Place:__________________________________________________________________

Signature:______________________________________________________________

    Note: This certificate is the standard international form as 
recommended by the International Labour Office in accordance with ILO 
Convention No. 152.

                           Reverse Form No. 4

                              Instructions

    1. Wire rope shall be tested by sample, a piece being tested to 
destruction.
    2. The test procedure should be in accordance with an International 
or recognized National standard.
    3. The SWL of the rope is to be determined by dividing the load at 
which the sample broke, by a co-efficient of utilization, determined as 
follows:

------------------------------------------------------------------------
                   Item                              Coefficient
------------------------------------------------------------------------
Wire rope forming part of a sling:
    SWL of the sling......................  5
    SWL <10 tonnes........................  10 \5\
                                           -----------------------------
    10 tonnes 160 tonnes.............  3
Wire rope as integral part of a lifting
 appliance:
    SWL of lifting appliance..............  10 \4\
                                           -----------------------------
    SWL <=160 tonnes......................  (8.85 x SWL) + 1910
    SWL 160 tonnes.............  3
------------------------------------------------------------------------

    These coefficients should be adopted unless other requirements are 
specified by a National Authority.
    4. The expression ``tonne'' shall mean a tonne of 1000 kg.
    5. The terms ``competent person'', ``thorough examination'' and 
``lifting appliance'' are defined in Form No. 1.

    Note: For recommendations on test procedures reference may be made 
to the ILO document ``Safety and Health in Dock Work''.

 Appendix II to Part 1918--Tables for Selected Miscellaneous Auxiliary 
                            Gear (Mandatory)

    Note: This appendix is mandatory and is to be used in the 
appropriate sections of part 1918 when certificates or the 
manufacturers' use recommendations are not available.

[[Page 329]]



                                            Table 1--Wire Rope Clips
----------------------------------------------------------------------------------------------------------------
                                                    Minimum number of clips
   Improved plow steel, rope (Inches (cm))   ------------------------------------  Minimum spacing (Inches (cm))
                                                 Drop forged     Other material
----------------------------------------------------------------------------------------------------------------
\1/2\ or less (1.3).........................                 3                 4  3 (7.6)
\5/8\ (1.6).................................                 3                 4  3\3/4\ (9.5)
\3/4\ (1.9).................................                 4                 5  4\1/2\ (11.4)
\7/8\ (2.2).................................                 4                 5  5\1/4\ (13.3)
1 (2.5).....................................                 5                 6  6 (15.2)
1\1/8\ (2.9)................................                 6                 6  6\3/4\ (17.1)
1\1/4\ (3.2)................................                 6                 7  7\1/2\ (19.1)
1\3/8\ (3.5)................................                 7                 7  8\1/4\ (21.0)
1\1/2\ (3.8)................................                 7                 8  9 (22.9)
----------------------------------------------------------------------------------------------------------------


             Table 2--Natural Fiber Rope and Rope Slings--Load Capacity in Pounds (lbs.) Safety Factor = 5--Eye and Eye Sling--Basket Hitch
                                             [Angle of rope to horizontal--90 deg. 60 deg. 45 deg. 30 deg.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Angle of rope to vertical
               Rope diameter nominal inch                 Vertical hitch   Choker hitch  ---------------------------------------------------------------
                                                                                              0 deg.          30 deg.         45 deg.         60 deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\...................................................             550             250           1,100             900             750             550
\9/16\..................................................             700             350           1,400           1,200           1,000             700
\5/8\...................................................             900             450           1,800           1,500           1,200             900
\3/4\...................................................           1,100             550           2,200           1,900           1,500           1,100
\13/16\.................................................           1,300             650           2,600           2,300           1,800           1,300
\7/8\...................................................           1,500             750           3,100           2,700           2,200           1,500
1.......................................................           1,800             900           3,600           3,100           2,600           1,800
1\1/16\.................................................           2,100           1,100           4,200           3,600           3,000           2,100
1\1/8\..................................................           2,400           1,200           4,800           4,200           3,400           2,400
1\1/4\..................................................           2,700           1,400           5,400           4,700           3,800           2,700
1\5/16\.................................................           3,000           1,500           6,000           5,200           4,300           3,000
1\1/2\..................................................           3,700           1,850           7,400           6,400           5,200           3,700
1\5/8\..................................................           4,500           2,300           9,000           7,800           6,400           4,500
1\3/4\..................................................           5,300           2,700          10,500           9,200           7,500           5,300
2.......................................................           6,200           3,100          12,500          10,500           8,800           6,200
2\1/8\..................................................           7,200           3,600          14,500          12,500          10,000           7,200
2\1/4\..................................................           8,200           4,100          16,500          14,000          11,500           8,200
2\1/2\..................................................           9,300           4,700          18,500          16,000          13,000           9,300
2\5/8\..................................................          10,500           5,200          21,000          18,000          14,500          10,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Endless Sling
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\...................................................             950             500           1,900           1,700           1,400             950
\9/16\..................................................           1,200             600           2,500           2,200           1,800           1,200
\5/8\...................................................           1,600             800           3,200           2,700           2,200           1,600
\3/4\...................................................           2,000             950           3,900           3,400           2,800           2,000
\13/16\.................................................           2,300           1,200           4,700           4,100           3,300           2,300
\7/8\...................................................           2,800           1,400           5,600           4,800           3,900           2,800
1.......................................................           3,200           1,600           6,500           5,600           4,600           3,200
1\1/16\.................................................           3,800           1,900           7,600           6,600           5,400           3,800
1\1/8\..................................................           4,300           2,200           8,600           7,500           6,100           4,300
1\1/4\..................................................           4,900           2,400           9,700           8,400           6,900           4,900
1\5/16\.................................................           5,400           2,700          11,000           9,400           7,700           5,400
1\1/2\..................................................           6,700           3,300          13,500          11,500           9,400           6,700
1\5/8\..................................................           8,100           4,100          16,000          14,000          11,500           8,100
1\3/4\..................................................           9,500           4,800          19,000          16,500          13,500           9,500
2.......................................................          11,000           5,600          22,500          19,500          16,000          11,000
2\1/8\..................................................          13,000           6,500          26,000          22,500          18,500          13,000
2\1/4\..................................................          15,000           7,400          29,500          25,500          21,000          15,000
2\1/2\..................................................          16,500           8,400          33,500          29,000          23,500          16,500
2\5/8\..................................................          18,500           9,500          37,000          32,500          26,500          18,500
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                Table 3A
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Polypropylene Rope and Rope Slings
------------------------------------------------------------------------
Load Capacity in Pounds (lbs.) Safety Factor = 6
------------------------------------------------------------------------

[[Page 330]]

 
                            Eye and Eye Sling
------------------------------------------------------------------------
                              Basket Hitch
Angle of rope to horizontal
------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Angle of rope to vertical
                Rope diameter nominal in.                 Vertical hitch   Choker hitch  ---------------------------------------------------------------
                                                                                              0 deg.          30 deg.         45 deg.         60 deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\...................................................             650             350           1,300           1,200             950             650
\9/16\..................................................             800             400           1,600           1,400           1,100             800
\5/8\...................................................           1,000             500           2,000           1,700           1,400           1,000
\3/4\...................................................           1,300             700           2,700           2,300           1,900           1,300
\13/16\.................................................           1,600             800           2,600           2,300           2,200           1,600
\7/8\...................................................           1,800             900           3,100           2,700           2,600           1,800
1.......................................................           2,200           1,100           3,600           3,100           3,100           2,200
1\1/16\.................................................           2,500           1,300           4,200           3,600           3,600           2,500
1\1/8\..................................................           2,900           1,500           4,800           4,200           4,100           2,900
1\1/4\..................................................           3,300           1,700           6,700           5,800           4,700           3,300
1\5/16\.................................................           3,700           1,900           7,400           6,400           5,300           3,700
1\1/2\..................................................           4,700           2,400           9,400           8,100           6,700           4,700
1\5/8\..................................................           5,700           2,900          11,500           9,900           8,100           5,700
1\3/4\..................................................           6,800           3,400          13,500          12,000           9,600           6,800
2.......................................................           8,200           4,100          16,500          14,500          11,500           8,200
2\1/8\..................................................           9,700           4,800          19,500          16,500          13,500           9,700
2\1/4\..................................................          11,000           5,500          22,000          19,000          15,500          11,000
2\1/2\..................................................          12,500           6,300          25,500          22,000          18,000          12,500
2\5/8\..................................................          14,500           7,100          28,500          24,500          20,000          14,500
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                Table 3B
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Polypropylene Rope and Rope Slings
------------------------------------------------------------------------
Load Capacity in Pounds (lbs.) Safety Factor = 6
                              Endless Sling
------------------------------------------------------------------------
                              Basket Hitch
------------------------------------------------------------------------
Angle of rope to horizontal
90 deg. 60 deg. 45 deg. 30 deg.
------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Angle of rope to vertical
                Rope diameter nominal in.                 Vertical hitch   Choker hitch  ---------------------------------------------------------------
                                                                                              0 deg.          30 deg.         45 deg.         60 deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\...................................................           1,200             600           2,400           2,100           1,700           1,200
\9/16\..................................................           1,500             750           2,900           2,500           2,100           1,500
\5/8\...................................................           1,800             900           3,500           3,100           2,500           1,800
\3/4\...................................................           2,400           1,200           4,900           4,200           3,400           2,400
\13/16\.................................................           2,800           1,400           5,600           4,900           4,000           2,800
\7/8\...................................................           3,300           1,600           6,600           5,700           4,600           3,300
1.......................................................           4,000           2,000           8,000           6,900           5,600           4,000
1\1/16\.................................................           4,600           2,300           9,100           7,900           6,500           4,600
1\1/8\..................................................           5,200           2,600          10,500           9,000           7,400           5,200
1\1/4\..................................................           6,000           3,000          12,000          10,500           8,500           6,000
1\5/16\.................................................           6,700           3,400          13,500          11,500           9,500           6,700
1\1/2\..................................................           8,500           4,200          17,000          14,500          12,000           8,500
1\5/8\..................................................          10,500           5,100          20,500          18,000          14,500          10,500
1\3/4\..................................................          12,500           6,100          24,500          21,000          17,500          12,500
2.......................................................          15,000           7,400          29,500          25,500          21,000          15,000
2\1/8\..................................................          17,500           8,700          35,500          30,100          24,500          17,500
2\1/4\..................................................          19,500           9,900          39,500          34,000          28,000          19,500
2\1/2\..................................................          23,000          11,500          45,500          39,500          32,500          23,000
2\5/8\..................................................          25,500          13,000          51,500          44,500          36,500          25,500
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 331]]


                                     Table 4A--Rated Load for Grade 80 Alloy Steel Chain Slings\1\ (Chain per NACM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Chain size nominal                              Single leg sling-     Rated load double leg sling horizontal angle (note 2)
-------------------------------------------------------------------------     90 deg. to     -----------------------------------------------------------
                                                                          horizontal loading   60 deg. Double at   45 deg. Double at   30 deg. Double at
                                                                         --------------------       60 deg.             45 deg.             30 deg.
                              inch                                  mm                       -----------------------------------------------------------
                                                                             lb        kg        lb        kg        lb        kg        lb        kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\...........................................................       7     3,500     1,570     6,100     2,700     4,900     2,200     3,500     1,590
\3/8\...........................................................      10     7,100     3,200    12,300     5,500    10,000     4,500     7,100     3,200
\1/2\...........................................................      13    12,000     5,400    20,800     9,400    17,000     7,600     1,200     5,400
\5/8\...........................................................      16    18,100     8,200    31,300    14,200    25,600    11,600    18,100     8,200
\3/4\...........................................................      20    28,300    12,800    49,000    22,300    40,000    18,200    28,300    12,900
\7/8\...........................................................      22    34,200    15,500    59,200    27,200    48,400    22,200    34,200    15,700
1...............................................................      26    47,700    21,600    82,600    37,900    67,400    31,000    47,700    21,900
1\1/4\..........................................................      32    72,300    32,800   125,200    56,800   102,200    46,400    72,300   32,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
(1) Other grades of proof tested steel chain include Proof Coil (Grade 28), Hi-Test (grade 43 Chain, and Transport (grade 70) Chain. These grades are
  not recommended for overhead lifting and therefore are not covered by this standard.
(2) Rating of multi-leg slings adjusted for angle of loading between the inclined leg and the horizontal plane of the load.


          Table 4B--Maximum Allowable Wear at any Point of Link
------------------------------------------------------------------------
       Nominal chain or coupling link size           Maximum allowable
--------------------------------------------------     wear of cross-
                                                    sectional diameter,
                inch                      mm                in.
------------------------------------------------------------------------
\1/4\..............................            7                  0.037
\3/8\..............................           10                  0.052
\1/2\..............................           13                  0.060
\5/8\..............................           16                  0.084
\3/4\..............................           20                  0.105
\7/8\..............................           22                  0.116
1..................................           26                  0.137
1\1/4\.............................           32                 0.169
------------------------------------------------------------------------
Note: For other sizes, consult chain or sling manufacturer.


                                    Table 5--Safe Working Loads for Shackles
                                            [In tons of 2,000 pounds]
----------------------------------------------------------------------------------------------------------------
                    Material size                                  Pin diameter
---------------------------------------------------------------------------------------------  Safe working load
             Inches                      (cm)               Inches               (cm)          in 2,000 lb tons
----------------------------------------------------------------------------------------------------------------
\1/2\...........................               (1.3)               \5/8\               (1.6)                 1.4
\5/8\...........................               (1.6)               \3/4\               (1.9)                 2.2
\3/4\...........................               (1.9)               \7/8\               (2.2)                 3.2
\7/8\...........................               (2.2)                   1               (2.5)                 4.3
1...............................               (2.5)              1\1/8\               (2.9)                 5.6
1\1/8\..........................               (2.9)              1\1/4\               (3.2)                 6.7
1\1/4\..........................               (3.2)              1\3/8\               (3.5)                 8.2
1\3/8\..........................               (3.5)              1\1/2\               (3.8)                10.0
1\1/2\..........................               (3.8)              1\5/8\               (4.1)                11.9
1\3/4\..........................               (4.4)                   2               (5.1)                16.2
2...............................               (5.1)              2\1/4\               (5.7)                21.2
----------------------------------------------------------------------------------------------------------------


Wire Rope Table--Rate Loads for Single Leg Slings 6 x 19 or 6 x 37 Classification Improved Plow Steel Grade Rope
                                              With Fiber Core (FC)
                                     [Rated loads [note 1], tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
                                            Vertical                                                  Choker
----------------------------------------------------------------------------------------------------------------
               Rope diameter, inch                      HT              MS               S           HT, MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\...........................................            0.49            0.51            0.55            0.38
\5/16\..........................................            0.78            0.79            0.85            0.6
\3/8\...........................................            1.1             1.1             1.2             0.85
\7/16\..........................................            1.4             1.5             1.7             1.2
\1/2\...........................................            1.8             2.0             2.1             1.5
\9/16\..........................................            2.3             2.5             2.7             1.9
\5/8\...........................................            2.8             3.1             3.3             2.3
\3/4\...........................................            3.9             4.4             4.8             3.3
\7/8\...........................................            5.2             6.0             6.4             4.5
1...............................................            6.7             7.7             4.8             5.9

[[Page 332]]

 
1\1/8\..........................................            8.4             9.5            11               7.4
1\1/4\..........................................           10              12              13               9.0
1\3/8\..........................................           12              14              15              11
1\1/2\..........................................           15              17              18              13
1\5/8\..........................................           17              19              21              15
1\3/4\..........................................           20              22              25              17
2...............................................           26              29              32             22
----------------------------------------------------------------------------------------------------------------
HT = Hand Tucked Splice.
For Hidden Tuck Splice (IWRC), use vales in HT (FC) columns.
MS = Mechanical Splice.
S = Poured Socket or Swaged Socket.
Note: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be
  reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be
  considered.


  Wire Rope Table--Rated Loads for Single Leg Slings 6 x 19 or 6 x 37 Classification Extra Improved Plow Steel
                                Grade Rope With Independent Wire Rope Core (IWRC)
                                    [Rated loads [note 1] , tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
                                Vertical                                     Choker          Vertical basket
----------------------------------------------------------------------------------------------------------------
                                                                                         [Note (2)]   [Note (3)]
      Rope diameter, inch            HT            MS             S         HT, MS&S         HT          MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\.........................          0.53          0.59          0.59          0.31          1.1          1.1
\5/16\........................          0.82          0.87          0.92          0.64          1.6          1.7
\3/8\.........................          1.2           1.2           1.3           0.92          2.3          2.5
\7/16\........................          1.5           1.7           1.8           1.2           3.1          3.4
\1/2\.........................          2.0           2.2           2.3           1.6           4.0          4.4
\9/16\........................          2.5           2.8           2.9           2.0           1.9          5.5
\5/8\.........................          3.0           3.4           3.6           2.6           6.0          6.8
\3/4\.........................          4.2           4.9           5.1           3.6           8.4          9.7
\7/8\.........................          5.5           6.6           6.9           4.8          11           13
1.............................          7.2           8.5           9.0           6.3          14           17
1\1/8\........................          9.0          10            11             7.9          18           20
1\1/4\........................         11            13            14             9.7          22           26
1\3/8\........................         13            15            17            12            27           31
1\1/2\........................         16            18            20            14            32           37
1\5/8\........................         18            21            23            16            37           43
1\3/4\........................         21            25            27            19            43           49
2.............................         28            32            34            24            55          64
----------------------------------------------------------------------------------------------------------------
HT = Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS = Mechanical Splice. S = Poured Socket or Swaged Socket.
Notes:
(1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced.
  If they are not vertical, the rated load shall be reduced. If two or more slings are used, the minimum
  horizontal angle between the slings shall also be considered.
(2) These values only apply when the D/d ratio is 15 or greater.
(3) These values only apply when the D/d ratio is 25 or greater.
D = Diameter or curvature around which the body of the sling is bent. d = Diameter of rope.


   Wire Rope Table-Rated Loads for Single Leg Slings 6 x 19 or 6 x 37 Classification Extra Improved Plow Steel
                                Grade Rope With Independent Wire Rope Core (IWRC)
                                     [Rated loads [note 1], tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
                                    Vertical                                         Choker      Vertical basket
------------------------------------------------------------------------------------------------    [note (2)]
 
                  Rope diameter                          MS             S             MS&S      ----------------
                                                                                                       MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\............................................           0.65           0.68           0.48               1.3
\5/16\...........................................           1.0            1.1             .074              2.0
\3/8\............................................           1.4            1.5            1.1                2.9
\7/16\...........................................           1.9            2.0            1.4                3.9
\1/2\............................................           2.5            2.7            1.9                5.1
\9/16\...........................................           3.2            3.4            2.4                6.4
\5/8\............................................           3.9            4.1            2.9                7.8
\3/4\............................................           5.6            5.9            4.1               11

[[Page 333]]

 
\7/8\............................................           7.6            8.0            5.6               15
1................................................           9.8           10              7.2               20
1\1/8\...........................................          12             13              9.1               24
1\1/4\...........................................          15             16             11                 30
1\3/8\...........................................          18             19             13                 36
1\1/2\...........................................          21             23             16                 42
1\5/8\...........................................          24             26             18                 49
1\3/4\...........................................          28             31             21                 57
2................................................          37             40             28                73
----------------------------------------------------------------------------------------------------------------
HT = Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS = Mechanical Splice.
S = Poured Socket or Swaged Socket.
Note: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be
  reduced. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the
  minimum horizontal angle between the slings shall also be considered.
(2) These values only apply when the D/d ratio is 25 or greater.


[62 FR 40202, July 25, 1997, as amended at 65 FR 40947, June 30, 2000]



Sec. Appendix III to Part 1918--The Mechanics of Conventional Cargo Gear 
                             (Non-mandatory)

    Note: This appendix is non-mandatory and provides an explanation of 
the mechanics in the correct spotting of cargo handling gear.

    Although the most prevalent method of cargo handling is accomplished 
through the use of modern shoreside container gantry cranes, there are 
occasions when break-bulk cargo is handled with conventional ship's 
cargo gear. This appendix provides a reference for those unfamiliar with 
such cargo gear.
    Sections 1918.52, 1918.53, and 1918.54 all address the subject of 
rigging and operating vessel's cargo handling gear. It is important to 
understand that under the Burton System of cargo handling (conventional 
gear consisting of two cargo derricks with married falls), the midships 
or up-and-down boom should be spotted as close to the fore and aft 
centerline of the hatch as operationally possible. Such spotting of the 
up-and-down boom will allow the most effective leads for the guy(s) and 
preventer(s) to safely support the lateral stresses generated in the 
boom(s) by the married falls. As the lead of the guy(s) and preventer(s) 
approaches the vertical, in supporting the boom(s) head, the total 
stress in the guy(s) increases rapidly due to the increased vertical 
force that is generated in the guy(s) in order to counteract any 
particular horizontal or lateral force exerted on the boom(s) head. The 
appreciable vertical forces that are generated in this process are 
transmitted, in substantial part, to the boom(s) and topping lift(s), 
causing proportionate compressive stresses in the boom(s) and tension 
stresses in the topping lift(s).
    In general, guys and preventers must be located so that enough 
vertical resistance is developed so as to prohibit the boom(s) from 
jackknifing as cargo passes across the deck. Special care must be 
exercised in the proper placement of guys and preventers associated with 
the Burton or yard boom. Preventers, when used, must parallel as closely 
as possible the guys that they support. Guys and preventers must not be 
attached to the same fitting.
    While under a load, the cargo falls (running rigging) must not be 
permitted to chafe on any standing or other running gear. Special 
attention must be paid to ensure that cargo runners work freely through 
the heel block, without chafing the cheek of the block. Also, bobbing 
chains and heel block preventers must be attached so as to not interfere 
with the movement of the cargo runners.

[[Page 334]]



Sec. Appendix IV to Part 1918--Special Cargo Gear and Container Spreader 
     Test Requirements (Mandatory) [see Sec.  1918.61 (f), (g), (h)]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
            Type gear              Test requirement        Tested by                    Proof test
----------------------------------------------------------------------------------------------------------------
            A. All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater     Prior to initial    OSHA accredited     Up to 20 short      125% SWL.
 than 5 short tons (10,000 lbs./   use.                agency only.        tons.
 4.5 metric tons).
                                  Prior to reuse                          From 20 to 50       5 short tons in
                                   after structural                        short tons.         excess of SWL.
                                   damage repair.
                                  Every four years    OSHA accredited     Over 50 short tons  110% SWL.
                                   after initial       agency or
                                   proof load test.    designated person.
2. Safe Working Load--5 short     Prior to initial    OSHA accredited                    125% SWL.
 tons or less.                     use.                agency or
                                                       designated person.
                                  Prior to reuse
                                   after structural
                                   damage repair.
3. Intermodal container           Prior to initial    OSHA accredited                    125% SWL.
 spreaders not part of vessel's    use.                agency only.
 cargo handling gear.
                                  Prior to reuse
                                   after structural
                                   damage repair.
                                  Every four years    OSHA accredited
                                   after initial       agency or
                                   proof load test.    designated person.
----------------------------------------------------------------------------------------------------------------
 B. All Special Cargo Handling Gear in Use Prior to January 21, 1998 and Proof Load Tested Prior to Initial Use
                                                (See Note Below)
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater     Every four years    OSHA accredited     Up to 20 short      125% SWL.
 than 5 short tons (10,000 lbs./   starting on         agency or           tons.
 4540 kg.).                        January 21, 1998.   designated person.
                                  Prior to reuse      OSHA accredited     From 20 to 50       5 short tons in
                                   after structural    agency.             short tons.         excess of SWL.
                                   damage repair.
                                                                          Over 50 short tons  110% SWL.
2. Safe Working Load--5 short     Prior to reuse      OSHA accredited                    125% SWL.
 tons or less.                     after structural    agency or
                                   damage repair.      designated person.
3. Intermodal container           Every four years    OSHA accredited                    125% SWL.
 spreaders not part of vessel's    starting on         agency or
 cargo handling gear.              January 21, 1998.   designated person.
                                  Prior to reuse      OSHA accredited
                                   after structural    agency..
                                   damage repair.
----------------------------------------------------------------------------------------------------------------

    Note to appendix IV: Special stevedoring gear in use prior to 
January 21, 1998 was covered by Sec.  1918.61(b), in effect prior to 
January 21, 1998. (See 29 CFR Parts 1911 to 1925 revised as of July 1, 
1997). The assumption is made that gear in use prior to January 21, 
1998, has already been proof load tested, although not necessarily by an 
accredited agency. However, if the employer cannot certify that such 
gear was proof load tested under Sec.  1918.61(b), in effect prior to 
January 21, 1998, (See 29 CFR Parts 1911 to 1925 revised as of July 1, 
1997), than it must be proof load tested in accordance with Sec.  
1918.61 in effect on January 21, 1998, (See 29 CFR Parts 1911 to 1925 
revised as of July 1, 1998.)

[65 FR 40950, June 30, 2000]



  Sec. Appendix V to Part 1918--Basic Elements of a First Aid Training 
                         Program (Non-mandatory)

    Note: This appendix is non-mandatory and provides guidelines for 
small businesses, institutions teaching first aid, and the recipients of 
first aid training.

                        General Program Elements

                           A. Teaching Methods

    1. Trainees should develop ``hands on'' skills through the use of 
manikins and trainee partners during their training.
    2. Trainees should be exposed to acute injury and illness settings 
as well as the appropriate response to those settings through the use of 
visual aids, such as video tape and slides.
    3. Training should include a course workbook which discusses first 
aid principles and responses to settings that require interventions.
    4. Training duration should allow enough time for particular 
emphasis on situations likely to be encountered in particular 
workplaces.
    5. An emphasis on quick response to first aid situations should be 
incorporated throughout the program.

[[Page 335]]

            B. Principles of Responding to a Health Emergency

    The training program should include instruction in:
    1. Injury and acute illness as a health problem.
    2. Interactions with the local emergency medical services system. 
Trainees have the responsibility for maintaining a current list of 
emergency telephone numbers (police, fire, ambulance, poison control) 
easily accessible to all employees.
    3. The principles of triage.
    4. The legal aspects of providing first aid services.

           C. Methods of Surveying the Scene and the Victim(s)

    The training program should include instruction in:
    1. The assessment of scenes that require first aid services 
including:
    a. general scene safety.
    b. likely event sequence.
    c. rapid estimate of the number of persons injured.
    d. identification of others able to help at the scene.
    2. Performing a primary survey of each victim including airway, 
breathing, and circulation assessments as well as the presence of any 
bleeding.
    3. The techniques and principles of taking a victim's history at the 
scene of an emergency.
    4. Performing a secondary survey of the victim including assessments 
of vital signs, skin appearance, head and neck, eye, chest, abdomen, 
back, extremities, and medical alert symbols.

           D. Basic Adult Cardiopulmonary Resuscitation (CPR)

    Basic adult CPR training should be included in the program. 
Retesting should occur every year. The training program should include 
instruction in:
    1. Establishing and maintaining adult airway patency.
    2. Performing adult breathing resuscitation.
    3. Performing adult circulatory resuscitation.
    4. Performing choking assessments and appropriate first aid 
interventions.
    5. Resuscitating the drowning victim.

                     E. Basic First Aid Intervention

    Trainees should receive instruction in the principles and 
performance of:
    1. Bandaging of the head, chest, shoulder, arm, leg, wrist, elbow, 
foot, ankle, fingers, toes, and knee.
    2. Splinting of the arm, elbow, clavicle, fingers, hand, forearm, 
ribs, hip, femur, lower leg, ankle, knee, foot, and toes.
    3. Moving and rescuing victims including one and two person lifts, 
ankle and shoulder pulls, and the blanket pull.

                        F. Universal Precautions

    Trainees should be provided with adequate instruction on the need 
for and use of universal precautions. This should include:
    1. The meaning of universal precautions, which body fluids are 
considered potentially infectious, and which are regarded as hazardous.
    2. The value of universal precautions for infectious diseases such 
as AIDS and hepatitis B.
    3. A copy of OSHA's standard for occupational exposure to bloodborne 
pathogens or information on how to obtain a copy.
    4. The necessity for keeping gloves and other protective equipment 
readily available and the appropriate use of them.
    5. The appropriate tagging and disposal of any sharp item or 
instrument requiring special disposal measures such as blood soaked 
material.
    6. The appropriate management of blood spills.

                          G. First Aid Supplies

    The first aid provider should be responsible for the type, amount, 
and maintenance of first aid supplies needed for their particular 
worksite(s). These supplies need to be stored in a convenient area 
available for emergency access.

                         H. Trainee Assessments

    Assessment of successful completion of the first aid training 
program should include instructor observation of acquired skills and 
written performance assessments. First aid skills and knowledge should 
be reviewed every three years.

                            I. Program Update

    The training program should be periodically reviewed with current 
first aid techniques and knowledge. Outdated material should be replaced 
or removed.

                        Specific Program Elements

                       A. Type of Injury Training

                                1. Shock

    Instruction in the principles and first aid intervention in:
    a. shock due to injury.
    b. shock due to allergic reactions.
    c. the appropriate assessment and first aid treatment of a victim 
who has fainted.

                               2. Bleeding

    a. the types of bleeding including arterial, venous, capillary, 
external, and internal.

[[Page 336]]

    b. the principles and performance of bleeding control interventions 
including direct pressure, pressure points, elevation, and pressure 
bandaging.
    c. the assessment and approach to wounds including abrasions, 
incisions, lacerations, punctures, avulsions, amputations, and crush 
injuries.
    d. the principles of wound care including infection precautions, 
wounds requiring medical attention, and the need for tetanus 
prophylaxis.

                              3. Poisoning

    Instruction in the principles and first aid intervention of:
    a. alkali, acid and systemic poisons. In addition, all trainees 
should know how and when to contact the local Poison Control Center.
    b. inhaled poisons including carbon monoxide, carbon dioxide, smoke, 
and chemical fumes, vapors and gases as well as the importance of 
assessing the toxic potential of the environment to the rescuer and the 
need for respirators.
    Trainees should be instructed in the acute effect of chemicals 
utilized in their plants, the location of chemical inventories, material 
safety data sheets (MSDS's), chemical emergency information, and 
antidote supplies.
    c. topical poisons including poison ivy, poison sumac, poison oak, 
and insecticides.
    d. drugs of abuse including alcohol, narcotics such as heroin and 
cocaine, tranquilizers, and amphetamines.

                                4. Burns

    Instruction in the principles and first aid intervention of:
    a. assessing the severity of the burn including first degree, second 
degree, and third degree burns.
    b. differentiating between the types of third degree burns (thermal, 
electrical, and chemical) and their specific interventions. Particular 
attention should be focused upon chemical burns, and the use of specific 
chemicals in the workplace which may cause them.

                         5. Temperature Extremes

    Instruction in the principles and first aid intervention of:
    a. exposure to cold including frostbite and hypothermia.
    b. exposure to heat including heat cramps, heat exhaustion, and heat 
stroke.

                       6. Musculoskeletal Injuries

    The training program should include instruction in the principles 
and first aid intervention in:
    a. open fractures, closed fractures, and splinting.
    b. dislocations, especially the methods of joint dislocations of the 
upper extremity. The importance of differentiating dislocations from 
fractures.
    c. joint sprains.
    d. muscle strains, contusions, and cramps.
    e. head, neck, back, and spinal injuries.

                           7. Bites and Stings

    Instruction in the principles and first aid intervention in:
    a. human and animal (especially dog and snake) bites.
    b. bites and stings from insects (spiders, ticks, scorpions, hornets 
and wasps). Interventions should include responses to anaphylactic 
shock; other allergic manifestations; rabies and tetanus prophylaxis.

                         8. Medical Emergencies

    Instruction in the principles and first aid intervention of:
    a. heart attacks
    b. strokes
    c. asthma attacks
    d. diabetic emergencies including diabetic coma, insulin shock, 
hyperglycemia, and hypoglycemia.
    e. seizures including tonic-clonic and absence seizures. Importance 
of not putting gags in mouth.
    f. pregnancy including the appropriate care of any abdominal injury 
or vaginal bleeding.

                           9. Confined Spaces

    a. the danger of entering a confined space to administer first aid 
without having the appropriate respiratory protection.
    b. if first aid personnel will be required to assist evacuations 
from confined spaces, additional training will be needed.

                       B. Site of Injury Training

    Instruction in the principles and first aid intervention of injuries 
to the following sites:

                            1. Head and Neck

    a. including skull fractures, concussions, and mental status 
assessments with particular attention to temporary loss of consciousness 
and the need for referral to a physician.
    b. including the appropriate approach to the management of the 
individual who has suffered a potential neck injury or fracture.

                                 2. Eye

    a. foreign bodies, corneal abrasions and lacerations.
    b. chemical burns and the importance of flushing out the eye.
    c. the importance of not applying antibiotics without physician 
supervision.

[[Page 337]]

                                 3. Nose

    a. nose injuries and nose bleeds.

                           4. Mouth and Teeth

    a. oral injuries, lip and tongue injuries, and broken and removed 
teeth. The importance of preventing inhalation of blood and teeth.

                                5. Chest

    a. rib fractures, flail chest, and penetrating wounds.

                               6. Abdomen

    a. blunt injuries, penetrating injuries, and protruding organs.

                   7. Hand, Finger, and Foot Injuries

    a. finger/toe nail hematoma, lacerations, splinters, finger nail 
avulsion, ring removal, and foreign bodies.
    b. the importance of identifying amputation care hospitals in the 
area. When an amputation occurs, appropriate handling of amputated 
fingers, hands, and feet during the immediate transportation of the 
victim and body part to the hospital.

    Editor's Note: At 85 FR 8733, Feb. 18, 2020, appendix V was amended; 
however, the amendatory instruction could not be followed.



PART 1919_GEAR CERTIFICATION--Table of Contents



                      Subpart A_General Provisions

Sec.
1919.1 Purpose and scope.
1919.2 Definition of terms.

               Subpart B_Procedure Governing Accreditation

1919.3 Application for accreditation.
1919.4 Action upon application.
1919.5 Duration and renewal of accreditation.
1919.6 Criteria governing accreditation to certificate vessels' cargo 
          gear.
1919.7 Voluntary amendment or termination of accreditation.
1919.8 Suspension or revocation of accreditation.
1919.9 Reconsideration and review.

  Subpart C_Duties of Persons Accredited To Certificate Vessels' Cargo 
                                  Gear

1919.10 General duties; exemptions.
1919.11 Recordkeeping and related procedures concerning records in 
          custody of accredited persons.
1919.12 Recordkeeping and related procedures concerning records in 
          custody of the vessel.

             Subpart D_Certification of Vessels' Cargo Gear

1919.13 General.
1919.14 Initial tests of cargo gear and tests after alterations, 
          renewals or repairs.
1919.15 Periodic tests, examinations and inspections.
1919.16 Heat treatment.
1919.17 Exemptions from heat treatment.
1919.18 Grace periods.
1919.19 Gear requiring welding.
1919.20 Damaged components.
1919.21 Marking and posting of safe working loads.
1919.22 Requirements governing braking devices and power sources.
1919.23 Means of derrick attachment.
1919.24 Limitations on use of wire rope.
1919.25 Limitations on use of chains.

    Subpart E_Certification of Vessels: Tests and Proof Loads; Heat 
                      Treatment; Competent Persons

1919.26 Visual inspection before tests.
1919.27 Unit proof tests--winches, derricks and gear accessory thereto.
1919.28 Unit proof tests--cranes and gear accessory thereto.
1919.29 Limitations on safe working loads and proof loads.
1919.30 Examinations subsequent to unit tests.
1919.31 Proof tests--loose gear.
1919.32 Specially designed blocks and components.
1919.33 Proof tests--wire rope.
1919.34 Proof tests after repairs or alterations.
1919.35 Order of tests.
1919.36 Heat treatment.
1919.37 Competent persons.

      Subpart F_Accreditation To Certificate Shore-Based Equipment

1919.50 Eligibility for accreditation to certificate shore-based 
          material handling devices covered by Sec.  1917.50 of this 
          chapter, safety and health regulations for marine terminals.
1919.51 Provisions respecting application for accreditation, action upon 
          the application, and related matters.

   Subpart G_Duties of Persons Accredited To Certificate Shore-Based 
                        Material Handling Devices

1919.60 General duties, exemptions.

    Subpart H_Certification of Shore-Based Material Handling Devices

1919.70 General provisions.

[[Page 338]]

1919.71 Unit proof test and examination of cranes.
1919.72 Annual examination of cranes.
1919.73 Unit proof test and examination of derricks.
1919.74 Annual examination of derricks.
1919.75 Determination of crane or derrick safe working loads and 
          limitations in absence of manufacturer's data.
1919.76 Safe working load reduction.
1919.77 Safe working load increase.
1919.78 Nondestructive examinations.
1919.79 Wire rope.
1919.80 Heat treatment.
1919.81 Examination of bulk cargo loading or discharging spouts or 
          suckers.
1919.90 Documentation.

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657); Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355), as 
applicable; and 29 CFR 1911.

    Source: 39 FR 22096, June 19, 1974, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  1919.1  Purpose and scope.

    (a) The regulations in this Part implement Sec. Sec.  1915.115, 
1917.50 and 1918.11 of this chapter. They provide procedures and 
standards governing accreditation of persons by the Occupational Safety 
and Health Administration, U.S. Department of Labor, for the purpose of 
certificating vessels' cargo gear and shore-based material handling 
devices, and the manner in which such certification shall be performed.
    (b) Accreditation is not required, and the regulations of this part 
are not applicable, under the following circumstances:
    (1) When cargo gear certification is performed for vessels inspected 
and certificated under the authority of the U.S. Coast Guard, \1\ or for 
foreign vessels certificated under the requirements of a foreign nation 
or by persons acceptable for certification purposes by a foreign nation.
---------------------------------------------------------------------------

    \1\ Jurisdiction of the U.S. Coast Guard extends to matters within 
the scope of title 52 of the Revised Statutes and Acts supplementary or 
amendatory thereto (46 U.S.C. 1-1388, passim); to matters within the 
regulatory authority of the U.S. Coast Guard under the provisions of the 
Espionage Act of June 15, 1917, as amended (40 Stat. 220; 50 U.S.C. 191 
et seq.; 22 U.S.C. 401 et seq.) or to matters within the regulatory 
authority of the U.S. Coast Guard under section 4(e) of the Outer 
Continental Shelf Lands Act of Aug. 7, 1953 (67 Stat. 462; 43 U.S.C. 
1333).
---------------------------------------------------------------------------

    (2) When cargo gear certification is performed for shore-based 
material handling devices under standards established and enforced by 
the States wherein the devices are located, or by political subdivisions 
delegated this responsibility by the States, provided such standards 
meet the requirements of Sec.  1917.50(b)(2) of this chapter.
    (c) Persons not required to be accredited for gear certification 
purposes, as set forth in paragraph (b) of this section, may, 
nevertheless, apply for and receive accreditation by the Administration. 
The appropriate subparts of this part shall apply to persons accredited 
pursuant to this paragraph except insofar as exemptions may be granted.

[39 FR 22096, June 19, 1974, as amended at 65 FR 40951, June 30, 2000]



Sec.  1919.2  Definition of terms.

    (a) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, including special-purpose floating structures not primarily 
designed for or used as a means of transportation on water.
    (b) Except as otherwise noted, cargo gear, as used in subparts B 
through E of this part, includes that gear forming a part of a vessel's 
equipment which is used for the handling of cargo other than bulk 
liquids, but does not include gear which is used only for handling or 
holding hoses, handling ships' stores, or handling the gangway, or boom 
conveyor belt.
    (c) With reference to equipment covered by this part--
    (1) Derrick means:
    (i) When applied to vessels' cargo handling gear, a mechanical 
device for lifting, including a boom which is suspended at its head by a 
topping lift from a mast, king post, or similar structure, controlled in 
the horizontal plane by vangs, and used either singly or in pairs with 
married falls;

[[Page 339]]

    (ii) When applied to shore-based material handling devices, a 
mechanical device intended for lifting, with or without a boom supported 
at its head by a topping lift from a mast, fixed A frame, or similar 
structure. The mast or equivalent member may or may not be supported by 
guys or braces. The boom, where fitted, may or may not be controlled in 
the horizontal plane by guys (vangs). The term includes shear legs.
    (2) Crane means a mechanical device, intended for lifting or 
lowering a load and moving it horizontally, in which the hoisting 
mechanism is an integral part of the machine. A crane may be a fixed or 
mobile machine.
    (3) Bulk cargo spout means a spout which may or may not be 
telescopic and may or may not have removable sections, but is suspended 
over the vessel from some overhead structure by wire rope or other 
means. Such a spout is often used with a ``thrower'' or ``trimming 
machine''. A grain loading spout is an example of those covered by this 
definition.
    (4) Bulk cargo sucker means a pneumatic conveyor which utilizes a 
spoutlike device, which may be adjustable vertically and/or laterally, 
and which is suspended over a vessel from some overhead structure by 
wire rope or other means. An example of an installation of this nature 
is the ``grain sucker'' used to discharge grain from barges.
    (d) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or his 
authorized representative.
    (e) Administration means the Occupational Safety and Health 
Administration, U.S. Department of Labor.
    (f) Person includes any individual, partnership, corporation, 
agency, association, or organization.
    (g) Competent person means:
    (1) An individual qualified to perform gear certification functions 
with respect to vessels' cargo handling gear, as specifically set forth 
in Sec.  1919.37.
    (2) An individual qualified under the provisions of subparts F and G 
of this part to perform gear certification functions with respect to 
shore-based material handling devices.
    (h) Ton means a ton of 2,240 pounds when applied to vessels' cargo 
handling gear, and a ton of 2,000 pounds when applied to shore-based 
material handling devices or to shore-type cranes permanently mounted 
aboard barges or other vessels employed in domestic trade and designed 
on the basis of the 2,000-pound ton. Capacity ratings may be stated in 
pounds.
    (i) Nondestructive examination means examination of structure or 
parts by electronic, ultrasonic, or other nondestructive examination 
suitable for the purpose.



               Subpart B_Procedure Governing Accreditation



Sec.  1919.3  Application for accreditation.

    (a) Application. Any person seeking accreditation shall file an 
original and duplicate copy of an application for accreditation with the 
Assistant Secretary of Labor for Occupational Safety and Health, United 
States Department of Labor, Washington, D.C. 20210, on a form provided 
by the Administration for this purpose. Each application shall be signed 
and certified by the applicant and, if the applicant is an agency or 
organization, by a responsible officer of such agency or organization.
    (b) Contents of application. The application form shall include the 
following information:
    (1) A statement detailing the applicable types of work performed by 
the applicant in the past, noting the amount and extent of such work 
performed within the previous three years, listing representative 
vessels involved, and including representative job orders, if available, 
or equivalent evidence;
    (2) Descriptive details concerning any testing instruments and heat 
treatment furnaces which are to be used in conducting required tests or 
heat treatments. Test reports indicating that instruments meet the 
accuracy standards set forth in this part shall be included;
    (3) A list setting forth the ports in which applicant currently 
conducts his business as well as those in which he proposes to conduct 
gear certification activities;

[[Page 340]]

    (4) A list of the applicant's responsible qualified personnel, both 
supervisory and managerial and including any surveyors, with resumes of 
their individual experience in the testing, examination, inspection and 
heat treatment of cargo gear. Such list shall include any branch office 
personnel or surveyors appointed to act in the applicant's behalf in any 
of the ports of the United States: Provided, however, That where the 
submission of individual resumes would be unduly burdensome because of 
the large number of persons engaged in the applicant's behalf, the 
applicant, after stating this fact, need only submit a list of its 
personnel together with a detailed statement of the qualifications upon 
which the appointment of surveyors is based;
    (5) A detailed schedule of the fees proposed to be charged for the 
various gear certification services;
    (6) Evidence of financial stability;
    (7) Names of at least three business references who will furnish 
information regarding work performed by applicant;
    (8) Any additional information the applicant deems to be pertinent.

(Section 1919.3 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0003)

[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]



Sec.  1919.4  Action upon application.

    (a) Upon receipt of an application for accreditation, the Assistant 
Secretary shall approve or deny the application. The Assistant Secretary 
may conduct an investigation, which may include a hearing, prior to 
approving or denying an application. To the extent he deems appropriate, 
the Assistant Secretary may provide an opportunity to other interested 
persons to present data and views on the application prior to approval 
or denial.
    (b) Any application which fails to present the information required 
by the prescribed form may be returned to the applicant with a notation 
of deficiencies and without prejudice to submission of a new or revised 
application.
    (c) If the application is approved, notice of approval shall be 
mailed to the applicant. If the application is denied, notice of such 
denial shall be mailed to the applicant and such denial shall be without 
prejudice to any subsequent application except where such action is 
deemed to be in the public interest. In the event an application is 
denied with prejudice, the provisions of Sec.  1919.9 shall be 
applicable.
    (d) A copy of the notice of accreditation shall be kept on file by 
applicant at the applicant's place of business.



Sec.  1919.5  Duration and renewal of accreditation.

    The period of accreditation shall not exceed three years. 
Applications for renewal of accreditation shall be made on the same form 
as described in Sec.  1919.3. No accreditation shall expire until action 
on an application for renewal shall have been finally determined, 
provided that such application has been properly executed in accordance 
with Sec.  1919.3 and filed with and received by the Assistant Secretary 
not less than 15 nor more than 60 days prior to the expiration date. A 
final determination means either the approval or initial denial of the 
application for renewal. The procedure specified in Sec.  1919.4 shall 
be applicable to all applications for renewal.



Sec.  1919.6  Criteria governing accreditation to certificate vessels'
cargo gear.

    (a)(1) A person applying for accreditation to issue registers and 
pertinent certificates, to maintain registers and appropriate records, 
and to conduct initial, annual and quinquennial surveys, shall not be 
accredited unless that person is engaged in one or more of the following 
activities:
    (i) Classification of vessels;
    (ii) Certification of vessels' cargo gear;
    (iii) Shipbuilding or ship repairing, or both insofar as related to 
work on vessels' cargo handling gear;
    (iv) Unit and loose gear testing of vessels' cargo handling gear.
    (2) Applicants for accreditation under paragraph (a)(1) of this 
section for operations in coastal or Great Lakes ports who come within 
paragraph (a)(1) (ii) or (iv) shall not be accredited unless they 
conduct at least 1,500 hours of cargo gear certification work per year.

[[Page 341]]

    (b) A person applying for accreditation to carry out tests of loose 
gear or wire rope, or both, or to carry out heat treatments, and to 
issue the related certificates, shall be engaged in one or both of the 
following activities:
    (1) Testing of loose gear or wire rope, or both;
    (2) Heat treatment of chains and loose cargo gear.
    (c)(1) A person applying for accreditation shall be staffed by 
individuals technically qualified to conduct the inspections and 
examinations and to conduct or supervise tests and heat treatments 
prescribed in this part. Any representatives, agents or surveyors acting 
on behalf of a person applying for accreditation in ports in which such 
operations are conducted shall be similarly qualified.
    (2) Accreditation to conduct such nondestructive examination as may 
be a part of any certification activity may be granted to applicants 
found competent and equipped to carry out this activity.
    (d) Except as noted in Sec.  1919.1(c), and unless exemptions are 
granted under Sec.  1919.10(h), a person applying for accreditation as 
specified in paragraph (a) of this section shall be prepared to carry 
out all of the requirements of subparts C, D, and E, of this part except 
that loose gear and wire rope tests and heat treatments may be carried 
out by the manufacturer of the gear concerned or by another person 
accredited specifically for this purpose.
    (e) A person applying for accreditation shall have a satisfactory 
record of performance, and shall be in sound financial condition.

[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]



Sec.  1919.7  Voluntary amendment or termination of accreditation.

    The accreditation of any person may be voluntarily amended or 
terminated upon written request filed with the Assistant Secretary.



Sec.  1919.8  Suspension or revocation of accreditation.

    The Assistant Secretary may suspend or revoke the accreditation of 
any person for cause. Except in cases of willfulness or cases in which 
the public interest requires otherwise, before any accreditation is 
suspended or revoked, facts or conduct which may warrant such action 
shall be called to the attention of the person involved in writing and 
that person shall be afforded an opportunity to achieve or demonstrate 
appropriate compliance.



Sec.  1919.9  Reconsideration and review.

    (a) Any person aggrieved by the action of the Assistant Secretary or 
his authorized representative in denying, granting, suspending or 
revoking an accreditation under this part may within 15 days after such 
action, (1) file a written request for reconsideration thereof by the 
Assistant Secretary or the authorized representative of the Assistant 
Secretary who made the decision in the first instance, or (2) file a 
written request for review of the decision by the Assistant Secretary or 
an authorized representative of the Assistant Secretary, who has taken 
no part in the action which is the subject for review.
    (b) A request for reconsideration shall be granted where the 
applicant shows that there is additional evidence which may materially 
affect the decision and that there were reasonable grounds for failure 
to adduce such evidence in the original proceedings.
    (c) Any person aggrieved by the action of the Assistant Secretary or 
authorized representative of the Assistant Secretary in denying a 
request for reconsideration may, within 15 days after the denial of such 
request, file with the Assistant Secretary or his authorized 
representative a written request for review.
    (d) Any person aggrieved by the reconsidered determination of the 
Assistant Secretary or authorized representative of the Assistant 
Secretary, may within 15 days after such determination, file with the 
Assistant Secretary a written request for review.
    (e) A request for review shall be granted where reasonable grounds 
for the review are set forth in the request.
    (f) If a request for reconsideration or review is granted, all 
interested persons shall be afforded an opportunity to present their 
views.
    (g) No cargo gear certification function shall be performed by any 
person

[[Page 342]]

seeking reconsideration or review under this section pending the final 
decision with respect to such reconsideration or review.



  Subpart C_Duties of Persons Accredited To Certificate Vessels' Cargo 
                                  Gear



Sec.  1919.10  General duties; exemptions.

    (a) Except as noted in Sec.  1919.1 and in paragraph (h) of this 
section, the requirements set forth in subparts D and E of this part 
shall be strictly adhered to in all testing, examinations, inspections, 
and heat treatments.
    (b) Supervision of all testing, examinations, inspections, and heat 
treatments shall be carried out only by such persons as are listed in 
the application for accreditation, or subsequent supplements thereto, 
submitted pursuant to this part.
    (c) The certificates issued by an accredited person shall be signed 
and all register entries made only by an authorized agent of such 
accredited person. No certification shall be issued until any 
deficiencies considered by the accredited person to constitute a 
currently unsatisfactory condition have been corrected. Replacement 
parts shall be of equal or better quality as original equipment and 
suitable for the purpose. In the event deficiencies remain uncorrected 
and no certification may therefore be issued, the accredited person 
shall inform the nearest District Office of the Administration of the 
circumstances.
    (d) Dynamometers or other recording test equipment owned by an 
accredited person shall have been tested for accuracy within the six 
months next preceding application for accreditation or renewal of same. 
Such test shall be performed with calibrating equipment which has been 
checked in turn so that indications are traceable to the National Bureau 
of Standards. A copy of test reports shall accompany the application. 
Where test equipment is not the property of the accredited person, that 
person shall not issue any certificate based upon the use of such 
equipment unless its owner has made available a certificate of accuracy 
based on the requirements of this paragraph, obtained within 1 year 
prior to such use and stating the errors of the equipment. Reasonable 
standards of accuracy shall be met and proof loads adjusted as 
necessary.
    (e) An accredited person shall, upon request, provide the nearest 
local office of the Administration with advance information as to 
scheduled testing or of such other functions as are performed and 
facilitate the Administration's observation of any such activities as it 
may desire to witness: Provided, however, That tests need not be 
delayed, except when specifically requested by the Administration under 
unusual circumstances.
    (f) All cargo gear registers or certificates issued by an accredited 
person shall be made on forms prescribed or approved by the 
Administration.
    (g) Unless otherwise instructed by the Assistant Secretary in 
specific instances, any person accredited under Sec.  1919.6(a) shall 
accept certificates, relating to loose gear or wire rope tests or to 
heat treatments which are issued by the manufacturer of the gear 
concerned, by another person accredited specifically by the Assistant 
Secretary for this purpose, or by any other person whose certificates 
are acceptable to the Administration. Such certificates shall either be 
attached as a part of the vessel's certification or shall be used as the 
basis for the issuance of the accredited person's own loose gear, wire 
rope, or heat treatment certificates. In the latter case, the original 
certificates shall be kept on file by the accredited person as part of 
the permanent record of the vessel concerned.
    (h) In case of practical difficulties or unnecessary hardships, the 
Assistant Secretary in his discretion may grant exemptions from any 
provision of subparts C, D, and E of this part.



Sec.  1919.11  Recordkeeping and related procedures concerning records 
in custody of accredited persons.

    (a) An accredited person shall maintain records of all work 
performed under subparts D and E of this part.
    (b) An accredited person shall maintain a continuous record of the 
status of the certification of each vessel issued a register by such 
person.
    (c) The records required in paragraphs (a) and (b) of this section 
shall

[[Page 343]]

be available for examination by the Assistant Secretary.
    (d) When annual or quinquennial tests, inspections, examinations, or 
heat treatments are performed by an accredited person, other than the 
person who originally issued the vessel's register, such accredited 
person shall furnish copies of any certificates issued and information 
as to register entries to the person originally issuing the register.
    (e) An accredited person shall inform the nearest local office of 
the Administration whenever a vessel is initially certificated under 
these regulations and a register in the prescribed form has been issued.
    (f) A copy of each certificate relating to unit tests or thorough 
examinations, except those issued by the manufacturer and those issued 
by accredited persons outside of the United States, shall be sent to the 
nearest local office of the Administration within 10 days after 
issuance. Such records shall form a part of the Administration's file on 
the accredited person.
    (g) An accredited person shall promptly notify the nearest local 
office of the Administration with respect to any changes in technical 
personnel, in fee schedules in geographical areas in which operations 
are conducted, or other pertinent substantial changes in its 
organization or operations.

[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]



Sec.  1919.12  Recordkeeping and related procedures concerning records
in custody of the vessel.

    (a) A fully completed and up-to-date register shall be kept in the 
form prescribed or approved by the Administration, giving the 
particulars required with respect to:
    (1) The inspections and thorough examinations required by Sec.  
1919.15(a) and (b).
    (2) The thorough examinations required by Sec.  1919.15(c).
    (3) The thorough examinations required by Sec.  1919.17.
    (4) The heat treatment required by Sec.  1919.16 (a) and (b), and 
Sec.  1919.19.
    (b) Certificates in the form prescribed or approved by the 
Administration shall be kept up-to-date, be attached to the register, 
and shall contain the particulars required with respect to:
    (1) The testing and examinations required by Sec. Sec.  1919.14, 
1919.15(a), and 1919.19.
    (2) The heat treatment required by Sec. Sec.  1919.16 and 1919.19.
    (c) The certificates and entries in the register shall be signed by 
a person qualified under Sec.  1919.37.
    (d) Adequate means shall be provided to enable persons examining the 
register, or any certificate attached thereto, to identify items of 
cargo gear referred to therein. Small items of gear, such as shackles, 
shall bear a mark to indicate that they have been initially tested.
    (e) Records shall be kept aboard vessels identifying wire rope or 
articles of loose gear obtained from time to time and required to be 
certificated under the regulations of this part.
    (f) An accredited person shall instruct the vessel's officers, or 
the vessel's operator if the vessel is unmanned, that the vessel's 
register and certificates shall be preserved for at least 5 years after 
the date of the latest entry except in the case of nonrecurring test 
certificates concerning gear which is kept in use for a longer period, 
in which event the pertinent certificates shall be retained so long as 
that gear is continued in use.
    (g) In cases where derricks, spouts, suckers, or cranes are mounted 
permanently aboard barges which remain in domestic inland waters 
service, the certification documentation shall comply with the 
provisions of Sec.  1919.90 of this part.

[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]



             Subpart D_Certification of Vessels' Cargo Gear



Sec.  1919.13  General.

    (a) Except as noted in Sec.  1919.1 and as provided in exemptions 
under Sec.  1919.10(h), certification performed by accredited persons 
shall conform to the requirements contained in this subpart.
    (b) Safe working loads assigned to assembled units of gear, shall be 
based on

[[Page 344]]

applicable design criteria acceptable to the accredited person. Where no 
design data on which to base a rating is obtainable, the safe working 
load ratings assigned shall be based on the owner's information and 
warranty that those so assigned are correct. Unit test certificates 
shall state the basis for any such safe working load assignment.



Sec.  1919.14  Initial tests of cargo gear and tests after alterations, 
renewals or repairs.

    (a)(1) Before being taken into use, hoisting machines, fixed gear 
aboard vessels accessory thereto, and loose gear and wire rope used in 
connection therewith shall be tested and examined and the safe working 
load thereof certified in the manner set forth in subpart E of this 
part.
    (2) Replacement or additional loose gear and wire rope obtained from 
time to time shall also be tested and examined in the manner set forth 
in paragraph (a)(1) of this section. However, the replacement of a 
component part of an article of loose gear such as a sheave, pin, or 
bushing does not require a new test certificate as long as the new 
component at least equals in all particulars the part replaced.
    (b) In the case of untested gear which has been in use, an initial 
test in conformance with paragraph (a)(1) of this section shall be 
carried out: Provided, however, That existing standing rigging and wire 
rope will not be required to be tested but shall be thoroughly examined 
to ascertain its fitness for continued use in conformance with the 
requirements of Sec. Sec.  1919.24 and 1919.25.
    (c) In the case of important alterations or renewals of the 
machinery and gear and also after repairs due to failure of or damage to 
other than loose components, a test as required in paragraph (a)(1) of 
this section shall be carried out.
    (d) If the operation in which cargo gear is engaged never utilizes 
more than a fraction of the safe working load rating, the owner may, at 
his option, have said gear certificated for, and limited in operation 
to, a lesser maximum safe working load: Provided, however, That the gear 
concerned is physically capable of operation at the original load rating 
and the load reduction is not for the purpose of avoiding correction of 
any deficiency.
    (e) In no case shall safe working loads be increased beyond the 
original design limitations unless such increase is based on engineering 
calculations by or acceptable to the accredited certification agency, 
and all necessary structural changes are carried out.



Sec.  1919.15  Periodic tests, examinations and inspections.

    After being taken into use, every hoisting machine, all fixed gear 
aboard vessels accessory thereto and loose gear used in connection 
therewith shall be tested, thoroughly examined or inspected as follows:
    (a) Derricks with their winches and accessory gear, including the 
attachments, as a unit; and cranes and other hoisting machines with 
their accessory gear, as a unit, shall be tested and thoroughly examined 
every 5 years in the manner set forth in subpart E of this part.
    (b) Derricks, their permanent attachments and any other fixed gear, 
the dismantling of which is especially difficult, shall be visually 
inspected every twelve months. In order to facilitate such inspection, 
all derricks shall be lowered.
    (c) All hoisting machines (e.g., cranes, winches, blocks, shackles, 
and all other accessory gear) not included in paragraph (b) of this 
section shall be thoroughly examined every 12 months by means of a 
visual examination, supplemented as necessary by other means, such as a 
hammer test or with electronic, ultrasonic, or other nondestructive 
methods, carried out as carefully as conditions permit in order to 
arrive at a reliable conclusion as to the safety of the parts examined. 
Particular attention shall be paid to the suitability for continued use 
of all swivels and the pins and bushings of blocks. If necessary, parts 
of the machines or gear shall be dismantled. If blocks are disassembled, 
all shell bolt nuts shall be securely locked upon reassembly.
    (d) Where a derrick or crane is mounted on a barge hull, and ballast 
tanks within the hull are used to facilitate use of the derrick or 
crane, or uncontrolled free surface may be a factor,

[[Page 345]]

each annual inspection or examination, as required, shall include such 
inspection as is necessary for the purpose of determining the integrity 
of any internals contributing to stability under conditions of use. The 
owner shall provide the accredited person with necessary information on 
any ballasting arrangements required.
    (e) Annual inspection or examination, as required, shall include, 
among other things, examination of the following:
    (1) Derrick heel attachment points. Heel pins may, if possible, be 
examined by nondestructive examination.
    (2) Shrouds and stays necessary in the use of the gear, together 
with attachment points.
    (3) Deck fittings for the securing of vangs, topping lifts, and/or 
preventers.
    (4) Means of attachment to the hull of ``A'' frame or other fixed 
derrick or crane structure and of mobile types of equipment permanently 
placed aboard the barge or vessel.
    (5) Clamshell buckets or other similar equipment, such as magnets, 
etc., used in conjunction with a derrick or crane mounted aboard a 
vessel, with particular attention to closing line wires and sheaves. The 
accredited person may supplement such examination by requesting any 
operational tests he may deem appropriate.
    (6) Winch and other operating drums for excessive wear or defect.

[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]



Sec.  1919.16  Heat treatment.

    (a) All chains (other than bridle chains attached to derricks or 
masts), rings, hooks, shackles, and swivels made of wrought iron, which 
are used in hoisting or lowering, shall be annealed in accordance with 
Sec.  1919.36 at the following intervals:
    (1) Half-inch and smaller chains, rings, hooks, shackles and swivels 
in general use, at least once every six months; and
    (2) All other chains, rings, hooks, shackles, and swivels in general 
use, at least once every twelve months.
    (3) In the case of gear used solely on lifting machinery worked by 
hand, twelve months shall be substituted for six months in paragraph 
(a)(1) of this section and two years for twelve months in paragraph 
(a)(2) of this section.
    (4) When used in this paragraph, the term ``in general use'' means 
used on fifty-two or more days in a year. In any case, however, the 
period between annealings shall not exceed two years.
    (b) Chains, rings, hooks, shackles, and swivels made of material 
other than wrought iron or steel shall be heat treated when necessary in 
accordance with Sec.  1919.36(b).



Sec.  1919.17  Exemptions from heat treatment.

    Gear made of steel, or gear which contains (as in ball bearings 
swivels), or is permanently attached to (as with blocks) equipment made 
of materials which cannot be subjected to heat treatment shall be exempt 
from the requirements of Sec.  1919.16. Such gear, however, shall be 
thoroughly examined in the manner described in Sec.  1919.15(c).



Sec.  1919.18  Grace periods.

    Grace periods allowed in connection with the requirements of this 
subpart are as follows:
    (a) Annual or six-month requirements--by the end of the voyage 
during which they become due;
    (b) Quinquennial requirements--within six months after the date when 
due;
    (c) Grace periods shall not be deemed to extend subsequent due 
dates.

[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]



Sec.  1919.19  Gear requiring welding.

    Chains or other gear which have been lengthened, altered or repaired 
by welding shall be properly heat treated where necessary, and, before 
again being put into use, shall be tested and reexamined in the manner 
set forth in subpart E of this part.



Sec.  1919.20  Damaged components.

    (a) Pursuant to Sec.  1918.51(b) of this chapter, any derrick or 
associated permanent fitting which is deformed in service between 
surveys shall be subjected to proof test to determine its suitability 
for continued service. If a proof test indicates that the derrick or 
associated permanent fitting may be continued in service without repair, 
a

[[Page 346]]

note of the existing deformity shall be made on the test certificate. 
When, in the opinion of the accredited person, it is unsafe to conduct a 
proof test with an existing deformity, the derrick or associated 
permanent fitting shall be replaced or repaired and then subjected to 
proof test in accordance with subpart E of this part.
    (b) Any loose gear components which are injured or deformed by a 
proof load shall be replaced before a certificate is issued.
    (c) Any derrick, other fixed installation, or associated permanent 
fitting which is injured or deformed by a proof load shall be replaced 
or repaired and another proof load test shall be conducted without 
damage before a certificate is issued.



Sec.  1919.21  Marking and posting of safe working loads.

    (a) The safe working load of the assembled gear and the minimum 
angle to the horizontal at which this load may be applied shall be 
plainly marked at the heels of all booms along with the date of the 
test. Where gear is certificated for use in union purchase, the union 
purchase safe working load shall also be plainly marked. Any limitations 
shall be noted in the vessel's papers.
    (b) The safe working load shall be marked on all blocks used in 
hoisting or lowering.
    (c) When the capacity of the boom of a crane or derrick has been or 
will be rated in accordance with the variance of its radius, the maximum 
safe working loads for the various working angles of the boom and the 
maximum and minimum radii at which the boom may be safely used shall be 
conspicuously posted near the controls and visible to the crane 
operator. Ratings may be stated in pounds. When they are stated in tons 
of 2,000 pounds, this fact shall be indicated.



Sec.  1919.22  Requirements governing braking devices and power sources.

    All types of winches and cranes shall be provided with means to stop 
and hold the proof load in any position, and the efficiency of such 
means shall be demonstrated. Electric winches, electrohydraulic winches 
fitted with electromagnetic or hydraulic brakes at the winch, or 
electric cranes shall be equipped so that a failure of the electric 
power shall stop the motion and set the brakes without any action on the 
part of the operator. Current for operation of electric winches and 
cranes during the tests shall be taken from the vessel's circuits. Shore 
current may be used if it passes through the vessel's main switchboard.



Sec.  1919.23  Means of derrick attachment.

    Appropriate measures shall be taken to prevent the foot of a derrick 
from being accidentally lifted from its socket or support during the 
test.



Sec.  1919.24  Limitations on use of wire rope.

    (a) An eye splice made in any wire rope shall have at least three 
tucks with a whole strand of rope and two tucks with one-half of the 
wires cut out of each strand. However, this requirement shall not 
operate to preclude the use of another form of splice or connection 
which can be shown to be as efficient and which is not prohibited by 
part 1918 of this chapter.
    (b) Except for eye splices in the ends of wires, each wire rope used 
in hoisting or lowering, in guying derricks, or as a topping lift, 
preventer or pendant shall consist of one continuous piece without knot 
or splice.
    (c) Eyes in the ends of wire rope cargo falls shall not be formed by 
knots and, in single part falls, shall not be formed by wire rope clips.
    (d) The ends of falls shall be secured to the winch drums by clamps, 
U-bolts, shackles or some other equally strong method. Fiber rope 
fastenings shall not be used.
    (e) Wire rope shall not be used for the vessel's cargo gear if in 
any length of eight diameters, the total number of visible broken wires 
exceeds 10 percent of the total number of wires, or if the rope shows 
other signs of excessive wear, corrosion, or defect. Particular 
attention shall be given to the condition of those sections of wire rope 
adjacent to any terminal connections, those sections exposed to abnormal 
wear, and those sections not normally exposed for examination.

[[Page 347]]



Sec.  1919.25  Limitations on use of chains.

    Chains forming a part of vessel's cargo gear shall not be used when, 
due to stretch, the increase of length of a measured section exceeds 
five percent, when a link is damaged, or when other external defects are 
evident. Chains shall not be shortened by bolting, wiring, or knotting.



    Subpart E_Certification of Vessels: Tests and Proof Loads; Heat 
                      Treatment; Competent Persons



Sec.  1919.26  Visual inspection before tests.

    Before any test under this subpart E is carried out, a visual 
inspection of the gear involved shall be conducted and any visibly 
defective gear shall be replaced or repaired. The provisions of Sec.  
1919.15(d) shall be adhered to.



Sec.  1919.27  Unit proof tests--winches, derricks and gear accessory thereto.

    (a) Winches, with the whole of the gear accessory thereto (including 
derricks, goosenecks, eye plates, eye bolts, or other attachments), 
shall be tested with a proof load which shall exceed the safe working 
load as follows:

------------------------------------------------------------------------
            Safe working load                        Proof load
------------------------------------------------------------------------
Up to 20 tons............................  25 percent in excess.
20-50 tons...............................  5 tons in excess.
Over 50 tons.............................  10 percent in excess.
------------------------------------------------------------------------

    (b) The proof load shall be lifted with the vessel's normal tackle 
with the derrick at an angle not more than 15 degrees to the horizontal, 
or, at the designed minimum angle when this is greater, or, when this is 
impracticable, at the lowest practicable angle. The angle at which the 
test was made shall be stated in the certificate of test. After the 
proof load has been lifted, it shall be swung as far as possible in both 
directions. In applying the proof load, the design factors of the gear 
concerned will determine whether the load is applied with a single part 
fall or with a purchase and the certificate of test shall state the 
means used. Where winches are fitted with mechanical brakes for manual 
operation they shall be demonstrated to be in satisfactory operating 
condition.
    (c) In the case of heavy lift derrick barges, proof loads shall be 
applied, except as limited by design and stability considerations, at 
the maximum and minimum radii for which designed, as well as at any 
intermediate radius which the surveyor may deem necessary, and shall be 
swung as far as possible in both directions. Data with respect to each 
proof load applied shall be entered in the test certificate.
    (d) No items of cargo gear furnished by outside sources shall be 
used as a part of the vessel's gear for the purpose of accomplishing the 
proof test.
    (e) All tests prescribed by this section should in general be 
carried out by dead load, except that in the case of quadrennial tests, 
replacements, or renewals, spring or hydraulic balances may be used 
where dead loads are not reasonably available. However, no exception 
shall be allowed in the case of gear on new vessels.
    (f) The test shall not be regarded as satisfactory unless the 
indicator remains constant under the proof load for a period of at least 
5 minutes.
    (g)(1) The safe working load, determined pursuant to the 
requirements of this section, shall be applicable only to a swinging 
derrick. When using two fixed derricks in ``union purchase'' rigs, the 
safe working load should generally be reduced. It is recommended that 
owners obtain union purchase safe working load certification based upon 
design study and analysis by, or acceptable to, a qualified technical 
office of an accredited gear certification agency, with the recognition 
that such determinations are valid only for the conditions contemplated 
in the analysis.
    (2) Where both guys and preventers are fitted, union purchase 
certification shall state whether the guy or the preventer is the 
working strength member, when the guy is for slewing only, and when the 
guy and preventer should share working loads as far as practicable.
    (h) When necessary in the proof testing of heavy derricks, the 
appropriate shrouds and stays shall be rigged.

[[Page 348]]



Sec.  1919.28  Unit proof tests--cranes and gear accessory thereto.

    (a) Except as noted in paragraph (e) of this section, cranes and 
other hoisting machines, together with gear accessory thereto, shall be 
tested with a proof load which shall exceed the safe working load as 
follows:

------------------------------------------------------------------------
            Safe working load                        Proof load
------------------------------------------------------------------------
Up to 20 tons............................  25 percent in excess.
20-50 tons...............................  5 tons in excess.
Over 50 tons.............................  10 percent in excess.
------------------------------------------------------------------------

    (b) The proof load shall be lifted and swung as far as possible in 
both directions. If the jib or boom of the crane has a variable radius, 
it shall be tested with proof loads, as specified in paragraph (a) of 
this section, at the maximum and minimum radii. In the case of hydraulic 
cranes, when due to the limitation of pressure it is impossible to lift 
a load 25 percent in excess of the safe working load, it will be 
sufficient to lift the greatest possible load.
    (c) Initial proof tests of new cranes shall be made only with a dead 
load as specified in paragraph (b) of this section.
    (d) Initial tests of cranes which have been in service, quadrennial 
tests, or tests associated with replacements or renewals, may be made 
with spring or hydraulic balances where dead loads are not reasonably 
available under the following conditions:
    (1) Tests shall be conducted at maximum, minimum, and intermediate 
radius points, as well as such points in the arc of rotation as meet 
with the approval of the accredited person.
    (2) An additional test shall be conducted with partial load and 
shall include all functions and movements contemplated in the use of the 
crane.
    (e) In cases where shore-type cranes are mounted permanently aboard 
barges, the requirements of this Subpart E with respect to unit proof 
tests and examinations shall not apply and the applicable requirements 
of Subpart H of this part shall be adhered to with respect to unit proof 
tests and examinations.



Sec.  1919.29  Limitations on safe working loads and proof loads.

    The proof loads specified by Sec. Sec.  1919.27 and 1919.28 shall be 
adjusted as necessary to meet any pertinent limitations based on 
stability and/or on structural competence at particular radii. Safe 
working loads shall be reduced accordingly.



Sec.  1919.30  Examinations subsequent to unit tests.

    (a) After satisfactory completion of the unit proof load tests 
required by Sec. Sec.  1919.27 and 1919.28, the cargo gear and all 
component parts thereof shall be given a thorough visual examination, 
supplemented as necessary by other means, such as a hammer test or with 
electronic, ultrasonic, or other nondestructive methods, to determine if 
any of the parts were damaged, deformed, or otherwise rendered unsafe 
for further use.
    (b) When the test of gear referred to in paragraph (a) of this 
section is being conducted for the first time on a vessel, accessory 
gear shall be dismantled or disassembled for examination after the test. 
The sheaves and pins of the blocks included in this test need not be 
removed unless there is evidence of deformation or failure.
    (c) For subsequent tests such parts of the gear shall be dismantled 
or disassembled after the test as necessary to determine their 
suitability for continued service.
    (d) When blocks are disassembled all shell bolt nuts shall be 
securely locked upon reassembly.
    (e) In carrying out the requirements of this section, replacement 
shall be required of:
    (1) Any swivel found to have excessive tolerance as a result of wear 
on any bearing surface.
    (2) Pins of blocks found to be shouldered, notched, or grooved from 
wear, in which case, in addition to replacing the pin, sheave bushings 
shall be examined for suitability for continued use.



Sec.  1919.31  Proof tests--loose gear.

    (a) Chains, rings, shackles and other loose gear (whether accessory 
to a machine or not) shall be tested with a proof load against the 
article equal to that shown in the following table:

[[Page 349]]



------------------------------------------------------------------------
              Article of gear                        Proof load
------------------------------------------------------------------------
Chain, ring, hook, shackle or swivel......  100 percent in excess of the
                                             safe working load.
Blocks:
  Single sheave block.....................  300 percent in excess of the
                                             safe working load. \1\
  Multiple sheave block with safe working   100 percent in excess of the
   load up to and including 20 tons.         safe working load.
  Multiple sheave block with safe working   20 tons in excess of the
   load over 20 tons up to and including     safe working load.
   40 tons.
  Multiple sheave block with safe working   50 percent in excess of the
   load over 40 tons.                        safe working load.
  Pitched chains used with hand-operated    50 percent in excess of the
   blocks and rings, hooks, shackles or      safe working load.
   swivels permanently attached thereto.
  Hand-operated blocks used with pitched    50 percent in excess of the
   chains and rings, hooks, shackles or      safe working load.
   swivels permanently attached thereto.
------------------------------------------------------------------------
\1\ The proof load applied to the block is equivalent to twice the
  maximum resultant load on the eye of pin of the block when lifting the
  nominal safe working load defined in (i) below. The proof load is,
  therefore, equal to four times the safe working load as defined in (i)
  below or twice the safe working load as defined in (ii) below.
(i) The nominal safe working load of a single-sheave block should be the
  maximum load which can be safely lifted by the block when the load is
  attached to a rope which passes around the sheave of the block.
(ii) In the case of a single-sheave block where the load is attached
  directly to the block instead of to a rope passing around the sheave,
  it is permissible to lift a load equal to twice the nominal safe
  working load of the block as defined in (i) above.
(iii) In the case of a lead block so situated that an acute angle cannot
  be formed by the two parts of the rope passing over it (i.e., the
  angle is always 90[deg] or more), the block need not have a greater
  nominal safe working load than one-half the maximum resultant load
  which can be placed upon it.

    (b) In cases where persons accredited to carry out loose gear tests 
may be retained to conduct tests of special stevedoring gear as 
described in Sec.  1918.61(b) of this chapter, which does not form part 
of a vessel's equipment, such tests shall adhere to the requirements set 
forth in Sec.  1918.61(b) (1), (2), and (3) of this chapter.
    (c) After being tested as required by paragraph (a) of this section, 
and before being taken into use, all chains, rings, hooks, shackles, 
blocks or other loose gear, except as noted in Sec.  1919.32, shall be 
thoroughly examined, the sheaves and pins of the blocks being removed 
for this purpose, to determine whether any part has been injured or 
permanently deformed by the test. Shell bolt nuts shall be securely 
locked upon reassembly. Defective loose gear components shall be 
replaced before the certificate is issued.
    (d) Any certificate relating to shackles, swivels or strength 
members of single-sheave blocks which have been restored to original 
dimensions by welding shall state this fact.



Sec.  1919.32  Specially designed blocks and components.

    (a) Blocks and connecting components of an unusual nature which are 
specially designed and constructed as an integral part of a particular 
lifting unit and are either permanently affixed or of such design that 
two or more components must be tested together need not be considered as 
loose gear for purposes of Sec.  1919.31.
    (b) In lieu of the loose gear proof test required by Sec.  
1919.31(a), design data shall be submitted to an accredited 
certification agency indicating design and material specifications and 
analysis whereby the designed strength of such gear may be determined.
    (c) Subsequent to the test of the lifting unit as a whole, a 
thorough visual examination shall be made of disassembled parts and an 
electronic, ultrasonic, or other equally efficient nondestructive 
examination shall be made of those parts not dismantled to ensure the 
safe condition of such parts.



Sec.  1919.33  Proof tests--wire rope.

    Wire rope, except as provided in Sec.  1919.14(b), shall be tested 
by sample, a piece being tested to destruction, and the safe working 
load of running ropes, unless otherwise acceptable to the Administration 
on the basis of design, shall not exceed one-fifth of the breaking load 
of the sample tested. In the case of running ropes used in gear with a 
safe working load exceeding 10 tons, the safe working load shall not 
exceed one-fourth of the breaking load of the sample tested.

[[Page 350]]



Sec.  1919.34  Proof tests after repairs or alterations.

    When proof loads are applied after repairs or alterations, all parts 
of the assembled gear shall be examined as required in Sec. Sec.  
1919.30, 1919.31(c), or 1919.32(c), whichever is applicable.



Sec.  1919.35  Order of tests.

    When both unit and loose gear proof load tests are required, the 
loose gear test may be carried out after completion of the unit test.



Sec.  1919.36  Heat treatment.

    (a) The annealing of wrought iron gear required by this part shall 
be accomplished at a temperature between 1100[deg] and 1200 [deg]F. and 
the exposure shall be of between 30 and 60 minutes duration. After being 
annealed, the gear shall be allowed to cool slowly and shall then be 
carefully inspected. All annealing shall be carried out in a closed 
furnace.
    (b) When heat treatment of loose gear made of other than wrought 
iron or steel is recommended by the manufacturer, it shall be carried 
out in accordance with the specifications of the manufacturer.



Sec.  1919.37  Competent persons.

    All gear certification functions shall be performed by competent 
persons as set forth in the following table:

------------------------------------------------------------------------
             Functions                        Competent person
------------------------------------------------------------------------
Any testing, examination,           Responsible individual, surveyor or
 inspection, or heat treatment       other authorized agent of a person
 required in United States ports.    accredited by the Administration
                                     under the regulations contained in
                                     this part.
Any testing, examination,           Responsible individual, surveyor or
 inspection, or heat treatment       other authorized agent of persons
 required while the vessel is in     recognized by the Commandant of the
 other than United States ports.     United States Coast Guard or by a
                                     foreign nation whose certification
                                     is accepted by the Administration
                                     as being in substantial accordance
                                     with Sec.   1918.12(a) of this
                                     chapter.
Testing, examination and            Employees or authorized agents of
 inspection of loose gear or wire    persons accredited specifically by
 rope; heat treatment of loose       the Administration for this purpose
 gear.                               under the regulations contained in
                                     this part, or the manufacturer of
                                     the gear concerned unless
                                     disapproved by the Assistant
                                     Secretary.
------------------------------------------------------------------------



      Subpart F_Accreditation To Certificate Shore-Based Equipment



Sec.  1919.50  Eligibility for accreditation to certificate shore-based material
handling devices covered by Sec.  1917.50 of this chapter, safety and health 
regulations for marine terminals.

    (a) A person applying for accreditation to carry out certification 
activities and to issue and maintain the requisite records must be:
    (1) A manufacturer of cranes or derricks or of specialized equipment 
of the type for which accreditation application is made, or a person or 
organization representing such a manufacturer in a technical capacity; 
or
    (2) Technically experienced and qualified to carry out examinations 
and/or testing, as applicable, of vessels or shore-based equipment or 
gear of the type for which accreditation application is made.
    (b) The owner of shore-based equipment affected may designate a 
member of his organization to carry out certification functions 
respecting the owner's equipment, on the following conditions:
    (1) The designee is technically experienced and qualified in the 
inspection and maintenance or design of the type of equipment involved, 
aside from employment as an operator only.
    (2) The designee has applied to an accredited, nationally operating 
certification agency and has been granted appointment or equivalent 
recognition by that agency as a surveyor for the purpose intended.
    (3) Certification activities carried out by the designee are cleared 
through the offices, and are subject to the approval, of the accredited 
certificating agency. When equipment is found satisfactory for use upon 
any survey, said equipment may be used pending receipt of notification 
of such approval or any disapproval.

[[Page 351]]

    (4) In cases where equipment is certificated by a person designated 
by the equipment owner, the cognizant accredited certification agency 
retains the right to inspect such equipment as desired and convenient in 
order to ascertain the adequacy of the certification activity performed.
    (c) Accreditation to conduct such nondestructive examination as may 
be a part of any certification activity may be granted to applicants 
found competent and equipped to carry out this activity.
    (d) Unless exemptions are granted at the discretion of the Assistant 
Secretary in cases of practical difficulties or unnecessary hardship, 
applicants for accreditation as specified in this section shall be 
prepared to carry out all necessary functions, except that any requisite 
wire rope tests, nondestructive examinations, and heat treatments may be 
carried out by the manufacturer of the gear concerned or by another 
person accredited specifically for these purposes.
    (e) A person applying for accreditation shall have a satisfactory 
record of relevant experience and performance, and shall be in sound 
financial condition.



Sec.  1919.51  Provisions respecting application for accreditation, action
upon the application, and related matters.

    The provisions of Sec. Sec.  1919.3, 1919.4, 1919.5, 1919.7, 1919.8, 
and 1919.9 shall govern accreditation to certificate shore-based 
material handling devices to the extent applicable.

(Section 1919.51 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0003)

[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]



   Subpart G_Duties of Persons Accredited To Certificate Shore-Based 
                        Material Handling Devices



Sec.  1919.60  General duties, exemptions.

    (a) The requirements of subpart H of this part shall be strictly 
observed: Provided, however, That in cases of practical difficulties or 
unnecessary hardship, the Assistant Secretary in his discretion may 
grant exemptions or variations from any provision in that subpart.
    (b) Except as otherwise noted in this part, all functions required 
by subpart H of this part shall be carried out by or under the 
supervision of a person accredited for the purpose or by his authorized 
representative.
    (c) All required unit proof load tests shall be carried out by the 
use of weights as a dead load. Only where this is not possible may 
dynamometers or other recording test equipment be used. Any such 
recording test equipment owned by an accredited person shall have been 
tested for accuracy within the 6 months next preceding application for 
accreditation or renewal thereof. Such test shall be performed with 
calibrating equipment which has been checked in turn so that indications 
are traceable to the National Bureau of Standards. A copy of test 
reports shall accompany the accreditation application. Where test 
equipment is not the property of the accredited person, that person 
shall not issue any certificate based upon the use of such equipment 
unless its owner has made available a certificate of accuracy based on 
the requirements of this paragraph obtained within the year prior to 
such use, and stating the errors of the equipment. In any event, 
reasonable standards of accuracy shall be met and proof loads adjusted 
as necessary.
    (d) The qualifications of any person appointed or recognized by any 
accredited person for the purpose of carrying out certification 
functions shall meet with the approval of the Assistant Secretary.
    (e) Sections 1919.10(e) and (g) and 1919.11 shall govern, to the 
extent applicable, persons accredited under subpart F of this part.



    Subpart H_Certification of Shore-Based Material Handling Devices



Sec.  1919.70  General provisions.

    (a) Certification of shore-based material handling devices shall 
conform to the requirements contained in this subpart, except in cases 
for which exemptions or variations have been granted

[[Page 352]]

by the Assistant Secretary as provided in Sec. Sec.  1919.50(d) and 
1919.60(a).
    (b) Any replacements or repairs deemed necessary by the accredited 
person shall be carried out before application of a proof test.
    (c) Ton in this subpart means a ton of 2,000 pounds.
    (d) When applied to shore-based material handling devices, ratings 
may be stated in pounds rather than tons. When stated in tons of 2,000 
pounds, this fact shall be indicated.



Sec.  1919.71  Unit proof test and examination of cranes.

    (a) Unit proof tests of cranes shall be carried out at the following 
times:
    (1) In the cases of new cranes, before initial use and every 4 years 
thereafter.
    (2) In the cases of uncertificated cranes which have been in use, at 
the time of initial certification and every 4 years thereafter.
    (3) After important alterations and renewals and after repairs due 
to failure of, or damage to major components.
    (b) Unit proof load tests of cranes shall be carried out where 
applicable with the boom in the least stable direction relative to the 
mounting, based on the manufacturer's specifications.
    (c) Unit proof load tests shall be based on the manufacturer's load 
ratings for the conditions of use and shall, except in the case of 
bridge type cranes utilizing a trolley, consist of application of a 
proof load of 10 percent in excess of the load ratings at maximum and 
minimum radii, and at such intermediate radii as the certificating 
authority may deem necessary in the circumstances. \1\ Trolley equipped 
cranes shall be subject to a proof load of 25 percent in excess of the 
manufacturer's load rating. In cases of foreign manufacture, the 
manufacturer's specifications shall be subject to approval by the 
certificating authority as being equivalent to U.S. practice. The weight 
of all auxiliary handling devices such as, but not limited to, magnets, 
hooks, slings, and clamshell buckets, shall be considered part of the 
load.
---------------------------------------------------------------------------

    \1\ The manufacturer's load ratings are usually based upon 
percentage of tipping loads under some conditions and upon limitations 
of structural competence at others, as well as on other criteria such as 
type of crane mounting, whether or not outriggers are used, etc. Some 
cranes utilizing a trolley may have only one load rating assigned and 
applicable at any outreach. It is important that the manufacturer's 
ratings be used.
---------------------------------------------------------------------------

    (d) An examination shall be carried out in conjunction with each 
unit proof load test. The accredited person, or his authorized 
representative, shall make a determination as to correction of 
deficiencies found. The examination shall cover the following points as 
applicable:
    (1) All functional operating mechanisms shall be examined for 
improper function, maladjustment, and excessive component wear, with 
particular attention to sheaves, pins, and drums. The examination shall 
include operation with partial load, in which all functions and 
movements, including, where applicable, maximum possible rotation in 
both directions, are performed.
    (2) All safety devices shall be examined for malfunction.
    (3) Lines, tanks, valves, drains, pumps, and other parts of air or 
hydraulic systems shall be examined for deterioration or leakage.
    (4) Loose gear components, such as hooks, including wire rope and 
wire rope terminals and connections, shall be checked with particular 
attention to sections of wire rope exposed to abnormal wear and to 
sections not normally exposed for examination. The provisions of Sec.  
1919.24 shall apply in wire rope examinations. Cracked or deformed hooks 
shall be discarded and not reused on any equipment subject to the 
provisions of part 1918 of this chapter and this part 1919.
    (5) Rope reeving shall comply with manufacturer's recommendations.
    (6) Deformed, cracked, or excessively corroded members in crane 
structure and boom shall be repaired or replaced as necessary.
    (7) Loose bolts, rivets, or other connections shall be corrected.
    (8) Worn, cracked, or distorted parts affecting safe operation shall 
be corrected.
    (9) Brake and clutch system parts, linings, pawls, and ratchets 
shall be examined for excessive wear and free operation.

[[Page 353]]

    (10) Load, boom angle, or other indicators shall be checked over 
their full range for any significant inaccuracy. A boom angle or radius 
indicator shall be fitted.
    (11) It shall be ascertained that there is a durable rating chart 
visible to the operator, covering the complete range of the 
manufacturer's capacity ratings at all operating radii, for all 
permissible boom lengths and jib lengths, with alternate ratings for 
optional equipment affecting such ratings. Necessary precautions or 
warnings shall be included. Operating controls shall be marked or an 
explanation of controls shall be posted at the operator's position to 
indicate function.
    (12) Where used, clamshell buckets or other similar equipment such 
as magnets, etc., shall be carefully examined in all respects, with 
particular attention to closing line wires and sheaves. The accredited 
person may supplement such examination by requesting any operational 
tests as may be appropriate.
    (13) Careful examination of the junction areas of removable boom 
sections, particularly for proper seating, cracks, deformities, or other 
defects in securing bolts and in the vicinity of such bolts.
    (14) It shall be ascertained that no counterweights in excess of the 
manufacturer's specifications are fitted.
    (15) Such other examination or supplemental functional tests shall 
be made as may be deemed necessary by the accredited person under the 
circumstances.



Sec.  1919.72  Annual examination of cranes.

    (a) In any year in which no quadrennial unit proof test is required, 
an examination shall be carried out by an accredited person or his 
authorized representative. Such examination shall be made not later than 
the anniversary date of the quadrennial certification and shall conform 
with the requirements of Sec.  1919.71(d).



Sec.  1919.73  Unit proof test and examination of derricks.

    (a) Unit proof tests of derricks shall be carried out at the same 
times as are specified in Sec.  1919.71(a) for cranes.
    (b) Unit proof load tests and safe working load ratings shall be 
based on the design load ratings at the ranges of boom angles or 
operating radii. Unit proof loads shall exceed the safe working load as 
follows:

------------------------------------------------------------------------
            Safe working load                        Proof Load
------------------------------------------------------------------------
Up to 20 tons............................  25 percent in excess.
20-50 tons...............................  5 tons in excess.
Over 50 tons.............................  10 percent in excess.
------------------------------------------------------------------------


Proof loads shall be applied at the designed maximum and minimum boom 
angles or radii, or, if this is impracticable, as close to these as 
practicable. The angles or radii of test shall be stated in the 
certificate of test. Proof loads shall be swung as far as possible in 
both directions. The weight of all auxiliary handling devices shall be 
considered a part of the load.
    (c) After satisfactory completion of a unit proof load test, the 
derrick and all component parts thereof shall be carefully examined in 
accordance with the requirements of Sec.  1919.71(d), as far as 
applicable.



Sec.  1919.74  Annual examination of derricks.

    (a) In any year in which no quadrennial unit proof test is required, 
an examination shall be carried out by an accredited person or his 
authorized representative. Such annual examination shall be made not 
later than the anniversary date of the quadrennial certification and 
shall conform in all applicable respect with Sec.  1919.71(d).



Sec.  1919.75  Determination of crane or derrick safe working loads and
limitations in absence of manufacturer's data.

    (a) In the event neither manufacturer's data nor design data on safe 
working loads (including any applicable limitations) are obtainable, the 
safe working load ratings assigned shall be based on the owner's 
information and warranty that those so assigned are correct. Unit test 
certificates shall state the basis for any such safe working load 
assignment.



Sec.  1919.76  Safe working load reduction.

    (a) If the operation in which equipment is engaged never utilizes 
more than a fraction of the safe working

[[Page 354]]

load rating, the owner of such equipment may, at his option, have the 
crane or derrick certificated for and operated at a lesser maximum safe 
working load in keeping with the use and based on radius and other 
pertinent factors: Provided, however, That the equipment concerned is 
physically capable of operation at the original load rating and the load 
reduction is not for the purpose of avoiding correction of any 
deficiency.



Sec.  1919.77  Safe working load increase.

    (a) In no case shall safe working loads be increased beyond the 
manufacturer's ratings or original design limitations unless such 
increase meets with the manufacturer's approval. Where the 
manufacturer's services are not available, or where the equipment is of 
foreign manufacture, engineering design analysis by, or acceptable to, 
the accredited certification agency is required. All necessary 
structural changes shall be carried out.



Sec.  1919.78  Nondestructive examinations.

    (a) Wherever it is considered necessary by the accredited person or 
his authorized representative and wherever it is practical and advisable 
to avoid disassembly of equipment, removal of pins, etc., examination of 
structure or parts by electronic, ultrasonic, or other nondestructive 
methods may be carried out, provided that the procedure followed is 
acceptable to the Assistant Secretary and the person carrying out such 
examination is accredited or acceptable to the Assistant Secretary for 
the purpose.



Sec.  1919.79  Wire rope.

    (a) Wire rope and replacement wire rope shall be of the same size, 
same or better grade, and same construction as originally furnished by 
the equipment manufacturer or contemplated in the design, unless 
otherwise recommended by the equipment or the wire rope manufacturer due 
to actual working condition requirements. In the absence of specific 
requirements as noted, wire rope shall be of a size and construction 
suitable for the purpose, and a safety factor of 4 shall be adhered to, 
and verified by wire rope test certificate.
    (b) Wire rope in use on equipment previously constructed and prior 
to initial certification of said equipment shall not be required to be 
tested, but shall be subject to thorough examination at the time of 
initial certification of the equipment.



Sec.  1919.80  Heat treatment.

    (a) Wherever heat treatment of any loose gear is recommended by the 
manufacturer, it shall be carried out in accordance with the 
specifications of the manufacturer.



Sec.  1919.81  Examination of bulk cargo loading or discharging spouts
or suckers.

    (a) Those portions of bulk cargo loading or discharging spouts or 
suckers which extend over vessels, together with any portable 
extensions, rigging components, outriggers, and attachment points 
supporting them or any of their components vertically, shall be examined 
annually. The examination shall be carried out with particular attention 
to the condition of wire rope and accessories. The equipment shall not 
be considered satisfactory unless, in the opinion of the accredited 
person or his authorized representative, it is deemed fit to serve its 
intended function.



Sec.  1919.90  Documentation.

    (a) Documents issued respecting a certification function by an 
accredited person shall be on forms approved for such use by the 
Assistant Secretary and shall so state.
    (b) Such documents shall be issued by the accredited person to the 
owners of affected equipment, attesting to satisfactory compliance with 
applicable requirements. The forms used shall contain the following 
information:
    (1) Unit proof tests where required--
    (i) Identification of crane or derrick including manufacturer, model 
number, serial number, and ownership.
    (ii) Basis for assignment of safe worksigned (i.e., whether based on 
manufacturing load ratings, with the ratings asturer's ratings, whether 
for any specific service, etc.).
    (iii) Proof test details noting radii and proof loads, how applied, 
and,

[[Page 355]]

where applicable, direction relative to mounting.
    (iv) A statement that the test and associated examination were 
conducted and all applicable requirements of this subpart are met.
    (v) Any necessary remarks or supplementary data, including 
limitations imposed and the reason thereof.
    (vi) Name of accredited person and identification of authorized 
representative actually conducting test and/or examination.
    (vii) Authorized signature of accredited person; date and place of 
test and/or examination.
    (2) Annual examination of cranes or derricks--
    (i) Information specified in paragraphs (b)(1) (i), (v), (vi), and 
(vii) of this section.
    (ii) A statement that the required examination has been carried out 
and that, in the opinion of the accredited person or his authorized 
representative, the equipment has been found in compliance in all 
applicable respects with the requirements of this subpart.
    (3) Annual examination of bulk cargo loading or discharging spouts 
or suckers--
    (i) Specific identification of equipment.
    (ii) A statement that examination has been completed and that, in 
the opinion of the accredited person or his authorized representative, 
the equipment meets the criteria of Sec.  1919.81(a).
    (iii) Information specified in paragraphs (b)(1) (v), (vi), and 
(vii) of this section.
    (c) Certificates relating to wire rope, whether tested by or under 
the supervision of the accredited person or by its manufacturer and 
whether or not issued on the basis of the manufacturer's certificates, 
shall follow the general format of a wire rope test form approved by the 
Administration.
    (d) Accredited persons shall advise owners of affected equipment of 
the necessity for maintaining required documentation or acceptable 
copies thereof available for inspection at or near the worksite of the 
equipment involved.
    (1) Where initial and periodic tests as well as annual examinations 
are required, documentation available for inspection shall include the 
latest unit test certificate and any subsequent annual examination 
certificates, together with wire rope test certificates relating to any 
replacements since the last unit test or annual examination.
    (2) Where only annual examination is required, documentation 
available for inspection shall include the latest annual examination 
certificate and wire rope test certificates relating to any wire 
replaced since the last annual examination.
    (3) In the event that the heat treatment of any loose gear is 
recommended by its manufacturer, the latest heat treatment certificate, 
attesting to compliance with the manufacturer's specifications, shall be 
part of the available documentation.
    (e) No certification shall be issued until any deficiencies 
considered by the accredited person to constitute a currently 
unsatisfactory condition have been corrected. Replacement parts shall be 
of equal or better quality than original equipment and suitable for the 
purpose. In the event deficiencies remain uncorrected and no 
certification therefore is issued, the accredited person shall inform 
the nearest district office of the Administration of the circumstances.

(Section 1919.90 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0003)

[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]



PART 1920_PROCEDURE FOR VARIATIONS FROM SAFETY AND HEALTH REGULATIONS UNDER
THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--Table of Contents



Sec.
1920.1 Purpose.
1920.2 Variances.

    Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941); sec. 6, Occupational Safety and Health Act of 1970 
(29 U.S.C. 655).



Sec.  1920.1  Purpose.

    This part governs the procedure for the granting of variations from 
the

[[Page 356]]

safety and health regulations established pursuant to section 41 of the 
Longshoremen's and Harbor Workers' Compensation Act. The part provides 
the same procedures under this Act as are available for considering 
variances under the Williams-Steiger Occupational Safety and Health Act 
of 1970 (29 U.S.C. 651 et seq.).

[37 FR 10800, May 31, 1972]



Sec.  1920.2  Variances.

    (a) Variances from standards in parts 1915 through 1918 of this 
chapter may be granted in the same circumstances in which variances may 
be granted under sections 6(b) (6)(A) or 6(d) of the Williams-Steiger 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The 
procedures for the granting of variances from Parts 1915-1918 of this 
chapter are those published in Part 1905 of this chapter.
    (b) Any requests for variances shall also be considered requests for 
variances under the Williams-Steiger Occupational Safety and Health Act 
of 1970, and any variance from Sec. Sec.  1910.13 through 1910.16 of 
this chapter which adopt parts 1915-1918 of this chapter, shall be 
deemed a variance from the standard under both the Longshoremen's and 
Harbor Workers' Compensation Act and the Williams-Steiger Occupational 
Safety and Health Act of 1970.

[37 FR 10800, May 31, 1972]



PART 1921_RULES OF PRACTICE IN ENFORCEMENT PROCEEDINGS UNDER SECTION 41
OF THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--Table of Contents



              Subpart A_Applicability of Rules; Definitions

Sec.
1921.1 Applicability of rules.
1921.2 Definitions.

                     Subpart B_Prehearing Procedures

1921.3 Complaints.
1921.4 Answer.
1921.5 Motions and requests.
1921.6 Intervention.
1921.7 Stipulations of compliance.
1921.8 Consent findings and order.
1921.9 Prehearing conferences.

                  Subpart C_Hearing and Related Matters

1921.10 Appearances.
1921.11 Postponement or change of place of hearing.
1921.12 Hearing.

                      Subpart D_Decision and Order

1921.13 Decision of the hearing examiner.
1921.14 Exceptions.
1921.15 Transmittal of record.
1921.16 Decision and order of the Director.

                         Subpart E_Miscellaneous

1921.17 Service; copies of documents and pleadings.
1921.18 Witnesses and fees.
1921.19 Depositions.
1921.20 Subpoenas.
1921.21 Hearing examiners.
1921.22 Computation of time.

    Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941); 5 U.S.C. 301.

    Source: 27 FR 4165, May 2, 1962, unless otherwise noted. 
Redesignated at 28 FR 7909, Aug. 2, 1963, and further redesignated at 36 
FR 25232, Dec. 31, 1971.



              Subpart A_Applicability of Rules; Definitions



Sec.  1921.1  Applicability of rules.

    This part provides rules of practice for administrative hearings 
relating to the enforcement of section 41 of the Longshoremen's and 
Harbor Workers' Compensation Act and the safety regulations promulgated 
thereunder which are published in parts 1915 and 1918 of this subtitle. 
This part applies only to proceedings held under section 41(b)(5) of the 
Act. It does not apply to any other administrative proceedings held 
under section 41 of the Act.



Sec.  1921.2  Definitions.

    (a) Act means the Longshoremen's and Harbor Workers' Compensation 
Act.
    (b) Chief Hearing Examiner means the Chief Hearing Examiner, United 
States Department of Labor, Washington DC 20210.
    (c) Respondent means the person or organization proceeded against.
    (d) Assistant Secretary means the Assistant Secretary for 
Occupational Safety and Health.

[[Page 357]]



                     Subpart B_Prehearing Procedures



Sec.  1921.3  Complaints.

    (a) Issuance. The Deputy Solicitor of Labor shall institute 
enforcement proceedings by issuing a complaint and causing the complaint 
to be served upon the respondent.
    (b) Contents. The complaint shall contain a clear and concise 
factual statement sufficient to inform the respondent with reasonable 
definiteness of the types of acts or practices alleged to have occurred 
and to violate section 41 of the Act or the provisions of parts 1915 and 
1918 of this subtitle.
    (c) Amendments. At any time prior to the close of the hearing, the 
complaint may be amended in the discretion of the hearing examiner and 
on such terms as he may approve.
    (d) Notice of hearing. The hearing examiner shall notify the parties 
of the time and place for a hearing within 10 days after the service of 
the complaint.



Sec.  1921.4  Answer.

    (a) Filing and service. Within 14 days after the service of the 
complaint, the respondent shall file an answer with the Chief Hearing 
Examiner. The answer shall be signed by the respondent or his attorney.
    (b) Contents; failure to file. The answer shall:
    (1) Contain a statement of the facts which constitute the grounds of 
defense, and shall specifically admit, explain, or deny, each of the 
allegations of the complaint unless the respondent is without knowledge, 
in which case the answer shall so state; or
    (2) State that the respondent admits all of the allegations of the 
complaint. The answer may contain a waiver of hearing.

Failure to file an answer to or plead specifically to any allegation of 
the complaint shall constitute an admission of such allegation.
    (c) Procedure upon admission of facts. The admission, in the answer 
or by failure to file an answer, of all the material allegations of fact 
contained in the complaint shall constitute a waiver of hearing. Upon 
such admission of facts, the hearing examiner without further hearing 
shall prepare his decision in which he shall adopt as his proposed 
findings of fact the material facts alleged in the complaint. The 
parties shall be given an opportunity to file exceptions to his 
decision, and to file briefs in support of the exceptions.



Sec.  1921.5  Motions and requests.

    Motions or requests shall be filed with the Chief Hearing Examiner, 
except that those made during the course of the hearing shall be filed 
with the hearing examiner or shall be stated orally and made part of the 
transcript. Each motion or request shall state the particular order, 
ruling, or action desired, and the grounds therefor. The hearing 
examiner is authorized to rule upon all motions or requests filed or 
made prior to the filing of his report.



Sec.  1921.6  Intervention.

    At any time after the institution of proceedings and before the 
hearing examiner makes his decision, the hearing examiner may, upon 
petition in writing and for good cause shown, permit any interested 
person, including an employer, employee, labor or trade organization, or 
Federal or State agency, to intervene therein. The petition shall state 
with precision and particularity:
    (a) The petitioner's relationship to the matters involved in the 
proceedings,
    (b) The nature of any material he intends to present in evidence,
    (c) The nature of any argument he intends to make, and
    (d) Any other reason that he should be allowed to intervene.



Sec.  1921.7  Stipulations of compliance.

    At any time prior to the issuance of a complaint in the proceeding, 
the Assistant Solicitor in charge of trial litigation may in his 
discretion, enter into stipulations with the prospective respondent, 
whereby the latter admits the material facts and agrees to discontinue 
the acts or practices which are intended to be set up as violative of 
the Act or parts 1915 and 1918 of this subtitle. Such stipulations shall 
be admissible as evidence of such acts and practices in any subsequent 
proceeding in law or equity or under these regulations against such 
person.

[[Page 358]]



Sec.  1921.8  Consent findings and order.

    (a) General. At any time after the issuance of a complaint and prior 
to the receiption of evidence in any proceeding, the respondent may move 
to defer the receipt of any evidence for a reasonable time to permit 
negotiation of an agreement containing consent findings and an order 
disposing of the whole or any part of the proceeding. The allowance of 
such deferment and the duration thereof shall be in the discretion of 
the hearing examiner, after consideration of the nature of the 
proceeding, the requirements of the public interest, the representations 
of the parties, and the probability of an agreement being reached which 
will result in a just disposition of the issues involved.
    (b) Content. Any agreement containing consent findings and an order 
disposing of a proceeding shall also provide:
    (1) That the order shall have the same force and effect as an order 
made after full hearing;
    (2) That the entire record on which any order may be based shall 
consist solely of the complaint and the agreement;
    (3) A waiver of any further procedural steps before the hearing 
examiner or the Director; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and order entered into in accordance with the agreement.
    (c) Submission. On or before the expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement to the hearing examiner for his 
consideration; or
    (2) Inform the hearing examiner that agreement cannot be reached.
    (d) Disposition. In the event an agreement containing consent 
findings and an order is submitted within the time allowed therefor, the 
hearing examiner within 30 days thereafter shall accept such agreement 
by issuing his decision based upon the agreed findings.



Sec.  1921.9  Prehearing conferences.

    (a) Upon his own motion or the motion of the parties, the hearing 
examiner may direct the parties or their counsel to meet with him for a 
conference to consider:
    (1) Simplification of the issues;
    (2) Necessity or desirability of amendments to pleadings for 
purposes of clarification, simplification, or limitation;
    (3) Stipulations, admissions of fact and of contents and 
authenticity of documents;
    (4) Limitation of the number of expert witnesses; and
    (5) Such other matters as may tend to expedite the disposition of 
the proceeding.
    (b) The record shall show the matters disposed of by order and by 
agreement in such pretrial conferences. The subsequent course of the 
proceeding shall be controlled by such action.



                  Subpart C_Hearing and Related Matters



Sec.  1921.10  Appearances.

    (a) Representation. The parties may appear in person or by counsel. 
The term ``counsel'' means a member in good standing of the bar of a 
Federal Court or of the highest court of any State or Territory of the 
United States.
    (b) Failure to appear. In the event that a party appears at the 
hearing and no party appears for the opposing side, the party who is 
present shall have an election to present his evidence in whole or such 
portion thereof sufficient to make a prima facie case before the hearing 
examiner. Failure to appear at a hearing shall not be deemed to be a 
waiver of the right to be served with a copy of the hearing examiner's 
decision and to file exceptions thereto.



Sec.  1921.11  Postponement or change of place of hearing.

    If in the judgment of the hearing examiner convenience or necessity 
so requires, he may postpone the time or change the place of the 
hearing.



Sec.  1921.12  Hearing.

    (a) Order of proceeding; burden of proof. Except as may be 
determined otherwise by the hearing examiner, counsel supporting the 
complaint shall proceed first at the hearing. The Assistant Solicitor of 
Labor in charge of

[[Page 359]]

trial litigation, supporting the complaint, shall have the burden of 
proof. The burden of proof shall be satisfied by a preponderance of the 
evidence.
    (b) Evidence--(1) In general. The testimony of witnesses shall be 
upon oath or affirmation administered by the hearing examiner and shall 
be subject to such cross-examination as may be required for a full and 
true disclosure of the facts. The hearing examiner shall exclude 
evidence which is immaterial, irrelevant, or unduly repetitious.
    (2) Objections. If a party objects to the admission or rejection of 
any evidence or to the limitation of the scope of any examination or 
cross-examination or the failure to limit such scope, he shall state 
briefly the grounds for such objection. Rulings on all objections shall 
appear in the record. Only objections made before the hearing examiner 
may be relied upon subsequently in the proceeding.
    (3) Exceptions. Formal exception to an adverse ruling is not 
required.
    (c) Official notice. Official notice may be taken of any material 
fact not appearing in evidence in the record, which is among the 
traditional matters of judicial notice and also concerning which the 
Department by reason of its functions is presumed to be expert: 
Provided, That the parties shall be given adequate notice, at the 
hearing or by reference in the hearing examiner's decision of the 
matters so noticed, and shall be given adequate opportunity to show the 
contrary.
    (d) Oral argument before the hearing examiner. Oral argument before 
the hearing examiner may be allowed. However, such argument may be 
limited by the hearing examiner to any extent that he finds necessary 
for the expeditious disposition of the proceeding.
    (e) Transcript. Hearings shall be stenographically reported. Copies 
of the transcript may be obtained by the parties upon written 
application filed with the reporter, and upon the payment of fees at the 
rate provided in the agreement between the Assistant Secretary and the 
reporter.



                      Subpart D_Decision and Order



Sec.  1921.13  Decision of the hearing examiner.

    (a) Filing of transcript of evidence. As soon as practicable after 
the close of the hearing, the reporter shall transmit to the Chief 
Hearing Examiner the copies of the transcript of the testimony and the 
exhibits introduced in evidence at the hearing except such copies of the 
transcript and exhibits as are forwarded to the hearing examiner.
    (b) Proposed findings of fact, conclusions, and orders. Within 10 
days after receipt of notice that the transcript of the testimony has 
been filed or such additional time as the hearing examiner may allow, 
each party may file with the hearing examiner proposed findings of fact, 
conclusions of law, and order, together with a supporting brief 
including the reasons for any proposals. Such proposals shall be served 
upon all parties, and shall contain adequate references to the record 
and authorities relied upon.
    (c) Decision of the hearing examiner. Within a reasonable time after 
the termination of the time allowed for the filing of proposed findings 
of fact, conclusions of law, and orders, or after the date of submission 
of an agreement containing consent findings and order, the hearing 
examiner shall prepare his decision, which shall become the decision of 
the Assistant Secretary 20 days after service thereof unless exceptions 
are filed thereto, as provided in Sec.  1921.14 except in cases dealt 
with in Sec.  1921.8(b). Except in cases under Sec.  1921.8(b) the 
decision of the hearing examiner shall include a statement of:
    (1) Findings and conclusions, with reasons and bases, therefor, upon 
each material issue of fact, law, or discretion presented on the record, 
and
    (2) An appropriate order.

Except in cases under Sec.  1921.8(b), the decision of the hearing 
examiner shall be based upon a consideration of the whole record and 
supported by reliable, probative, and substantial evidence and upon the 
basis of the preponderance of the evidence.



Sec.  1921.14  Exceptions.

    Within 20 days after the date of the decision of the hearing 
examiner, the

[[Page 360]]

parties may file exceptions thereto with supporting reasons. Any party 
who desires to take exception to any matter set out in that decision 
shall transmit his exceptions in writing to the Chief Hearing Examiner, 
referring to the specific findings of fact, conclusions of law, or order 
excepted to, and the specific pages of transcript relevant to the 
exceptions, and suggesting corrected findings of fact, conclusions of 
law, or order.



Sec.  1921.15  Transmittal of record.

    Immediately following the period allowed for filing exceptions, the 
hearing examiner shall transmit the record of the proceeding to the 
Assistant Secretary. The record shall include: The pleadings, motions, 
and requests filed, and rulings thereon; the transcript of the testimony 
taken at the hearing, together with the exhibits filed; any documents or 
papers filed in connection with prehearing conferences; such proposed 
findings of fact, conclusions of law, and orders, and supporting 
reasons, as may have been filed in connection with the hearing; the 
hearing examiner's decision; and such exceptions, statements of 
objections, and briefs in support thereof, as may have been filed in the 
proceeding.



Sec.  1921.16  Decision and order of the Director.

    (a) Upon the basis of and after due consideration of the whole 
record, the Assistant Secretary shall render his decision, which shall 
adopt, modify, or set aside the findings, conclusions, and order 
contained in the decision of the hearing examiner, and shall include a 
statement of the reasons or bases for the action taken. With respect to 
the findings of fact, the Assistant Secretary shall upset only those 
findings that are clearly erroneous. Copies of the decision and order 
shall be served upon the parties.
    (b) When a final order of the Assistant Secretary issued pursuant to 
Sec.  1921.13(c) or paragraph (a) of this section has been in force for 
2 years or more, a party may file with the Assistant Secretary a 
petition for modification or vacation of the order. Such petition must 
be in writing, and must be based upon satisfactory compliance with the 
order during the 24 months immediately preceding the filing thereof and 
upon such changes in conditions and circumstances as to demonstrate, if 
established, that a continuation of the order in full force and effect 
is no longer required to assure satisfactory compliance with the 
regulations under the order. Such changes in conditions and 
circumstances as are relied upon must be expressly set forth together 
with the reasons why petitioner believes relief is justified and the 
precise nature of the relief sought. The petition may be supported by 
affidavits as to matters of fact.
    (c) If, after such investigation as the Assistant Secretary deems 
appropriate, in his judgment sufficient cause has been shown to justify 
the relief requested, he will enter an order granting relief. If in his 
judgment, sufficient cause has not been shown he shall so notify 
petitioner, who may then in writing request a hearing. Upon receipt of 
such request the Assistant Secretary will refer the petition with its 
supporting documents and the request to the Chief Hearing Examiner who 
will assign the matter for a hearing to be held on not less than 10 days 
notice at a time and place to be set by the hearing examiner. The Deputy 
Solicitor of Labor may file a pleading and otherwise appear in 
opposition to the petition. The hearing will be subject to all of the 
provisions of Sec. Sec.  1921.9 through 1921.22.

[31 FR 11144, Aug. 23, 1966]



                         Subpart E_Miscellaneous



Sec.  1921.17  Service; copies of documents and pleadings.

    (a) Manner of service. Service upon any party shall be made by the 
party filing the pleading or document by delivering a copy or mailing a 
copy to the last known address. If the person upon whom service is made 
by mail resides 500 miles or more from the party effecting service, such 
mailing must be by airmail. When a party is represented by an attorney 
the service may be upon the attorney.
    (b) Proof of service. A certificate of the person serving the 
pleading or other document by personal delivery or by mailing, setting 
forth the manner of

[[Page 361]]

said service shall be proof of the service of the pleading or other 
document.
    (c) Service upon Department, number of copies of pleading or other 
documents. An original and three copies of all pleadings and other 
documents shall be filed with the Department of Labor, whether to the 
Assistant Solicitor in charge of trial litigation, the hearing examiner, 
or the Assistant Secretary, as the case may be.



Sec.  1921.18  Witnesses and fees.

    Witnesses subpoenaed by any party shall be paid the same fees and 
mileage as are paid for like services in the District Courts of the 
United States. The witness fees and mileage shall be paid by the party 
at whose instance the witnesses appear.



Sec.  1921.19  Depositions.

    (a) When, how, and by whom taken. For good cause shown, the 
testimony of any witness may be taken by deposition in any proceeding, 
when a complaint has been filed, whether at issue or not. Depositions 
may be taken orally or upon written interrogatories before any person 
designated by the hearing examiner and having power to administer oaths.
    (b) Application. Any party desiring to take the deposition of a 
witness shall make application in writing to the hearing examiner, 
setting forth the reasons why such deposition should be taken; the time 
when, the place where, and the name and post office address of the 
person before whom the deposition is to be taken; the name and address 
of each witness; and the subject matter concerning which each witness is 
expected to testify.
    (c) Notice. Such notice as the hearing examiner shall order shall be 
given for the taking of a deposition, but this shall not be less than 5 
days' written notice when the deposition is to be taken within the 
United States and not less than 15 days' written notice when the 
deposition is to be taken elsewhere.
    (d) Taking and receiving in evidence. Each witness testifying upon 
deposition shall be sworn, and the adverse party shall have the right to 
cross-examine. The questions propounded and the answers thereto, 
together with all objections made, shall be reduced to writing, read to 
the witness, subscribed by him, and certified by the officer. 
Thereafter, the officer shall seal the deposition, with two copies 
thereof, in an envelope and mail the same by registered mail to the 
hearing examiner. Subject to such objections to the questions and 
answers as were noted at the time of taking the deposition and would be 
valid were the witness personally present and testifying, such 
deposition may be read and offered in evidence by the party taking it as 
against any party who was present or represented at the taking of the 
deposition or who had due notice thereof. No part of a deposition shall 
be admitted in evidence unless there is a showing that the reasons for 
the taking of the deposition in the first instance exist at the time of 
hearing.



Sec.  1921.20  Subpoenas.

    All applications for subpoenas ad testificandum and subpoenas duces 
tecum shall be made in writing to the hearing examiner. Application for 
subpoenas duces tecum shall specify as exactly as possible the documents 
to be produced, showing their general relevancy and reasonable scope.



Sec.  1921.21  Hearing examiners.

    (a) Who presides. All hearings shall be presided over by a hearing 
examiner appointed under section 11 of the Administrative Procedure Act.
    (b) How assigned. The presiding hearing examiner shall be designated 
by the Secretary or the Chief Hearing Examiner.
    (c) Powers. Hearing examiners shall have all powers necessary to the 
conduct of fair and impartial hearings, including the following:
    (1) To administer oaths and affirmations;
    (2) To issue subpoenas upon proper applications as provided in Sec.  
1921.20;
    (3) To rule upon offers of proof and receive relevant evidence;
    (4) To take or cause to be taken depositions and to determine their 
scope;
    (5) To regulate the course of the hearing and the conduct of the 
parties and their counsel therein;
    (6) To hold conferences for the settlement or simplification of the 
issues by consent of the parties;

[[Page 362]]

    (7) To consider and rule upon procedural requests;
    (8) To make and file decisions in conformity with this part.
    (9) To take any action authorized by the rules in this part or in 
conformance with the Administrative Procedure Act.
    (d) Consultation. The hearing examiner shall not consult any person 
or party on any fact in issue unless upon notice and opportunity for all 
parties to participate.
    (e) Disqualification of hearing examiners. (1) When a hearing 
examiner deems himself disqualified to preside in a particular 
proceeding, he shall withdraw therefrom by notice on the record directed 
to the Chief Hearing Examiner.
    (2) Whenever any party shall deem the hearing examiner for any 
reason to be disqualified to preside, or to continue to preside, in a 
particular proceeding, that party shall file with the Chief Hearing 
Examiner a motion to disqualify and remove such hearing examiner, such 
motion to be supported by affidavits setting forth the alleged grounds 
for disqualification. The Chief Hearing Examiner shall rule upon the 
motion.
    (f) Contemptuous conduct; failure or refusal of a witness to appear 
or answer. In the event of contemptuous conduct, including the failure 
or refusal of a witness to appear at any hearing or to answer any 
question which has been ruled to be proper, the hearing examiner may 
take any action reasonable under 41 CFR 50-203.8(l), promulgated under 
section 5 of the Act of June 30, 1936 (41 U.S.C. 39).



Sec.  1921.22  Computation of time.

    Sundays and holidays shall be included in computing the time allowed 
for filing any document or paper under this part. When such time expires 
on a Sunday or legal holiday, such period shall be extended to include 
the next following business day.



PART 1922_INVESTIGATIONAL HEARINGS UNDER SECTION 41 OF THE LONGSHOREMEN'S AND
HARBOR WORKERS' COMPENSATION ACT--Table of Contents



Sec.
1922.1 Definitions.
1922.2 Purpose and scope.
1922.3 Composition of the Board.
1922.4 Responsibilities of the Board; voting.
1922.5 Notice of investigational hearings.
1922.6 Investigational hearings.

    Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941); 5 U.S.C. 301.

    Source: 27 FR 4168, May 2, 1962, unless otherwise noted. 
Redesignated at 28 FR 7909, Aug. 2, 1963, and further redesignated at 36 
FR 25232, Dec. 30, 1971.



Sec.  1922.1  Definitions.

    (a) Act means the Longshoremen's and Harbor Workers' Compensation 
Act.
    (b) Board means the Board of Investigation.
    (c) Administration means the Occupational Safety and Health 
Administration.
    (d) Assistant Secretary means the Assistant Secretary for 
Occupational Safety and Health.
    (e) Injury means accidental injury or death arising out of and in 
the course of employment, and such occupational disease or infection as 
arises naturally out of such employment or as naturally or unavoidably 
results from such accidental injury.



Sec.  1922.2  Purpose and scope.

    Whenever any serious injury results from the employments covered by 
the Act or whenever it is otherwise appropriate, the Assistant Secretary 
may appoint a Board of Investigation to hold an investigational hearing 
during the course of any investigation made under section 41 of the Act. 
This part prescribes the manner in which any investigational hearings 
shall be conducted. This part does not apply to any adjudicative 
proceedings held under section 41(b)(5) of the Act.



Sec.  1922.3  Composition of the Board.

    The Board shall be composed of three members appointed by the 
Assistant

[[Page 363]]

Secretary, one of whom shall be designated as Chairman. All members 
shall be employees of the United States Department of Labor, and shall 
have experience in the field of maritime safety.



Sec.  1922.4  Responsibilities of the Board; voting.

    (a) Determinations and recommendations. To the extent possible, the 
Board shall determine the facts, conditions, and circumstances relating 
to any injury or condition which is the subject of investigation, the 
probable cause thereof, and shall recommend measures which will provide 
the best means of preventing future injuries or conditions of similar 
character. The determinations and recommendations shall be made after 
hearing such witnesses and receiving such documents and other data 
relating to the subject or subjects of investigation as may be found 
available as a result of preliminary investigation.
    (b) Report. Upon completion of the investigational hearing, the 
Board shall file a report of its investigation with the Assistant 
Secretary. The report shall contain the determinations and 
recommendations required under paragraph (a) of this section. Any member 
may file a separate report in order to express determinations, 
recommendations, or reasons for determinations or recommendations which 
differ from those of a majority of the Board.
    (c) Voting. Actions of the Board, including the determinations and 
recommendations required under paragraph (a) of this section, shall 
require a vote of a majority of its members.



Sec.  1922.5  Notice of investigational hearings.

    The Chairman of the Board shall give reasonable notice of the time 
and place of any investigational hearing to any person whose conduct is 
or may be pertinent to the subjects of investigation; to any prospective 
witnesses; and to any Federal or State agency engaged in similar 
investigative work.



Sec.  1922.6  Investigational hearings.

    The Chairman shall regulate the course of the hearing; dispose of 
procedural requests, objections, and related matters; and confine the 
hearing to the matters for which the Board is responsible. In the 
performance of these duties, the Chairman may be assisted by counsel 
assigned by the Solicitor of Labor. In the discretion of the Board, the 
hearing may be stenographically reported. When the hearing is so 
reported, copies of the transcript may be obtained upon such terms as 
the Chairman may provide.



PART 1924_SAFETY STANDARDS APPLICABLE TO WORKSHOPS AND REHABILITATION 
FACILITIES ASSISTED BY GRANTS--Table of Contents



    Authority: Secs. 12, 13, Vocational Rehabilitation Act Amendments of 
1965 (29 U.S.C. 41a, 41b).



Sec.  1924.1  Applicable safety standards.

    The safety standards provided in 41 CFR part 50-204 shall have 
effect to the extent applicable to any workshop or rehabilitation 
facility assisted by a grant pursuant to section 12 or section 13 of the 
Vocational Rehabilitation Act Amendments of 1965, 79 Stat. 1284, 1286.

[32 FR 3052, Feb. 18, 1967. Redesignated at 32 FR 4170, Mar. 17, 1967. 
Further redesignated at 36 FR 25232, Dec. 30, 1971]



PART 1925_SAFETY AND HEALTH STANDARDS FOR FEDERAL SERVICE CONTRACTS-
-Table of Contents



Sec.
1925.1 Scope and application.
1925.2 Safety and health standards.
1925.3 Records.

    Authority: Service Contracts Act of 1965 (41 U.S.C. 351, et. seq.); 
5 U.S.C. 301.



Sec.  1925.1  Scope and application.

    (a) The McNamara-O'Hara Service Contract Act of 1965 (79 Stat. 1034, 
41 U.S.C. 351, et seq.) requires that every contract entered into by the 
United States or the District of Columbia in excess of $2,500 (except as 
provided in section 7 of the Act), the principal purpose of which is to 
furnish services in the United States through the use of service 
employees, must contain, among other provisions, a stipulation that ``no 
part of the services covered

[[Page 364]]

by this Act will be performed in buildings or surroundings or under 
working conditions, provided by or under the control or supervision of 
the contractor or any subcontractor, which are unsanitary or hazardous 
or dangerous to the health or safety of service employees engaged to 
furnish the services.'' This part 1925 expresses certain minimum safety 
and health standards which will be applied in the administration and 
enforcement of the Act to determine whether services covered by the Act 
are being, or have been, performed in compliance with its safety and 
health requirements.
    (b)(1) Investigators conducting investigations and all officers of 
the Department of Labor evaluating, reviewing and analyzing 
investigations, as well as officers of the Department determining 
whether there are or have been violations of the safety and health 
requirements of the Service Contract Act of 1965 or any contract subject 
thereto and the terms on which there may be a settlement of issues 
arising from an investigation without resort to administrative or 
judicial litigation, will consider a failure to comply with the safety 
and health measures provided in Sec.  1925.2 to result in working 
conditions which are ``unsanitary or hazardous or dangerous to the 
health or safety of service employees'' within the meaning of section 
2(a)(3) of the Act and the contract stipulation it requires.
    (c) [Reserved]
    (d) The standards expressed in this part 1925 are for application to 
ordinary employment situations, and do not preclude proof or recognition 
of the necessity for additional standards in employment situations of 
extraordinary hazard. Neither do the standards expressed in this Part 
1925 purport to cover all of the working conditions which are unsanitary 
or hazardous or dangerous to the health or safety of service employees. 
Other working conditions may be found to be unsanitary or hazardous or 
dangerous to the health or safety of such employees on evidence to that 
effect.
    (e) Compliance with the standards expressed in this part 1925 will 
not relieve anyone from any obligation he may have to comply with any 
stricter standard, such as state or local law or ordinance or collective 
bargaining agreement.

[32 FR 21036, Dec. 30, 1967, as amended at 36 FR 9866, May 29, 1971. 
Redesignated at 36 FR 25232, Dec. 30, 1971]



Sec.  1925.2  Safety and health standards.

    Every contractor and subcontractor shall comply with the safety and 
health standards published in 41 CFR part 50-204, including any matters 
incorporated by reference therein.

[36 FR 9866, May 29, 1971. Redesignated at 36 FR 25232, Dec. 30, 1971]



Sec.  1925.3  Records.

    Every contractor or subcontractor shall comply with the 
recordkeeping requirements of 29 CFR part 1904.

[40 FR 3593, Jan. 23, 1975]

[[Page 365]]



                              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 367]]



                    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 368]]

     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 369]]

    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 370]]

     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 371]]

        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 372]]

         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 373]]

        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 374]]

      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 375]]

                     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 376]]

                          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 377]]

        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 378]]

        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 379]]

         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 380]]

                          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 381]]

       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 382]]

       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 383]]

                       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 384]]

                      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 385]]

        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 386]]

        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 387]]





           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 388]]

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 389]]

  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 390]]

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 391]]

  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 392]]

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 393]]

  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 394]]

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 395]]

  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 397]]



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
Subtitle A
Chapter XVII
1915 Authority citation revised.....................................2744
    Regulation at 82 FR 2744 eff. date delayed to 3-21-17...........8901
    Regulation at 82 FR 2744 eff. date further delayed to 5-20-17 
                                                                   14439
1915.1000 Table Z amended...........................................2744
    Regulation at 82 FR 2744 eff. date delayed to 3-21-17...........8901
    Regulation at 82 FR 2744 eff. date further delayed to 5-20-17 
                                                                   14439
1915.1024 Added.....................................................2744
    Regulation at 82 FR 2744 eff. date delayed to 3-21-17...........8901
    Regulation at 82 FR 2744 eff. date further delayed to 5-20-17 
                                                                   14439

                                  2018

29 CFR
                                                                   83 FR
                                                                    Page
Subtitle A
Chapter XVII
1915.8 Table amended................................................9703

                                  2019

29 CFR
                                                                   84 FR
                                                                    Page
Subtitle A
Chapter XVII
1915.5 (b) and (c) revised; (d)(1), (i) through (xiii), (vi)(A), 
        (B), (C), (vii)(A), (B), (C), (viii)(A), (B), (C), (2), 
        (i), (3), (i), (4), (i) through (xviii), (5), (i), and 
        (ii) redesignated as (d), (1) through (13), (6)(i), (ii), 
        (iii), (7)(i), (ii), (iii), (8)(i), (ii), (iii), (e), (1), 
        (f), (1), (i), (i)(1) through (18), (g), (1), and (2); new 
        (d) and new (g) introductory text amended; (e)(2), (f)(2), 
        and (h) added; eff. 7-15-19................................21555
1915.80 (b)(33) revised; eff. 7-15-19..............................21555
1915.1001 (m)(2)(ii)(C), Appendix D, Appendix E, and Appendix I 
        revised; eff. 7-15-19......................................21555
    (n)(2)(ii)(F) and (3)(ii)(A) amended; eff. 7-15-19.............21597
1915.1024 (o)(2) revised...........................................51399
1915.1026 (k)(1)(ii)(F) and (4)(ii)(A) amended; eff. 7-15-19.......21597

[[Page 398]]

                                  2020

29 CFR
                                                                   85 FR
                                                                    Page
Chapter XVII
1912 Authority citation revised....................................73423
1912.1 (a) revised.................................................73423
1912.13 Added......................................................73423
1913 Authority citation revised....................................45792
1913.10 (b)(6), (c)(1), (2), (d)(1), (2), and (m) revised; (g) 
        removed; (n) added.........................................45792
1915.153 Correction: Table I-1 amended..............................8732
1918 Correction: authority citation revised.........................8733
1918 Correction: appendix V amended.................................8733
1915.1024 (f)(1)(i)(B) through (E), (H), (g)(1)(iv), (h)(3)(iii), 
        (i), (k)(1)(i)(C), and (m)(3) removed; (f)(1)(i)(F), (G), 
        (g)(1)(v), (k)(1)(i)(D), (7)(ii) through (v), and (m)(4) 
        redesignated as (f)(1)(i)(B), (C), (g)(1)(iv), 
        (k)(1)(i)(C), (7)(iii) through (vi), and new (m)(3); (b) 
        and new (f)(1)(i)(C) amended; new (f)(1)(i)(D), new (E), 
        and new (k)(7)(ii) added; new (f)(1)(ii)(B), (2), 
        (g)(1)(iii), (h)(1), (2), (3)(ii), (j), (k)(1)(i)(B), 
        (2)(i)(B), (ii), (3)(ii)(A), (4)(i), (7)(i) introductory 
        text, (m)(1)(ii), new (3)(i) introductory text, (ii)(A), 
        new (m)(3)(ii)(D), new (iv), (n)(1)(ii)(F), (3)(ii)(A), 
        and (4)(i) revised; new (m)(3)(ii)(E) through (I) further 
        redesignated as (m)(3)(ii)(D) through (H); new 
        (m)(3)(ii)(D) removed......................................53996

                                  2021

29 CFR
                                                                   86 FR
                                                                    Page
1915 Authority citation revised....................................61554
1915 Policy statement..............................................64366
1915 Comment period extended.......................................68560
1915 Technical correction..........................................69586
1915.5 Revised.....................................................54613
1915.1024 Correction: (k)(7)(ii) revised...........................11119
1915.1501 Added; interim...........................................61554
1917 Authority citation revised....................................61554
1917 Policy statement..............................................64366
1917 Comment period extended.......................................68560
1917 Technical correction..........................................69586
1917.31 Added; interim.............................................61554
1918 Authority citation revised....................................61554
1918 Policy statement..............................................64366
1918 Comment period extended.......................................68560
1918 Technical correction..........................................69586
1918.107--1918.110 (Subpart K) Added; interim......................61555

                                  2022

  (No regulations published from January 1, 2022, through July 1, 2022)


                                  [all]